Pool and Water Filter System Maintenance, OM-22-016
January 13, 2022
(Updated 12/31/20)
CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of 2022, between the CITY OF STOCKTON, a munici pal corporation (“CITY), and ALL SEASONS POOL SERVICE a STATE OF CALIFORNIA SOLE PROPRIETORSHIP , with a business address at P.0. BOX 1624, LOD I, CALIFORNIA, 95241 , hereinafter called "CONTRACTOR.," THIS CONTRACT is for the POOL AND WATER FILTER SYSTEM MAINTENANCE (PROJECT NO. OM-22-016), hereinafter referred to as “SERVICE”.
RECITALS
A. CONTRACTOR represents that it is licensed in the State of California and is qualified, willing and able to provide the services proposed in the SCOPE OF WORK section of this Contract.
B. CONTRACTOR represent s that it is register ed pursuant to Labor Code Section 1725.5 and will register annually with the Department of Industrial Relations, if the services have a wage determination for the services outlined in the SCOPE OF WORK section of this Contract.
C. CONTRACTOR represent s that it will pay all required prevailing wages under California Labor Code for all se rvices provided that have a wage determination.
D. CITY finds it necessary and advi sable to use the services of the CONTRACTOR for the purposes provided in this Contract.
NOW THEREFORE , in consideration of the mu tual promises, covenants and conditions in this Contract, CITY and CONTRACTOR agree as follows:
1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall undertake and complete the services described in Exhibit A (scope and specifications) . CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibi t A and compatible with the standards of the profession. CONTRACTOR agr ees that it shall provide fully complete services including all labor, materials, tool s, equipment and insurance required and that are acceptable to the CITY.
2. COMPENSATION. CITY shall pay CONTRACTOR for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B (fee schedule), which is attached to this Contract and incorporated by this reference.
CONTRACTOR agrees this fee is for full re muneration for performing all services and furnishing all staffing, materials and tools ca lled for in the scope of services. The payments shall be made on a monthl y basis upon receipt and approval of CONTRACTOR’S invoice for completed work . Total compensation for services and
ATTACHMENT B
Pool and Water Filter System Maintenance, OM-22-016
January 13, 2022
(Updated 12/31/20)
reimbursement for costs shall not exceed $830,683.00 or as otherwise mutually agreed to in a Contract Change Order.
Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. CONTRACTOR shall be the beneficial owner of any securities substitu ted for monies withheld and shall receive any interest thereon.
a. Invoices submitted by CONTRACT OR to CITY must contain a brief description of work performed, locati on of work, time used, materials and special equipment and City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
b. Upon completion of work and acceptance by CITY, CONTRACTOR shall have sixty (60) days in which to subm it final invoicing for payment. An extension may be granted by CITY upon receiving a written request thirty (30) days in advance of said time limitation. CITY shall have no obligation or liability to pay any invoice for work performed which CONTRACTOR fails or neglects to submit within sixty ( 60) days, or any extension thereof granted by the CITY, after work is accepted by CITY.
3. INSURANCE. During the term of this Contract, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth i
n the attached Exhibit C (Insurance Requirements and Forms) which is attached to this contract and incorporated by this reference and shall otherwise comply with the other provisions of Exhibit C. Maintenance of proper insurance coverage is a material element of this contra ct and that failure to mainta in or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.
CONTRACTOR shall not com
mence any work before obtaining, and s hall maintain in force at all times during the duration and perfo
rmance of this contract, the policies of
insurance specified in Exhibit C
, which is attached to this contract and incorporated by this reference,
and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on S eptember 27, 2016, by Council Resolution No. 2016-09-27-1213, effective S eptember 27, 2016.
It shall
be a requirement under this agreement that any av ailable insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.
Furthermore, the requirements
for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or
(2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the
named Insured; whichever is greater.
ATTACHMENT B
Pool and Water Filter System Maintenance, OM-22-016
January 13, 2022
(Updated 12/31/20)
policy or proceeds available to the named Insured; whichever is greater.
The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.
The limits of insurance requir ed in this agreement may be sati sfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contai n a provision that such cove rage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreem ent) before the City of Stockton’s own insurance or self- insurance shall be called upon to protect it as a named insured.
All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce t he limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The 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.
CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event cont ractor fails to obtain or maintain completed operations coverage as required by this agreem ent, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONTRACTOR.
CONTRACTOR agrees to include with all Subcont ractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.
Subcontractors hired by CONTRACTOR ag ree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Docu ments. CONTRACTOR further agrees to include these same provisions with any subcontractor regardle ss of tier. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The CONTRACTOR shall require all Subcontra ctors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the CITY.
4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a greater extent than permitted under t he public policy of the State of California, CONTRACTOR shall indemnify, protect, defend with counsel approved by CITY and at CONTRACTOR’S
ATTACHMENT B
Pool and Water Filter System Maintenance, OM-22-016
January 13, 2022
(Updated 12/31/20)
sole cost and expense, and hold harmless CITY, its Mayor, Council, officials, representatives, agents, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (inc luding without limitation a ttorneys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, State, or m unicipal law or ordinance, or City Policy, by CONTRACTOR or CONTRA CTOR’S officers, agents, employees, volunteers or subcontractors. CONTRACTOR shall not be obligated to indemnify or defend CITY for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the CITY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of CONTRACTOR to CITY, the intent hereunder is to provide the maximum defense and indemnity obligat ions allowed by CONTRACT OR under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.
With exception that this section shall in no event be construed to require indemnification, including the duty to defend, by CONTRACTOR to a greater extent than permitted under the public policy of t he State of California, the parti es agree that CONTRACTOR’S duty to defend CITY is immediate and arises upon the filing of any claim against the CITY for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by CONTRACTOR or CONTRACTOR’S officers, agents, employ ees, volunteers or subcontractors.
CONTRACTOR’S duties and obligations to def end the CITY shall apply regardless of whether or not the issue of the CITYS liability, breach of this Agreement, or other obligation or fault has been determined. CONTRACTOR shall be immediately obligated to pay for CITY’S defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal. At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the CITY, CITY will then reimburse CONTRA CTOR for amounts paid in excess of CONTRACTOR’S proportionate share of responsibility for the damages within 30 days after CONTRACTOR provides CITY with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures CONTRACTOR is not obligated to defend or indemnify CITY in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.
With the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a grea ter extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, CONTRACTOR shall indemnify, defend, and hold harmless CITY, its Mayor,
ATTACHMENT B
Pool and Water Filter System Maintenance, OM-22-016
January 13, 2022
(Updated 12/31/20)
Council, officials, representatives, agents employees and volunteers from and against all claims, losses, expenses, and costs including, but not limited to attorneys’ fees, arising out of any claim brought against the CITY by an employee, office, agent, or volunteer of CONTRACTOR, regardless of whether such claim may be covered by any applicable workers compensation insur ance. CONTRACTOR’S indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR under workers’ compensation acts, disability acts, or other employee benefit acts.
CONTRACTOR’S obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Contract for CONTRACTOR to procure and maintain a policy of insurance.
CONTRACTOR/Subcontractor's responsibil ity for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.
If any section, subsection, sentence, clause or phrase of this indemnification is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this indemnification.
5. SCHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A , which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on DECEMBER 31, 2026, unless extended by mutual agreement through the issuance of a Contract Change Order. This contract provides for two (2), one (1) year extensions at the same rates and terms as outlined in Exhibit A and Exhibit B.
6. CONFORMANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits o f, or be subjected to discrimination under any pr ogram or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. //
//
ATTACHMENT B
Pool and Water Filter System Maintenance, OM-22-016
January 13, 2022
(Updated 12/31/20)
b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit D). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and t o set forth
a procedure for reporting, investigat ing, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVIS IONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislatur
e.ca.gov/faces/codes_displayText.xhtml?lawCode=
LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other traini
ng programs authorized by
Section 3093 and similar purposes applic able to the work to be done.
CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determi nation for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual co st of engineering, inspection,
ATTACHMENT B
Pool and Water Filter System Maintenance, OM-22-016
January 13, 2022
(Updated 12/31/20)
superintendence, and or other ov erhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement wil l not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the Stat e of California. To forfeit as a penalty to CITY the sum of TWENTY FIVE A ND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR , in the execution of this contract, for each calendar day duri ng which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of t he provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the cont ract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with eac h invoice to the Public Works Department, Attention Contract Comp liance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply wit h the provisions established in Section 1777.5 of the Labor Code c oncerning the 1) certified approval by local joint apprenticeship commi ttees for the employment and training of apprentices, and 2) contri bution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good fa ith effort to employ at least 50 percent of the workforce on this proj ect from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these r
equirements shall be deemed a material breach of the
contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for moni toring their compliance with section
3.68.095.
7. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right
ATTACHMENT B
Pool and Water Filter System Maintenance, OM-22-016
January 13, 2022
(Updated 12/31/20)
to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Project Manager to be nec essary or advisable and to require such extra work as may be determined by the Project Manager to be required for the proper completion of the whole work contemplated.
Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation fo r such work. A cont ract change order will not become effective until approved by the City Manager and/or the City Council.
8. RIGHTS AND DUTIES OF CITY. CITY shall make available to CONTRACTOR all data and information in t he possession of CITY which both parties deem necessary to complete the work, and CITY shall actively aid and assist CONTRACTOR in obtaining such information as may be deemed necessary from other agencies and individuals.
9. OBLIGATIONS OF CONTRACTOR. Throughout the term of this Contract, CONTRACTOR represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the CONT RACTOR to practice its professions, and CONTRACTOR shall, at its own cost and expense, keep in effe ct during the life of this Contract all such licenses, permits, q ualifications, insurance, and approvals CONTRACTOR shall meet with the Public Works Director or other personnel of CITY or third parties as necessary on all matt ers connected with the carrying out of CONTRACTOR’S services. Such meetings shall be held at the request of either party hereto. CONTRACTOR further warrants t hat it will follow the best current, generally accepted and professional practices to make findings, render opini ons, prepare factual presentations, and provide pr ofessional advice and recommendations regarding this project.
10. TERMINATION. This Agreement is effective on the Effective Date. The City may terminate this Contract and work pursuant to any of all scope of works at any time by mailing a notice in writing to Cont ractor. The Contract shall then be deemed terminated and no further work shall be performed by Contractor. If th e Contract is so terminated, the Contractor shall be paid for that percentage of work actually completed at the time the notice of termination is received.
11. CONTRACTOR STATUS. In performing the obligat ions set forth in this Contract, CONTRACTOR shall have the status of an independent contractor and CONTRACTOR shall not be considered to be an employee of the City for any purpose.
All persons working for or under the di rection of CONTRACTOR are its agents and employees, and are not agents of the CITY. Subcontractors shall not be recognized as having any direct or contractual relationship with the CITY. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of th is Contract. The
ATTACHMENT B
Pool and Water Filter System Maintenance, OM-22-016
January 13, 2022
(Updated 12/31/20)
CONTRACTOR is responsible to the CI TY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contra ct any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, work ing conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by CONTRACTOR.
i. It is further underst ood and agreed that CONTRACTOR must issue W- 2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR’S personnel.
ii. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against the CITY based upon any contention by any third party that employer- employee relationship exists by reason of this Contract.
12. ASSIGNMENT. CONTRACTOR shall not assign, sublet, or transfer this Contract or any interest or ob ligation in the Contract without the prior written consent of the CITY, and then only upon such terms and conditions as CITY may set forth in writing.
CONTRACTOR shall be solely responsible for reimbursing subcontractors.
13. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.
14. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To CONTRACTOR: All Seasons To City: Public Works Director Pool Service City of Stockton
P.O. Box 1624 22 E. Weber Ave., Rm. 301
Lodi, CA 95241 Stockton, CA 95202
15. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the CITY’S execution of this Contract and prior to the CONTRACTOR engaging in any operation or activity set forth in this Contract, CONTRACTOR shall obtain a City of Stockton business license, which must be kept in effect duri ng the term of this Contract. CONTRACTOR covenants that it has obtained al l certificates, licenses, permits and the like required to perform the services under this Contract.
16. RECORDS AND AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY fo r services under this Contract. Upon request, CONTRACTOR agrees to furnish CITY , or a designated representative, with necessary information and assistance.
ATTACHMENT B
Pool and Water Filter System Maintenance, OM-22-016
January 13, 2022
(Updated 12/31/20)
CONTRACTOR agrees that CI TY or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested, and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of intervie wing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpos es of determining complianc e with this Contract.
CONTRACTOR agrees to maintain such records for a period of three years from the date that final payment is made.
17. CONFIDENTIALITY. CONTRACTOR shall exercise reasonable precautions to prevent the unauthorized disclosure and use of CITY’S reports, information, or conclusions.
18. CONFLICTS OF INTEREST. CONTRACTOR cove nants that other than this Contract, CONTRACTOR has no financial interest with any official, employee, or other representative of the CITY. CONTRACTOR and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of CONTRACT OR’S services under this Contract. If such an interest arises, CONTRACTOR will immediately notify CITY.
19. WAIVER. In the event either CITY or CONTRACTOR at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
20. GOVERNING LAW. California law shall govern any legal action pursuant to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
21. DISPUTE RESOLUTION . Prior to undertaking any litigation, the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between senior managers of each Party having authority to resolve the dispute.
1. Venue
Any controversy or claim between the Parties shall be determined with venue for all claims in the Superior C ourt of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
2. If any litigation action or proceedi ng is commenced in connection with this Agreement, the prevailing Party, as determined by the court, shall be entitled to reasonable attorneys' fees (including allocated costs for in-
ATTACHMENT B
Pool and Water Filter System Maintenance, OM-22-016
January 13, 2022
(Updated 12/31/20)
house legal services), costs and necessary disbursements incurred in such action or proceeding.
22. NO PERSONAL LIABILITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY or for any amount due CONTRACTOR.
23. INTEGRATION AND MODIFICATION. The response by CONTRACTOR to the Request for Proposals or Qualifications and the Request for Proposals or Qualifications on file with t he CITY are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Reques t for Proposals or Qualifications. This Contract represents the entire integrated agreement between CONTRACTOR and CITY, supersedes all prior negotiations , representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by CONTRACTOR and CITY. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.
24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. //
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
ATTACHMENT B
26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.
IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.
CITY OF STOCKTON
By: ___________ _
HARRY BLACK
CITY MANAGER
ATTEST:
By: ____________ _
ELIZA R. GARZA, CMC
CITY CLERK
APPROVED AS TO FORM:
By: ____________ _
DEPUTY CITY ATTORNEY
ALL SEASONS POOL SERVICE
)lf lhzk. Slfr ccec/
• Print Name /
Title: O(.Jyt.e...r
Pool and Water Filter System Maintenance, OM-22-016
January 13, 2022
(Updated 12/31/20)
ATTACHMENT B
PUBLIC WORKS DEPARTMENT
REQUEST FOR PROPOSALS
FOR
POOL AND WATER FILTER SYSTEM
MAINTENANCE
PROJECT: OM 22-016
Issued by:
City of Stockton
Public Works Department
Parks Division
1465 S. Lincoln St
Stockton, CA 95206
Date Issued: November 11, 2021
Date Proposals Due: November 24, 2021 by 3:00 PM
LATE SUBMITTALS WILL NOT BE ACCEPTED
ATTACHMENT B
EXHIBIT A
2 1.0 INTRODUCTION
The City of Stockton Public Works Department is requesting proposals for pool water and filter system maintenance. Qualified firms wishing to respond to OM-22-016 Pool Water and Filter System Maintenance must provide all equipment and materials described in this document. The City of Stockton is requesting proposals from qualified licensed Pool Water and Filter System Maintenance Contractors to provide commercial pool maintenance services. Upon approval of the contract, work shall be executed beginning on April 1, 2022 and run through December 31, 2026 subject to funding availability and City Council approval. After t he initial four (4) year, nine (9) month contract term, there is the possibility for up to two (2) additional one-year terms via extension request by the Contractor and agreement by the City.
Definitions:
Contract Administrator = City representative assigned as primary day-to-day contact for Contractor.
Project Manager = Contractor representative assigned as primary day-to-day contact for City and person in charge of executing the ongoing work activities identified in the project scope of services.
Quality Control Manager = Contractor representative in charge of monitoring performance of Project Manager.
Regulations = California Health and Safety Code and the California Code of Regulations.
2.0 BACKGROUND
The City of Stockton is seeking a qualified licensed Pool Water and Filter System Maintenance Contractor to provide commercial pool services including but not limited to: all needed chemicals, service the water filter equipment, chemical injection equipment, and be able to provide repairs to the filter and chemical injection equipment for public pools at Brooking Park Pool, Oak Park Pool, Holiday Park Pool and Sousa Park Pool; referred hereafter as "pools".
3.0 PROJECT DESCRIPTION
Service work will include, Start Up Service, Daily Maintenance Service, Shut Down Service, Off Season Service, and Supplemental Service. Contractor shall provide a separate cost proposal as described in Section 6, Item 6.7 Cost Proposal, and two (2) references. Refer to Section 6.0 for further clarification regarding the proposal requirements.
ATTACHMENT B
EXHIBIT A
3 4.0 SCOPE OF WORK
4.1 Background Research
Swimming pool maintenance includes the activities necessary to properly maintain swimming pools. Activ
ities include but are not limited to checking overall
appearance, pool levels, chlorine residual, vacuum pumps, hair traps, pressure and vacuum gages, rate of flow indicators, filters storage tanks and air systems, showers, etc.
The activities described in the Scope of Work are expected to provide the level of maintenance desired. However, the contractor will be responsible for ensuring that the overall maintenance of the pools are kept to the highest quality to include all necessary materials and equipment. As a maintenance professional, the contractor will be expected to understand the necessary requirements and preventative maintenance activities necessary to keep the pools clean, aesthetically pleasing, in good mechanical working order, and compliant with San Joaquin County Health Department Regulations. Any service or activity required to do so shall be incorporated by reference herein and shall be the responsibility of the contractor.
Any damages incurred to the pools due to the contractor’s negligence will be his/her responsibility. Any additional work or repair required must be authorized by the Public Works Director prior to commencing the work or repair.
The pool technician must be a Certified Pool Operator (CPO) with current certification, licenses and permits and the like required to perform the services under this Contract.
In advance of submitting a proposal, the Contractor shall visit each site as necessary to familiarize himself/herself with all aspects of the project and existing site conditions.
4.2 Description of Work, and Schedule
The contractor shall maintain all records and logs required by these Special Provisions, the California Health and Safety Code and the California Code of Regulations. All updated l ogs shall be provided to the Contract Administrator with each pay application request. The contractor shall provide all labor, materials, chemicals, tools, supplies including all chemicals and testing materials, equipment, and transportation necessary to provide services described in these special provisions.
The City will also be contracting with Operator(s) for the pools who will schedule various programs at the pools. Contractor must coordinate Contractor’s maintenance tasks with the Operator’s operating schedule and be available to the City and the Operator at all times while the pools are open to the public. See
ATTACHMENT B
EXHIBIT A
4 Supplemental Services section.
4.2.1 Hours and Days of Work
Contractor must have all pools ready a minimum of one (1) hour prior to that day’s scheduled opening. The City reserves the authority to direct the Contractor to amend the working schedule if conflicts are apparent. If scheduling problems develop, the City and Contractor will review and change the schedule as necessary. If adjustments to the schedule are necessary, they will be negotiated with the Contractor and the
adjustments confirmed in writing as mutually agreed.
4.2.2 Pool Maintenance/Water Quality Services
For the following services, the contractor shall keep logs of all maintenance operations and chemical usage in accordance with applicable regulations. Such records shall be subject to approval by the City Contractor Administrator or representative. Hardcopy logs and maintenance records shall be kept at each site for City inspection. A copy (.pdf or .jpg, are acceptable) of these logs shall be emailed to the Contract Administrator with each month’s invoice for services.
A.
Water Quality
Contractor shall maintain pool water quality and chemistry in accordance with the most current versions of the Regulations and the Public Pool Standards. At no time shall the water chemistry cause a failure of permission to operate the pool as granted by the regulatory agency.
Expected Free Chlorine (FC) count is 5.0 ppm (between 3.0 and 10.0 ppm is acceptable). Any reading less than 3.0, or above 10.0, is unacceptable and will constitute an Emergency Call-Out at no charge to the City. Combined Chlorine (CC) count at .04 ppm or less, 0.0 ppm is preferred. The City's desired level of pH (potential of hydrogen) is 7.4.
In the event permission to operate is revoked due to poor water quality/chemistry caused by Contractor's actions, Contractor's invoice for the month will be reduced by 1/30 of the Monthly Maintenance Service cost for each day the pool cannot be opened/operated during that service month. See also Section 3.4 Liquidated Damages, which will apply.
4.2.3 Specifications
Contractor will not be allowed to commence work until a work schedule has been submitted and approved. Contractor shall provide a schedule of days and times that maintenance services will be performed at each pool. Contractor shall provide said schedule within fifteen (15) calendar days of contract award.
ATTACHMENT B
EXHIBIT A
5 The City reserves the authority to direct the Contractor to amend the working hour schedule if conflicts are apparent. If scheduling problems develop, the City and Contractor will review and change the schedule as necessary.
A. Start Up Service
Contractor shall have Start Up service complete and pools ready for full operation by May 20th each year of the contract. Start Up service shall consist of the following tasks:
Contractor shall meet with Contract Administrator on or around March 1 each year of the contract. At such time, Contractor shall inspect each pool, filter system, and chemical injection system. By March 15, Contractor shall submit to Contract Administrator a list of all items necessary to get each pool ready for full operation by May 20.
1. Drain pool (unless dire
cted otherwise by Contract Administrator).
2. Acid wash interior pool surfac es. Inspect pool surface and notify Contract Administrator and any areas requiring repair. Contact Contract Administrator upon completion of acid washing.
3. Scrub water line tiles. Upon completion tiles should be clean and smooth with no evidence of dirt, scum, mineral deposits or chemical deposits.
4. Clean and service chemical injection system. This shall include cleaning/flushing all feed and supply lines that deliver chemicals to the pool water.
5. Clean and service filter system.
6. Fill pool to proper level. C ontact Contract Administrator for authorization/approval prior to commencing filling pool.
7. Adjust and maintain chemical levels in conformance with the Regulations and the Public Pool Standards for anticipated opening.
8. Place filtration and chemical injection systems into automatic operation and check/monitor for proper operation.
9. Provide and install al l regulatory signage during 3 rd week of May prior
to season opening each year.
10. Check pool, clean out skimmer/strai ner baskets, test water and adjust chemicals as necessary and at least two (2) times a week with at least two (2) days between each service until Daily Maintenance commences.
ATTACHMENT B
EXHIBIT A
6 11. Once each week, Brush/scrub pool walls, floor and steps to remove dirt and algae. Upon completion, there shall not be any dirt and/or algae and on any surfaces.
12. Vacuum pool at least two (2) times a week
B. Daily Maintenance Service
Daily Maintenance Service tasks start the Friday immediately prior to Memorial Day each year and shall consist of the following tasks:
1. Test water chemistry prior to Operator arriving and opening the pool for public use:
Water chemistry shall be tested at least twice a day. Balance chemicals as needed to comply with all government rules and regulations.
2. Empty and clean all skimmer baskets as often as necessary but no less than once each day
3. Vacuum pool a minimum of three (3) times a week or more often if needed to keep pools clean.
4. Skim water surface with a net as often as necessary but no less than once each day to remove all floating material.
5. At least once each week or mo re often if needed, scrub water line tiles. Upon completion tiles should be clean and smooth with no evidence of dirt, scum, mineral deposits or chemical deposits.
6. Check pump, strainers and filt ers daily, and clean if necessary.
7. Check and record filter pressu re gauge readings and flow meter reading daily and take corrective measures as indicated.
8. Maintain all pool filtration equipment in proper working order. This includes regular back-washing and/or cleaning pump strainer/filter as required.
9. Maintain chlorination systems and/ or chemical feed/injection systems by cleaning and adjusting as required.
10. Daily make sure pump room and chemical storage areas are clean.
11. At least once per week, wipe dow n all pool mechanical equipment.
12. Maintain required records in accordance with the Regulations and Public Pool Standards.
13. Project Manager shall confer with Contract Administrator at least once (1) each week to discuss progress of work.
14. Secure/lock building/s, gates, pool site/s, and set alarm upon leaving.
ATTACHMENT B
EXHIBIT A
7 15. Quality Control Manager
will inspect the pool at least twice each week during the "Daily Maintenance" season on an unannounced basis. Contractor shall submit reports of the inspections with their monthly invoice.
C. Shut Down Service
The contractor will perform the following "Shut Down S
ervice" starting the
day after Labor Day each year and service shall be completed within five (5) working days.
The pools shall be considered closed as of the day following Labor Day
1. Empty and clean all skimmer baskets
2. Skim water surface with net to remove all floating material.
3. Scrub water line tiles. Upon completion tiles should be clean and smooth with no evidence of dirt, scum, mineral deposits or chemical deposits
4. Brush/scrub pool walls, floor and steps to remove dirt and algae.
Upon completion, there shall not be any dirt and/or algae and on any surfaces
5. Vacuum pool to remove all debris.
6. Clean pump, stra iners and filters.
7. Check and record filter pressu re gauge readings and flow meter readings.
8. Make sure all pool filtration equi pment is in working order. Prepare report of any inoperable equipment and submit to City.
9. Clean and secure pump room and chemical storage areas. Remove all chemicals from sites.
10. Back-washing and cle an pump strainer/filter.
11. Add winterization chemicals to pool to retard algae growth.
12. Upon Completion of Shut Down Service tasks, request walk through inspection with Contract Administrator. Inspection shall be completed prior to September 30.
Upon completion of Shut Down Service, contractor shall service pools according to "Off Season Service Tasks" through the last day of September.
Contractor shall commence "Off Season Service" on October 1.
ATTACHMENT B
EXHIBIT A
8 D. Off Season Service Tasks
Contractor shall, by November 30 each year, provide a written report listing any service/s, repair/s, and/or equipment which may be necessary to render each pool, filter system and any other appurtenant systems reliably operational for the following open season. The contract or shall provide a cost estimate for any necessary repairs or services that are not already a part of the scope of this work. Should City elect to have contractor perform the repairs, a change order will be issued and the contractor is expected to have all repairs completed prior to April 1 and pool openings for the following season.
Contractor shall maintain the pool water clarity an d chemically balanced in accordance with the Regulations and Public Pool Standards.
Contractor shall perform the following tasks three (3) times each week:
1. Empty all filters and skimmers
2. Backwash filters as often as nece ssary to maintain at least 70% of normal flow rate.
3. Skim water surface to remove floating matter
4. Vacuum entire pool to remove all debris that has accumulated in pool.
5. Brush/scrub pool walls, floor and steps to remove dirt and algae.
Upon completion, there shall not be any dirt and/or algae and on any surfaces.
6. Adjust/add chemicals as necessary to comply with the Public Pool Standards and the Regulations.
7. Verify timer is operating properly and pool circulation system runs for at least 6 hours per day.
8. Add water as necessary to bring to proper level.
9. Contractor shall check pool after each rain storm. Contractor shall remove all debris that has fallen into pool and shall adjust water chemistry to insure it is in conformance with the California Health and Safety Code and California Code of Regulations.
10. Prepare report of tasks performed and chemicals used at each visit.
11. Report any areas needing additional attention or circumstances requiring City's attention. Submit weekly reports on the condition of the pools to the Contract Administrator. The report shall also contain a picture of each pool showing the condition of the water.
12. Check the entire site including a ll building/s and fences for vandalism.
Report any vandalism to City Contract Administrator.
ATTACHMENT B
EXHIBIT A
9 13. Secure/lock building/s, gates, and pool site/s upon leaving.
E. Supplemental Services
Contractor shall provide a Supplemental Services Cost schedule for the following Supplementary Services. Some, none, or all of these services may be needed at any time during the contract period.
E.1 Contamination Event (response time same as defined in Section F) In the event of Fecal, Vomit, and/or Blood contamination, depending on the level of contamination, Contractor shall perform the following disinfection procedures:
1 After a fecal, vomit, or blood cont amination incident, the Operator will close the pool/sand contact the Contractor. If the public pool is one of multiple pools that use the same filtration system, then all interconnected pools will be closed to pool users. No one shall be allowed to enter the public pool(s) until the disinfection procedures have been completed.
2. The Operator will record the num ber of occupants in the pool, the type of contaminating material, the time of occurrence, and the time of day the pool was closed and provide this information to the Contractor.
3. Contractor shall remove cont aminating material and discharge the contaminating material directly to the sanitary sewer. The Contractor shall clean and disinfect the item used to remove the contaminating material.
4. The Contractor shall record the pH of the water and then ensure that the pH of the public pool water is maintained at 7.5 or lower and adjust the pH if necessary.
5. The Contractor shall record public pool water temperature.
6. The Contractor shall ensure that the filtration system is operating while the public pool reaches and maintains the proper free chlorine concentration during the disinfection process.
7. The Contractor shall disinfec t the public pool water as follows:
a. If the contaminating material is a formed fecal stool or vomit, the Contractor shall raise and maintain the free chlorine concentration in the pool to a minimum of 10 ppm for at least 25 minutes. b. If the fecal material is a di arrheal-stool, the Contractor shall raise the free chlorine concentration in the pool to a minimum of 20
ATTACHMENT B
EXHIBIT A
10 parts per million (ppm}, maintain the pH between 7.2 and 7.5 for at least 13 hours to achieve the contact time (CT) value of 15,300. CT value is the concentration of chlorine in ppm multiplies by the time in minutes. In this case, a 20- ppm concentration of chlorine maintained in a pool for 12.5 hours or 765 minutes will result in a CT value of 15,300 (765 minutes X 20 ppm). Any combination of chlorine concentration and time resulting in a CT value of 15,300 or greater can be used to achieve disinfection. After the CT value has been reached, Contractor shall thoroughly backwash filter to the sanitary sewer and before the pool is reopened.
c. If the contaminating material is blood, the Contractor shall check the free chlorine concentration in the public pool at the time of the incident. If it is below the required minimum free chlorine concentration, the Contractor shall immediately close the public pool until the required minimum free chlorine concentration is achieved. d. The Contractor- shall test the free chlorine residual at multiple sampling points to ensure the proper free chlorine concentration is achieved throughout the public pool water for the entire disinfection time.
e. The Contractor shall replace any affected cartridge filters and shall backwash non-cartridge filters after the disinfection process has been completed and before the pool is reopened. The Contractor shall ensure the effluent is discharged directly to the sanitary. The Contractor shall not return the backwash through the filter. The Contractor shall replace the filter media if necessary. f. The Contractor shall not release the pool for use until the disinfection process has been completed and the free chlorine concentration is less than ten (10) parts per million (ppm) and pH of the public pool water have returned to normal operating ranges in accordance with section 65529 of the Regulations.
g. When ready, the Contractor shall notify the Operator.
8. The Contractor shall immediat ely document each fecal, vomit, and blood contamination incident and maintain records as follows:
a. The date and time of the incide nt, the available free chlorine, pool temperature, pH level, and, if used, cyanuric acid level at the time of the incident.
b. Whether the fecal stool was formed or diarrheal.
ATTACHMENT B
EXHIBIT A
11 c. The number of pool users in the public pool and the length of time between the occurrence, detection and resolution of the incident. d. Before reopening pool, record the free chlorine and pH levels, the procedures followed in response to the i
ncident (including the
process used to increase the chlorine levels if necessary), and the contact time.
E.2 Emergency Response and Emergency Call Out
Contractor shall provide 30-minute response times for both Emergency Response and Emergency Call Out notifications. The 30-minute response time is from
the time the call is placed to the Contractor, to the time the Contractor or Contractor's staff arrives at the site.
An Emergency Response is to be used to secure an immediate problem. If repairs are needed, they are to be accomplished during regular working hours if possible. Emergency Response time is considered additional service on a time and materials basis.
An Emergency Call Out is used when the Contractor has not performed as to the specifications and needs to immediately remedy the situation. An Emergency Call Out is not an additional service, and no extra fees will be paid by the City.
All Supplemental Services must be approved by the Contract Administrator prior to the Contractor performing the work. Payment for approved Supplemental Services shall be based on Contractor's bid prices. If Contractor is requested to perform a maintenance service that is not on the Bidding Schedule, the actual cost of labor plus cost of materials plus ten percent (10%) will be allotted for the service/repair. Contractor shall submit a proposal for the service/repair detailing the labor and material costs separately. Should the City decide to have the Contractor perform the work, a contract change order will be processed for the work.
E.3 Incidental Repairs
The Contractor shall provide skilled and experienced staff capable of performing minor maintenance repairs to pool chemical and filtration equipment at a set hourly rate. Su
ch minor maintenance repairs shall be
made at request of the City and only after receiving City approval of a cost not to exceed price from the Contractor for time and materials and overhead.
Such repairs shall be subject to review and approval by the City and shall be performed in accordance with all applicable regulations.
ATTACHMENT B
EXHIBIT A
12 F. Storage of Materials
Contractor shall not store any chemicals on site.
G. Locations of work:
1; Brooking Park Pool: 4505 Nugget Av
2; Oak Park Pool: 3754 Alvarado Av
3; Sousa Pool: 2900 Yellowstone Av
4; Holiday Park Pool: 5703 Kermit Lane
NOTE: CITY SHALL NOT BE LIABLE FOR SECURITY OF MATERIALS.
CONTRACTOR SHALL BE SOL
ELY RESPONSIBLE FOR THE PURCHASE,
TRANSPORTATION, APPLICATION, AND SECURITY OF POOL
CHEMICALS AND ASSOCIATED MATERIALS. THEFT OF MATERIALS
DOES NOT RELIEVE THE CONTRACTOR FROM MAINTAINING WATER
QUALITY/WATER CHEMISTRY REQUIREMENTS.
4.3 Public Outreach
Does not apply.
4.4 Coordination/Meetings
The Contract Administrator will be available by phone or email. The Contractor shall be responsible for communication with the Contract Administrator via email, or phone as often as necessary to assure on- schedule completion of maintenance tasks.
4.5 Drawings
The City has site drawings available and will provide them to the Contractor in .pdf form – upon request.
ATTACHMENT B
EXHIBIT A
13 5.0 PROJECT AND PROPOSAL GENERAL INFORMATION
5.1 Proposal Submissions
Proposals shall be submitted and received no later than 3:00 PM on November 24, 2021 to:
ATTN: MIGUEL MENDOZA
CITY OF STOCKTON
22 E. WEBER AVENUE, ROOM 301
STOCKTON, CA 95202
The proposal should be firmly sealed in an envelope which will clearly be marked on the outside with “ POOL AND WATER FILTER SYSTEM MAINTENANCE - PROJECT OM 22-016”. The Cost Proposal must be in a sealed envelope separate from the proposal. Late Proposals will not be accepted.
5.2 Acceptance or Rejection of Proposal
The City reserves the right to negotiate an agreement with the firm submitting the highest-ranking proposal. Also, the City reserves the right to reject any and all proposals or to waive any irregularity in a proposal if it is deemed to be in the best interest of the City. Failure to submit all requested information could be grounds to reject the proposal.
5.3 Proposal Questions and Requests for Clarification
Any question or request for clarification shall be submitted in writing to:
[email protected]
Requests for clarification shall be submitted by November 18, 2021 by 8:00 A.M. (Pacific Standard Time). If a response warrants an addendum to the RFP, such addendum will be emailed at least two days prior to the proposal due date. It is the proposer’s responsibility to include a copy of such email response with his/her proposal. The response will also be emailed to the other proposers.
5.4 Causes for Disqualification
Any of the following may be considered cause to disqualify a proponent without further consideration:
A. Evidence of collu sion among proponents;
B. Any attempt to improperly influence any member of the evaluation panel; C. Any attempt to commu nicate in any manner with a City of Stockton
ATTACHMENT B
EXHIBIT A
14 elected official during the RFP/bid process will, and shall be, just cause for disqualification/rejection of proponent’s proposal/bid submittal and considered non-responsive.
D. A proponent's default in any operat ion of a professional services agreement which resulted in termination of that agreement; and/or E. Existence of any lawsuit, unresolved contractual claim, or dispute between proponent and the City.
F. No person, firm, or corporation sha ll be allowed to make or file or be interested in more than one bid for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section 3.68.120 of the Municipal Code.
G. Any exceptions to the insurance requirement may result in a non- responsive proposal.
5.5 Licensing Requirements
Contractor shall possess and maintain professional certifications or licenses that may be required to perform the work as described herein and such…are the sole cost and responsibility of the proposer.
Contractor shall possess a valid City of Stockton Business License prior to starting work. Contractor shall possess a C-53 Swimming Pool Contractor or Class C-61, Limited Specialty. D-35, Pool and Spa Maintenance Contractor, license as issued by the Contractors State License Board of California in order to submit a bid for this work. Department of Industrial Relations (DIR) registration is not required for general pool maintenance; however Contractor shall register for any additional work as required by the DIR.
Certification: Contractor and all staff assigned to work at the pools shall be a Certified Pool/Spa Operator® as designated by the National Swimming Pool Foundation in order to submit a bid for this work. Contractor and all staff assigned to work at the pools must maintain their certification during the entire contract period.
5.6 Insurance Requirements
The proposer must obtain and maintain the required insurance. Proposer should review Attachment B, Instructions to Proposers for information regarding insurance, indemnification, Disadvantaged Business Enterprises, prevailing wages, etc. Failure to comply with the Instructions to Proposers may be grounds for rejection.
5.7 Department of Industrial Relations
Please refer to Attachment B, Instructions to Proposers, for registration requirements with the Department of Industrial Relations.
ATTACHMENT B
EXHIBIT A
15 5.8 Product Ownership
Any documents resulting from the performance of work in the contract will become property of the City.
6.0 REQUIRED PROPOSAL CONTENT
The proposal shall contain the following, at a minimum:
Cover Letter
Executive Summary
Project Team
Examples of experience with similar types of work
References
Schedule
***Cost Proposal – separate sealed envelope, including the Supplemental Services Cost Schedule and an hourly rate for incidental repairs.
The body of the technical proposal shall not exceed 20 pages with a minimum font size of 10. Proposer shall submit 3 bound sets of the proposal and one PDF on a flash drive. The maximum allowable length is exclusive of any folder, cover, or section dividers. Proposals shall be no more than 25 pages, including resumes and the cover letter.
ATTACHMENT B
EXHIBIT A
16 6.1 Cover Letter
The letter shall be signed by an official with the authority to negotiate and contractually bind the firm with the City of Stockton. Provide name, title, address, email, and telephone number for this official. Describe any subcontract arrangements or licensing agreements. Include any potential conflict of interest.
6.2 Executive Summary
The Executive Summary shall include a summary of the proposal, emphasizing the approach to be taken and including a work plan, schedule, and description of the capabilities of the Contractor. The summary should convey an understanding of the purpose of the project and the maintenance services required for performance.
6.3 Project Team
Describe your team organization including the qualifications of the prime contractor.
The following should be addressed:
Demonstrate the firm’s experience to successfully complete the maintenance tasks. This should include a description of prior experience in working with public agencies, including working with City staff.
Ability for project team to perform the proposed work within the required time limits of; Start Up Service, Daily Maintenance Service, Shut Down Service, Off Season Service, and
Supplemental Service, considering their current and projected contracts and obligations.
Ability to provide quality control of all deliverables and be responsive to all issues in a timely manner.
Provide project team names, email addresses, and phone numbers.
6.4 Examples of Experience wit h Similar Types of Work
Provide examples of projects similar in scope and size to this project.
6.5 References
Provide two client references for the firm, at least one which is familiar with the Contractor’s project manager and key personnel. This shall include the name, company, contact information, and description of related work that was provided to the client.
ATTACHMENT B
EXHIBIT A
17 6.6 Schedule
Provide the estimated times and days of the week for each of the services, Start Up Service, Daily Maintenance Service, Shut Down Service, Off Season Service, and call outs for Supplemental Services. The selected contractor is expected to respond within 30 minutes to a pool site for call outs.
6.7 Cost Proposal
Proposer shall submit a cost proposal as part of their overall proposal.
Identify monthly costs for each month which total an annual amount for January to December, this should include total fee for all costs to complete all the tasks based on the type of service done. Start Up Service (month of May), Daily Maintenance Service (months of June, July, and August), Shut Down Service (month of September), Off Season Service (months of October, November, December, January, February, March, and April), and Supplemental Services (per event). See Attachment C.
The cost proposal must be in a sealed envelope separate from the other required proposal content.
7.0 PROPOSAL EVALUAT
ION
The Contractor Selection process is anticipated to follow the timeline shown below.
Event Date
Post Request for Proposals November 11, 2021
Written Questions submitted by November 18, 2021 at 8:00 A.M.
Response to Written Questions November 22, 2021
Proposals Due November 24, 2021
Interviews Start January 2022
Negotiations January 2022
City Council Approval March 2022
7.1 Proposal Evaluation
The selection committee will evaluate all proposals. Ranking will be in accordance with the attached Evaluation Scoring Worksheet (See Attachment A). Cost will be a factor in the evaluation, but selection is predominantly qualifications based on qualifications and how well the Contractor fits within the City’s objectives for annual pool maintenance.
ATTACHMENT B
EXHIBIT A
18 Cost proposals will not be opened until after other categories have been evaluated. Local preference will also be a factor, so Stockton firms are encouraged to propose. Also, non-Stockt on firms should make an effort to use Stockton contractors whenever possible. Points will be weighted based on the amount of work being performed by the local contractors and/or businesses.
7.2 Negotiations
City staff will begin negotiations with the highest ranked firm. If an agreement cannot be reached after a reasonable period of time, as determined by the City, then the City will terminate negotiations with the number one ranked firm and negotiations will be opened with the second ranked firm. The compensation discussed with one prospective Contractor will not be disclosed or discussed with another Contractor.
The selected contractor will be expected to enter into a Maintenance Services Contract with the City. Proposers should direct their attention to Attachment B, Instructions to Proposers for the most current insurance and indemnification language. It is expected that the successful proposer will accept these terms without modification.
The contract shall not be in force until the Council approves the contract and the City manager signs it. Work performed before the issuance of a Notice to Proceed cannot be paid by the City.
ATTACHMENTS:
Attachment A – Evaluation Scoring Sheet
Attachment B – Instructions to Proposers
Attachment C – Proposal Forms
ATTACHMENT B
EXHIBIT A
NON-COLLUSION DECLARATION
(Title 23 United States Code Section 112 and Publlc
Contract Code Section 7106)
To the CITY of STOCKTON DEPARTMENT OF PUBLIC WORKS.
The undersigned declares:
I am the OWNER , of ALL SEASONS POOL SER the party making the foregoing proposal.
The proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The proposal is genuine and not collusive or sham. The proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal. The proposer has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or to refrain from submitting a proposal. The proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer. All statements contained in the proposal are true. The proposer ,has not, directly or Indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relallve thereto, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof, to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a proposer that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the proposer.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 1112112021 (Signature)
7 at LODI (city),CA(state).
ATTACHMENT B
EXHIBIT A
DEPARTMENT OF INDUSTRIAL RELATIONS
LABOR COMPLIANCE
SELF-CERTIFICATION
We, the undersigned, self-certify that we will comply with all California Department of Industrial Relations (DIR) laws, rules and regulations that apply to Public Work al! defined in Labor Code Section 172O(a)(1 ), as well as Senate Bill 854 (2014), and all other related statutes.
In addition, we acknowledge that to be eligible to bid on City of Stockton Public Works projects, we and all subcontractors under us are registered, and will remain registered with the DIR until project completion; otherwise, we will be disqualified from consideration as a bidder for the subject project.
CONTRACTOR: ALL SEASONS POOL SERVICE
BY: MARK HICKEY
TITLE: Owner
DATE: NOVEMBER 21, 2021
8 ATTACHMENT B
EXHIBIT A
TITLE VI VIOLATION SELF-CERTIFICATION
We, the undersigned, self-certify that pursuant to Federal Code of Regulations (CFR), 23 CFR 200.9, 633 and 49 CFR 21.7, we do not have any unresolved violations under Title VI of the Civil Rights Act of 1964 and related statutes, including Americans with Disabilities Act (ADA). In addition, we acknowledge that an unresolved Title VI violation will disqualify us for consideration as a proposer for the subject project.
CONTRACTOR: ALL SEASONS POOL SERVICE
BY: MARK HICKEY
OWNER
DATE: NOVEMBER 21, 2021
TITLE
9 )
ATTACHMENT B
EXHIBIT A
LOCAL EMPLOYMENT ORDINANCE
This contract is subject to the requirements of the City of Stockton's local Employment Ordinance. By my signature below, I certify that I have read and understood the local Employment Ordinance of the City of Stockton, and agree to abide by its provisions. If selected to perform this contract, I specifically agree to report data on the actual number of Stockton residents employed, and understand that data will be subject to verification by an independent auditor.
Signature of Proposer · 111//� /lc:4(:/f<f/
Date Signed NOVEMBER 21, 2021
10 ATTACHMENT B
EXHIBIT A
LOCAL BUSINESS PREFERENCE ORDINANCE
The City of Stockton's Local Business Preference Ordinance applies to this project. By my signature below, I certify that I have read and understood the Local Business Preference Ordinance of the City of Stockton, and agree to abide by its provisions.
Signature of Proposer 7?t«/� lfc-/C/<(f
Date Signed NOVEMBER 21 2021
11 ATTACHMENT B
EXHIBIT A
Cost Item Month - Bid Item
Description 2022 2023 2024 2025 2026
2027
Optional Year
1 2028
Optional Year
2 1A January-Off
Season Service $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1B February-Off
Season Service $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1C March-Off Season
Service $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1D April-Start Up
Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1E
May-Start Up
Service and Daily
Service
$ 3,455.00 $ 3,559.00 $ 3,665.00 $ 3,775.00 $ 3,889.00 $ 4,005.00 $ 4,125.00 1F June-Daily
Service $ 4,290.00 $ 4,419.00 $ 4,551.00 $ 4,688.00 $ 4,828.00 $ 4,973.00 $ 5,122.00 1G July-Daily Service $ 4,290.00 $ 4,419.00 $ 4,551.00 $ 4,688.00 $ 4,828.00 $ 4,973.00 $ 5,122.00 1H August-Daily
Service $ 4,290.00 $ 4,419.00 $ 4,551.00 $ 4,688.00 $ 4,828.00 $ 4,973.00 $ 5,122.00 1I
September-Daily
Service and Shut
Down Service
$ 3,245.00 $ 3,342.00 $ 3,443.00 $ 3,546.00 $ 3,652.00 $ 3,762.00 $ 3,875.00 1J October-Off
Season Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1K November-Off
Season Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1L December-Off
Season Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00
TOTAL MONTHLY
MAINTENANCE FOR
BROOKING PARK POOL,
Items 1A through 1L
$ 27,190.00 $ 33,892.00 $ 34,908.00 $ 35,959.00 $ 37,033.00 $ 38,142.00 $ 39,291.00 Cost Item 5 Supplemental
Services
Contamination
Service; formed
fecal stool or
vomit
375.00$ 375.00$ 375.00$ 375.00$ 375.00$ 375.00$ 375.00$ Cost Item 6 Supplemental
Services
Contamination
Service; diarrheal-
stool
125.00$ 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ Cost Item 7 Supplemental
Services
Contamination
Service; Blood 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ Cost Item 8 Supplemental
Services
Emergency
Response 1,250.00$ 1,250.00$ 1,250.00$ 1,250.00$ 1,250.00$ 1,250.00$ 1,250.00$ Cost Item 9 Supplemental
Services
Non-emergency
Response and
Vandalism
Mitigation
1,562.50$ 1,562.50$ 1,562.50$ 1,562.50$ 1,562.50$ 1,562.50$ 1,562.50$ Cost Item 10 Supplemental
Services
Incidental Repairs
Allowance
$125.00 PR. HR
2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ TOTAL ANNUAL COST @
Brooking Park Pool
33,127.50$ 39,829.50$ 40,845.50$ 41,896.50$ 42,970.50$ 44,079.50$ 45,228.50$ Brooking Park Pool
ATTACHMENT B
EXHIBIT B
Cost Item Month - Bid Item
Description 2022 2023 2024 2025 2026
2027
Optional Year
1 2028
Optional Year
2 1A January-Off
Season Service $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1B February-Off
Season Service $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1C March-Off Season
Service $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1D April-Start Up
Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1E
May-Start Up
Service and Daily
Service
$ 4,390.00 $ 4,522.00 $ 4,657.00 $ 4,797.00 $ 4,941.00 $ 5,089.00 $ 5,242.00 1F June-Daily
Service $ 5,470.00 $ 5,634.00 $ 5,803.00 $ 5,977.00 $ 6,157.00 $ 6,341.00 $ 6,531.00 1G July-Daily Service $ 5,470.00 $ 5,634.00 $ 5,803.00 $ 5,977.00 $ 6,157.00 $ 6,341.00 $ 6,531.00 1H August-Daily
Service $ 5,470.00 $ 5,634.00 $ 5,803.00 $ 5,977.00 $ 6,157.00 $ 6,341.00 $ 6,531.00 1I
September-Daily
Service and Shut
Down Service
$ 4,190.00 $ 4,316.00 $ 4,445.00 $ 4,579.00 $ 4,716.00 $ 4,857.00 $ 5,003.00 1J October-Off
Season Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1K November-Off
Season Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1L December-Off
Season Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00
TOTAL MONTHLY
MAINTENANCE FOR OAK
PARK POOL, Items 1A
through 1L
$ 32,610.00 $ 39,474.00 $ 40,658.00 $ 41,881.00 $ 43,136.00 $ 44,425.00 $ 45,763.00 Cost Item 5 Supplemental
Services
Contamination
Service; formed
fecal stool or
vomit
375.00$ 375.00$ 375.00$ 375.00$ 375.00$ 375.00$ 375.00$ Cost Item 6 Supplemental
Services
Contamination
Service; diarrheal-
stool
125.00$ 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ Cost Item 7 Supplemental
Services
Contamination
Service; Blood 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ Cost Item 8 Supplemental
Services
Emergency
Response 1,250.00$ 1,250.00$ 1,250.00$ 1,250.00$ 1,250.00$ 1,250.00$ 1,250.00$ Cost Item 9 Supplemental
Services
Non-emergency
Response and
Vandalism
Mitigation
1,562.50$ 1,562.50$ 1,562.50$ 1,562.50$ 1,562.50$ 1,562.50$ 1,562.50$ Cost Item 10 Supplemental
Services
Incidental Repairs
Allowance
$125.00 PR. HR
2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ TOTAL ANNUAL COST @
Oak Park Pool
38,547.50$ 45,411.50$ 46,595.50$ 47,818.50$ 49,073.50$ 50,362.50$ 51,700.50$ Oak Park Pool
ATTACHMENT B
EXHIBIT B
Cost Item
Month - Bid
Item
Description
2022 2023 2024 2025 2026
2027
Optional Year
1 2028
Optional Year
2 1A
January-Off
Season
Service
$ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1B
February-Off
Season
Service
$ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1C
March-Off
Season
Service
$ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1D April-Start Up
Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1E
May-Start Up
Service and
Daily Service
$ 3,830.00 $ 3,945.00 $ 4,063.00 $ 4,185.00 $ 4,311.00 $ 4,440.00 $ 4,573.00 1F June-Daily
Service $ 4,190.00 $ 4,316.00 $ 4,445.00 $ 4,579.00 $ 4,716.00 $ 4,857.00 $ 5,003.00 1G July-Daily
Service $ 4,320.00 $ 4,450.00 $ 4,583.00 $ 4,721.00 $ 4,862.00 $ 5,008.00 $ 5,158.00 1H August-Daily
Service $ 4,320.00 $ 4,450.00 $ 4,583.00 $ 4,721.00 $ 4,862.00 $ 5,008.00 $ 5,158.00 1I
September-
Daily Service
and Shut Down
Service
$ 3,590.00 $ 3,698.00 $ 3,809.00 $ 3,923.00 $ 4,041.00 $ 4,162.00 $ 4,287.00 1J
October-Off
Season
Service
$ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1K
November-Off
Season
Service
$ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1L
December-Off
Season
Service
$ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00
TOTAL MONTHLY
MAINTENANCE FOR
SOUSA PARK POOL, Items
1A through 1L
$ 27,870.00 $ 34,593.00 $ 35,630.00 $ 36,703.00 $ 37,800.00 $ 38,931.00 $ 40,104.00 Cost Item 5 Supplemental
Services
Contamination
Service;
formed fecal
stool or vomit
375.00$ 375.00$ 375.00$ 375.00$ 375.00$ 375.00$ 375.00$ Cost Item 6 Supplemental
Services
Contamination
Service;
diarrheal-stool
125.00$ 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ Cost Item 7 Supplemental
Services
Contamination
Service; Blood 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ Cost Item 8 Supplemental
Services
Emergency
Response 1,250.00$ 1,250.00$ 1,250.00$ 1,250.00$ 1,250.00$ 1,250.00$ 1,250.00$ Cost Item 9 Supplemental
Services
Non-
emergency
Response and
Vandalism
Mitigation 1,562.50$ 1,562.50$ 1,562.50$ 1,562.50$ 1,562.50$ 1,562.50$ 1,562.50$ Cost Item 10 Supplemental
Services
Incidental
Repairs
Allowance
$125.00 PR.
HR 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ TOTAL ANNUAL COST @
Sousa Park Pool 33,807.50$ 40,530.50$ 41,567.50$ 42,640.50$ 43,737.50$ 44,868.50$ 46,041.50$ Sousa Park Pool
ATTACHMENT B
EXHIBIT B
Cost Item
Month - Bid
Item
Description
2022 2023 2024 2025 2026
2027
Optional Year
1 2028
Optional Year
2 1A
January-Off
Season
Service
$ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1B
February-Off
Season
Service
$ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1C
March-Off
Season
Service
$ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1D April-Start Up
Service $ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1E
May-Start Up
Service and
Daily Service
$ 3,830.00 $ 3,945.00 $ 4,063.00 $ 4,185.00 $ 4,311.00 $ 4,440.00 $ 4,573.00 1F June-Daily
Service $ 4,190.00 $ 4,316.00 $ 4,445.00 $ 4,579.00 $ 4,716.00 $ 4,857.00 $ 5,003.00 1G July-Daily
Service $ 4,320.00 $ 4,450.00 $ 4,583.00 $ 4,721.00 $ 4,862.00 $ 5,008.00 $ 5,158.00 1H August-Daily
Service $ 4,320.00 $ 4,450.00 $ 4,583.00 $ 4,721.00 $ 4,862.00 $ 5,008.00 $ 5,158.00 1I
September-
Daily Service
and Shut Down
Service
$ 3,590.00 $ 3,698.00 $ 3,809.00 $ 3,923.00 $ 4,041.00 $ 4,162.00 $ 4,287.00 1J
October-Off
Season
Service
$ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1K
November-Off
Season
Service
$ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00 1L
December-Off
Season
Service
$ 1,905.00 $ 1,962.00 $ 2,021.00 $ 2,082.00 $ 2,144.00 $ 2,208.00 $ 2,275.00
TOTAL MONTHLY
MAINTENANCE FOR
HOLIDAY PARK POOL,
Items 1A through 1L
$ 27,870.00 $ 34,593.00 $ 35,630.00 $ 36,703.00 $ 37,800.00 $ 38,931.00 $ 40,104.00 Cost Item 5 Supplemental
Services
Contamination
Service;
formed fecal
stool or vomit
375.00$ 375.00$ 375.00$ 375.00$ 375.00$ 375.00$ 375.00$ Cost Item 6 Supplemental
Services
Contamination
Service;
diarrheal-stool
125.00$ 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ Cost Item 7 Supplemental
Services
Contamination
Service; Blood 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ 125.00$ Cost Item 8 Supplemental
Services
Emergency
Response 1,250.00$ 1,250.00$ 1,250.00$ 1,250.00$ 1,250.00$ 1,250.00$ 1,250.00$ Cost Item 9 Supplemental
Services
Non-
emergency
Response and
Vandalism
Mitigation
1,562.50$ 1,562.50$ 1,562.50$ 1,562.50$ 1,562.50$ 1,562.50$ 1,562.50$ Cost Item 10 Supplemental
Services
Incidental
Repairs
Allowance
$125.00 PR.
HR
2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ TOTAL ANNUAL COST @
Holiday Park Pool
33,807.50$ 40,530.50$ 41,567.50$ 42,640.50$ 43,737.50$ 44,868.50$ 46,041.50$ Holiday Park Pool
TOTAL COST (FOR 4 YEAR, 9 MONTH INITIAL TERM CONTRACT)
"Total Bid" is
4-year, 9-month cost for Brooking Park Pool, Holiday Park Pool, Oak Park Pool, Souza Park Pool, and Supplemental Services.
NAME
SIGNATURE
MARK HICKEY
TOTAL COST (FOR 4 YEAR, 9 MONTH INITIAL TERM CONTRACT)
$830,683.00________
"Total Bid" is 4-year, 9-month cost for Brooking Park Pool, Oak Park Pool, Souza Park Pool, and Supplemental Services.
NAME _______________________________
SIGNATURE _______________________________
Mark Hickey
ATTACHMENT B
EXHIBIT B
NOTE: The City of Stockton is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s). Please see attached flyer regarding PINS Advantage.
Exhibit C:
Insurance Requirements for Most Contracts
(Not for Professional Services or Construction Contracts) Contractor shall procure and maintain fo
r the duration of the contract 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, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.
ATTACHMENT B
EXHIBIT C
Limits of Insurance
The limits of insurance required in this agreement may be satisfied by a comb ination 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 before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contai n, the following
provisions:
Additional Insured Status
The City of Stockton, i
ts officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contr
ibutory” and will not seek contribution from the City’s insurance or self- insurance and shall be at least as broad as CG 20 01 04 13. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insurance policy required above shall provi
de that coverage shall not be canceled,
except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to Cit
y of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any
ATTACHMENT B
EXHIBIT C
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Self-Insured Retentions
All Self-ins
ured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton.
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 the City of Stockton.
Verification of Coverage
Contractor shall furn
ish the City of Stockton 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 of Stockton Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Contractor shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.
Subcontractors
Contractors shall require and verify that all su
bcontractors, or other parties hired for
this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract. Contractor shall include the following language in their agreement with Subcontractors: Subcontractors hired by
ATTACHMENT B
EXHIBIT C
Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the contract documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the owner contract document indemnity and insurance provisions will be furnished to the subcontractor upon request. Contractor shall provide proof of such compliance and verification to the City upon request.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, includ ing limits, based
on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices s hall be:
City of Stockton
Attn: City Risk Services
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT B
EXHIBIT C
I.
II.
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No.1 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassmenl in lhe Workplace) revised from 10121/94, 511195, 1/1/98 PER�037 (Sexual Harassment lnvestigalive Procedures) revised from 2/15/93
PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.
POLICY
A The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.
All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.
C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.
D. All City employees and non-employees share a responsibility to assist in
ATTACHMENT B
EXHIBIT D
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment ,n the Workplace) revised from 10/21194, 511195, 111198 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.
E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up lo and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a resu It of such conduct.
F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.
G. The City of Stockton prohibits retaliation against any employee or non employee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.
H. This policy applies to all officials, employees, volunteers, unpaid interns, agents, or contractors of the City.
I. This policy shall be administered by the Director of Human Resources.
ATTACHMENT B
EXHIBIT D
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10121/94, 511195.111198 PER�037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:
1. Soliciting applications from a source where all or most of potential workers are of the same race or color.
2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and
3. Questioning a job applicant about the existence, nature and severity of a disability.
B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3)
ATTACHMENT B
EXHIBIT D
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment ,n lhe Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 {Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.
Harassment may take many forms, including, but not limited to, the following examples:
1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
2. .!:h�ical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified Lmder state and federal law.
3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made a term or condition of employment; or
2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
ATTACHMENT B
EXHIBIT D
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 {Sexual Harassment m the Workplace) revised from 10121/94, 511195, 111/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2115193
3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.
Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Mal<ing or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.
ATTACHMENT B
EXHIBIT D
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER"037 (Sexual Harassment Investigative Procedures} revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.
D. Affordable Care Act (ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:
1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;
2. Reports potential violations of protections afforded under Title I of the Act, which provides guaranteed availability protections among other things;
3. Testifies in a proceeding concerning such violation;
4. Assists or participates in a proceeding concerning a violation; or
5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.
An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.
IV. REPORTING AND COMPLAINT PROCEDURES
A Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any
ATTACHMENT B
EXHIBIT D
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see belowl
PER-015 (Sexual Harassment In the Workplace} revised from 10/21/94, 5/1/95, 1/1/98 PERM037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.
1, Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harass_lI)eaj
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and non employees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or
ATTACHMENT B
EXHIBIT D
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14
DISCRIMINATION AND Effective Date: HARASSMENT POLICY Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment ,n the Workplace) revised from 10121194, 511195, 111198 PER-037 (Sexual Harassment lnvesligallve Procedures) revised from 2115193 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.
If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge shall be taken.
2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or non employee to cease the conduct.
ATTACHMENT B
EXHIBIT D
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 111/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.
B. Confidentiality. The City will make every effort to protect the privacy and confidentiality of all parties involved, as well as any information and/or documentation obtained, to the extent possible consistent with a thorough investigation.
C. Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.
V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is
ATTACHMENT B
EXHIBIT D
Subject:
B.
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6109
3/1/2010
(see below)
PER-015 (Sexual Harassment ,n the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER�037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.
Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:
1. Identify and preserve the evidence.
2. Confirm the name and position of the complainant. Interview the complainant.
3. Allow the complainant the opportunity to place the complaint in writing.
4. Obtain the identity of the alleged harasser(s).
5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and witnesses (if applicable).
6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).
7. Ascertain if any threats or promises were made in connection with the alleged harassment.
8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).
9. Ascertain whether the complainant has spoken to anyone, especially
ATTACHMENT B
EXHIBIT D
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No.11 of 14
VI.
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
/see below)
PER-015 (Sexual Harassment In the Workplace) rev,sed from 10/21/94, 5/1/95, 1/1/98 PER�037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.
10. Ascertain what resolution would be acceptable to the complainant.
11. Interview the alleged harasser to get his or her side of the story, including any possible motivation for a false allegation.
12. Interview witnesses who were identified by the complainant regarding the alleged harasser or other persons identified during the investigation.
13. Interview witnesses who were identified by the alleged harasser or other persons identified during the investigation.
14. Advise all participants that the investigation is "confidential" and not to engage in any retaliatory conduct, as such conduct is subject to disciplinary action up to and including discharge. Confidentiality will be maintained to the ex.tent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.
15. Conduct follow-up interviews, if warranted.
16. Prepare report of findings and discuss with management and designated legal staff.
RESPONDING TO THE COMPLAINT
A Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall
ATTACHMENT B
EXHIBIT D
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 511195, 1/1/98 PER·037 (Sexual Harassment lnvesligalive Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.
B. If either the department head or the Director of Human Resources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.
C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consulting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.
D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged lo have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determination as to whether the complaint is:
1. Unsustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).
2. Unfounded: The investigation proved that the act(s) or omission(s)
ATTACHMENT B
EXHIBIT D
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment ,n the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER·037 (Sexual Harassment Investigative Procedures) revised from 2(15/93 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.
3. Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.
E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.
F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.
VII, DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.
VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these
ATTACHMENT B
EXHIBIT D
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR.15 Page No.14 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER�037 (Sexual Harassment Investigative Procedures) revised from 2115/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.
IX. COMMUNICATION OF POLICY
This policy shall be provided to all managers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.
APPROVED:
&��SON
CITY MANAGER
::OOMAIGRPWISE\COS.PER,PER_Llbrary:96180.1
ATTACHMENT B
EXHIBIT D