EXHIBIT 6 1514
6 (Rev. 10.30.18)
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 furnish 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 subcontractors, 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 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, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1515
7 (Rev. 10.30.18)
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Stockton
Attn: City Risk Services
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1516
1 (Rev. 10.30.18; Mod 10.28.20 SG)
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit 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. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1517
2 (Rev. 10.30.18; Mod 10.28.20 SG)
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9.1 In performing the obligations set forth in this Agreement, 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 direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1518
3 (Rev. 10.30.18; Mod 10.28.20 SG)
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
9.3 If in the performance of this Agreement 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, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood 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 assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement 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 working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood 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.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1519
4 (Rev. 10.30.18; Mod 10.28.20 SG)
11.2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement 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. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City of Stockton, its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of contractor or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Stockton’s sole negligence or willful acts. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification obligations of this section shall survive the termination of this agreement.
14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1520
5 (Rev. 10.30.18; Mod 10.28.20 SG)
17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest. Contractor covenants that other than this Agreement, 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 of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.
21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
22. Governing Law. California law shall govern any legal action pursuant to this Agreement 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.
23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1521
6 (Rev. 10.30.18; Mod 10.28.20 SG)
24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. 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 of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1522
7 (Rev. 10.30.18; Mod 10.28.20 SG)
29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1523
1 (Rev. 10.30.18)
EXHIBIT D
GOODS AND SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the purchase of goods and services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1524
2 (Rev. 10.30.18)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration, or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance, or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1525
3 (Rev. 10.30.18)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
7. Findings Confidential
All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
8. Right of Inspection
All Product furnished by Supplier must be as specified in the Order and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Supplier, the portion of any Product which may be defective or fail to comply with specifications in the Order without invalidating the remainder of the Order. If rejected, Product will be held for disposition at the expense and risk of Supplier. Payment for Product on this Order prior to inspection shall not constitute acceptance of the Product.
9. Warranty
Supplier warrants that (i) any Product created or performed by Supplier for City under this Order will conform to specifications, drawings or samples furnished by City to Supplier for a minimum period of one year, and (ii) any standard Product sold by Supplier to other customers besides City will meet or exceed any the standards for such types of product in industry, any express or implied warranty stated or advertised by Supplier or Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1526
4 (Rev. 10.30.18)
the actual manufacturer of such Product, or any warranties implied by law. Supplier’s warranty shall survive delivery of Product and shall not be deemed waived by City’s failure to discover defects, acceptance of the Product, or payment, therefore.
10. Ownership
Supplier shall have title to and bear the risk of any loss or damage to the Product until the Product is delivered and accepted by City in conformity with this Order. Upon delivery and acceptance, Product delivered by Supplier shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Product. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Supplier, or specifically paid for by City for use in performance of an Order, shall be and remain the property of City and said property shall be used only for Product benefiting City. Supplier shall return to City or shall dispose of this property only according to City’s instruction.
11. Applicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Supplier label applicable Product accordingly and provide associated Material Safety Data Sheets (“MSDS”) to City.
12. Prevailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California Department of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.
CONTRACTOR REGISTRATION REQUIREMENTS- Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1527
5 (Rev. 10.30.18)
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Department of Industrial Relations- Contractor Registration information and web link: https://www.dir.ca.gov/public-works/publicworks.html. In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.
This project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.
13. Shipping Terms
City shipment terms are F.O.B. Destination, Freight Prepaid and Added unless otherwise specified in the Order. Supplier shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Product in the safest and most economical manner necessary to meet the delivery date specified in the Order. Supplier shall provide an itemized packing list showing the Order number with the shipment. Supplier shall include the Order number on all packages, boxes, invoices, and shipping documents.
Supplier shall label all individual boxes with stock number and quantity and items with different stock numbers shall be boxed separately. City reserves the right to refuse, at Supplier’s expense, any shipments not containing the Order number or stock numbers as required under this section.
14. Deliveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Product is not provided or performed within the times specified in an Order, City may cancel this Order and hold Supplier liable for damages incurred due to the untimely delivery including, but not limited to, the additional costs resultant from City procuring substitute product elsewhere.
15. Price and Quantities
Prices and quantities set forth in this Order may not be altered by Supplier without the prior written authorization of City, with the exception that quantities of custom paper or printed products, chemicals, or fuel may deviate from those on the Order by the lesser of (i) standard industry practices, or (ii) 3%.
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1528
12 (Rev 10.30.18)
EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $216,000 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached. Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
1.3 Annual cost adjustments may be made, as necessary, to increase or decrease the unit cost. The annual increase shall not exceed three percent (3%) for each succeeding year. Any increase requested must be submitted at least sixty (60) days before requested implementation date. In the event that the supplier finds it necessary to increase the base price in any given year, the supplier shall provide evidence satisfactory to the City documenting the reason(s) for and actual cost of the cost increase.
Annual cost decreases are allowed with written notice to the City.
2. Item Price. Below is the price for the products as described in Exhibit A of this Agreement.
Item Description Item Price
1 Citric Acid $21.60/gallon
3. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:
City of Stockton Municipal Utilities Department
Attention: Program Manager III - Wastewater
2500 Navy Drive
Stockton, CA 95206
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1529
1 (Rev, 10.30.18)
EXHIBIT F
TIMELINE
1. Consultant shall complete the requested services identified in Exhibit A as follows:
1.1 TIMELINE FOR COMPLETION OF WORK
INTENTIONALLY LEFT BLANK
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1530
EXHIBIT G – DISCRIMINATION AND HARASSMENT POLICY (HR-15) Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1531
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1532
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1533
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1534
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1535
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1536
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1537
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1538
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1539
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1540
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1541
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1542
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1543
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1544
EXHIBIT H - BID DOCUMENTS
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1545
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1546
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1547
14200 SW Tualatin Sherwood Rd.
Sherwood, OR 97140
(888) 793-9476 Phone
(503) 625-1478 Fax
Citric Acid Solution 50%
Technical Data Sheet
Parameter Basis Typical Result
Assay (Weight %) 49.0 - 51.0
Arsenic (as As) ppm ≤ 1.0
Heavy Metals (as Pb) ppm ≤ 2.5
Lead ppm ≤ 1.0
Identification Meets FCC/USP Tests
Specific Gravity 1.24
Oxalate Passes Test - No turbidity
Sulfate Passes Test - No turbidity
Readily Carbonized Substances Passes Test
Ultraviolet Absorbance Meets the Requirements
Organic Volatile Impurities Meets the Requirements
Kosher - Parve
This product meets the specification of the Food Chemicals Codex, 9th Edition. Meeting the specification of the Food Chemical Codex does not guarantee that the product is suitable in a food-related application. Users of this product should carefully assess this product to determine if it is suitable for the intended application.
WARRANTY
This information is, to the best of our knowledge, accurate, but may not be complete. Northstar Chemical furnishes this information in good faith, but without warranty, representation or guarantee of its accuracy, completeness or reliability.
Citric Acid Solution 50%
4/2021
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1548
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Monrovia, CA 91016
Toll: 866-849-APAC
Tel: 626-203-0066
Fax: 626-203-0067
www.apacchemical.com
Certificate of Analysis
Product Citric Acid Anhydrous Granular Quantity 20 MT
Lot No. AA-21112077-G Manufacturing Date 11/23/2021
APAC Ref CAA-210601-377 Analysis Date 11/24/2021
Packing 1000 KG Expiry Date 11/22/2024
Items Standards Results
Identification Pass Test Pass Test
Clarity & Color of Solution Pass Test Pass Test
Barium Pass Test Pass Test
Assay 99.5% ~ 100.5% 99.82%
Moisture ::5 0.3% 0.12%
Calcium ::5 100 mg/kg <10
Iron ::5 5 mg/kg < 1
Arsenic ::5 1 mg/kg < 1
Oxalate ::5 100 mg/kg <25
Heavy Metals ::5 5 mg/kg <3
Readily CarbonizableSubstances Pass Test Pass Test
Sulphate ::5 150 mg/kg <10
Residue of Ignition (Sulfated Ash) ::5 0.05% 0.01
Chloride ::5 50 mg/kg < 1
Bacterial Endotoxins ::5 0.5 I.U./MG <0.5
Nickel ::5 1 mg/kg < 1
Cobalt ::5 1 mg/kg < 1
Mercury ::5 1 mg/kg <1
Lead ::5 0.5 mg/kg <0.5
Chromium ::5 1 mg/kg < 1
Aluminium ::5 0.2 mg/kg <0.2
Mesh Size 12-40 12-40
FINAL RESULT: THIS BATCH CONFORMSTO THE STANDARDS OF FCC & USP Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1549
150 N. Santa Anita Ave., Suite 850
Arcadia, CA 91006
Toll: 866-849-APAC
Tel: 626-203-0066
Fax: 626-203-0067
www.apacchemical.com
PRODUCT SPECIFICATION
Citric Acid Anhydrous
(USP36/FCC8)
Characters White Crystalline granules
Assay% 99.5%-100.5%
Clarity of Solution Pass Test
Moisture % <0.5
Heavy Metals (ppm) 110
Oxalate Pass Test
Calcium Pass Test
Sulphate ASH% 10.05
Readily Carbonisable Substances Pass Test
Aluminum (ppm) 10.2
Arsenic (ppm) 11
Lead (ppm) 10.5
Bacterial Endotoxins Pass Test
Organic Volatile Impurity Pass Test
Sterility % Pass Test
Residue On Ignition % 10.1
Chloride (ppm) 150
Iron (ppm) 150
Tridodecylamine (ppm) 10.1
Rev. Jan 2016
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1550
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EXHIBIT 6 1556
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EXHIBIT 6 1557
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EXHIBIT 6 1558
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EXHIBIT 6 1559
1050 Citric Acid Solution, 50% PAGE 1 OF 7
Revision Date: 04/03/2017
SAFETY DATA SHEET
Prepared to U.S. OSHA, CMA, ANSI and Canadian WHMIS Standards
Northstar Chemical, Inc.
Citric Acid Solution (1 - 55%)
SDS No: 1050 Revision Date: 04/03/2017
1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION
TRADE NAME (AS LABELED): CITRIC ACID SOLUTION (1 - 55%) CHEMICAL NAME/CLASS: Citric acid solution
PRODUCT USE:
SUPPLIER/MANUFACTURER'S NAME: Northstar Chemical, Inc.
ADDRESS: Corporate Office
14200 S.W. Tualatin-Sherwood Rd.
Sherwood, OR 97140
BUSINESS PHONE: 888-793-9476
EMERGENCY PHONE: CHEMTREC: 800-424-9300
DATE OF PREPARATION: January 13, 2015
Si usted no entiende las Hojas de Informacion de Seguridad sobre Materials, busque a alguien para que se la explique a usted en detalle.
(If you do not understand the Safety Data Sheet, find someone to explain it to you in detail.)
2. HAZARD IDENTIFICATION
Health hazards
Serious eye damage/irritation Category 2A
LABEL ELEMENTS:
Signal Word: WARNING
skin and eye irritant
Hazard Statement: Causes serious eye irritation
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1560
1050 Citric Acid Solution, 50% PAGE 2 OF 7
Revision Date: 04/03/2017
Precautionary Statement:
Prevention: Wash hands thoroughly after handling. Wear eye protection/face protection.
Response: IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do so. Continue rinsing. If eye irritation persists: Seek medical attention.
Storage: Store in a well ventilated place. Keep container tightly closed.
3. COMPOSITION / INFORMATION ON INGREDIENTS
Components CAS Number Concentration
Water 7732-18-5 45-99 %
Citric Acid, anhydrous 77-92-9 1-55 %
4. FIRST-AID MEASURES
Ingestion: Immediately drink water to dilute. Consult a physician if symptoms develop. Never give anything by mouth to an unconscious person.
Inhalation: Remove individual to fresh air. Seek medical attention.
Skin Contact: Flush skin with water, rinse thoroughly.
Eyes: Immediately flush eyes with plenty of water for at least 15 minutes while holding eyelids apart.
Call a physician immediately.
5. FIRE-FIGHTING MEASURES
FLASH POINT, °C (method): Not flammable.
Suitable extinguishing media: Not applicable. Choose extinguishing media suitable for surrounding materials.
Specific hazards arising Will produce oxides of carbon if evaporated and burned. from the chemical:
Special protective equipment and In case of fire, use fire fighting equipment appropriate to the cause of the fire.
Precautions for fire-fighters:
6. ACCIDENTAL RELEASE MEASURES
Personal precautions, protective Wear protective equipment. Keep unprotected persons away.
Equipment and emergency procedures: Ensure adequate ventilation.
Environmental precautions: Stop source of spill as soon as possible and notify appropriate personnel.
Utilize emergency response personal protective equipment prior to the start of any response. Evacuate all non-essential personnel.
Methods and materials for Absorb spilled liquid with vermiculite, polypads or other suitable absorbent containment and cleaning up: materials, then place in a suitable chemical waste container. Contain all contaminated water for disposal and/or treatment.
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1561
1050 Citric Acid Solution, 50% PAGE 3 OF 7
Revision Date: 04/03/2017
7. HANDLING and STORAGE
Precautions for safe handling: Wear appropriate personal protective equipment. Avoid contact with skin, eyes or clothing.
Upon contact with skin or eyes, wash with water. Avoid breathing mist. Wash hands after handling this product. Do not eat or drink while handling this material.
Conditions for safe storage:
For Non-Bulk Containers: Open containers slowly, on a stable surface. Containers of this product must be properly labeled.
Store containers in a cool, dry location, away from direct sunlight, sources of intense heat, or where freezing is possible. Material should be stored in secondary containers, or in a diked area, as appropriate. Store containers away from incompatible chemicals.
Keep container tightly closed when not in use. Wash thoroughly after using this material. Storage areas should be made of fireresistant materials. If appropriate, post warning signs in storage and use areas. Inspect all incoming containers before storage, to ensure containers are properly labeled and not damaged. Empty containers may contain residual liquid, therefore, empty containers should be handled with care.
Bulk Containers: All tanks and pipelines which contain this material must be labeled. Perform routine maintenance on tanks or pipelines which contain this product. Report all leaks immediately to the proper personnel.
8. EXPOSURE CONTROLS - PERSONAL PROTECTION
Engineering Controls: Good general ventilation should be used.
Individual protection measures, such as personal protective equipment Eye/Face Protection: Use chemical goggles.
Skin Protection: Wear protective gloves.
Respiratory Protection: Respiratory protection is not normally needed since volatility and toxicity are low. If vapors or mists are generated, wear a NIOSH approved respirator.
Hygiene measures: A safety shower and eyewash station should be provided. Keep the product away from food, beverages and feed. Wash hands after handling the material and before eating, drinking and/or smoking. Avoid contact with eyes and skin. Routinely wash work clothing to remove contaminants.
9. PHYSICAL and CHEMICAL PROPERTIES
Appearance and Color: liquid, colorless
Odor: odorless
Odor threshold: not applicable
pH: 0.8
Melting/freezing point: -5°C (23°F).
Boiling point: 103°C (219°F).
Flash point: not flammable
Evaporation rate (n-BuAc=1): 0.33
Vapor pressure: 16 mmHG
Vapor density (air = 1): 0.62
Relative density (specific gravity): 1.24 (at 20°C)
Solubility in water: completely soluble
Partition coefficient (n-octanol/water): not available
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1562
1050 Citric Acid Solution, 50% PAGE 4 OF 7
Revision Date: 04/03/2017
10. STABILITY and REACTIVITY
Reactivity: This product is non-reactive under recommended storage conditions.
Chemical stability: Stable under normal conditions
Possibility of hazardous reactions: Hazardous polymerization does not occur.
Conditions to avoid: Contact with incompatible materials Incompatible materials: Strong oxidizing agents.
Hazardous decomposition products: Oxides of carbon if burned.
11. TOXICOLOGICAL INFORMATION
Information on likely routes of exposure
Ingestion May cause irritation of the gastrointestinal tract.
Inhalation: May cause irritation to the mucous membranes and upper respiratory tract.
Skin Contact: May cause irritation.
Eye Contact: Causes serious eye irritation.
Information on toxicological effects
Carcinogenicity: This product is not known or reported to be carcinogenic by any reference source including IARC, OSHA, NTP or EPA.
Sensitization: This product is not a skin sensitizer.
Reproductive Toxicity: This product is not reported to cause reproductive effects in humans.
Mutagenicity: This product is not reported to produce mutagenic effects in humans.
Embryotoxicity: This product is not reported to produce embryotoxic effects in humans.
Teratogenicity: This product is not reported to cause teratogenic effects in humans.
Toxicity Data: LD50 (oral, rat) = 6,730 mg/kg LC50 (inhalation) = No data
12. ECOLOGICAL INFORMATION
Ecotoxicity
Acute hazards to the aquatic environment: No data available Chronic hazards to the aquatic environment: No data available Bioaccumulative potential: No data available.
Other information: Do not allow material to be released to the environment without proper governmental permits.
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1563
1050 Citric Acid Solution, 50% PAGE 5 OF 7
Revision Date: 04/03/2017
13. DISPOSAL CONSIDERATIONS
Disposal Instructions: Waste disposal must be in accordance with appropriate Federal, State, and local regulations.
This product, if unaltered by use, may be disposed of by treatment at a permitted facility or as advised by your local hazardous waste regulatory authority.
Contaminated packaging: The user of this material has the responsibility to dispose of unused material, residues and containers in compliance with all local, state and federal laws.
Potential US EPA Waste Codes: Not applicable
14. TRANSPORTATION INFORMATION
This material is not hazardous as defined by 49 CFR 172.101 by the U.S. Department of Transportation.
Proper shipping name, hazard class, UN number, packing group and emergency guide number: Not Regulated.
Labels required per 49 CFR 172.101: None
Reportable quantity per 49 CFR 172.101: None
15. REGULATORY INFORMATION
This product is not considered a Hazardous Chemical by the OSHA Hazard Communication Standard, 29 CFR 1910.1200 TSCA Section 12(b) Export Notification (40 CFR 707, Subpt. D): Not regulated US. OSHA Specifically Regulated Substances (29 CFR 1910.1001-1050): Not listed CERCLA Hazardardous Substance List (40 CFR 302.4): Not listed Superfund Ammendment and Reauthorization Act of 1986 (SARA), Hazard Category: Acute SARA 302 Extremely hazardous substance: Not regulated
SARA 304 Emergency release notification: Not regulated
SARA 311/312 Hazardous chemical: Citric Acid threshold planning quantity = 500 lbs SARA 313 (TRI reporting): Not regulated
Other Federal Regulations: Not applicable.
Clean Air Act (CAA) Section 112 Hazardous Air Pollutants (HAPs) List: Not regulated Clean Air Act (CAA) Section 112(r) Accidental Release Prevention (40 CFR 68.130): Not regulated Safe Drinking Water Act (SDWA): Not regulated
State Regulatory Information: Components of this product are covered under specific State regulations, as denoted below:
Massachusetts – Right To Know Substance List - Not Listed.
New Jersey - Right to Know Hazardous Substance List – Not Listed.
Pennsylvania – Community Right to Know – Not Listed.
Rhode Island – Right To Know Hazardous Substance List – Note Listed.
California Proposition 65 – Carcinogens & Reproductive Toxicity list of substances - Not Listed.
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1564
1050 Citric Acid Solution, 50% PAGE 6 OF 7
Revision Date: 04/03/2017
Label Information:
skin and eye irritant
NFPA 704 Rating:
Health
0 (Minimal)
1 (Slight)
2 (Moderate)
3 (Serious)
4 (Severe)
Flammability
Reactivity
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1565
1050 Citric Acid Solution, 50% PAGE 7 OF 7
Revision Date: 04/03/2017
16. OTHER INFORMATION
DEFINITIONS OF TERMS
A large number of abbreviations and acronyms appear on a Safety Data Sheet. Some of these which are commonly used include the following:
CAS #: This is the Chemical Abstract Service Number which uniquely identifies each constituent. It is used for computer-related searching.
EXPOSURE LIMITS IN AIR:
ACGIH - American Conference of Governmental Industrial Hygienists, a professional association which establishes exposure limits.
TLV - Threshold Limit Value - an airborne concentration of a substance which represents conditions under which it is generally believed that nearly all workers may be repeatedly exposed without adverse effect. The duration must be considered, including the 8-hour Time Weighted Average (TWA), the 15-minute Short Term Exposure Limit, and the instantaneous Ceiling Level. Skin adsorption effects must also be considered.
OSHA - U.S. Occupational Safety and Health Administration.
PEL - Permissible Exposure Limit - This exposure value means exactly the same as a TLV, except that it is enforceable by OSHA. The OSHA Permissible Exposure Limits are based in the 1989 PELs and the June, 1993 Air Contaminants Rule (Federal Register: 58: 35338-35351 and 58: 40191).
Both the current PELs and the vacated PELs are indicated. The phrase, “Vacated 1989 PEL,” is placed next to the PEL which was vacated by Court Order.
IDLH - Immediately Dangerous to Life and Health - This level represents a concentration from which one can escape within 30-minutes without suffering escape-preventing or permanent injury. The DFG - MAK is the Republic of Germany’s Maximum Exposure Level, similar to the U.S. PEL. NIOSH is the National Institute of Occupational Safety and Health, which is the research arm of the U.S. Occupational Safety and Health Administration (OSHA).
NIOSH issues exposure guidelines called Recommended Exposure Levels (RELs). When no exposure guidelines are established, an entry of NE is made for reference.
HAZARD RATINGS:
HAZARDOUS MATERIALS IDENTIFICATION SYSTEM: Health Hazard: 0 (minimal acute or chronic exposure hazard); 1 (slight acute or chronic exposure hazard); 2 (moderate acute or significant chronic exposure hazard); 3 (severe acute exposure hazard; onetime over-exposure can result in permanent injury and may be fatal); 4 (extreme acute exposure hazard; onetime over-exposure can be fatal). Flammability Hazard: 0 (minimal hazard); 1 (materials that require substantial pre-heating before burning); 2 (combustible liquid or solids; liquids with a flash point of 38-93C [100-200F]); 3 (Class IB and IC flammable liquids with flash points below 38C [100F]); 4 (Class IA flammable liquids with flash points below 23C [73F] and boiling points below 38C [100F]). Reactivity Hazard: 0 (normally stable); 1 (material that can become unstable at elevated temperatures or which can react slightly with water); 2 (materials that are unstable but do not detonate or which can react violently with water); 3 (materials that can detonate when initiated or which can react explosively with water); 4 (materials that can detonate at normal temperatures or pressures).
NATIONAL FIRE PROTECTION ASSOCIATION: Health Hazard: 0 (material that on exposure under fire conditions would offer no hazard beyond that of ordinary combustible materials); 1 (materials that on exposure under fire conditions could cause irritation or minor residual injury); 2 (materials that on intense or continued exposure under fire conditions could cause temporary incapacitation or possible residual injury); 3 (materials that can on short exposure could cause serious temporary or residual injury); 4 (materials that under very short exposure could cause death or major residual injury).
Flammability Hazard and Reactivity Hazard: Refer to definitions for “Hazardous Materials Identification System”.
FLAMMABILITY LIMITS IN AIR:
Much of the information related to fire and explosion is derived from the National Fire Protection Association (NFPA). Flash Point - Minimum temperature at which a liquid gives off sufficient vapors to form an ignitable mixture with air. Autoigntion Temperature: The minimum temperature required to initiate combustion in air with no other source of ignition. LEL - the lowest percent of vapor in air, by volume, that will explode or ignite in the presence of an ignition source. UEL - the highest percent of vapor in air, by volume, that will explode or ignite in the presence of an ignition source.
TOXICOLOGICAL INFORMATION:
Possible health hazards as derived from human data, animal studies, or from the results of studies with similar compounds are presented. Definitions of some terms used in this section are: LD50 - Lethal Dose (solids & liquids) which kills 50% of the exposed animals; LC50 - Lethal Concentration (gases) which kills 50% of the exposed animals; ppm concentration expressed in parts of material per million parts of air or water; mg/m3 concentration expressed in weight of substance per volume of air; mg/kg quantity of material, by weight, administered to a test subject, based on their body weight in kg. Data from several sources are used to evaluate the cancer-causing potential of the material. The sources are: IARC - the International Agency for Research on Cancer; NTP - the National Toxicology Program, RTECS - the Registry of Toxic Effects of Chemical Substances, OSHA and CAL/OSHA.
IARC and NTP rate chemicals on a scale of decreasing potential to cause human cancer with rankings from 1 to 4. Subrankings (2A, 2B, etc.) are also used. Other measures of toxicity include TDLo, the lowest dose to cause a symptom and TCLo the lowest concentration to cause a symptom; TDo, LDLo, and LDo, or TC, TCo, LCLo, and LCo, the lowest dose (or concentration) to cause death. BEI - Biological Exposure Indices, represent the levels of determinants which are most likely to be observed in specimens collected from a healthy worker who has been exposed to chemicals to the same extent as a worker with inhalation exposure to the TLV.
REGULATORY INFORMATION:
This section explains the impact of various laws and regulations on the material. EPA is the U.S. Environmental Protection Agency. WHMIS is the Canadian Workplace Hazardous Materials Information System. DOT and TC are the U.S. Department of Transportation and the Transport Canada, respectively. Other acronyms used are: Superfund Amendments and Reauthorization Act (SARA); the Toxic Substance Control Act (TSCA); Marine Pollutant status according to the DOT; California's Safe Drinking Water Act (Proposition 65); the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund); and various state regulations. This section also includes information on the precautionary warnings which appear on the materials package label.
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1566
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1567
PO Box 24055, MS 702 • Oakland, CA 94623 • www.bacwa.org Central Contra Costa Sanitary District • East Bay Dischargers Authority • City of San Jose • East Bay Municipal Utility District • City & County of San Francisco March 15, 2022
Pacific Star Chemical as a dba of Northstar Chemical
Attn: Matt Werger
14200 SW Tualatin-Sherwood Road
Sherwood, OR 97140
RE: Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 05-2022 for Supply and Delivery of CITRIC ACID.
Dear Mr. Werger,
We are pleased to advise you that the bid submitted by Pacific Star Chemical as a dba of Northstar Chemical for Bid No. 05-2022 was determined to be the lowest responsive bid for the supply and delivery of CITRIC ACID during the period July 1, 2022 through June 30, 2023.
The participating BACC Agencies should be contacting you shortly to discuss entering into contracts with Pacific Star Chemical as a dba of Northstar Chemical for their respective facilities.
Bay Area Chemical Consortium sincerely appreciates your efforts and participation in the competitive bid process.
If you have any questions, please free to contact me at [email protected] Sincerely,
Jennifer Dyment
Assistant Executive Director
BACWA.org
as Coordinating Agency for the Bay Area Chemical Consortium Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1568
Bay Area Clean Water Agencies
Bid Results for Project 05-2022 CITRIC ACID
Issued on 01/27/2022
Bid Due on February 24, 2022 4:00 PM (PDT)
Exported on 02/24/2022
SINGLE BID AWARD
Section CITRIC ACID dry material
Description Central Valley North Bay Sacramento Tri Valley Unit of Measure gal gal gal lb
Univar Solutions USA Inc. $12.00 no bid $12.00 no bid
Pacific Star Chemical as a dba of Northstar Chemical $21.60 $22.10 $21.30 $4.75 CITRIC ACID 48%-52% Liquid
Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder meeting the specifications for bulk loads for the chemical. The lowest responsive bidder will be determined by multiplying the estimated annual quantity for each participating BACC agency by the bid price for their region, and adding up the aggregate cost to all of the participating agencies in the regions. The single bid that results in the lowest overall cost to the participating agencies as a group will be determined by BACC to be the low bid, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements. BACC has the right to delete terms or options from the bid contract documents and reserves the right to reject any and all bids and to waive irregularities of said bids.
Contract with Northstar Chemical for Citric Acid
EXHIBIT 6 1569
City of Stockton
Legislation Text
File #: 22-0399, Version: 1
AUTHORIZE CONTRACT AMENDMENT NO. 1 WITH BAYLOR SERVICES INC. FOR CLEANUP
OF MCLEOD LAKE AT WEBER POINT AND DECARLI PLAZA
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Authorize contract Amendment No. 1 with Baylor Services Inc., Stockton in the amount of $65,000, and modify the Contract Scope in Paragraph 2 of Exhibit A, Section 2.1 to include up to four (4) cleanup sessions per month (Exhibit 1 to the Resolution).
2. Appropriate $50,000 from the General Fund and a total of $15,000 from the Municipal Utilities Department Collections and Stormwater Funds with total contract services not to exceed $137,500.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Summary
Contract services to provide biannual cleanup of water hyacinth, trash, and debris from McLeod Lake at Weber Point and the water feature at DeCarli Plaza was approved by the City Manager and entered into with Baylor Services Inc. (Baylor) on May 28, 2020 (Contract Agreement 2020-05-28- 5002-NP). The City awarded Baylor a 5-year contract for two (2) cleanups per year and total budget of $72,500. The contract commenced on July 1, 2020 and will expire on July 1, 2025. The cost for cleanups has ranged between $3,625 to $10,875, which has limited cleanup frequency under the current contract and reduced the trash removal effectiveness. Staff recommends contract Amendment No. 1 to modify the project scope to include up to four (4) cleanup sessions per month and an increase in compensation of $65,000 for total contract services not to exceed $137,500.
Upon approval of Amendment No. 1, the Council authorized total contract will not exceed $137,500.
DISCUSSION
Background
Over the past years, the McLeod Lake waterway has diminished in popularity, particularly during the summer months, due to invasive water hyacinth, trash, debris and harmful algae blooms. As a result, the City contracted for services to help clean up McLeod Lake.
City of Stockton Page 1 of 2 Printed on 5/18/2022
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1570
File #: 22-0399, Version: 1
Most recently, the Municipal Utilities Department (MUD) was tasked in 2020 to contract with a local company to clean up McLeod Lake and DeCarli Plaza. The contract was granted to Baylor Services Inc. (Baylor) of Stockton on May 28, 2020 for two (2) cleanups per year at a daily rate of $3,625 that was all inclusive (staff, equipment, materials) totaling $72,500 and contract expiration date of July 1, 2025 (Attachment A). The contract for cleaning followed a yearly schedule with the first round of cleanups during the last week of June and the second round of cleanups on the first weekend of December.
Present Situation
It was found that two cleanups per year were insufficient due to the volume of water hyacinth and trash accumulation at McLeod Lake. The City Manager has requested an increase in the number of cleanups from twice per year to weekly. The cost for cleanups has ranged between $3,625 to $10,875, which has limited cleanup frequencies under the current contract.
To increase trash removal effectiveness at McLeod Lake, staff recommends contract Amendment No.1 to modify the Project Scope in Paragraph 2 of Exhibit A, Section 2.1 to up to four (4) cleanup sessions per month and increase the compensation amount by $65,000. In addition, daily cleanups will be planned for McLeod Lake prior to, during and following the Stockton Flavor Fest activities (May 13-16, 2022).
In addition, MUD staff has researched and met with potential vendors that manufacture equipment to remove trash and other debris from local waterways as part of an evaluation of a long-term maintenance program for McLeod Lake.
FINANCIAL SUMMARY
The original Baylor Services Inc. contract was for $72,500. The addition of General Fund ($50,000) and MUD Collections and Stormwater Funds ($15,000) will be allocated under Amendment No. 1 to increase the biannual cleanups to weekly cleanups through August 2022 with a not to exceed contract total of $137,500.
Attachment A - Contract Agreement No. 2020-05-28-S002
City of Stockton Page 2 of 2 Printed on 5/18/2022
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1571
. I
CITY OF STOCKTON
STANDARD_ AGREEMENT Agreement lilumber:
flM.;Q, 0 ,r,,1,g;so.
1. This Agreement Is eniered I.nto between the Qljy of Stockton iCUy') and BayJqr $8/Y,� ("Contritbtor") to provide Bkin�u�\ cleanup !l'lrvi¢es as sat forth In Exhibit A to this Agreement.
2. Tt:ie li1rm of \l:lls Agreement is as follom, u.riless amended as descrjbed .In Exhl�tt A and Exhiblt-C section a: . . Commences on: :Tvly \.i 14i-O Ter�tnates on: 07/01/2025
3. ttie ma�lmum not to fc)i(Qe;ra:atTio.iJnt to be paid to Contractor for the term.of this Agrtiehient, inc;ludlnQ If ;iµU\orizeq, refmbursetnent of expeniies; rs; ·$ )12,500 .. · · · . . · .• · · J
4, The com�lete Agreshierircon�li;\t.s pf1;1I! g,ie t:oJloytin� s¾lreement doelimerits Wlilcti by refer,mce are ln�l'J)9f'!IJ�ct !111� llla�ii ;i pattfJf this /\gra!ltnE!ht. The J>artles agree to cpmply•wJth tM term$ ah4 i»Mll.lons !'.!f Dil.s Agreement.
(a) Ei(hlblt A i's Stafell'leOt pf Wqr_k
1 1)) �hl�lt B-'IJJ!iWanAA
q) ·�1�1J c - Gei,rtet.ltTetrt,!; and Ciihditldhs
d) .J=iibJbJt, P -N�l_.�pllcilble.
(8) Exhibit E-Compensallon S9hiidvle
--�.-�-�•�-, , �- -�� ��.,.--
tffwfr,N1;$$),Wi:�OF, Pl�a!it�b'.Hiell i;i�rtl!i� hii\ie el(ec;u:le<O)lls Agi:l!ilmeni, ' · · · · · · - · ···· ·· · · ·· · · eoNtRActc;n� · · · 1¥�Ji��;ffte�(itoi;iwthan ar\ lhdlvidual, iitale Wh�ther a to!ll9i<!Uoo, partn�r!!hl�, e.to.):
.. . . of Person Sli!nliig
p.p, Bo�499 lol%eford, Oall!omfa9523.7
CITY OF STOCKTON
�TTEST:
EIJzaR,.
APPROVED.AS TO FORfyf:
John M. Lueb.t;,erke, Cl(y Attorney
sx: Sie vtas+trA:pprl)Y4J tfi�ivrj 10·!.?laV:f
1 {RW, 2,11.201
ATTACHMENT A 1572
1. Project Oblectives
E.XHIBIT A
STATEMENT OF WORK
1.1 Bl•annual removal of hy<1r;:inth, QLJCJkweed, tr1;1sh, and deb�s from McLeod Lake at Weber Point, as well a� the water fec!t\Jre io OeQarli Plii:ZE!,
2. ProjeclScope
2, 1 Coiitr11ctot Will clear the Water ,surrounding Weber PQllit a�d the water fes\lYr� a
J
Qe({arlJ Plazsi qf all, dehiis and Vegetation oh a bl-annual basis i:idcbr'dll'\9 lb the fe>IIQWlng Y�ii.�Y .spheqUJ!;l: . • 1s\ r9und Qf clec1nlng: last week of June. Services Will bE:J (!bif\plete� n«:>J,;1ter
·than July 1•1,
··r···--:2rrdtoorrd�oti:ltnlniil9i. tast��trofN6veq)oeff1ll:'weeR Ql -~ Oecf;lmber. serv10$s Will be completed ho later than Deo$mper 9 th•
a. Maior Delillerables
3,1 C,on!r;:(i;lorwlll rl!!rnoye hyac;lnih, duckweed, trash, and debris from McLeod Lake at Weber Point, as wen ,i� ttie W<!t�rf eatwe that extends
into PaOarli 'Plaza Per the �chedule found In 2.1.
3,2 Contractor Is responsible for ptopet disposal of any contents removed fivhflhe waterway
4. Tasks That Support the Deliverables . . . •' . ' .
4.1 City will finalize dates for each bi-annual cleanup occurrence,
4.2 City wiil provide eceess through any locked gates
4.3 The City of Stockton will provide a park[ng pass and a boat launch pass as needed for designated bl-annual project dates.
5. Criteria of Acceptance for ·oeliverables
5.1 City designated project manager will Inspect and provide final approval al the conclusion of each bi-annual clean-up project
(Rev.1O.30.18)
ATTACHMENT A 1573
6, Notices
Pursuant to Exhlblt C -General Terms and Conditions, Paragraph 15- Noti�s, the malling address for �II required hotlces Is as follows.:
Coriti'actor: Baylor ,Serv;ces City: City of Stockton
p;Q .. Box 499 Attn: City Manager
(Rev.10.30.18)
Lo.ckefcird, CA. 95237. 425 N. gJ .Dorado Street
Stooktot1, CA 952Q2
ATTACHMENT A 1574
NOTE: The City of Stockton\$ now using the onllne Insurance program PINS Advantage, Onoe you have been awarded a contract you will receive an email from the City's onllne Insurance program requesting you to fotw�rd ti)� email to your lns"r.ance provlder(s), Please $ee attached flyer regarding PINS AdVililtage.
Exhibit 8:
Insurance Requlrements for Envlroh!Jl�htai Contrattort. llnd/or Consultants contractor shaii procure and main!:ain for the ·cturatkm of the: contract insurance against cf alms for lnJurtes to persons or o;:1m<1.9e to propElrty whldl rhqy arl.se from 9.r in connajlon wlth thei. performcJnce of the work h.ereuooer a.nd ·tne r�ul\:S qf that work by the Contractor, theJr <19!!.0ts, reP.re$e�t<l�\i�; eh'!ploYe�, or S1J\l¢�htf�et9ij, Wl�. re,spe<:t to G.e.riernl L;J�pl!J,ty, t:rr<)f$ � O[tii$sion�, Contractors Pollutkm Uablltty,. and/()r Asbeistq$.P6ll,\ttl!'lll Llablllty, coverage shduld be malntaihed for a mlnhnutn of.five (5) Yilars aftElr cohtradcomplE!ttoh.
MINIMUM StOi>� ANP L.I!l-10" OF �N�\!AANCE
L Commetdlal General .Liability (CGL): lhsurahce servlces Office Form CG Ob 01 coverin� cGL on an 11o<:currence116asrs, ln¢1LJding produq;,s and c;omplatec! operatlons1 -pr�Berty damage1 bodllytrvu,r,y and pel:S9flal, &. �dverti�ing lnl!J!)'._ with limlts nq l� than $ 2;000,.91)0 per. o�v.rr�nce. X.f i'l general,-�ggrw�JJmlt "ilPPII�, ettjj,er:t!Je genelcll aggr�� lirrtJt;.��tlll i:iP.PIY se,parately to this i:irojedjlocatfon (lso CG 2s. 03 or 25 04) qrth� g�eral �ggregate IJrtilt shall be twice the required occurrence llmlt. i. Automoblle UabllltvI In&urance Servlc� Office �orm Nwmber CA OOOl covering any auto (Oode i), Pr If 'Ccmti:aG1;9r has no ownecl <1utos, hir� (Gode B) <1ncl noo"Own,ed {Coge �) c1µtpP, with l)mlt no Jess than $1,ooo;ooo p
e
r aca�ent for bodily Injury ilhd
prr,:ipert,J dam�ge.
3, Workers' Compensation Insurance as required by the State of Californil;l, with statutory Limits, attd Employer's Uabl[ity lnsurance with llmit of no less than $1,0D0,000 per accident for bodily Injury or disease.
4. Envi:ronm�ntal Jmpairm¢nt/Pollution Lii;lbillty, to include non•ae.rial SPiclYlilg pf pest)dqes and h!irt,iddes; Grouhdwater contamination, etc. With limits no less than $2,�QO,OOO per occurrence, to indude Sudden and Accidental and Environmental cleanup.
ATTACHMENT A 1575
It shall tie a requirement 1,mder this agreement that any available Insurance proceeds broader than or In excE;lSs of the spec(fled mJnimum Insurance coverage requirements af1d/or Jlinits shaU be avalla,bl� to the Addltlot111l r _
nsured. Furthermore, the requirements
for coverage and limits shall be (1) the l)iin)nwm COV/'!rage and limfts specified In this Agreement; or (2) the broader coverage and rnaxim�m l.lt'nlts of coverage of any Iris.urance policy or proceeds avallable to the narn¢d Insured; whlchever Is greater. No representation Is made that the minimum insurance requir¢ments of t:h!s agreemElnt are sllf:ftcient to covElr the obligations of the contractor undet this agreement.
LI 1111 ... 0 ··"" · f J"sur "· " �,,,..,n""'
The limits of fnsurante reqltfred in this agt'Eillmeot rnaY be s_atisfl13d by a combination of ptlrnary and u,11JtireJla or ex<::es,s Insurance. Arly llrnbre.!lci Qr .�x�� in$.urance shall q'.iJjtalri or ll.e endor�e.d to conta1n a pry:;vlskm th_i:lt .such t;<Nerng� .shall a!$9 apply on a PtlhilllY a.nP ntm-,tontributo.!Y bc1&ls before the City's own lnsUrl)nte ¢r $elf-Insurance shaif i:!e qilJed Uil<>h to prQte� I� as. a namei:t insurad. other.1nsutanci1 ProvislotJs
�--------.:._-The:,ins!ltJ!ncl:)-P!'.>llr;ie.s-ar-e:-tatantalnter-be-ehdorsed-1;0 con ta lh;1;he-followin�· · prov1$fotts:
Additlotral Jnsutedstat1,1$
The Cify of $nx;kton, its officers, off'itials, emp!Qy�, ;ind YQlunteers are to be covered · ;<JS· !ilc!c!ltlonaJ Insured$ po the CGL policy with tEi$peq tQ IJat;iUJty 11rtsln!,] ow: Of wotk. or -o/l�riit!OIJ� performed PY or on behalf of the Contractor indt;(c!fng mat¢rla!s, parts, or eg�Jpm�ntfytl:\1$hed !n t9hn,ection With such work or opE:iratli:ins; G¢nerci! l!i!bJIJty covera�f! can be provided in the fCJtm Qf a.n enoo�ment to the contractor's iris(JTQtice {at least as broad as tso FOi'rtl CG 2_0 10 11. !!.5 or]f nr;>t a�tc!ble, through the·additlon of bbth GG 2610, CG 20 26, CG 20 '.33, or CG 20 3$; and CG 2.0 .31 If elater edition Is 1,1�00), A<lditlonill Insured Name of Or11an1zat1on �hall reaq "OW Qf �tQ:cl<ton, Its officers, offidals, �mp!t>yee$, 1:1nd v(>l1.mteers.'1 Policy shall cover City of Stotl<toh, its offlcer!l, offidals, e,nploY�, and voluntee� for i:lll locatlons work 1s done 1Jiider this contract.
Ptlmary Col/erage
ThEl Additional Insured coverage under the Contractor's Polley shall be �primary and non•cc:intrlllutory'' and will not seek contribution from the c;ity's lnsuran,ce or self· Insurance �nd shall be at least as broad as tG 20 01 04 13. The Qty of Stockton does hot actept eiidol1lE!ments limiting the Contractor's Insurance coverage to the sole negligence of the Named Insured.
ATTACHMENT A 1576
Claims Made Polle/es - (Note - app/Jcable only to professional alid/ or pol/utlon ll!!bl!itY)
If any coverage required rs wrltl;eh oh a dalms-made c<lverage form:
1. The retroactive date must be .sh·own, and this date must be before the execution date of the contract or the beginrilng of contract work,
2. lnsurance must be maintained and evJd1:1ncf:'! of Insurance must _be provide<:! for at least flVe (5) years af'!:er compl,etlcm of contract work, 3, Jf q:iyer11g¢;Js qincatec! or ntin-reli$Wed, anti n9t replaced wlth another c:laims•maoe policy form with a retroactlve date. prior to fhe. conttad efl'ectlve, or shirt of work date, the-contractor must purchase -eitel:lded reporting period coverage for a mfrilmum ot five (s) years alter cpmpleti' 011 of tolitracl:'work.
4, A copy of the. c;faJms rewrt;J,:ig r��urremeo� ml,ist be stJomltted to th� CltY Of StP<;k\:on for revl!=!.W,
--- -,_�--- --· "1t-If-th�:ser-vlces r,,wotve-:le
_
ad-pased-palnt-Qr.,asbe.stos Jderftifu::atlo�/remedtatlon,tne --------- � --. -- conb'actors Pollution Llabll!ty pollcy shall not contain le11d-ba,s¢<1 paint or asbestos exduslot1s, If the :servk� Jnvo!ve mdld ldeotffiqatjon/rem�l��on; th.$ Gontlil¢tors Pol)LJtion Llc1bilil,y pol!cy $ha!! no� toh:tald \;I rnol\'.I exaUslon, and the defihltiOh of Pollut:Jon �hall ii;i(:lud$ mrcrtibial matter, including mold, Notice olcancellatlon
Eac'h insuranc_e PQffc;y reql.lirecJ ijboye &h.!!11 provide that coverage shall no� pe i;ancelecJ, exc!!pt wlfu notice to the C1tY cifStcx:kton.
Waiver of subro!}ation
Conl;ra_ctor her�by grcrnts to Qt,y of Sto¢kton a walv/;lr qf any i'\!)ht to su,brQQatlon which any insurer of saio. ·c;.oo\Hle!:Or iTJ,;;iy �¢gl,ilre cj�alnsttfle qty Of S�ktoh by virtue of toe payment Qf any loss iih4er $Uch tns�rante. contractor agrees to obtain any en�Ol'$ei11Elht,th�t ri'l;!iY be rtecessary to affect this waiver 9f subrogal:loh,. but this provisloh applies regardless ·of whether or notthe City of Stockton has received a waiver of subrogatioh endorsement from the insurer. The Workers' Compensation policy shall be endorsed with a waiver of subrogation In favor of the City of Stockton for !Ill work performed by the Contractor, its employees, agents and subcontractors.
. I
;
ATTACHMENT A 1577
Self-Insured Retentions
Selr--lnsured retentipns must; be declared to and apprqved by the City of Stockton Risk Services. At tne ,option of th.e Qty of Stockton, the Contractor shall provide coven)ge to reduce or elimh1at¢ $\JGh �IHnsured retentions as respE:CJ:s ij,e City of Stockton, its ol'fk:ers, offlcia1s, eajployees, and volunt�rs; or the Cohtract:or .shall. provide evidence satisf&ctory hi 'the City of Strn;lst.on guaranteeing payment of las$� a11d related investlgc;1tlons, tlarm admlnl$1t;ltiQtJ, 110d defense expenses. The pq!lcy l�ogua_ge shall ptqvid�, or be endotsed fo provide, ttwt ttie self-lnsurE)d retention may be $atJsfied by either the ni:!mey:11.nsured or dty of Stockton.
AccePtl!l:,i/ity of /r,,$11rer$
rnsurante ls to be pla�ed With IMUrets with a curtent.A.M. B$51:'s njt(ng of no fess thah AiVIl1 unless otherwi.se attept�b1 et◊ the qty o
f
$tockton.
lietfficatfon PfC.Qv�r1I.'Qe
corjtractor shall f!lrhJ$h the OJty of S.tockton with ongin�J .�gi_t� and amendatg!Y -�. _,,�.ndotselll!)tits.,ot�COple$.o.f4;!1e�ppJi�ble-pQli\sl'Janguc1�e,etfect1hg't;OyeraJ;11rreqo1ret1 by this t:111.us.e. All certificates �h_d �(l(kil'.$emelits are to be receiVe<! a_ti:d �pproved by th·e qty pf$t9<;ktoo ll,lsk S¢ryfoes before W9f!< ¢ommeoces, However, failur�tf;l1lbta!n !:he �eqylre# �q#.irneots priQr to the Work �irihlrig s.b�IJ riot.waive the tontractot$ ob1rgat1�n tq Pt'6Vlde them, Tll.e Olty of Stockton r�rviili 1:/le riQht �o require �mpl�Ie, certified to�l� llf !!lJ (E¥:JiJltetl insurance policies, indu�ing �lidQl'sernent.s required by ""'e""' .,,,-s · pecltlaitihns an1ny· time . .. ,( ..
c;on.lrn®r sh11JJ, prtc>r to the tommenCElrnent pf work under this Agr�lrleht, provlde the dty of:$eoc.I<too Witl:J. ii copy oflts declaration� page(s) and endor$ernent IJ<igi:i(s) for eilch of·the requlre4 pPJfdes.
St1/;Jc.¢n·trsctors
Contra�i;>tS sh;,dl require and verify that all su!x;qntraGl;ol'$, or t1ther parties hired for this Worl<, PL!t¢h<1$e and malntaln coverage for lnd�r:nnity and Insurance reql!ir!"!ltl!i!.nts as ieast $ bfoad as $�i5ed Ih this agreerneht to the �e1Jt they apply to th¢ s�ope of the subcontractorsw.or� WI� the· same �rtlficate of 1nsuran� riiqulremehts and naming as ad�Jtjg�al l.h$ured$11U parl:fes to thfs cont:rgct. Conmictor.shall lndude the following language In their agreement with subcontractors: "Sy�ntrar:tors hired ilY contractor agree to be boliqd to Corttr?ct()r and City tn the same fnflnner anc/. to t!ie same ex@nt its Contrar:tor ls bo11nd to qty 11nde.r l:he contract doctime,;ts tJfJd provide a vs/Id certificate .of in$Urance and the required epdorsements Included In the agreement a$ proof tffdJmpltance pi/or to comini!Jncement of '8ny wqrk and to tndude this same requlrof!lent for shY stJ/x;ol)tractors they hire for this wofk. A copy of the owner ATTACHMENT A 1578
contract dqc:ument tnd�mofty �nd in.flurance provisions wlll be furnished to the subconttactor upon r�quest. 11 Contri;l_ctor shcill provide proof of such compliance and verification to the City upon request.
Spect;!f Risks or Ctrcumstanr;es
City of Sto.ckton reserves the right to rnbdify these requiretnenl:!;, including limits, based on the nature .of the risk, prior experience, lr\SlU'er, coverage, or 0th.er special circumstances.
C�ft.l(l�tq If P!<l!Jr Ad.(lre$,s Proper �cfdreiss fqr rn21ilihg ceitlflC<!tes, endorsements llnd notices shall be:
City .of Stockton
Aful' . . 1,, ""··. ' c· ihft>:sk SEiiYiCE!S
400 .E t11lhrSfr@t/'�lil i=loor - HR
St �,-,n,..,,, 1,1.6 ,...,. 9SZtf2
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ATTACHMENT A 1579
EXHlalT C
GENERAL TERMS AND CONOITIONS
1. · ,Goods. Equipment and Setv_
ices. SubJect to the terms ahd condi)ions Silt forth
in t/i!s Ag'r�erneh\,Cqptn'1Stor sh�II proylda t,o City the services described In Exhibit A .of the Agreement. Cohttactor shall provide said services at, the time, place and in the manner spE1dified ro l:xhlbltA of!he Agreement.
2. City Assistafice, Facilities. l;�lllpment and Clef'ical .support. E:xC!;!pt as set forth In l;xhl!Jlt A, Cont.racfot shall, .al C $Ola QOst and eiqie-n·s�, furnish and lii�lot<i!n <.ill facilities :and egu\pment t��t i'i'lay .Qe �equired for �rn!$hlng servl�s ,p\'.!t$\.iilht to this AgresJr:Tl!)nt. If ap�l\��le, Pity !lh�II turnish to Ootitractor only thefacillt1¢$ and equlprn.ent listed tn Exhil:>it A io :t/1$ Agr�rn�nt.
3. ·compensation, City �hail pay ContrMtor for servibEls t$iiqer�d pursuant to this Agr6i;!iti�nt M #��qtipeg rnqre par\lcular\Y fn Eihipit A arid Exhibit E :to the Agree'ril!'lrtl.
-----"•------··--s:-flnvdi.ces iiii'iimitted by 06ritfa6t9tio 91\y mv;leqn�ln a brie{i:t;�pUoti of Work p(;lrfonni:idi ilme §.PllrJt and City ·referehcil number. Within !hlrty (90) �a,-s or rewIPl §f PC//\ltactsif$ invqloe-, City will r(:l\/lew tnv,otce, and If acceptable make paym�mt on approved 1nv.6ice.
-4.2 Upori rornpletiotr-of �o!'l< �-n� �cceptan@ RY Qi(¥., Gp�'!r�cior shall have sixty (60) dayii Jn wlilch to submit final invtilcing for Pl3.Ym$f\\. Ari e�!loskm rn,w bl'/ gh!61ed. !:>y .Plty qp9_n re<;:!liv11Jg -a written reqvast fhltfy (30) days tri advance of sa1d ijrne llmltatl.oh. The Ofy shall have. n¢ qbfig�tion or .1\1:lbl!ljy lo pay any lnv\'.ilC!;! fc;ir won< PElrfor:maj which the Contractor fails or neglect!! to !?�brnit wl\nin .sixty (60} days, ot any extenstim thereof granted hy th.a clty, after the wotk is aoqeptli'id by the City.
4. Sllfficlg'ncy ,of. Oont..-a:ctgr's Work. All Coritr;:ic::tor !lllrvl:@(!, work, at1d deillvera\>les $hi:ill,��-p�rfc:>m,ed In ;i g�(f !:!rid workmanlike mahnerwlth due d!Hgen� In acoordahce _ With the degree of s�i!I norm1:1lly exercised by s.lmliat dllrilractors supplyii:)g servlpes and work of a similar hall.ire, arid tn ci:mformance with applipable Jaws, co�es and profef!11lonal s�ndards. t:ontrac;tor's work shall be adegi.Ji;ite and sufficient to meet the pllrposes of this Agreement.
5. Ownership of Work. All reports, work prpc;luct, all othw documents com_pleted or partially C()mplete,d by Contractor or its approved subcontractors, In p(:lrformanoe of this Agreement, and if 11ppllpa�le, drawings, de11igns, and plan review cornments shall beoome the property of the City. Any and all copyrightable subject matter In all materials is hereby asslgried to the Clfy and the Contractor and Its approved subcontractors agree (Rav, 10.io,1a1
ATTACHMENT A 1580
to execute any additional documents that may be necessary to evidence such asslgnnient, All materials 1,hall be i:J.effvered lo the City upon completion or tern:ili1.atl9n of the work uhderthls Agreeh'lent. If any materjals are lost, dat11aged or destroyed before final delivery to the city, the Cohtractor shE!ll repla.CE! \hem at !is own expense.
Contra.c(or and It$ approved subqoniractots sh.Ill keep materials oonfide�ti!!L MatEJr\als shall not be used for purposes; other th!l.11 pertorrn;mce 1;>f services underthls Agreement and shail not be disclosed to anyone not oonhebted With these servlqes, unles9 th.e City providl:ls prior written cons'ilnt,
6. Timeliness. Tim.a I& of the essehCe. In this Agreement. Further, Con\r�ctor ackriOWtedges. th;1t the failure Of Contril¢\or l.<:> QQIJJply wlth the. time limits described In t=xhlblt A and exhibit F may re$tilt 1n economic or otherl6sses to the Oity,
7. Cha,rt9(ls. l'.3oih parties to 'this A1'.freenletit µnde!'lltMd th.�t lJ may become de�lrijt)le Qr ne�ssery q\1rln,� the terrn .tifthfs Agr.eemeht for,olty to modify \he s¢qpe Qf set:vloes provided for lirRfet 11:li� •i\9rn,em13nt, 'Any 'm\'lterf�I e�enslon or phange lri the scqpe of work i'>haU be; �lscusse:d Wfth city and the tj)eoge and CQ�t sh,a.U be t)'le.tnotl11Jized in l'I wflij1m amendrni:iottc;i the o�t;i,1na1 contract prlono :the pei'forro�ri@ of the ad.dttlonal work. Until ttie.ai'iiendrr{Eint is !!P e�ecut�cJ. Cijyw.111 not t:ie r.ispon�lble to -�"-"'--·"'""''"PilY-ilnY-charge:r-:\10n!ra:�0Flllayincur�1n�i)etfotmln�"t�!:II\JPrl�I; .seJYJces; ana-··--··-····--· Contriictor shall hot be teqOlre(j to perform any such a,ddltlorJal services. a. Amenclmertt No vaiiatioh of the ,terms qf thJs Agreememt s.half be valtd unle.ss an amendment is rn.icte fn wt:ltJJig end sl,gned by both parties.
9. gontraclor's Status.
9.1 In perf9rmlog llle 01:llig11!1or1s iet forth h1 this Agreement( Contr'acto.r sh.Ill oav:e the si/;lt\Js of an JndepElndeht contra.ctot and Contractor !ihal.1 not be consldeted .to be an employee of the C!tY fgr any purpose. All per.aohs working for or Unqer the dlrelitlon of Contractor are 1\5 .1gehts ahd employee$ emd are not l:!gen,ts or empfoyees of City, O.ontrnGtor by ,vlrtLJe of this Asreemelit,, has ho elrthortty to bind or ln,c,ur ,any obllga\lon Qh l)�h:alf of CftY.r Except a$ ·exPressly provided .hi 1::Xhlblt A, Contre�t9r ha/i ho authority or responslb11ity to exercise any rights or power vested In .the City. No agent,officer pr employee of the Qltyls to be considered ah employee of tt,e Cont(actor, It Is understood by both Cohttacfor anq City that thfs Agreement shall not be construe<:! or consldered under ahy circumstances to create en employer-employee relationship or a Jolnt'venture.
9.2 Cohtractor shall deterniine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Gor'ltractor shall be responsible to City only tor the requirements and results specified In this Agreement and, except as expressly provided In this Agreement, shall not be subjected to City's 2 :I
ATTACHMENT A 1581
control with respect to the physical action or actMtles of Contrattor In fulfillrnl'lnt of this AgreernE;inl. Contractor has control over the manner and means of perform,lng the services un�er this Agreement If necessary, Contractor has the responsibility for employing other persons orflrrns to assist Contractor in fuifiliilig the terms and obllgatlohs under this Agreement.
9.3 If In the perforrn1:1nce of this Agreement any thlri;f PElrs,ons are employed by contractor, such pai'$olis shell !:!.17 entirely and exohJs\vely under the i;firEJoijon1 supeMslon and control .of Oohtr<'!Wir. All terms qf employment lnclucling hours., wages, Working condiiicihs., dlsclpline, hiring an!:! dlsch:arglng or any other term of employment or requirements of law shall be de.terrnlned by the Contractor.
9.4 it.ls fulther undet$tood aod agrE!ed that contractor must iS$.ue W-2 forms or other forms as required by l!JW for inqori,e and employment la)( purpoS\'i.$ f o
r all of
�nirac;tal"s asslgned plitsohneyl vnder llw te.rrns and condftfon* of tpis Agr!le.rnent.
10. Sybeo.ntraefor.
10.1 suboontractors. sh1;1.IJ ,:,q\ !>li r!loognlzed •as having any ilirect ·Qr contractual telationsb!P..wilb:.�Gfu'-;_.Qo.ofr,a¢tor�sba11-be,,re�l?9f1S)pl!lcfQr4tre�wotk�er�stlbcel'}\r:;i.clors,-------· -.. which stiali ba sub)ecttQ !h& ProvisJons (iflhJs Agreement. S\Jl:!¢ori\riJQ\Qr$wiil be pro\llded wit� a c,Qf>¥ .o( !he A�reet'i'ient and be o�µnc;I �Y It$ te_rrns. Contractor Is responsi9le. to City fol' the acts ?lid o!Tili3s1Q!1.s of I\$ so1:>eontraotors and P81'$Qn$ i;flreqUy or ihdlrecijy employad by them.
10,2 if in. the pettor!'(lanc.e of th1s,Agr1;1ement any thkd per$.Ot1!3 are employed by con!ractot, sfa�h,petsons sh�Rl:!e !lnUre!yand exc1ustvelylit\derthe !'.!Jrectfon, supervfsloh an<l ¢0ntrol of Cotitfacfor'. All terms �f ernployn1ent lncrualt]g hoLlrs, wages working conditjons, discipifhe, hiring, arid dlsoharg\ng or any other term Qf emplpymehl or requlremerii of law shall be determine� by Oonb-aclor.
10.S It Is further Uhdei'std6d and !lgreed that contractor tnust Issue W-?. forms or other form.1;, !:!S required by iaw for Income a11d employment tax purp013es for ,alJ of Oontn�otor's personnel.
11, Termlnatlon.
11.1 Termlnatlo11 fot Convenience of City. The City may terminate this Agreement al any iime by mailing a notice in writlnfto Contractor. The Agreement shall theh b.e deemed tertnlhated, a.nd no further work shall be performed by contractor. If the Agreement is so temifnaled, the Contractor shall be paid for the work actually complet(;ld at the time the hotlce of termination is received.
3 (Rev. l0,M.18)
I
1 \
ATTACHMENT A 1582
11.2 Should either party default In the performance of this Agreement or materlelly breach any of Its provisions, the other party, at that party's option, rnay terminate this Agreement by giving wrlttem notiflcaUon to the other party.
11.3 Funding• Non-AppropriaUon. It is tnul!)_ally 4ndr;irstood belween the Parties . that payl1)ent to th!;l Contrai::tc>r for performance sh·an be dependent upon the .ivallability of approprlaUons by the_ City Counqll for tf)e purposes of this Agteemehl, No 1%J�I li�tiillty on thE! part of the City for any paymeht may arise un_der tlil.$ Agraernent unm funds are made aviJllable ;:ind. until the Contractor has recehled funding ayaJl@p!tify, which will .be co,nffrmed rn Writing. If fundir;i9 for any ffl!cal y(:)s;1rls recluced or deleted, or if the Cltyfos\':1s funcllng for any rea;Jon, the City, fa its sole discretion, shall .h1we tt,e opti on to eltlier (a)
dause this AgteE:l'ment to Ile carwel�d or !ermlhated 15ursuant to applicable provisions of the Agrei:1ment; or (b) offerto amehd ttw Agreement to reflectthe. reduced funding for this Agreement.
1�, Non-AssigrtablUiy. The CcinJractor �hall not iissJgn, ,subfet, or 11:ansfer this Agt$ehl�f\f or �nY intere�f or oblfga\lon in fhe Agreement witryout 'th� prior written eonsent�fthe City,, and tlieh an1y·up9n $tJch tsiJrl)s-end conditions as City m¢y set forth In Y/.fltl11g, Cpntr!!!clor shaU be solely-responsible for r's!mbwslng subcontrackirs. \
(
... -
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•. .,.... .
. ; .. ,, . '" - ' �-- ·.· ,' ,". -�,,...,....�- -.-� . ..,._.,,_,, -----.:·-- ---. - -------·· --..,.-,-.,--....,.. .. ·" 13, 7mi11mn1ty and Hdld Har,mlgs. To the fullest extent permitted by law, ¢ot;llr�9tor s_ha!l.hold h�fmiess, defono 1:1t its own exwn.sE1, and lndemhlfy the CJty of $t9ol<to11, )\$ l)f.fjpers, employees, agents, ar'ld\/ol�iili°H,1rs, l:lgaln�t any and alt iiabmty, claints losses, c;J11m,ages, 9r expem:ie$, lnclvdlng teaso.hable attorney'$ ·fees, .i!ri!\ing fri;,m.,a.b acts or omissions of contrab!or 1:>r its 9:ffl�rs, agents, pr employees In tendering SEitvlc¥ vnt;lw thi.s CQntrac\: e�oluding, hb.wever, ,.such ll£1�IJ)Jy, cli;i.itn.si , lo$aes, da,rn;:iges, br expe�ses.arisln{ffr9rn th.e Clfy of $to9kton's soie.hegligerice orwlllfyl s1i:1ts.
The .guw �o qefend and the dutr to indemnify are sep�ra.\� and dislin.ct dbligatroM. The lndemnfticatloh QpligaliQn$ of this section shall survive the t1;3ttJiln.ation of this agre!lmerit
14, :insurance. During the term of this Agreement, Con\rac!or shall maintain in full · torce and effect at fti; 0""11 cp1it 1;1nd expense the Insurance coverage as set forth in the aUached EXhiblt B to this Agreement and sh!!!II otherwise comply with the other Provisions of EXhib_it B to this Asraement.
15. Notices. All notices herein required shal! be In writing and shall be sent by oortified or reglstered mall, postage prepaid, addressed in EXh.iblt A to thfs Agreement. 16, confonnance to Applh;abie Laws. Contractor shall corn.ply with all appllca!:>le Fed(;l111I, state, and Municipal laws, rules, ano ordJn;:inces, Contractor shall not discrimitiate fri the ernpJqyrnenl of persohs or in the provision of servlces under this Agreement on the basis of any legally pr9,tected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 fRov. 10,!o.18)
ATTACHMENT A 1583
17. Licenses. Certlf)caiiohs and Permits. Prior to the City's execution of this Agreement and prtot to the Contractor'$ enga�fng in any operation or activity set forth In this AgreemEi"nt, Gontra.ctor shall obtain a City of Stockton business li.cense, whlcih must be kept in E>ffect, during the term of thls Agreement. Contractor oov�nants that It has obtained all oortlfi�te.$, 1/oensel:I, permits a.nd the like required to �erform the services under this Agreement. Such licenses, certificates and permits shail be maintained In full force and effect during the term of this Agreartieht.
1 s. Recordli and Af-!dlts.
Cohtr1;1.ctor shall mai.nl1;1ln all records re(larding this Agreement anq the services performed for a period of three(�) Years from !he date that final payment rs .rn�gEl, At l'inytirne d\Jctng normal b.uslne.lli: hoors, the records sliall be m!il\le available to the City to tnspect anti l:i��lt, To the $1\ten! C/9.ntractor rMders sel'Vices oli a time iinq rnat¢rlals blalsls, Conlr!!¢for shall m!:ilntalri co.nwletE) an.d aqq1,1r1;1te a@uoiinQ recotds, 11; a form. pte$cr,ib1;1.d .by GllY Pr; Jf nPt pre$crlbed by City, In acoordan� wl!h generally acc�ipteo !'\ccoui'iling principles, .sut:h te¢9rll.f to !nc:luge, but not be limited to, payroll rE!@rds, EJtlenda.n® cards, time sheets1 and Job summaries.
---7
-----•w. ... Ciirifidtihtlality. Cch\raotorsh�li exercl�(easonabie pr�Q,JUtiQO!!'ip p-re-v-en_f __ -···-·---- . . fhe unauthottzEid dfs'diosure aria i.l$eof G[ty rE;Jpo.r:ts, rnformation ofconblusions. 2JJ.
.
.p9nflil,is qf ln,te
.
���- . Oohlt�
ctor coye�an�
.
that o\her than thfa Agre�m�nt,
.Qontrac.(or has no �n�c.iaL1nterest With a11yoffictal, employee r;ir other representa11ve .of the City. O<ititrac.total'id Its pli�glf?i;!ISiio not have any flnaMial int.ares! IQ re.cit prpperty, $Qqr®$, of l!:ic;;gm.e (lrJrwestmElnt that would be 1:1ffecteg In i:lriY manner of degree by the peiformance of Pontraq(gr's $8Nlce$ vnder this Agreetnerit. If $uoh an lnt!:l(!:lst .arises, conlraolor shaii f mmediate!y no'tify th$ Cjty.
21, V,,aN.i'!t.. lti the event either City or Col')fractqr at any tlrne waive any l?re'il.c� of to.I� .t;9,r!l�me�t �y the 0th.er, such waiver �hall not co11�ttt�e a .waiver of any oih. et .or succeeding breach oflhJS ,<\gre�ment, whether pf the same or of any othf:lr covenant, c!=indlllon orobl�atlon. No paYmelit partial payrne.rt, acceptance1 or partial acceptaoce by Ci\y shall operate as a w1:1iver on !he part of City of any of Its rights under thls Agreement.
22. Gc;y,uning Law. California law shall govern any legal aclion pursuant to this Agreemer:itw\th vehue for all daims In the Superior Court oflhe County of San Jo/!lqujn, Stockton Branch qr, where applfcable, In the Federal District Court of California, Easteni District, Sacramento Division. . .
23. No Personal Liablllb(. No officlal or employee of City shall be personally liable 5 (R,v, 10,30,18)
, l ' l i l
ATTACHMENT A 1584
to Contnwtor In the evElnt of any default or breach by the City or for any amount due Contractor.
24. Sel/erabllity. If any portion of !his AgreeniElnt or application ther�of to any person or clr¢1.1rnstance shall Ile declared invalid by a cqurt of cornp(lteht jurlsdlotlon .or If It Is fo!lod in contraveinilon of any foderal, state or city statue, ordin1;1n9El or regulaflon the remaihlng provisions of (his Agreement or the ,eppilcatloh thereof shall not pe lnvalldatsid thereby and shall remain in full force s1n<;l effect to the extent th·at th$ pr0Vfst011s of �his Agreement are severable.
25. Noh•Discrlmination. Dunng the performance of this Agreenient, C:otiln:1ctor ahd It$ offi!l¢r$, employees, agehts, repr�ri\pliyes or i;ubconlractors shiill riot UhlaW!\Jlly discriminate in violation ◊f any fl;ldatal, state, or lci�I l�w. rut.a ·or regula�oo a,galnst an'y eit)ployee,. appllcantfqr emplpyment or piirson receiving services ijf'ider tli1� Agr,eement bl:lcause of ra�, religion, color; naliohal
,
otigin1 �nGeeflr.y, physlG<1l or mai:llal .dlsa�ility,
ml:1�f�l Q9n<;li1i<m {lnc;ludlnp- genetic charaoteiistics), marital $!alµ:;,, i;ige, political affilla!loh, sex.of sexual ofientatl◊!), riirn!IY 11n,<1 nie<:!!C<ll care leave, preJinanqy leiivll, or c!(s;3;oll1ty leave. Qontrao.tor a�d ,ts. offi�ts, emp[qyee�, a�nfs, repre::;entalfve or sllbcohtra9�9ta $hall cq,nply Wltl1 all applicable Federal, sfate J'Jrnl ro@I law:. and reglJfa)lons related to . hoti.:Olscnmiri_atjon §flc;! egqa,i oee◊rtunl!Y;, inclydlng '.v!\thout ---�· ·-··--,·-�---11mt@(olr1ne l]ey's nonq1s:0Hrnlnatio.l'l pblicyf ltje FalfErlipli;,Yi:rient !!lid Ho,uslri$ Act (GaveromentCoae septfo�� 1.2��o(et �eq,); Qi;iliforrtla Labor Code sectrohs 1101, H 0.2 anct 1102.1.; the Pederal c,vil Rl9hfs Act oT 1964 (P,L &�•35�, as amended; and all appiiMbl$ reg.uJ�!iql)s pr9mulgat1:1d In the CalWcimia code ofRegUl�tjpn Qr CQl:le of Fede·ral Regulations. Title VI cffthe Ci\111 Rights Ni\ 9f 1964 �uir!ls that "nb pers¢n in -ttrn V�lte<1,$J1:1tes shall, ◊n the grounds of race, color1 at nation1;1l orl9ln be exciuded from pattlcipat1oh 111, .1?€l ileblaj,
Jhe �!ilneftts pf, or be subjected to dlscn(f(ln!!Uon under .any • r,ggr�m or .i:91Nf1Y teceii/ing federal fiq�ri¢i9l as.l)islc1n.ce.• (42 use sectioh 200Qp). ··« ll ,dcih ov oasani/re · /st tut s/tlUavl.h , The City requiros ppmpllance With !hf fequlremef:its <if 'frtie VI' In -ali of Its pr6grii:ns .and activliieli rega'rdless of full ding sour<;JE)..
··
26, Force Maleure. Nel!�f;lr party shall be responslble for delays or failures in pE;Jrfortnahce resulting from acts of qO:d, c1cts of civil or military auihbrtty., terrorism, fire, flood, l!\rlkes, war; epidemics, pandemics, shortage of power or other acts or-causes reasonably beyond the oontrol of that �arty. The party experiencing the force maJeure event agrees to give the other party tiotice prompt!¥ fo11owhi9 the occurrence of a force lilaJ1:1tJ.re event. arid to use diltgent efforts to re-cotr1mence performance as promptly as commercially practicable,
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, coritrlbliticifls or charges applicable to the conduct of the Contractor's busines$. 28, Cumulative Rights. Any specific right or remedy provided in this Agreement Will 6 I
ATTACHMENT A 1585
not be exclusive but will be outnul?1.Uve of all other rights and remedies to which may be legally entitled.
29. Advice of.Attorne\'., Each party wc1rr,intll and Agreern�rjt, represents that In executing this to
it h1;1$ received independent legal advice from Its attorneys C>r the opp'ortunity se.ek such advice. · ·
30. p
Heading Not.conttolllng. Headin:gs us� In !hi$ Agreement are for reference urposes onlyi:ind sh$11 not b� C!>tlsideredlrt construing this Agreement.
31. . Entire Agreement, Integration, and Modifi�tion,
I
Qc;m!ractor
31.1 Thi$ A,gteernent tept!;!s.ents the entire integrated agreem(;lnt 1:/e\weeri I and the Clw; supersedes al.I .PrlQr negollatjons, represen\ati�rsa or ! a!;Jre.stnents; either W/'ftten or wi:il '
wrttlen Amendment between the. parties .ahcl may be <;lmended only by a slgti:ed bythe Contractor and Cijy Manager. i
. 31.2 All Exhl�lts_t� �is Agre!'lrn(;lnl a..nd tn\s Agreement are lntmtd!>Q ·to be i ooni,tn.J1;1<l as ;a:.slngle doourner11,., __ =·��--· ..-�--·--··•----·--•·.--· -----·---.--�•.--·------·-·---·-·-t. . . .. ,. .. ,,_, .... ,_, •. -.------- -- . �.. . . ... . f
32, counterparts. Thl!l .Aareemenf rttay be executed In one ()r more counferparts, eaoh '.l'J.f'Whic/1 l'!h$ll be tle.emed ;ah original. All cpunterparts shall be construed together and shall cqnstit\!\e one agreEiment. 33, Authority. T,he lndJVldual(s) executins this Agre!'lment represent and warrant that they have the 'legal cap11cjty llnd autho�ty to do so on behalf bf \heir respecflve entities. 1egal (Rov 10,30.18) 7
! I
, I
ATTACHMENT A 1586
EXHIBIT E
COMPENSATION SCHED,ULE
The Co.Dlra,ctor shall b,e compensattld for the services ldenliDed In E;Xhlbit A, Exhibit c to this Agreement as follows:
1. Project Price
t.1 Th!:l maxlm!.!m the Con!raqlor shall b,i paid on this Agreement is $72,oOO (hereafter the "notto exceed' amount). The "not to exi:eed" alitountfnclu/les a.11 p,1yrne11ts to be n1ade pur�uaritlo !hi$ Agr�meni, including Oliy approved ri"!imbursable e>1penses, if anY! Ni>lhlog Jn,thls Agr!;lem��t,req11irE;ls the Cftyto paffor work thalcloes not meet fh1;i Stiihdard of Perfotrnahce Identified In Exhibit D sect1oii 4 or .other reqllirem1?nti. of this Agr!:!emerit.
1.2 The contractor shall be ehtitled to receive.payrnehts for1ls work pertaffiiect pur�uMI JoJheAgreemeni. The Gi!Y wi)l pay ConJra.olor ba�\:ld i:>Jl inV9i¢8!> (qrac9¢plable wotK }lelformed aiid �p�tovad uh�l lhe ."ndtto exee�d' �!Tl◊l!nl Js (��6l:i$cl. Tht:lr.eafler, , Oontrc16(()r Mu.st :d()rtJplE!le ,i:;�l'i/)C§S llMed Oh, the..c6,�reetfjedl Without additioh§!'" _____________ ,_ . comp'en��\lg,� yrile�s lhere ls ii ni.�!erial �hange fo the St�l!irrt�tit o lWork �rid -Scope by
a written Amendm.ertt..
1.3 If work is. complete\l bef9re ttie �not tq ,ix�ed' a(llcrnol Ii,. reac;hed, the Contr110\ot's compensation wili be based on .the contractor's Invoices previously l:!Yb.tnJft.eg for·accw.t€ilile work performE!d a,ncl approvecl. 2, .Task :pflce. B.elow is ihll pri� fqr !htl r;;t1rv!ce� and reiml:>1.1rnable expi:inses (1 o dumplhg fees �efaleatiing) as tlesctibed In Exh1bit Aoftl1is AgreemenJ.
TOTAL PRICI: PERY.EAR $14 500,00
3. Invoice to Address. Each invoice submltted shall identify the speoiflctask(s) [Isled, in Exhlbli A and th1s :Exhibit. and fhe 9011Jpleted woik producl/deliverahle for the agreed upon price listed in this Exhibit. Invoices shall be su.bmitted to the below acidres$:
Qity of Stoc.kt9n Munlolpiil Utilitl�s Oepartt:ni:int
Attention: Collectlohs/Stormwater
2500 Navy Drive
Stockton, CA 95206
(Rev, 10,30,18)
ATTACHMENT A 1587
REO.UEST FOR PROPOSALS
Bl-ANNUAL CLEANUP OF WATERWAYS
AT WEBER POINi AND oeCARU PLAZA
obligations contained In thls agreement. These obtlg<1tlons shall survive the completion or termination bf this agreement.
1.7 Evaluation and Contract
a)
b)
Proposals will be reviewed and evaluated based on quality as well as price, Up<on c/lrtcluston of the RFP protess, a contract may be awarded for Bl-ANNUAL CLEANUP OF WATERWAYS AT WE�ER POINT AND DECARLI PLAZA for the City of Stockton (�ee Sample Contract E�hiblt). The City resehr�<s the right to select the successful pro�onent and to negotl�tfterrris of� contract with th� pro<poneht(s) whos�< propase(
(s) is/are tnost responsive< to the needs oHhe qty, F\lrther, the City re$erv<es t�e right to reject any<
�nd �II proposals, or �lternata propos11ls1 or
waive any Jnform11l1ty In the ptoP0$�
<
1 as js ln th� /;tty's be,Uot�rest.
1,8 Proposal Fee
--�--
<sartibn .•. \ Unit Cost I uanli r·---·-••<••····--7 . ; 1 �<---��------�---------��---::=;:.,;.. 1 <<
<
<
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<
< ;
·!;L_.!Y -r-. ._.;.m�unL. =r- -•-•<•«----r,-• _
�Y""' "f..Y:!H-J-.dh-!J + t��-•\\(�-4/J;,..iP
�-"-f--TllJ},Afdu,, . ..a:&�--\ .,�LL---•<fi�'o/Jr
< !l,. \,1,'c.,_.£c.;��--i
< - !- l .
L ____ -------�--��.�--l.---! ___ ,<_j
·•--<••----< :;:;�(lhp;ttc�b�-l -1:�:---�7
-
< < -< ... _<_ iqt�lCqstPerYear: )4';3. s2oo.QO_ __ _
1,!! References
(Provtde three references of slmllar projects)
Name Phone Project Description Num.ber/Emall
('try •I ff,eJ-k,. A II,,. f1;,,.f--.utf.• w,,.;/4-..,:.j,..,-f,,. 'PJC4• II f/4f!.t' � M vl> t!, /4- "fS �,,, )f:, 7- t;, ....
ATTACHMENT A 1588
s ,J A- f' (! .A
REQUEST FOR PROPOSALS
a·l•ANNUA� CLE�UP OF WATERWAYS
AT WEBER l'OINT AND DEcARU PLAZA
0-t ...... " gt.," ,..;, t, i:ive"ltw'-,4 /i-11-.t,,-,.41, (?�..,_r "'"' t!t, (,ti'-''-" ,Jfw, �,) fS'l•t':t.l'I J:'. MIid 1/,ofJ. -1f� (.:f.,-1, .!'./-.ekl-,�, ,:-,<> ATTACHMENT A 1589
ijAYLOR StRVICES, INC.
CA. UC. N 748997
DIR# 1000020235
F.<i:1ox 499 • lOCKEfORO, ('AUFORNIA 9Mii lSL,PHONE (209) lo;!-7903 FAX (209) d64,2ii,6 -�----., .. --$coP,ll..oPf>IQr.k-:-------------�- ,-----�---'""'���----. ----,.��- B,emoyll all trash, debr,ls We lnolu(l!ng wi;iler weed$-fr�m DIOar/i Square Wlllr(eed adcess atotind the p$ii_meter of the water. Price $xoludes any hazardous wast1, removia!, G®!: .$3,2.SOJJO P.$r :8 hr,daY., three lahori:lrs, inoh:iding diJtnP tr_1;1Tier Dump F�: ,i,7$.00 per load Thahkyou.
If there are any .questions ooncemlhg fhls proposal, please do not hesitate to oon�_ct m1:1.
Daryl Baylor (209)609-9335
ATTACHMENT A 1590
�-.. .. ,
BA.VLC::,R $ERVICE$, INC.
GA, UC, # '7489'17
DIR# 1000020235
March 1�. 2020
City of $to�kt1m Mllb St◊rrnwater 8i Qolleotors 2500 NiiVY Dr. S!ocktoh, ·cA �$206 Attn: Allah Montaneill (209)9�1-$155 ··-
Scope of Work;
P.O. aox 49� • LOCKEIORD, CA�FORNIA 95237 TELEPHCH
FAX
! im) �64•7�03 liM) AM,mo
Remove all tri;!sh, cle�rfs lncludlng water Weeds from McLeod lake and Weber Point.
We
We wiil need ac6e�$ iii{ the st�P-S Pn Web!;lr .l'oirrt.
We·rnay n�d to. wlll need. a l�unqhlnQIPElr.k!l\!'.J Pe�� fo.r lx>at launch at �orelli Park. rii!X)_llfoat Qyil[flfgri1 at 1he 'Marina If job is extensive, Price excludes ilti,Y hwrdous wa_ste removal.
Co$\: $3,25Q;QQ
Dump Fees:
per� hr,dey. Boat&. oper1itor plus three laborers, Including d1,1mp trailer $75,.0Q per Joi'ld If _theta are any questions concernfng this proposal, please do not hesitate Thank you, to contacl n,e.
Daryl Baylor (209)609-9335
ATTACHMENT A 1591
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING CONTRACT AMENDMENT NO. 1 WITH BAYLOR SERVICES INC. FOR CLEANUP OF MCLEOD LAKE AT WEBER POINT AND
DECARLI PLAZA
Over the past years, the McLeod Lake waterway has diminished in popularity, particularly during the summer months, due to invasive water hyacinth, trash, debris, and harmful algae blooms; and
As a result, the City contracted with Baylor Services Inc. of Stockton for two (2) cleanups per year at McLeod Lake with a daily rate of $3,625 that was all inclusive (staff, equipment, materials) totaling $72,500 and contract expiration date of July 1, 2025; and It was found that two (2) cleanups per year were insufficient due to the volume of water hyacinth and trash accumulation at McLeod Lake and the recommendation is to increase cleanups to four (4) per month through August 2022; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Contract Amendment No. 1 in the amount of $65,000 to Baylor Services Inc. is approved, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by reference.
2. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED May 24, 2022 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
1592
EXHIBIT 1
CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT Agreement Number: Amendment Number:
2020-05-25-5002 NP 1
419000385
This Amendment Number 1 to the above referenced Agreement entered into on May 27, 2020: between the City of Stockton ("City") and Baylor Services, Inc. ("Contractor").
RECITALS
Exhibit C General Terms and Conditions, Paragraph 7 Changes, states the City may modify the scope of services and any material extension or change in the scope shall be memorialized in a written amendment prior to the performance of additional work; and
Exhibit C General Terms and Conditions, Paragraph 8 Amendment, states no variation of the terms of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and The City needs to modify the Project Scope in Paragraph 2 of Exhibit A, Section 2.1, to up to four ( 4) cleanup sessions per month; and
The City needs to increase the Compensation, Not to Exceed amount in Section 3 of the Standard Agreement and Exhibit E, Section 1.1, by $65,000 to pay for the Contractor; and Now therefore, the City and the Contractor mutually agree as follows:
1. The maximum not to exceed amount to be paid to the Contractor, including if authorized, reimbursement of expenses, in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, will now read as follows:
"1.1 The maximum the Contractor shall be paid on this Agreement is $137,500 (hereafter the "not to exceed" amount)."
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
Baylor Services Inc.
C�or's Name (if other than an individual, state whether a corporation, partnership, etc.):
cu"'� uthoriz� Signature da� '{ -
Date
I'-{ - AO 2..2
Doty-. {c;,r fr
Printed of Person Signing
f.. o . .&z,x 'f 1 'i l. acke. brd
Address
Harry Black, City Manager
ATTEST:
Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, Acting City Attorney
BY:
CITY OF STOCKTON
Date
1593
City of Stockton
Legislation Text
File #: 22-0411, Version: 1
RESOLUTION AUTHORIZING THE PURCHASE OF A PUMP AND MOTOR FROM PUMP REPAIR SERVICE CO. FOR THE REGIONAL WASTEWATER CONTROL FACILITY BIOTOWER PUMP #2
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the purchase of a replacement pump and motor from Pump Repair Service Co. for the Regional Wastewater Control Facility Biotower #2.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The Municipal Utilities Department (MUD) operates and maintains the Regional Wastewater Control Facility (RWCF), responsible for the collection, treatment and disposal of wastewater. The RWCF secondary treatment process includes the use of biotower filtration systems to improve wastewater quality.
Under normal operations, sewer pump and motor replacements are part of the regular maintenance program required to keep the treatment plant in operation. Staff solicited three bids for a replacement pump and motor for the Biotower #2 wastewater pump. Bids were received from Delta Pump Co. of Stockton, CA; Pump Repair Service Co. of San Francisco, CA; and Universal Pump and Supply Inc. of Stockton, CA. The bid received from Pump Repair Service Co. is the lowest responsive bid and regular in all aspects.
It is recommended that Council authorize the purchase of a replacement pump and motor for the Biotower #2 wastewater pump at the RWCF from Pump Repair Service Co. in the amount of $191,575.70. The installation of the pump will be performed by the MUD maintenance staff.
DISCUSSION
Background
The City owns and operates the RWCF to receive, treat, and discharge wastewater from the greater Stockton area to the San Joaquin River. Biotower filtration systems provide biological treatment of the wastewater as part of the treatment process.
The biotowers use wastewater pumps to move treated wastewater to tertiary treatment at the RWCF.
The pumps at the RWCF are replaced at the end of their useful life in accordance with a pump maintenance program.
City of Stockton Page 1 of 2 Printed on 5/18/2022
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1594
File #: 22-0411, Version: 1
Present Situation
Staff solicited three bids for the required materials to replace the 350-horsepower pump and motor assembly for Biotower #2. The following bids were received:
Proponent Bid Freight Bid, Freight, & 9% Tax
Delta Pump Co. $200,760 $3,883 $222,711.40
Universal Pump and Supply Inc. $184,400 $3,500 $204,496.00 Pump Repair Service Co. $172,730 $3,300 $191,575.70
The bid submitted by Pump Repair Service Co. is the lowest responsive bid, regular in all aspects and meets the City’s specifications (Attachment A). Upon purchase and delivery, the MUD maintenance staff will replace the Biotower #2 wastewater pump.
FINANCIAL SUMMARY
There are sufficient funds available in the Wastewater Plant - Maintenance account to award the bid in the amount of $191,575.70 to Pump Repair Service Co. of San Francisco, CA.
There is no impact to the General Fund, or any other unrestricted fund, from this action.
Attachment A - Quote #120721 from Pump and Motor Repair Service Inc.
City of Stockton Page 2 of 2 Printed on 5/18/2022
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1595
���� PUMP REPAIR SERVICE CO.
C:c:>
December 13, 2021
City of Stockton
2500 Navy Drive
Stockton CA 95206
Attn: Jose Alatorre
SUBJECT: MAIN PLANT BIO TOWER PUMP AND MOTOR
Dear Jose,
We are pleased to provide you with pricing on the following new equipment:
1 - Prime 24M22-2 stage mixed flow pump
complete with 24" above ground
discharge 28' base to bell, basket
strainer, amerlock epoxy ....................................................................... $107,430.00 Design Conditions: 18,000 GPM@ 55' TOH
Duplicate existing s/n 0103381-3
1 - US 350 HP 900 RPM 460 volts
WP-1 VSS motor ....................................................................................... 65,300.00 Sales tax 9
°/o ............................................................................................. 15,545.70 Total ..................................................................................................... $188,275.70 Estimated freight to job site ....................................................................... $3,300.00 Delivery ............................................................................................. 16 to 18 Weeks If you have any questions on the above, please give me a call.
Sincerely,
��
WA/dm
Waynea-21City of Stockton 120721 ESTABLISHED 1941
PO BOX 34327 SAN FRANCISCO, CA 94134-0327 415.467.2150 FAX 415.467.7442 www.pumprepoirservice.com
ATTACHMENT A 1596
23'-7"
28' 3"
56"
14"
MIXED
PRIME PUMP CORP.
FLOW PUMP
27"
.Y.
u
0 j- 34" -I Elev� - t 5.26
'->,<\.'\\.'\. Wet Well Floor
CONDITIONS
U.S. GALLONS PER MINUTE: 16,000
TOTAL DYNAMIC HEAD: 55 ft.
LIQUID: Effluent Water
SPECIFIC GRAVITY: 1.0
HP: 350 t .15 SF PHASE: 3 CYCLE: 60
VOLTAGE: 460 RPM: 900
ENCLOSURE: WP-I
SOLEPLATE
BOWL ASSEMBLY: 24M22 2 stage
Golvonlzed Steel Bosket Strainer
<?. \'t'-\ C, f &1-DQc...�
CUSTOMER: AAdar;&QA E?aelfle E.:g1. 6e11str.
PO NO• 2Ql 7 i
ENGINEER: �F11en• EriglMol"ll'l!I Solo1Tce
OWNER: City of Stockton RWCF"
aJk OGI, e, :zooo
Rev, 1 Fob. 1-4 2001
Rev, 2 Mar, 1,4 2001
ATTACHMENT A 1597
MODEL 24M22
TEST NO. 0117
PUMP SIN 0103381-3
RPM. 885
REMARKS: TAP TAKEN
DOWNSTREAM OF DISCH 12'.
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EFFECTIVE: DIMENSION PRINT PRINT:
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INFORMATION DISCLOSED ON THIS DOCUMENT .., o N"de Mot Cor t· �rBS APPROVED BY o.
' I C or pora 10n IS CONSIDERED PROPRIETARY AND SHALL NOT BE T COLOMA REPRODUCED OR DISCLOSED WITHOUT WRITTEN .._ __ • ...,..__. ........... _ _. ;!; St. Louis, Missouri coNsENT oF NIDEC MOTOR CORPORATION ATTACHMENT A 1599
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE PURCHASE OF A PUMP AND MOTOR FROM PUMP REPAIR SERVICE CO. FOR THE REGIONAL WASTEWATER CONTROL FACILITY BIOTOWER PUMP #2
The Municipal Utilities Department operates and maintains the Regional Wastewater Control Facility, responsible for the collection, treatment and disposal of wastewater. Under normal operations, sewer pump and motor replacements are part of the regular maintenance program required to keep the treatment plant in operation; and On December 13, 2021, staff received three solicited bids from Pump Repair Service Co., Delta Pump Co. and Universal Pump Supply Inc. to replace one pump and motor assembly for the Biotower #2 wastewater pump; and The solicited bid from Pump Repair Service Co. in the amount of $191,575.70 was selected as the lowest responsive bid and regular in all aspects; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council authorizes the purchase of a replacement pump and motor from Pump Repair Service Co. for the Biotower #2 wastewater pump at the Regional Wastewater Control Facility in the amount of $191,575.70.
2. The City Manager is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED May 24, 2022 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
1600
City of Stockton
Legislation Text
File #: 22-0388, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE PAVEMENT REPAIR ON VARIOUS STREETS
PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve Notice of Exemption No. NOE2-22 under the California Environmental Quality Act for the Pavement Repair on Various Streets, Project No. WT22003.
2. Approve the plans and specifications for the Pavement Repair on Various Streets, Project No.
WT22003.
3. Award a Construction Contract in the amount of $294,304 to Consolidated Engineering, Inc. of Valley Springs, CA, for the Pavement Repair on Various Streets, Project No. WT22003.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The Pavement Repair on Various Streets project will repair failed pavement at approximately 44 various residential and collector roadways segments citywide (Attachment A). Pavement repair involves the removal of failed pavement, tack coating the edges to ensure a bond between pavement layers and placing hot mix asphalt. The Pavement Repair on Various Streets project is part of the Local Street Resurfacing Program FY 2021-22 SB1, which was included in the 2021-26 Five-Year Capital Improvement Plan (CIP).
On February 3, 2022, the City received seven bids for the project. Staff recommends award of the Construction Contract to the lowest responsive bidder, Consolidated Engineering, Inc., in the amount of $294,304. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE2-22 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin and be completed by summer 2022.
DISCUSSION
Background
On April 28, 2017, the Governor signed Senate Bill 1 (SB1), known as the Road Repair and Accountability Act of 2017. SB1 funding provides for basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and road systems. The California City of Stockton Page 1 of 3 Printed on 5/18/2022
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File #: 22-0388, Version: 1
Transportation Commission (CTC) is responsible for oversight of funding and/or programs created with the approval of SB1.
SB1 provides funding for the Road Maintenance and Rehabilitation Account (RMRA) Program. Other programs include the Local Partnership Program, the Active Transportation Program, State Highway Operation and Protection Program, and Local Streets and Roads Program. The RMRA funding is part of the City’s overall Gas Tax allocation; however, RMRA funds can only be expended on projects that meet eligibility criteria and have been approved by the CTC. RMRA funds are accounted for and reported separately from regular Gas Tax funds.
An estimated $6.2 million in SB1 RMRA Program funding was allocated to the City for FY 2021-22 and approved by Council on May 11, 2021, by Resolution No. 2021-05-11-1208. The project list was subsequently approved by the CTC.
The Pavement Repair on Various Streets project will repair failed pavement at approximately 44 various residential and collector roadways segments citywide (Attachment A). Pavement repair involves the removal of failed pavement, applying tack coat oil to the edges to ensure a bond between pavement layers, and placing hot mix asphalt. The process includes traffic control and installing temporary traffic striping. This treatment, combined with future pavement resurfacing, will extend the roadway’s life expectancy by five years.
The list of roads for this project was developed from the City of Stockton Pavement Management System. Roadways with a Pavement Condition Index (PCI) ranging between 65 and 80 are suitable for this treatment. The Pavement Repair on Various Streets, Project No. WT22003, is part of the Local Street Resurfacing Program FY 2021-22 SB1 project, which was included in the 2021-26 FiveYear CIP.
On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was not applied to this project because the engineer’s estimate was less than $1 million.
Present Situation
On January 7, 2022, the Pavement Repair on Various Streets project was advertised for bids. On February 3, 2022, seven bids were received with the following results:
COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
Consolidated Engineering, Inc. $294,304.00 $294,304.00
(Valley Springs), CA
Bear Construction, Inc. $304,520.00 $304,520.00
(Hayward, CA)
J.V. Lucas Paving, Inc. $369,709.00 $369,709.00
(Martinez, CA)
City of Stockton Page 2 of 3 Printed on 5/18/2022
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File #: 22-0388, Version: 1
Tom Mayo Construction, Inc. $407,720.00 $387,334.00
(Stockton, CA)
Robert Burns Construction, Inc. $413,563.00 $392,884.85 (Stockton, CA)
United Pavement Maint., Inc. $462,257.00 $462,257.00
(Hughson, CA)
Dirt Dynasty, Inc. $697,600.00 $683,648.00
(Farmington, CA)
Engineer’s Estimate $351,000.00
The requirements of the Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Tom Mayo Construction, Inc. and Robert Burns Construction, Inc. are located within the City of Stockton and are entitled to a five percent bid preference. Dirt Dynasty, Inc. is located within the County and is entitled to a two percent bid preference. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.
The bid from Consolidated Engineering, Inc., the lowest responsive bidder, is regular in all respects.
Consolidated Engineering, Inc. has the proper license to perform the work. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to Consolidated Engineering, Inc. in the amount of $294,304.
The project is in conformance with the City’s General Plan, pursuant to California Government Code Section 65402, and is categorically exempt from the requirement of CEQA as specified under Section 15301(c) of the CEQA guidelines. As a result, the project has been granted a Categorical Exemption.
The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. This resolution will approve the filing of Notice of Exemption No. NOE2-22 under CEQA. Construction is anticipated to begin and be completed by summer 2022.
FINANCIAL SUMMARY
There are sufficient funds available in the Local Street Resurfacing Program FY 2020-21 SB1, Project No. WT22003, Account No. 4570-715-800007-240-241-30-45-000-000, to award a Construction Contract to Consolidated Engineering, Inc. in the amount of $294,304 for the Pavement Repair on Various Streets, Project No. WT22003.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - Vicinity Map
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PAVEMENT REPAIR ON VARIOUS STREETS, PROJECT NO. WT22003 Legend
Pavement Repair Locations
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THORNTON RD
EIGHT MILE RD
HAMMER LN
WEST LN
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EL DORADO ST
MARCH LN
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PACIFIC AV
DAVIS RD
LOWER SAC RD
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AIRPORT WY
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LEGEND:
Pavement Repair Locations
ATTACHMENT A 1604
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE2-22,
APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A
CONSTRUCTION CONTRACT FOR THE PAVEMENT REPAIR ON VARIOUS STREETS, PROJECT NO. WT22003
On February 3, 2022, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Pavement Repair on Various Streets, Project No. WT22003; and
The project will repair failed pavement at approximately 44 various residential and collector roadway segments citywide; and
Consolidated Engineering, Inc. is the lowest responsive bidder in the amount of $294,304; and
The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the filing of Notice of Exemption No. NOE2-22 under the CEQA for the Pavement Repair on Various Streets, Project No. WT22003, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The City Council approves the plans and specifications for the Pavement Repair on Various Streets, Project No. WT22003.
3. The City Council awards a Construction Contract between the City of Stockton and Consolidated Engineering, Inc. in the amount of $294,304, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
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1605
4. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED May 24, 2022 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
1606
CITY OF STOCKTON
NOTICE OF EXEMPTION
TO: COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Public Works Department Stockton, CA 95202 22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJECT DATA
Project Title: Pavement Repair on Various Streets, Project No. WT22003 CEQA Exemption File No.: NOE 2-22
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton’s Public Works Department will be conducting pavement repair on various streets through the City. See attachment A for specific locations.
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The activity is not a "project" as defined in CEQA Guidelines Section 15378.
The activity is exempt under the "general rule" at CEQA Guidelines Section15061(B)(3).
The project is "Statutorily Exempt" per CEQA Guidelines Section: __________ X The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).
BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
X The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
JODI ALMASSY, DIRECTOR January 31, 2022
PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By
Thinh Phan, Project Manager (DATE OF FINAL APPROVAL)
_____________________________________________________________________________________________
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
_________________________________________
Posting Period Ending Date
EXHIBIT 1 1607
This contract is made and entered into on _____________, by and between CONSOLIDATED ENGINEERING, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 5860 AMOS LANE, VALLEY SPRINGS, CA 95252, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:
WHEREAS, plans and specifications for the construction of PAVEMENT REPAIR ON VARIOUS STREETS (PROJECT NO. WT22003), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No.__________________ . The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $294,304.00, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, 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 September 27, 2016, by Council Resolution No. 2016-09-27, effective September 27, 2016.
CONSTRUCTION CONTRACT
EXHIBIT 2 1608
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.
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 required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or selfinsurance 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 the 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 contractor fails to obtain or maintain completed operations coverage as required by this agreement, 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 Subcontractors 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 agree 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 Documents. Subcontractor further agrees to include these same EXHIBIT 2 1609
provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors 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 the public policy of the State of California, Contractor shall indemnify, protect, defend with counsel approved by City and at Contractor’s 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 (including without limitation attorneys’ 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 municipal law or ordinance, or City Policy, by Contractor or Contractor’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 obligations allowed by Contractor 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 the State of California, the parties 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, employees, volunteers or subcontractors. Contractor’s duties and obligations to defend the City shall apply regardless of whether or not the issue of the City’s 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 Contractor for amounts paid in excess of Contractor’s proportionate share of EXHIBIT 2 1610
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 greater 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, 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 insurance. 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.
The City’s acceptance of the insurance certificates required under this Agreement does not relieve the CONTRACTOR from its obligation under this paragraph. The indemnification obligations of this section shall survive the termination of this agreement.
Any exceptions to this language may result in a proposal being deemed non-responsive.
CONTRACTOR/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.
The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this agreement. 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. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest EXHIBIT 2 1611
setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.
6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 15 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of TWO THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($2,200) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, EXHIBIT 2 1612
engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
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 of, or be subjected to discrimination under any program 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. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). 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 to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/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.legislature.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 EXHIBIT 2 1613
Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable 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 determination 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 worksite 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 cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND 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 during 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 the 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 contract 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 each invoice to the Public Works EXHIBIT 2 1614
Department, Attention Contract Compliance 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 with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution 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 faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section
3.68.095.
CITY agrees:
8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.
9. SECURITIES. 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 substituted for monies withheld and shall receive any interest thereon.
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10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction 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 for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.
Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11. AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
CONTRACTOR agrees that CITY or its delegate will 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 interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement.
CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.
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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 B:
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract,and for five (5) years thereafter , 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 by the Contractor, their agents, representatives, employees, or subcontractors. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City, at its sole discretion, may purchase the coverage required and the cost will be paid by the contractor.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) 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: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety Bonds as described below.
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 EXHIBIT 2 EXHIBIT B 1634
representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.
Limits of Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis 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 contain, the following provisions:
Additional Insured Status
The City of Stockton, its 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-contributory” and will not seek contribution from the City’s insurance or selfinsurance 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.
Claims Made Policies – (Note – applicable only to professional and/or pollution liability)
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
EXHIBIT 2 EXHIBIT B 1635
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City 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 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-insured 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.
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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 furnish 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 subcontractors, 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 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.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid bond
2. Performance bond
EXHIBIT 2 EXHIBIT B 1637
3. Payment bond (or Labor and Material bond)
4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to one hundred percent (100%) of the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including 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 shall be:
City of Stockton
Attn: City Risk Services
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
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BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That we, CONSOLIDATED ENGINEERING INC., a STATE OF CALIFORNIA CORPORATION, as Principal and
, a corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of TWO HUNDRED NINETYFOUR THOUSAND THREE HUNDRED FOUR AND 00/100 DOLLARS ($294,304.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:
PAVEMENT REPAIR ON VARIOUS STREETS
(PROJECT NO. WT22003)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, EXHIBIT 2 1653
and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on
APPROVED AS TO SURETY: By:
PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
ACTING CITY ATTORNEY
By:
ATTORNEY-IN-FACT
By:
DEPUTY CITY ATTORNEY
EXHIBIT 2 1654
BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That we, CONSOLIDATED ENGINEERING INC., a STATE OF CALIFORNIA CORPORATION as Principal and , corporation,
organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of TWO HUNDRED NINETY-FOUR THOUSAND THREE HUNDRED FOUR AND 00/100 DOLLARS ($294,304.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:
PAVEMENT REPAIR ON VARIOUS STREETS
(PROJECT NO. WT22003)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on EXHIBIT 2 1655
this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on .
APPROVED AS TO SURETY: By:
PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
ACTING CITY ATTORNEY
By:
ATTORNEY-IN-FACT
By:
DEPUTY CITY ATTORNEY
EXHIBIT 2 1656
City of Stockton
Legislation Text
File #: 22-0317, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE SIERRA NEVADA STREET SANITARY SEWER
REHABILITATION PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Notice of Exemption No. NOE13-20 under the California Environmental Quality Act for the Sierra Nevada Street Sanitary Sewer Rehabilitation, Project No. UW18029.
2. Approve the plans and specifications for the Sierra Nevada Street Sanitary Sewer Rehabilitation, Project No. UW18029.
3. Appropriate funds in the amount of $752,475 from the Wastewater Utility Fund Balance to the Sierra Nevada Street Sanitary Sewer Rehabilitation, Project No. UW18029.
4. Award a Construction Contract in the amount of $2,291,738 to SAK Construction, LLC of O’Fallon, MO, for the Sierra Nevada Street Sanitary Sewer Rehabilitation, Project No.
UW18029.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The Municipal Utilities Department (MUD) has implemented a Condition Assessment Program for the City’s sewer infrastructure. This program generates a prioritized list of replacement and/or rehabilitation projects for inclusion in the City’s Capital Improvement Plan (CIP). The program identified a 36-inch sewer trunk line approximately 1,900 linear feet along Sierra Nevada Street between Hazelton Avenue and Worth Street for rehabilitation (Attachment A). The project was included in the 2018-23 Five-Year CIP.
On February 10, 2022, the City received two bids for this project. Staff recommends award of the Construction Contract to the lowest responsible bidder, SAK Construction, LLC, in the amount of $2,291,738. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE13-20 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project.
To fully fund the construction of the project, staff recommends appropriating funds in the amount of $752,475 from the Wastewater Utility Fund Balance to the Sierra Nevada Street Sanitary Sewer Rehabilitation, Project No. UW18029. Construction is anticipated to be completed by March 2023.
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DISCUSSION
Background
The MUD has implemented a Condition Assessment Program for the City’s sewer infrastructure comprised of Closed-Circuit Televised Video inspection, pipe cleaning, and engineering evaluation.
This program generates a prioritized list of sewer replacement and/or rehabilitation projects for inclusion in the City’s CIP. The program identified a 36-inch sewer trunk line approximately 1,900 linear feet along Sierra Nevada Street between Hazelton Avenue and Worth Street for rehabilitation (Attachment A). The project was included in the 2018-23 Five-Year CIP. The City retained Kjeldsen, Sinnock & Neudeck, Inc. to design the project, and plans were completed in November 2021.
On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was applied to this project as the estimated construction cost is more than $1 million.
Present Situation
On December 27, 2021, the Sierra Nevada Street Sanitary Sewer Rehabilitation, Project No.
UW18029, was advertised for bids including a bid schedule with a base bid and one additive bid alternative (Add Alternate). The Add Alternate includes optional improvements that can be included with the base bid provided there is available funding. The Add Alternate provides for various additional repairs and replacements to the sanitary sewer system.
On February 10, 2022, two bids were received with the following results:
COMPANY NAME BASE BID ALTERNATE BID TOTAL BID
SAK Construction, LLC $1,834,838 $456,900 $2,291,738
(O’Fallon, MO)
Saboo, Inc. $2,402,400 $229,000 $2,631,400
(Brentwood, CA)
Engineer’s Estimate $1,603,870 $188,000 $1,791,870
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order.
The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.
This project is required to be awarded based on the lowest bid received for the base bid. The base bid from SAK Construction, LLC, the lowest responsible bidder, is responsive and regular in all respects. SAK Construction, LLC has the proper license to perform the work. The total bid is approximately 28 percent above the engineer’s estimate. Staff has reviewed the bids and determined there are minimal opportunities to reduce costs, and lower bids are not likely if the project is reCity of Stockton Page 2 of 3 Printed on 5/18/2022 powered by Legistar™
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File #: 22-0317, Version: 1
advertised. The bid results reflect a recent trend of increasing costs in the construction industry due to labor and materials shortages. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to SAK Construction, LLC of O’Fallon, MO, in the amount of $2,291,738, which includes the base bid and the Add Alternate.
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(b) of the CEQA guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE13-20 under CEQA.
Construction is anticipated to be completed by March 2023.
FINANCIAL SUMMARY
The current unencumbered balance in the Sierra Nevada Street Sanitary Sewer Rehabilitation, Project No. UW18029, is not sufficient to award a Construction Contract to SAK Construction, LLC in the amount of $2,291,738. With the appropriation of $752,475 from the Wastewater Utility Fund Balance, Account No. 6518-000-800007-610-612-00-65-000-000, to the Sierra Nevada Street Sanitary Sewer Rehabilitation, Project No. UW18029 (formerly M18029), sufficient funds will be available to award a Construction Contract.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - Vicinity Map
City of Stockton Page 3 of 3 Printed on 5/18/2022
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PROJECT LOCATION
NO. REV. DATE BY APRVD. SIERRA NEVADA STREET SANITARY APP
ROVED BY
DJC. BY
Cl. BY
SCALE
SEWER LINE REHABILITATION
CITY OF STOCKTON
DEPARTMENT OF PUBLIC WORKS
CITY ENC/NEER
DATE DRAJJNC NO.
ATTACHMENT A 1660
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE13-20,
APPROVING THE PLANS AND SPECIFICATIONS, APPROPRIATING FUNDING,
AND AWARDING A CONSTRUCTION CONTRACT FOR THE SIERRA NEVADA STREET SANITARY SEWER REHABILITATION, PROJECT NO. UW18029 On February 10, 2022, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Sierra Nevada Street Sanitary Sewer Rehabilitation, Project No. UW18029; and The project will rehabilitate approximately 1,900 linear feet of 36-inch sewer trunk line along Sierra Nevada Street between Hazelton Avenue and Worth Street; and SAK Construction, LLC is the lowest responsible bidder in the amount of $2,291,738, and its bid is regular in all respects; and The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(b) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the filing of Notice of Exemption No. NOE13-20 under CEQA for the Sierra Nevada Street Sanitary Sewer Rehabilitation, Project No.
UW18029 (formerly M18029), a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The City Council approves the plans and specifications for the Sierra Nevada Street Sanitary Sewer Rehabilitation, Project No. UW18029 (formerly M18029).
3. The City Council approves the appropriation of funds in the amount of $752,475 from the Wastewater Utility Fund Balance to the Sierra Nevada Street Sanitary Sewer Rehabilitation, Project No. UW18029 (formerly M18029).
4. The City Council awards a Construction Contract between the City of Stockton and SAK Construction, LLC, in the amount of $2,291,738, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
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5. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED May 24, 2022 .
_________________________
ATTEST: KEVIN J. LINCOLN II
Mayor of the City of Stockton
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
1662
. 1
CITY OF STOCKTON
NOTICE OF EXEMPTION
TO: COUNTY CLERK
COUNTY OF SAN JOAQUIN
44 N San Joaquin Street, Suite 230
Stockton, CA 95202
FROM: Lead Agency
City of Stockton
c/o Municipal Utilities Department
Engineering Division
2500 Navy Drive
Stockton, CA 95206
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(8) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJECT DATA
Project Title: Sierra Nevada Street Sanitary Sewer Rehabilitation (MUD Project No. 18029) CEQA Exemption File No.: NOE13-20
Applicant: City of Stockton - Municipal Utilities Department Project Description/Location: Rehabilitate 1,540 linear feet of existing 36-inch reinforced concrete pipe within Sierra Nevada Street. between Hazelton Avenue and Worth Street, and on Hazelton Avenue to Wilson Way.
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
0 The activity is not a "project" as defined in Section 15378. 0 The activity is exempt under the "general rule" that CEQA applies only to projects which have the potential for causing significant environmental effects, as specified in Section 15061 (B)(3). 0 The project has been granted a "Statutory Exemption" under Article 18 and, specifically, by Section(s):_ . .[81 The project has been granted a "Categorical Exemption" under Article 19 and, specifically, by Section(s):
15301 {b ).
BASIS FOR FINDING OF EXEMPTION
0 The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply .
.[81 The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
JOHN ABREW, DIRECTOR
MUNICIPAL UTILITIES
�
DEPARTMENT
March 27 2020
(DATE OF PREPARATION)
(DATE OF FINAL APPROVAL)
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(8). Said notice or list of notices will remain posted for 35 days from the filing date.
Signature Title
Posting Period Ending Date
EXHIBIT 1
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CONSTRUCTION CONTRACT
This contract is made and entered into on __________________, by and between SAK CONSTRUCTION, LLC, a STATE OF MISSOURI LIMITED LIABILITY COMPANY, with a business address at 864 HOFF ROAD, O’FALLON, MO 63366, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:
WHEREAS, plans and specifications for the construction of
SIERRA NEVADA STREET SANITARY SEWER REHABILITATION,
PROJECT NO. UW18029 (FORMERLY M18029), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on ____________________, by Resolution No. __________________ . The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $2,291,738, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, 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 September 27, 2016, by Council Resolution No. 2016-09-27, effective September 27, 2016.
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.
Local Construction Contract - SAK CONSTRUCTION, LLC - PROJECT NO. UW18029 (Updated 12/31/20)
EXHIBIT 2 1664
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.
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 required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or selfinsurance 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 the 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 contractor fails to obtain or maintain completed operations coverage as required by this agreement, 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 Subcontractors 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 agree 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 Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors 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 the public policy of the State of California, Contractor shall indemnify, protect, defend with counsel approved by City and at Contractor’s sole cost Local Construction Contract - SAK CONSTRUCTION, LLC - PROJECT NO. UW18029 (Updated 12/31/20)
EXHIBIT 2 1665
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 (including without limitation attorneys’ 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 municipal law or ordinance, or City Policy, by Contractor or Contractor’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 obligations allowed by Contractor 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 the State of California, the parties 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, employees, volunteers or subcontractors. Contractor’s duties and obligations to defend the City shall apply regardless of whether or not the issue of the City’s 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 Contractor 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 greater 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, 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 insurance. Contractor’s indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, Local Construction Contract - SAK CONSTRUCTION, LLC - PROJECT NO. UW18029 (Updated 12/31/20)
EXHIBIT 2 1666
or benefits payable by or for the Contractor under workers’ compensation acts, disability acts, or other employee benefit acts.
The City’s acceptance of the insurance certificates required under this Agreement does not relieve the CONTRACTOR from its obligation under this paragraph. The indemnification obligations of this section shall survive the termination of this agreement.
Any exceptions to this language may result in a proposal being deemed non-responsive.
CONTRACTOR/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.
The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this agreement. 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. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.
6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 120 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of FOUR THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($4,500.00) per day for each and every calendar days delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as Local Construction Contract - SAK CONSTRUCTION, LLC - PROJECT NO. UW18029 (Updated 12/31/20)
EXHIBIT 2 1667
may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
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 of, or be subjected to discrimination under any program 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. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). 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 to set forth Local Construction Contract - SAK CONSTRUCTION, LLC - PROJECT NO. UW18029 (Updated 12/31/20)
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a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/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.legislature.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 rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable 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 determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure 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.p df. 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 cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND 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 during 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 Local Construction Contract - SAK CONSTRUCTION, LLC - PROJECT NO. UW18029 (Updated 12/31/20)
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holiday and overtime work in violation of the 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 contract is awarded shall ensure 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 each invoice to the Public Works Department, Attention Contract Compliance 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 with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution 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 faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section
3.68.095.
f. COMMUNITY WORKFORCE TRAINING AGREEMENT
Pursuant to the implementation of the Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of CWTA. For any project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and no separate compliance with Section 3.68.095 will be required of the Contractors/Employers working on the project (EXHIBIT D).
CITY agrees:
8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon Local Construction Contract - SAK CONSTRUCTION, LLC - PROJECT NO. UW18029 (Updated 12/31/20)
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the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.
9. SECURITIES. 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 substituted for monies withheld and shall receive any interest thereon.
10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction 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 for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.
Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11. AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
CONTRACTOR agrees that CITY or its delegate will 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 interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement.
CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.
Local Construction Contract - SAK CONSTRUCTION, LLC - PROJECT NO. UW18029 (Updated 12/31/20)
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12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.
ATTEST:
ELIZA R. GARZA, CMC
CITY CLERK
By: __________ _
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:-------------
DEPUTY CITY ATTORNEY
CITY:
By: ____________ _
HARRY BLACK
CITY MANAGER
Tax Identification No.
Local Construction Contract - SAK CONSTRUCTION, LLC - PROJECT NO. UW18029 (Updated 12/31/20)
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Letter of Clarification No. 2
Sierra Nevada Sanitary Sewer Rehabilitation, Project No. UW18029 January 31, 2022
SIERRA NEVADA STREET SANITARY SEWER REHABILITATION
PROJECT NO. UW18029 (FORMERLY PROJECT NO. M18029)
BIDDI NG SCHEDULE
Each bidder shall bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line-item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive.
BASE PROJECT BID ITEMS
Item Description Unit Quantity Unit price Total Price
1 Mobilization and Demobilization LS 1 300,000.00 300,000.00 2 Sheeting, Shoring, & Bracing LS 1 100,000.00 100,000.00 3 Cured-in-place-Pipe Rehabilitation of 36" LF 1,101
Concrete Sewer - Sierra Nevada Street 412.00 453,612.00 4 Cured-in-Place-Pipe Rehabilitation of 36" LF 441
Concrete Sewer with Preliner -Hazelton 486.00 214,326.00 5 Rehabilitation of Maintenance Hole - LS 1
Sierra Nevada & Hazelton 16,300.00 16,300.00
6 Removal and Replacement of Existing LS 1
Type 2 Maintenance Hole with Stubout -
Sierra Nevada & Worth 155,900.00 155,900.00
7 Rehabilitation of Maintenance Hole - near LS 1
BNSF Railroad 24,700.00 24,700.00
8 Installation of New Type 2 Maintenance EA 1
Hole with Internal Drop 89,600.00 89,600.00
9 Installation of New Type 2 Maintenance EA 1 86,400.00 86,400.00 10 Clean and CCTV of Sanitary Sewer Lines LS 1 29,700.00 29,700.00 11 Upstream Plug Installation LS 1 20,000.00 20,000.00
12 Downstream Bypass Pumping LS 1 73,700.00 73,700.00
13 Scotts Ave Reroute LS 1 77,900.00 77,900.00
14 Traffic Staging System LS 1 114,200.00 114,200.00
15 Pavement Restoration LS 1 47,400.00 47,400.00
16 Stormwater Handling and Erosion Control LS 1 10,000.00 10,000.00 17 Site Restoration LS 1 21,100.00 21,100.00
BASE PROJECT BID ITEMS TOTAL 1,834,838.00
EXHIBIT A
EXHIBIT 2 1673
Letter of Clarification No. 2
Sierra Nevada Sanitary Sewer Rehabilitation, Project No. UW18029 January 31, 2022
ALTERNATIVE BID ITEMS
Item
SA
7A
18A
Description Unit Quantity
Removal and Replacement of existing LS 1
Type 2 Maintenance Hole - Sierra Nevada
& Hazelton
Removal and Replacement of Existing LS 1
Type 2 Maintenance Hole - near BNSF
Railroad
Point Repair of Deteriorated Sewer LS 1
Pipeline in Advance of CIPP
ALTERNATIVE BID ITEMS TOT AL
BASE PROJECT BID ITEMS SUBTOTAL
(BASIS FOR CONTRACT AWARD)
ALTERNATIVE BID ITEMS SUBTOTAL
TOTAL BID
(BASE PROJECT BID ITEMS PLUS ALTERNATIVE BID ITEMS)
BIDDER'S NAME
SAK Construction, LLC
Unit price Total Price
61,100.00 61,100.00
359,000.00 359,000.00
36,800.00 36,800.00
456,900.00
1 ,834,838.00
456,900.00
2,291,738.00
EXHIBIT A
EXHIBIT 2 1674
The City of Stockton is now using www.PINSAdvantage.com to track Insurance Certificates and all related documents.
The PINS system starts with The City of Stockton. A Stockton User logs into PINS and emails a request for proof of insurance to the Vendor/Contractor. The Vendor/Contractor forwards the request email to their Insurance Agent(s). The Insurance Agent(s) logs into www.PINSAdvantage.com and completes the insurance certificate online.
www.pinsadvantage.com
+ 1 626 844 1838
WHAT IS THE PROCESS?
Note: Vendors will receive the insurance request email from: [email protected] Thank you for your compliance!
01 02
03 04
The Vendor/
Contractor forwards
the email to their
insurance agent(s).
PINS notifies
The City of Stockton
that documents have
been submitted and
automatically checks
for compliance.
Agent(s) log into
PINSAdvantage.com
and complete
the insurance
certificate online
A Stockton User
logs into PINS and
emails a request for
insurance to the
Vendor/Contractor
EXHIBIT B
EXHIBIT 2 1675
REV 2017_09_01
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.
Sierra Nevada Street Sanitary Sewer Rehabilitation
Project No. UW18029 (formerly M18029)
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, 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 by the Contractor, their agents, representatives, employees, or subcontractors. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City, at its sole discretion, may purchase the coverage required and the cost will be paid by the contractor.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) 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 $5,000,000 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: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
5. Surety Bonds as described below.
6. Professional Liability (Errors and Omissions) Insurance appropriate to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If Claims-made, see below.
EXHIBIT B
EXHIBIT 2 1676
REV 2017_09_01
Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
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.
Limits of Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis 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 contain, the following provisions:
Additional Insured Status
The City of Stockton, its 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-contributory” and will not seek contribution from the City’s insurance or selfinsurance and shall be at least as broad as CG 20 01 04 13. The City of Stockton does
EXHIBIT B
EXHIBIT 2 1677
REV 2017_09_01
not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City of Stockton as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the City of Stockton, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City of Stockton’s site.
Claims Made Policies – (Note – applicable only to professional and/or pollution liability)
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
EXHIBIT B
EXHIBIT 2 1678
REV 2017_09_01
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City 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 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-insured 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 furnish 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.
EXHIBIT B
EXHIBIT 2 1679
REV 2017_09_01
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 subcontractors, 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 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.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid bond
2. Performance bond
3. Payment bond (or Labor and Material bond)
4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to one hundred percent (100%) of the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
EXHIBIT B
EXHIBIT 2 1680
REV 2017_09_01
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including 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 shall be:
City of Stockton
Attn: City Risk Services
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT B
EXHIBIT 2 1681
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
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 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. 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.
II. 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
EXHIBIT C
EXHIBIT 2 1682
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 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 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 to 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 result 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 nonemployee 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.
EXHIBIT C
EXHIBIT 2 1683
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 m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 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)
EXHIBIT C
EXHIBIT 2 1684
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14
DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
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 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. Physical 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 under 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
EXHIBIT C
EXHIBIT 2 1685
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14
DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
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
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. Making 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.
EXHIBIT C
EXHIBIT 2 1686
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 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 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
EXHIBIT C
EXHIBIT 2 1687
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 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 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 Harassment
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 nonemployees 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
EXHIBIT C
EXHIBIT 2 1688
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14
DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
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 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 nonemployee to cease the conduct.
EXHIBIT C
EXHIBIT 2 1689
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From: HARASSMENT POLICY Effective Date:
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 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
EXHIBIT C
EXHIBIT 2 1690
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 4/6/09
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 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
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Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 11 of 14
DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
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 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 extent 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.
VI. 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
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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, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative 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 to 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)
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CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09
3. 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 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.
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
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CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 14 of 14
DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
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 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:
c:r��SON
CITY MANAGER
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BOND #107605760
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That we, SAK CONSTRUCTION, LLC, a STATE OF MISSOURI
LIMITED LIABLITY COMPANY, as Principal and Travelers cas11a1 tl/ anci s11retll Gomp,my Of America a corporation, organized and existing under the laws of the State of Connecticut and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as ob Ii gee, in the just and full sum of TWO MILLION TWO
HUNDRED NINETY-ONE THOUSAND SEVEN HUNDRED THIRTY-EIGHT AND NO/100 DOLLARS ($2,291,738.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:
SIERRA NEVADA STREET SANITARY SEWER REHABILITATION
PROJECT NO. UW18029 (FORMERLY M18029)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond,
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and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on._LfJ...f/_..54/.,_.H;'-"'¢:,...._ __________ _ APPROVED AS TO SURETY:
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:---------
DEPUTY CITY ATTORNEY
SAK Construction
864 Hoff Road, O Fa on 63366
Travelers Casualty and Surety Company of America
One Tower Square, Hartford, CT 06183
SURETY
ATTORNEY-IN-FACT
Andrew P. Thome, Attorney-in-Fact
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BOND #107605760
BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That we, SAK CONSTRUCTION, LLC, a STATE OF MISSOURI
LIMITED LIABLITY COMPANY, as Principal and Travelers casualty and surety _c_om�p�a_n=y_o_f_Am_e_r_i_c_a ____ � a corporation, organized and existing under the laws of the State of Connecticut and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of TWO MILLION TWO HUNDRED NINETY-ONE THOUSAND SEVEN HUNDRED THIRTY-EIGHT AND NO/100 DOLLARS ($2,291,738.00), in lawful money of the United States of America {being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:
SIERRA NEVADA STREET SANITARY SEWER REHABILITATION
PROJECT NO. UW18029 (FORMERLY M18029)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work 1
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contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on _Y""-1-/.....;;;s-4-/ =.}.;).=..;.__ _________ ---'- APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:---------
DEPUTY CITY ATTORNEY
Travelers
One Tower Square, Hartford,
SURETY
pany of America
06183
By:�/�
ATTORNEY-IN-FACT
Andrew P. Thome, Attorney-in-Fact
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