City Council and Concurrent Authorities
June 14, 2022

September 2020

2. EEO Officer: The contractor will designate and make known to the contracting officers and EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting and active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources
procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability.

The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination.

Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

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7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants / Employees
with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under.

Employers must provide reasonable accommodation in all
employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

FHWA-1273 -- Revised May 1, 2012

10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State DOT’s U.S.

DOT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements.

Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the following:
(1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and nonminority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more.

The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

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Local Assistance Procedures Manual Exhibit 12-G
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IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements.

1. Minimum wages
a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).

Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

FHWA-1273 -- Revised May 1, 2012
(i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

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2. Withholding
The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to DavisBacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.

Whenever the Secretary of Labor has found under 29 CFR

5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals.

Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and FHWA-1273 -- Revised May 1, 2012
current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.
(2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

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4. Apprentices and trainees
a. Apprentices (programs of the USDOL).

Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.

In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
b. Trainees (programs of the USDOL).

Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.

The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.

Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

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8. Compliance with Davis-Bacon and Related Act requirements.

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S.

Department of Labor, or the employees or their representatives.

10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the DavisBacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S.

Criminal Code, 18 U.S.C. 1001.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act.

These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth inparagraph(1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section.

VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime contractor meets all of the following conditions:
(1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract.

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2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions.

3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract.

5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements.

VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible.

Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and
supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL

WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows:

1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.

2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements.

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FHWA-1273 -- Revised May 1, 2012
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

INELIGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200.

1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below.

The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this
transaction for cause of default.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.
* * *

2. Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion – First Tier Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

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2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.

FHWA-1273 -- Revised May 1, 2012
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
* * * * *
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS

FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20).

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

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2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed information of participant is not required to exceed that which is $100,000 and that all such recipients shall certify and disclose accordingly.

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13. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:

The nationwide goal for female utilization is 6.9 percent.

The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:

MINORITY UTILIZATION GOALS
Economic
Area
Goal
(Percent)
174 Redding CA:

Non-SMSA (Standard Metropolitan Statistical Area) Counties:

CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama

6.8 175
Eureka, CA
Non-SMSA Counties:

CA Del Norte; CA Humboldt; CA Trinity

6.6 176
San Francisco-Oakland-San Jose, CA:

SMSA Counties:

28.9 7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo

25.6 7400 San Jose, CA
CA Santa Clara, CA
7485 Santa Cruz, CA
CA Santa Cruz

19.6 14.9
7500 Santa Rosa
CA Sonoma

9.1 8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano

17.1 Non-SMSA Counties:

CA Lake; CA Mendocino; CA San Benito

23.2 177
Sacramento, CA:

SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba

16.1 14.3
178
Stockton-Modesto, CA:

SMSA Counties:
5170 Modesto, CA 12.3
CA Stanislaus
8120 Stockton, CA
CA San Joaquin

24.3 Non-SMSA Counties
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne

19.8 179
Fresno-Bakersfield, CA
SMSA Counties:

19.1 26.1
0680 Bakersfield, CA
CA Kern
2840 Fresno, CA
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CA Fresno
Non-SMSA Counties:

CA Kings; CA Madera; CA Tulare

23.6 180
Los Angeles, CA:

SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA 11.9
CA Orange
4480 Los Angeles-Long Beach, CA 28.3
CA Los Angeles
6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA

21.5 19.0
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA 19.7
CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo

24.6 181
San Diego, CA:

SMSA Counties

16.9 7320 San Diego, CA
CA San Diego
Non-SMSA Counties 18.2
CA Imperial
For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.

14. TITLE VI ASSURANCES
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such EXHIBIT E Page 147 of 152 EXHIBIT 2
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Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

15. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) The CONTRACTOR agrees1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.

2. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.

3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.

Federal Trainee Program Special Provisions
(to be used when applicable)

16. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is .

This section applies if a number of trainees or apprentices is specified in the special provisions.

As part of the prime contractor’s equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.

The prime contractor has primary responsibility for meeting this training requirement.

If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract.

Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.
zero
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Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area.

Before starting work, the prime contractor shall submit to the City/County of Stockton :

1. Number of apprentices or trainees to be trained for each classification

2. Training program to be used

3. Training starting date for each classification
The prime contractor shall obtain the City/County of Stockton approval for this submitted information before the prime contractor starts work. The City/County of Stockton credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program.

The primary objective of this section is to train and upgrade minorities and women toward journeyman status.

The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training.

The prime contractor shall not employ as an apprentice or trainee an employee:

1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman

2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor’s records must show the employee's answers to the questions.

In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City/County of Stockton and FHWA approves a program if one of the following is met:

1. It is calculated to:
 Meet the your equal employment opportunity responsibilities  Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period

2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts
The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program.

The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.

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The City/County of Stockton reimburses the prime contractor 80 cents per hour of training given an employee on this contract under an approved training program:

1. For on-site training

2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and prime contractor does at least one of the following:
a. Contribute to the cost of the training
b. Provide the instruction to the apprentice or trainee c. Pay the apprentice's or trainee's wages during the off-site training period

3. If the prime contractor complies with this section.

Each apprentice or trainee must:

1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill

2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program The prime contractor shall furnish the apprentice or trainee with a copy of the program that the prime contractor will comply with in providing the training
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Appendix E of the Title VI Assurances
(US DOT Order 1050.2A)
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
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• The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

EXHIBIT F Page 152 of 152 EXHIBIT 2
664
1 BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, CONSTRUCTION H, INC., a STATE OF CA 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 FORTY FIVE THOUSAND NINE HUNDRED FORTY SIX AND xx/100 DOLLARS ($245,946.00), 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:

RECTANGULAR RAPID FLASHING BEACON INSTALLATION
PROJECT NO. WT19004/FEDERAL PROJECT NO. HSIPL-5008(185) 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, 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.

EXHIBIT 2
665
2 SIGNED AND SEALED on
APPROVED AS TO SURETY: By

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

JOHN M. LUEBBERKE

OFFICE OF THE CITY ATTORNEY
By

ATTORNEY-IN-FACT
By

DEPUTY CITY ATTORNEY
EXHIBIT 2
666
1 BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:

That we, CONSTRUCTION H, INC., a STATE OF CA 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, 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 FORTY FIVE THOUSAND NINE HUNDRED FORTY SIX AND xx/100 DOLLARS ($245,946.00), 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 of Stockton 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:

RECTANGULAR RAPID FLASHING BEACON INSTALLATION
PROJECT NO. WT19004/FEDERAL PROJECT NO. HSIPL-5008(185) 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 this bond will pay the same, in an amount not exceeding the sum specified in this bond, EXHIBIT 2
667
2 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 ASUNCION

OFFICE OF THE CITY ATTORNEY
By

ATTORNEY-IN-FACT
By

DEPUTY CITY ATTORNEY
EXHIBIT 2
668
City of Stockton
Legislation Text
File #: 22-0401, Version: 1

APPROVE MOTION TO AWARD A SERVICE CONTRACT FOR CITY OF STOCKTON CUSTODIAL

SERVICES

RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Award a multi-year Service Contract through June 30, 2027, in the amount not to exceed $5,147,404.59, to Imperial Maintenance Services, Inc. of Stockton, CA, for City of Stockton Custodial Services, Project No. OM-22-005.

2. Authorize the City Manager to execute two optional one-year extensions to this Service Contract upon completion of the original term, in the amount not to exceed $2,275,148.40, for a total amount of $7,422,552.99.

3. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

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 motion.

Summary
The City contracts for routine and special custodial services for 22 City facilities. The existing Service Contract with JaniTek Cleaning Solutions, Inc. expires on June 30, 2022, with no allowance for further extension.

On December 15, 2021, the City advertised a Request for Proposals (RFP) for City of Stockton Custodial Services, Project No. OM-22-005. Six firms submitted proposals for this project. The Selection Committee evaluated the proposals and found Imperial Maintenance Services, Inc. of Stockton, CA, to be the most qualified and highest ranked firm.

It is recommended that Council approve a motion authorizing the City Manager to execute a multiyear Service Contract in the amount not to exceed $5,147,404.59 with Imperial Maintenance Services, Inc. (Attachment A). Contracted services will begin July 1, 2022, and expire June 30, 2027, with the option of two one-year extensions at the same rate structure. With the optional extensions, the total contract amount is $7,422,552.99. The contract will be funded from Public Works, Community Services, Municipal Utilities, Police, Fire, and Municipal Utilities Departments’ Operating Budgets.

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DISCUSSION
Background
Public Works is responsible for custodial services at various City facilities. City staff provides these services at City Hall and Police facilities. The City does not have the staff resources to provide custodial services at all other City facilities.

The City contracts for custodial services at the following 22 facilities that are not serviced by City staff:
· 400 E. Main Street
· Animal Shelter
· Stewart-Eberhardt Building
· Arnold Rue Community Center
· Emergency Operations Center
· McKinley Community Center
· Oak Park Senior Center
· Siefert Community Center
· Stribley Community Center
· Van Buskirk Community Center
· Corporation Yard
· Merlo Gym
· Cesar Chavez Library
· Fair Oaks Library
· Linden Library
· Margaret Troke Library
· Maya Angelou Library
· Thornton Library
· Municipal Utilities Delta Water Treatment Plant
· Municipal Utilities Water Field Office
· Municipal Utilities Wastewater Plant
· Permit Center
Custodial services for park restrooms are not included, as they are covered in a separate contract with Brightview Landscape Services, Inc. for park maintenance.

On January 24, 2017, by Motion No. 2017-01-24-1205, Council approved a Service Contract with JaniTek Cleaning Solutions, Inc. for City of Stockton Custodial Services, Project No. OM-16-057. The Service Contract, in the amount of $498,000 annually, was for custodial services for a three-year term, which began May 1, 2017, with the option of two one-year extensions. The final contract extension with JaniTek Cleaning Solutions expires on June 30, 2022.

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Present Situation
On December 15, 2021, the City advertised an RFP for City of Stockton Custodial Services, Project No. OM-22-005. On January 5, 2022, a mandatory bid orientation meeting was held. On January 20, 2022, six proposals were received from the following:
· Imperial Maintenance Services, Inc. (Stockton, CA)
· JaniTek Cleaning Solutions, Inc. (Stockton, CA)
· Consolidated Facility Services, LLC (Sacramento, CA)
· Vanguard Cleaning Systems (Lathrop, CA)
· Premier Property Preservation (Los Angeles, CA)
· Margaritas House Cleaning and Janitorial Services, Inc. (Tracy, CA) A Selection Committee comprised of Public Works, Community Services, and Municipal Utilities Departments staff evaluated and ranked all proposals based on each firm’s experience, staff qualifications, quality control, communication, referrals, and cost proposal. Imperial Maintenance Services, Inc. received the highest ranking based on the noted criteria and was determined to be the most qualified firm for this project.

The RFP allowed an option for vendors to include supplying custodial materials with their proposals.

Staff negotiated a fee with Imperial Maintenance Services, Inc. in the amount of $971,284.00 for Fiscal Year 2022-23 to provide both custodial services and supply materials at each facility. Imperial Maintenance Services’ fee to supply materials is comparable to the City’s current expenditures to furnish the products. The contract also provides for an annual fee increase based on Consumer Price Index (CPI) for similar local services in accordance with the Bureau of Labor Statistics and not to exceed three percent in any year.

Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:

1. The City does not have staffing available to perform all the City’s custodial service needs.

2. Use of the RFP process is appropriate for this Service Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service which is in the public interest.

3. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

The recommended motion will approve a multi-year Service Contract, not to exceed $5,147,404.59 with Imperial Maintenance Services, Inc. for City of Stockton Custodial Services, Project No. OM-22- 005. The Service Contract will begin on July 1, 2022, and expire on June 30, 2027, with the option for two one-year extensions by mutual agreement. With the extensions, the total not to exceed contract amount is $7,422,552.99.

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FINANCIAL SUMMARY
The Service Contract with Imperial Maintenance Services, Inc. for City of Stockton Custodial Services, Project No. OM-22-005 is funded from various City department operating accounts and is encumbered on a fiscal year basis.

The funding for these services has been allocated in the various operating budgets (Attachment B) for FY 2022-23. The annual cost includes $30,000.00 in contingencies to cover possible emergency and one-time services, additional monthly services or consumables for existing facilities, and facilities not currently covered in the service contract. Contingency services and consumables will be charged to the respective account as needed. The funding for all future fiscal years will be allocated during the annual budget process.

The overall contract increase from the current provider in FY 2022-23 is 38% ($266,000), including the $30,000 contingency for items previously discussed. The greatest impact, dollar for dollar, will be to the General Fund as the majority of the costs reside in Public Works’ operating budget, which holds 65% of total contract expenditures.

Attachment A - Service Contract with Imperial Maintenance Services, Inc.

Attachment B - Financial Breakdown with Baseline Contract Attachment C - Financial Breakdown with Optional Contract Extensions City of Stockton Page 4 of 4 Printed on 6/8/2022
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CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of   between Whe CITY OF STOCKTON, a municipal corporation (“CITY), and IMPERIAL MAINTENANCE SERVICES, INC. a STATE OF CALIFORNIA CORPORATION, with a business address at 8830 CHERRY HILLS PLACE, STOCKTON CA 95209, hereinafter called "CONTRACTOR.," THIS CONTRACT is for the IMPERIAL

MAINTENANCE SERVICES FOR THE CITY OF STOCKTON CUSTODIAL SERVICES (PROJECT NO. OM-22-005), hereinafter referred to as “SERVICE”.

RECITALS
A. CONTRACTOR represents that it is licensed in the State of California and is qualified, willing and able to provide the services proposed in the SCOPE OF WORK section of this Contract.

B. CONTRACTOR represents that it is registered pursuant to Labor Code Section 1725.5 and will register annually with the Department of Industrial Relations, if the services have a wage determination for the services outlined in the SCOPE OF WORK section of this Contract.

C. CONTRACTOR represents that it will pay all required prevailing wages under California Labor Code for all services provided that have a wage determination.

D. CITY finds it necessary and advisable to use the services of the CONTRACTOR for the purposes provided in this Contract.

NOW THEREFORE, in consideration of the mutual promises, covenants and conditions in this Contract, CITY and CONTRACTOR agree as follows:

1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall undertake and complete the services described in Exhibit A (scope and specifications). CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. CONTRACTOR agrees that it shall provide fully complete services including all labor, materials, tools, equipment and insurance required and that are acceptable to the CITY.

2. COMPENSATION. CITY shall pay CONTRACTOR for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B (fee schedule), which is attached to this Contract and incorporated by this reference.

CONTRACTOR agrees this fee is for full remuneration for performing all services and furnishing all staffing, materials and tools called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of CONTRACTOR’S invoice for completed work. Total compensation for services and

IMPERIAL MAINTENANCE SERVICES,
PROJECT NO. OM-22-005

ATTACHMENT A

673
reimbursement for costs shall not exceed $
or as otherwise mutually
agreed to in a Contract Change Order.

Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
a. Invoices submitted by CONTRACTOR to CITY must contain a brief description of work performed, location of work, time used, materials and special equipment and City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
b. Upon completion of work and acceptance by CITY, CONTRACTOR shall have sixty (60) days in which to 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. CITY shall have no obligation or liability to pay any invoice for work performed which CONTRACTOR fails or neglects to submit within sixty (60) days, or any extension thereof granted by the CITY, after work is accepted by CITY.

3. INSURANCE. During the term of this Contract, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached ([KLELW&
,QVXUDQFH5HTXLUHPHQWVDQG)RUPV
which is
attached to this contract and incorporated by this reference, and shall otherwise comply with the other provisions of ([KLELW & Maintenance of proper insurance coverage is a material element of this contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.

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 ([KLELW &, 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. 2016-09-27-1213, 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. 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

IMPERIAL MAINTENANCE SERVICES,
PROJECT NO. OM-22-005

ATTACHMENT A

674
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. CONTRACTOR further agrees to include these same provisions with any subcontractor regardless of tier. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The CONTRACTOR shall require all Subcontractors 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

IMPERIAL MAINTENANCE SERVICES,
PROJECT NO. OM-22-005

ATTACHMENT A

675
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 CITYS liability, breach of this Agreement, or other obligation or fault has been determined. CONTRACTOR shall be immediately obligated to pay for CITY’S defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal. At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the CITY, CITY will then reimburse 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,

IMPERIAL MAINTENANCE SERVICES,
PROJECT NO. OM-22-005

ATTACHMENT A

676
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.

CONTRACTOR’S obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Contract for CONTRACTOR to procure and maintain a policy of insurance.

CONTRACTOR/Subcontractor's 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.

If any section, subsection, sentence, clause or phrase of this indemnification is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this indemnification.

5. SCHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on June 30, 2027, unless extended by mutual agreement through the issuance of a Contract Change Order. This contract provides for two (2), one (1) year extensions at the same rates and terms as outlined in Exhibit A and Exhibit B.

6. CONFORMANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits 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

IMPERIAL MAINTENANCE SERVICES,
PROJECT NO. OM-22-005

ATTACHMENT A

677
The City of Stockton has a Discrimination and Harassment Policy

([KLELW '
. 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 Director of Department of Industrial Relations of the State of California has determined the general prevailing raand 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 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

IMPERIAL MAINTENANCE SERVICES,
PROJECT NO. OM-22-005

ATTACHMENT A

678
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 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.

7. 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

IMPERIAL MAINTENANCE SERVICES,
PROJECT NO. OM-22-005

ATTACHMENT A

679
by the Project Manager to be necessary or advisable and to require such extra work as may be determined by the Project Manager to be required for the proper completion of the whole work contemplated.

Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.

8. RIGHTS AND DUTIES OF CITY. CITY shall make available to CONTRACTOR all data and information in the possession of CITY which both parties deem necessary to complete the work, and CITY shall actively aid and assist CONTRACTOR in obtaining such information as may be deemed necessary from other agencies and individuals.

9. OBLIGATIONS OF CONTRACTOR. Throughout the term of this Contract, CONTRACTOR represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the CONTRACTOR to practice its professions, and CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals CONTRACTOR shall meet with the Public Works Director or other personnel of CITY or third parties as necessary on all matters connected with the carrying out of CONTRACTOR’S services. Such meetings shall be held at the request of either party hereto. CONTRACTOR further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

10. TERMINATION. This Agreement is effective on the Effective Date. The City may terminate this Contract and work pursuant to any of all scope of works at any time by mailing a notice in writing to Contractor. The Contract shall then be deemed terminated and no further work shall be performed by Contractor. If the Contract is so terminated, the Contractor shall be paid for that percentage of work actually completed at the time the notice of termination is received.

11. CONTRACTOR STATUS. In performing the obligations set forth in this Contract, CONTRACTOR shall have the status of an independent contractor and CONTRACTOR shall not be considered to be an employee of the City for any purpose.

All persons working for or under the direction of CONTRACTOR are its agents and employees, and are not agents of the CITY. Subcontractors shall not be recognized as having any direct or contractual relationship with the CITY. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The

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CONTRACTOR is responsible to the CITY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contract 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.
i. It is further understood and agreed that CONTRACTOR must issue W2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR’S personnel.
ii. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against the CITY based upon any contention by any third party that employeremployee relationship exists by reason of this Contract.

12. ASSIGNMENT. CONTRACTOR shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the CITY, and then only upon such terms and conditions as CITY may set forth in writing.

CONTRACTOR shall be solely responsible for reimbursing subcontractors.

13. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.

14. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To CONTRACTOR: Imperial Maintenance To City: Public Works Director Services, Inc. City of Stockton
8830 Cherry Hills Place 22 E. Weber Ave.,
Stockton, CA 95209 Rm. 301
Stockton, CA 95202

15. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the CITY’S execution of this Contract and prior to the CONTRACTOR engaging in any operation or activity set forth in this Contract, CONTRACTOR shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. CONTRACTOR covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.

16. RECORDS AND AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Contract. Upon

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request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.

CONTRACTOR agrees that CITY or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested, and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract.

CONTRACTOR agrees to maintain such records for a period of three years from the date that final payment is made.

17. CONFIDENTIALITY. CONTRACTOR shall exercise reasonable precautions to prevent the unauthorized disclosure and use of CITY’S reports, information, or conclusions.

18. CONFLICTS OF INTEREST. CONTRACTOR covenants that other than this Contract, CONTRACTOR has no financial interest with any official, employee, or other representative of the CITY. CONTRACTOR and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of CONTRACTOR’S services under this Contract. If such an interest arises, CONTRACTOR will immediately notify CITY.

19. WAIVER. In the event either CITY or CONTRACTOR at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.

20. GOVERNING LAW. California law shall govern any legal action pursuant to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

21. DISPUTE RESOLUTION. Prior to undertaking any litigation, the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between senior managers of each Party having authority to resolve the dispute.

1. Venue
Any controversy or claim between the Parties shall be determined with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

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2. If any litigation action or proceeding is commenced in connection with this Agreement, the prevailing Party, as determined by the court, shall be entitled to reasonable attorneys' fees (including allocated costs for inhouse legal services), costs and necessary disbursements incurred in such action or proceeding.

22. NO PERSONAL LIABILITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY or for any amount due CONTRACTOR.

23. INTEGRATION AND MODIFICATION. The response by CONTRACTOR to the Request for Proposals or Qualifications and the Request for Proposals or Qualifications on file with the CITY are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals or Qualifications. This Contract represents the entire integrated agreement between CONTRACTOR and CITY, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by CONTRACTOR and CITY. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.

25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. //
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26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.

IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.

CITY OF STOCKTON IMPERIAL MAINTENANCE SERVICES
By: By:

HARRY BLACK Signature

CITY MANAGER
ATTEST:

Print Name
By:

ELIZA R. GARZA, CMC Title:

CITY CLERK
APPROVED AS TO FORM:

By:

DEPUTY CITY ATTORNEY
Signature
Alfons Solis
CEO

ATTACHMENT A

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REQUEST FOR PROPOSALS
FOR

CUSTODIAL SERVICES
PROJECT NO. OM-22-005
Issued by:

City of Stockton
Public Works Department, Operations and Maintenance
1465 South Lincoln Street
Stockton, CA 95206
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December 15, 2021
'DWH3URSRVDOV 'XH
Thursday, January 13, 2022, by 3:00 pm
/$7(68%0,77$/6 :,//127 %( $&&(37('

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1.0 INTRODUCTION
The City of Stockton (City) is seeking proposals from qualified janitorial firms (Contractor) to provide custodial services at various City facilities. Service locations include City administrative buildings, public recreation facilities, and public libraries. The City intends to select a Contractor who is registered and licensed in the State of California to provide for a clean and sanitary environment for City employees and members of the public. The Contractor will be required to have qualified staff with demonstrated experience in janitorial work. Proposals will be reviewed and ranked on company experience, staff qualifications, communication, references, cost proposal, and other relevant information.

Once negotiated, the City will award a Service Contract for a term of five (5) years.

2.0 BACKGROUND INFORMATION
The City’s Public Works Department is responsible for custodial services at City facilities.

City staff provide these services at City Hall and Police Department locations, and contracts services at 23 additional City-owned or occupied facilities/locations. The City seeks proposals from qualified firms to establish an agreement for custodial services that meets the requirements set forth in this Request for Proposals (RFP).

3.0 RFP INFORMATION

3.1 Description
They City of Stockton is soliciting proposals for Custodial Services, Project No.

OM-22-005. Selection of a Contractor involves a competitive negotiation process.

Qualified individuals, firms, contractors, consultants, or entities which meet the requirements set forth in this RFP are encouraged to participate.

The City considers this to be an outcome-based RFP. Generally, determinations for specific frequencies of service will be at the discretion of the Contractor. There are exceptions which are clearly noted throughout this document and the associated attachments. The interview process will be used to discuss contractor decisions regarding frequencies of service and their effect on pricing and outcomes. The City must agree that the proposed frequencies of service will result in desired outcomes. Please note: The final contract will be based on the outcome and not the proposed frequencies of service.

Base bids are for work described throughout this document. Items to be considered “Additional Services” have also been identified within this RFP. The Contractor is to provide rates and fees for additional services related to labor and applicable equipment or supplies as outlined in the bid documents.

3.2 Tentative Schedule
The following is the tentative schedule for this RFP. Any changes in the scheduled dates for the Pre-Proposal Conference, Deadline for Final Questions or Proposal

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Submission Deadline will be advertised on BidFlash in the form of an addendum to this RFP. The schedule for the evaluation process and other future dates may be adjusted without notice.

RFP Release by the City 12/15/2021
Pre-Proposal Conference and Job Walk 1/5/2022
Deadline for Final Questions 1/6/2022
City Reponses to Questions 1/7/2022
Proposal Submission Deadline 1/13/2022
Contractor Interviews as Needed Week of 1/24/2022
Contract Approval and Execution by City
Council and City Manager Spring 2022

3.3 Pre-Proposal Conference and Job Walk Registration
The mandatory pre-proposal conference will start at the Cesar Chavez Central Library at 605 N. El Dorado St., Stockton, CA 95202 at 9:00 AM on Wednesday, January 5, 2022. The pre-proposal conference will take place in the library’s Stewart Hazelton Meeting Room. Site visits will include the Cesar Chavez Library, Stewart Eberhardt Building, and Stribley Community Center. Transportation between facilities will not be provided by the City. Please notify Cristina Pfeffer at (209) 937-8954 or [email protected], by January 4, 2022, to register for participation in the pre-proposal conference and job walk.

3.4 Selection Process
Contractors that have submitted the best and most complete proposals may be invited to an interview. The number of Contractors invited to an interview may vary depending upon the number of proposals submitted. The Contractor’s proposed supervisor(s) of work to be performed may be required to attend.

The City reserves the right to make a selection after review of the proposals without oral interviews; therefore, the proposal should be submitted initially on the most favorable terms that the Contractor might propose.

A Service Contract will be negotiated with the Contractor considered best meeting the City’s need for this project. In the event a mutually satisfactory contract cannot be negotiated with the City’s first choice, negotiations may be terminated and commenced with the Contractor considered next best in meeting the City’s needs for this particular project.

The selected Contractor will be required to execute a City-prepared contract. The contract may further refine the scope of services and will provide for the terms and conditions of employment.

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The award of any contract is expressly contingent upon City Council approval and the availability of funds.

The City reserves the right to reject any or all proposals, or to waive minor irregularities in said proposals, or to negotiate minor deviations with the successful Contractor(s). In the case of a difference in unit price versus the extended figure, the unit price shall govern.

4.0 SCOPE OF SERVICES

4.1 Standards of Service
All City facilities included in this Contract shall be maintained in accordance with the City of Stockton Custodial Standards, attached as Attachment D. The Contractor shall provide routine, scheduled and emergency custodial services by qualified personnel. The Contractor must provide vehicle(s) to be used by the Contractor’s staff, which shall display the Contractor’s logo and have the various, necessary equipment to conduct these services.

The Contractor must possess, and have readily available in functioning order, all required tools, equipment, apparatus, materials and supplies needed to perform all work necessary to maintain facilities in compliance with standards set by the Public Works Department. All excess materials and equipment in the Contractor’s inventory shall be the property and responsibility of the Contractor until such materials or equipment are used in City facilities.

4.2 Additional Services
The City has the authority to direct additional and extra work, including but not limited to, work to address vandalism, City initiated improvements, various event functions, service for City-owned sites not requiring routine service, and the addition of new sites. Additional Services outside the Facility Scope, attached as Attachment C, and/or the Custodial Standards (Attachment D) will require written approval from the City prior to the commencement of work. Costs for additional services completed by the Contractor prior to receiving written approval from the City shall be the responsibility of the Contractor.

The City recognizes the inherent complexity of “services,” “standards” and building an agreement that covers every potential scenario. Below is a list of additional items that the City will deem as “Additional Services.” Items may be added or deleted through the negotiation process.

A. Graffiti Removal
B. Additional kitchen cleaning due to facility rentals
C. Exterior walls in excess of 10 feet high
D. Hourly janitorial needs for special events and clean up

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E. Carpet or cleaning services at City facilities not receiving normal custodial services (e.g., Fire Stations, City Hall, Police Department, etc.) F. Electrostatic spraying of areas needing decontamination for COVID prevention measures

4.3 Special Instructions
A. ONLY Contractor’s employees allowed on the premises.

B. All cleaning products shall be approved by the City prior to use by Contractor.

C. Contractor shall maintain onsite and up-to-date sets of Safety Data Sheets (material safety and data sheets) for all chemicals and cleaning products used at each site. This shall be subject to City inspection and shall be considered property of the City.

D. The City shall provide lockable storage for Contractor supplied cleaning materials.

E. Contractor shall maintain all cleaning materials inside lockable storage containers when not in use.

F. Contractors will report hazardous conditions and items beyond minor repair to Facilities Supervisor, or designee, for correction within eight (8) hours of service via the City’s computerized maintenance management system (CMMS).

G. Contractors will report all vandalism, graffiti, and non-functional components within 8 hours of discovery via the City’s CMMS.

H. Contractors will not be responsible for the removal of graffiti if effort above and beyond normal cleaning routines is required. All graffiti should be photographed prior to removal. Photographs shall be submitted to the City designee within 8 hours of discovery. If graffiti cannot be removed during the normal course of cleaning, the City shall be notified within eight (8) hours of discovery via the City’s CMMS.

I. Appropriate cleaner shall be used so as to not damage window tinting.

J. At all times, personnel shall wear uniforms with exposed photo ID tags, or they shall not be permitted to enter the premises.

K. All Contractor’s employees responsible for opening and closing City facilities shall be properly capable of setting/operating fire and burglar alarm systems.

Contractor will be responsible for costs incurred if alarm systems are not properly operated and/or staff is called out to respond.

L. Contractor shall be in accordance with OSHA Standard #1910.1030 regarding worker exposures to blood-borne pathogens.

M. Removal of recyclable waste from City premises for the purpose of personal or Contractor gain shall be considered theft.

N. The City reserves the right to have Contractor remove from assignment to City facilities such Contractor employees deemed incompetent, careless, insubordinate or in any way objectionable, or any personnel whose actions may be contrary to the public interest or inconsistent with the best interests of the City.

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O. Items found or left behind by patrons are to be turned in to the designated facility supervisor.

P. Contractor shall maintain janitorial closets and City-provided storage areas in a clean and orderly condition.

Q. All personal workspaces, cubicles and offices shall be maintained in accordance with the Custodial Standards unless specifically indicated by a “DO NOT CLEAN” sign placed in a conspicuous location such as a door, window, office chair or desktop.

R. Contractor shall not move any loose papers, books, other seemingly workrelated material from personal workspaces such as desktops, bookcases, or armoires.

S. Contractor shall not be required to remove the belongings of or interact with any loiterers or “homeless” members of the public in order to complete the provisions of this contract.

T. Contractor shall contact the City’s representative to report loitering, or “homeless encampment” belongings which interfere with their assigned work.

U. Contractor shall handle universal waste in accordance with the City’s universal waste program.

4.4 Consumable Supplies
The Contractor shall supply, at the City’s expense, and with a predetermined markup, the following consumable supplies:

A. Paper toilet products (tissue and seat covers)
B. Paper hand towels
C. Liquid hand soap
D. Restroom air freshener
E. Urinal blocks/deodorizers
F. Bags or another container to be placed in receptacles for feminine sanitary product waste
G. Liquid hand sanitizer
The City reserves the right to purchase these consumable supplies elsewhere and supply them to the Contractor.

4.5 Inspections
The City and Contractor shall jointly conduct monthly quality of service inspections of facilities maintained by the Contractor. The City reserves the right to conduct additional independent inspections without the Contractor present. City of Stockton Custodial Standards (Attachment D) shall be used as a basis for all inspections.

4.6 Carpets and Spots
Any spot or stain on carpet smaller than one (1) square foot shall be dealt with during routine service. Any spot or stain on carpet larger than one (1) square foot

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shall be dealt with via a scheduled extraction. The scheduled service shall be jointly agreed upon by the facility’s supervisor and the Contractor. In the event that a service date and time cannot be agreed upon, the service will be determined by the Contract Administrator or their designee.

Any spot or stain on upholstered furniture smaller than four (4) square inches shall be dealt with during routine services. Any spot or stain on upholstered furniture larger than four (4) square inches shall be considered Additional Services and billed and paid as such.

5.0 CONTRACT ADMINISTRATION

5.1 Term of Service
The term of the Service Contract shall be effective 30 days from the date of contract execution and shall remain in full force and effect for a period of five (5) years, beginning July 1, 2022, through June 30, 2027. The City may terminate this Service Contract at any time if the Contractor fails to perform in accordance with the Scope of Work, Custodial Standards and terms and conditions of the contract, provided that 60 day prior written notice is given to the Contractor.

Goods and/or services shall not be suspended by the Contractor without 30-day prior written notice to the City’s designated Contract Administrator.

5.2 Inspection Problem Resolution Process
The City will regularly inspect the Contractor’s work and rate it according to the City of Stockton Custodial Standards. Contractor will be paid for work rated “meets standards.” Contractor will not be paid for work rated “below standard,” or for remedial required to improve such a rating if attributed to neglect on the part of the Contractor, until conditions are improved. City staff will work closely with Contractor’s representatives to achieve the results described in the standards.

However, responsibility for meeting standards rests with the Contractor.

The Contractor shall be responsible for maintaining City facilities in accordance with the Custodial Standards, the cost of which shall be included in the base bid, unless otherwise called out as “Additional Services” in this RFP.

During the first three (3) months of the contract, the Contractor will inspect the sites weekly and discuss inspections with the City. This process and time frame will allow for the Contractor to understand the site issues enough to proceed. Following this period, the Contractor shall continue performing weekly quality assurance inspections. Based upon performance, and at the Contractor’s request, the City reserves the right to adjust the quality assurance schedule and extend the time between inspections.

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The Contractor will provide electronic versions of the weekly inspections to the City within two (2) days of inspection completion. An action plan with deadlines must be provided to the City to indicate when corrections will be made if an area is deemed “below standard.” Failure to turn in inspections may result in monthly payment being withheld until inspections are submitted.

For any site that fails to meet City standards as a result of some action that is the Contractor’s responsibility, the Contractor is to notify the City immediately and develop a plan to bring the site back into compliance with standards. Should the City discover a site(s) that does not meet City standards, and the City has not been notified by the Contractor, the Contractor will be put on notice in writing to bring the site back into compliance. The following penalty will result:

A. The monthly payment for the specific site(s) will be withheld by the City until the site is compliant with City standards.

B. If compliance is reached within 48 hours of notice, the City will release one hundred percent (100%) of the payment.

If the City has to notify the Contractor a second time for noncompliance at the same site within 12 months of the initial notice, the following penalty will occur:

A. The City will withhold the monthly payment for the site. If compliance is reached within 48 hours of notice by the City, the City will release 80% of the payment, retaining 20% as a penalty.

For purposes of penalties, the “site” referred to in this section shall be the facility in which the deficiency has occurred. The percentage withheld will be in relation to the site’s monthly payment of this contract.

The parties will observe the following progressive resolution process:

A. Written notice of the problem.

B. Field conference with the inspector/Contractor’s field representative to identify the problem and agree on a solution as presented by the Contractor.

C. Conference between City’s Contract Administrator and Contractor’s representative.

D. Imposition of penalties and/or correcting defect at Contractor’s cost.

E. Termination of Service Contract.

5.3 Work Hours
Scheduled services shall typically occur during “cleaning hours” designated by the Facility Scope (Attachment C) for each listed facility/location. The Contractor shall conduct the work at all times in a manner which will not interfere with normal recreation programs and/or facility use. Any modification to the hours and days of

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custodial services as requested by the Contractor is subject to approval by the City.

The City reserves the right to modify, add or lessen hours at any time. Should the City decide to request additional service hours, the City will notify the Contractor via change order prior to the service hours being added.

5.4 Safety
Safety provisions shall conform to Cal-OSHA Safety Orders, and all other applicable federal, state, county and local laws, ordinances, codes and regulations in performing the work under this contract. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions shall not relieve it from compliance with the obligations and penalties set forth therein.

The Contractor shall develop and maintain for the duration of the contract a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program. The Contractor shall submit a copy of this safety program along with proof of training to the City within 30 days of entering into this contract, and upon City request for the duration of the contract.

5.5 Response Time
Contract supervision shall be immediately available at all times Contractor employees are working onsite and must be available 24 hours a day via telephone.

The Contractor must respond to a major discrepancy in the contract within one (1) hour of initial contact. All non-urgent communications shall be returned within the same working day.

5.6 Contractor’s Employees
The Contractor and its employees represent the City in the performance of their work. Only Contractor’s employees or subcontractors are allowed on City premises where work is being performed. At all times, personnel shall wear uniforms.

Contractor’s employees and subcontractors shall not smoke tobacco in any City park and within 20 feet of any public building.

5.7 Employer Provided Uniforms
The Contractor shall provide each of its employees with uniforms and photo ID cards. Uniform apparel shall be kept neat, clean and in good repair. All uniforms shall include the Contractor’s name and logo.

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5.8 Locks and Keys
The Contractor shall be responsible for the series of keys assigned to it and shall assign these keys to its personnel for use in maintaining the facilities. The Contractor shall properly use and keep safe all keys or locks issued by the City to the Contractor. The Contractor shall report all lost or stolen keys or locks to the City within 24 hours of discovery. The Contractor shall reimburse the City for the total cost of re-keying or replacement keys/locks that have been lost. Upon termination or cancelation of the contract, the Contractor shall immediately return all keys, cards, remotes, etc. to the City. The Contractor shall reimburse the City for the total cost of lost items.

5.9 Refuse Disposal
Disposal of refuse must be placed inside a dumpster serviced by the City of Stockton.

5.10 Recyclable Waste
Shall be placed in marked recyclable waste containers provided and serviced by the City of Stockton.

5.11 Service Requests
In addition to service requests submitted by the Contract Administrator, the Contractor shall routinely monitor the City’s CMMS for work order assignments no less than once per business day. Upon receipt of service request via CMMS, the Contractor will contact the Contract Administrator for work authorization with a proposed date, time and cost (if applicable).

5.12 Reporting via CMMS
The Contractor shall use the City’s CMMS to report vandalism, lighting issues, accumulation of Universal Waste, or other work orders for City staff as directed.

5.13 Staffing, Workmanship and Quality Level
The Contractor shall provide a staffing level to perform custodial services at City facilities in a thorough and professional manner, so that the City is provided with reliable and high-quality custodial services at all times. The Contractor shall provide management and technical supervision through competent supervisors as required. The Contractor shall be responsible for skills, methods, and actions of all employees, subcontractors, and for all work done. All frontline janitorial staff shall have a basic level of speaking and understanding English in order to accept basic instructions during dangerous or emergency circumstances. Contractor shall provide management and supervision who can fluently speak, read, and write English to effectively communicate with City staff.

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5.14 Service Locations
See City of Stockton Custodial Base Pricing Sheet, attached as Attachment E, or the Facility Scope (Attachment C) for service locations.

5.15 Equipment
The Contractor shall furnish and maintain all equipment necessary for properly servicing and maintaining the Custodial Standards in City facilities. Failure to provide suitable equipment for carrying out all requirements of this contract may be grounds for contract termination.

5.16 Emergency Situations
For medical or public safety emergencies occurring at City facilities, call 911. For all building maintenance emergencies (water leaks, etc.) contact the Public Works Supervisor or designated staff to report the issue immediately (24 hours/day).

5.17 Contract Administrator
During the performance of the contract the City will be represented by the Facilities Manager, (209) 937-5069, and/or Contract Administrator, (209) 937-8954.

5.18 Additions and Deletions to Contract
The City currently requires custodial services for all the locations listed in this RFP and reserves the right to either add or delete locations as conditions warrant. Cost of additional locations shall be the same base rate relative to supplied square footage.

5.19 Continued Use of Facilities
The facilities being serviced by this contract will continue to be occupied during the contract. Work shall be performed in an orderly manner with minimum disturbance and inconvenience to the occupants. The Contractor shall confine and limit its personnel to only those areas required in performing the work.

6.0 PROJECT GENERAL INFORMATION

6.1 Proposal Submissions
Costs for developing proposals are entirely the responsibility of the Contractor and shall not be chargeable in any way to the City. All materials submitted become the property of the City.

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An electronic copy of the proposal shall be submitted no later than 3:00 pm on Thursday, January 13, 2022, to the following email addresses:

[email protected]
[email protected]
The cost proposal must be a separate electronic document labeled “Cost Proposal,” with project name and number.

The subject line of the email shall include: CUSTODIAL SERVICES, Project No.

OM-22-005. Late proposals will not be accepted.

6.2 Acceptance or Rejection of Proposal
The City reserves the right to negotiate an agreement with the firm submitting the highest-ranking proposal. Also, the City reserves the right to reject any and all proposals or to waive any irregularity in a proposal if it is deemed to be in the best interest of the City. Failure to submit all requested information could be grounds for rejection of the proposal.

6.3 Proposal Questions and Requests for Clarification
Any questions or requests for clarification shall be submitted via email to:

[email protected]
Requests for clarification shall be submitted by Thursday, January 6, 2022, at 3:00 pm. If a response warrants an addendum to the RFP, such addendum will be posted on BidFlash at least two days prior to the proposal due date. It is the proposer’s responsibility to check the website for any addendums or responses to questions. The website address is as follows:
http://www.stocktongov.com/services/business/bidflash/pw.html?dept=Public Wo rks

6.4 Causes for Disqualification
Any of the following may be considered cause to disqualify a proponent without further consideration:

A. Evidence of collusion among proponents.

B. Any attempt to improperly influence any member of the evaluation panel.

C. Any attempt to communicate in any manner with a City of Stockton elected official during the RFP process will, and shall be, just cause for disqualification of proponent’s proposal and considered non-responsive.

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D. A proponent's default in any operation of a professional services agreement which resulted in termination of that agreement.

E. Existence of any lawsuit, unresolved contractual claim, or dispute between proponent and the City.

F. No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services, or both, provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section 3.68.120 of the Municipal Code.

G. Any exceptions to the insurance requirements may result in declaring a proposal non-responsive.

6.5 Licensing Requirements
Any professional certifications or licenses that may be required are the sole cost and responsibility of the successful proposer.

Contractor is not required to have a business license to submit a proposal. The Contractor selected to perform this work must obtain a City of Stockton business license prior to a purchase order being issued and maintain this license throughout the duration of the Contract.

The successful proposer and any subcontractor(s) shall provide copies of all valid licenses and certificates required for performance of the services being bid upon.

The copies shall be emailed or delivered to the City of Stockton no later than ten (10) days after the Contractor receives notice of award from the City of Stockton.

Current copies of licenses and certificates shall be provided to the City of Stockton within 24 hours of demand at any time during the contract term.

City of Stockton Business License Customer Service can be reached at (209) 937- 8313, or [email protected].

6.6 Insurance Requirements
The proposer must obtain and maintain the required insurance. Proposer should review Attachment A, Instructions to Vendors, for information regarding insurance, indemnification, Disadvantaged Business Enterprises, prevailing wages, etc.

Failure to comply with the Instructions to Vendors may be grounds for rejection.

6.7 Department of Industrial Relations
Registration with the California Department of Industrial Relations is required for this project. Please refer to Attachment A, Instructions to Vendors, for registration requirements.

ATTACHMENT A

EXHIBIT A

697

6.8 Start of Work
The selected firm shall be expected to begin work within 30 days of contract signing and complete services according to the Scope of Services (Section 4.0) and Custodial Standards at the locations listed in the Facility Scope and Custodial Base Pricing Sheet at frequencies proposed by Contractor.

6.9 Product Ownership
Any documents resulting from the performance of work in the contract will become property of the City. This includes all work performed by subcontractors.

7.0 REQUIRED PROPOSAL CONTENT
The proposal shall be no more than 50 pages, with a minimum font size of 12.

Proposer shall submit one electronic copy of the proposal and a separate electronic document with the cost proposal.

Proposals must include narrative responses to the following:

7.1 Introduction
Briefly introduce the proposal, including a statement of the firm’s approach to providing custodial services to the City. Provide the name of the company, address, email, telephone number and name of the appropriate contact person.

Describe any subcontract arrangements or licensing agreements.

7.2 Statement of Qualifications/Responsiveness
Describe your firm and provide a statement of your firm’s qualifications for performing the requested services. Detail any involvement, past or current, relative to litigation or other disputes, if any, concerning your performance with any clients to whom your company has provided services. List all contracts canceled or not extended. State any and all instances of being disqualified, removed or otherwise prevented from completing the terms of any previous contracts over the past five (5) years. Give names, street addresses, and phone numbers, and explain the circumstances. Identify the services which would be completed by your firm’s staff and those that would be provided by subcontractors, if any. Identify any subcontractors you propose to utilize to supplement your firm’s staff. Include the firm’s organization chart, including its constituent parts, and size variation of staffing levels in the past five (5) years.

7.3 Experience and References
Include a summary of your firm’s experience in providing these or similar services.

Provide a minimum of three (3) references for projects or services similar in nature and scope completed within the last five (5) years. Include brief descriptions of the contracts, dates, client names and contact persons’ names, addresses, and

ATTACHMENT A

EXHIBIT A

698
telephone numbers. Public sector references are preferred. No City of Stockton elected or appointed officials, or employees may be provided as a reference for this proposal.

7.4 Resources and Service Description
Provide a detailed discussion of your firm’s approach to the successful implementation of this project. Include a comprehensive description of the resources and methodology that will be used to complete each element of the requested services.

7.5 Quality Control
Include a comprehensive description of your firm’s vision of customer service, quality assurance and quality control for the work being proposed. Describe the steps your company takes to ensure that each person’s role in your firm is understood as it relates to exceptional customer service and quality, not only to the City, but to the residents and visitors served by the City.

7.6 Staffing Process and Project Team
Include a work plan describing how your firm will regularly staff and supervise the contracted services. Describe the qualifications of the Project Manager and any other key personnel related to the project. Provide an overview of staff training programs, including information on the certifications maintained by the project team. Demonstrate the ability of the project team to perform the proposed work within the time limits of the required services, considering their current and projected workload and assignments. Discuss the availability of a supervisor and contingency plans when unavailable.

7.7 Liability Issues
Describe how your firm handles damage and theft claims.

7.8 Logistics
Describe where your firm is based, where it will store materials, and how your firm will make available the equipment and materials needed to perform all work.

7.9 Chemicals
List the chemicals proposed for use in this Contract. Describe how each will be used and methods used to comply with Local, State, and Federal laws and regulations.

7.10 Environmentally Preferable Procurement
Describe how your selection of materials and processes will best meet the intentions of the City’s Directive FIN-35 Environmentally Preferable Procurement Policy (Attachment G).

ATTACHMENT A

EXHIBIT A

699

7.11 Carpets and Upholstered Furniture
Describe how your firm proposes to handle carpet and upholstered furniture cleaning, care, and stain extraction. Please describe how spots are to be removed, frequencies for cleanings and your proposed timeframes.

7.12 Frequencies
Provide and discuss your proposed frequencies for each task associated with obtaining the desired outcomes. Please include expected production hours per task and per facility to obtain the desired outcomes in accordance with the City’s Custodial Standards (Attachment D).

7.13 Billing/Invoicing
Describe your firm’s billing and accounting system, as it will relate to this Contract.

Describe your capability to customize invoices to meet the City’s needs. Attach samples of your firm’s billing forms and invoices.

7.14 Reports
Discuss management reports and quality assurance methods and their frequency.

Emphasize how you would customize reports for the City that will show work accomplished, labor hours, and materials consumed by each site. Attach sample reports.

7.15 Computerized Maintenance Management System
Describe how your firm has worked within a customer-provided computerized maintenance management system for tracking assigned work orders and resource planning.

7.16 Cost Proposal
A. Base Bid Prices: Base bid prices shall include everything necessary for the completion of and fulfillment of the Contract, including but not limited to, furnishing all transportation, materials, equipment and all management, supervision, permits, labor, and services for each provided Facility Scope (Attachment C), unless otherwise identified as “Additional Work” within this document. Proposal prices shall include all applicable federal, state and local taxes.

Individual annual costs are to be submitted for each facility and grouping of facilities listed on Attachment E, Custodial Base Pricing. The basis of payment shall be on a monthly fixed price for services, unless otherwise agreed to in writing by the City.

The Contractor must agree to perform the described work for the prices indicated in its proposal and markup stipulated in the contract or as negotiated

ATTACHMENT A

EXHIBIT A

700
by the City for the life of the contract. At the request of the Contractor, City, and Contractor will meet and revise prices annually to be effective for the next contract year in December of each year. This increase request shall be in accordance with consumer price index (CPI) for similar services in Stockton, California, according to the Bureau of Labor Statistics and shall not exceed 3% in any one year. The City agrees to adjust payments to reflect changes in work quantities and to pay for new work assigned to the Contractor at the contract rates then in effect. The City will only award a Service Contract if the cost of the agreement is at or below the approved funding allotment for specific facilities and funding sources.

Contractor is encouraged to attend the pre-proposal conference and job walk to inspect areas prior to submitting proposal in order to be fully aware of the scope of services required. Failure to do so will not relieve the successful proposer from performing in strict accordance with the specifications at no additional cost to the City.

B. Material and Supply Pricing: The proposal shall include the Contractor’s percentage markup on consumable supplies over its cost. This percentage should be included in the Contractor’s Additional Services pricing sheet (Attachment F). Include a comprehensive list of the consumable supplies needed for this contract with your current pricing. The City reserves the right to purchase and supply to the Contractor all consumable materials and supplies.

Consumable supplies are defined as supplies utilized by facility users, guests and staff. All cleaning supplies necessary to maintain facilities in accordance with City of Stockton Custodial Standards (Attachment D) shall be provided by the Contractor and be accounted for in the Contractor’s base bid for each facility.

C. Additional Services: Proposals for hourly rates, unit costs, markups, etc. should be included in the Additional Services Price Sheet (Attachment F).

The cost proposal must be in the form of a separate, electronic document from the proposal.

8.0 PROPOSAL EVALUATION
The Contractor selection process will follow the estimated timeline below:

Event Date
Post Request for Proposals December 15, 2021
Pre-Proposal Conference/Job Walk January 5, 2022
Written Questions submitted by January 6, 2022

ATTACHMENT A

EXHIBIT A

701
Response to Written Questions January 7, 2022
Proposals Due January 13, 2022
Contractor Interviews Week of January 24, 2022
City Council Approval Spring 2022

8.1 Proposal Scoring Criteria
Proposals will be selected using a “best value” methodology based on the following categories:

A. Cost Proposal (25 points). Points will be weighted with regard to the overall base bid prices and additional service rates.

B. Experience (20 points). Previous experience in providing a superior level of service to like-sized public and/or private entities.

C. Quality of Work (20 points). Assessments of work quality, performance, and working relationships by current and recent clients that indicate high levels of satisfaction and effectiveness.

D. Qualifications of Staff (15 points). Qualifications of proposed staff to be assigned to the project.

E. Communications Capabilities (10 points). Well organized communications systems and reporting capabilities that demonstrate an ability to complete tasks efficiently and effectively and do not require constant supervision by the City.

F. Reports and Invoices (5 points). Effectiveness and clarity of sample reports and invoices utilized by the firm.

G. Local Business Preference (5 points). A maximum of 5 points will be given for local preference in accordance with Stockton Municipal Code Section

3.68.090.

The selection committee will evaluate all proposals. This is a qualifications and cost-based selection, so ranking will be in accordance with the attached Evaluation Scoring Worksheet (See Attachment B). Cost will be a factor in evaluation, but selection is predominately qualifications based. Cost proposals will not be opened until after other categories have been evaluated. Local preference will also be a factor, so Stockton firms are encouraged to propose. Also, non-Stockton firms should make an effort to use Stockton subcontractors whenever possible. Points will be weighted based on the amount of work being performed by the local consultants and/or businesses.

8.2 Negotiations
City staff will begin negotiations with the highest ranked firm. If an agreement cannot be reached after a reasonable period of time, as determined by the City, then the City will terminate negotiations with the number one ranked firm and negotiations will be opened with the second ranked firm. The compensation discussed with one prospective Contractor will not be disclosed or discussed with another Contractor.

ATTACHMENT A

EXHIBIT A

702
The selected consultant will be expected to enter into a Professional Services Contract with the City. Proposers should direct their attention to Attachment A, Instructions to Vendors, for the most current insurance and indemnification language. It is expected that the successful proposer will accept these terms without modification.

The contract shall not be in force until the Council approves the Contract and the City Manager signs it. Work performed before the issuance of a Notice to Proceed cannot be paid by the City.

ATTACHMENTS:

Attachment A – Instructions to Vendors
Attachment B – Evaluation Scoring Sheet
Attachment C – Facility Scope
Attachment D – Custodial Standards
Attachment E – Custodial Base Pricing
Attachment F – Additional Services Pricing
Attachment G – Admin Directive FIN-35

ATTACHMENT A

EXHIBIT A

703

1. Animal Services Center – 1575 S. Lincoln St.

Cleaning Hours: Mon – Sun between 9:00 a.m. and 11:00 a.m.

Square Footage: 850
Areas to be cleaned: Interior, Restroom (3).

Special: Wax and Buff (June & October*), Strip and Wax (February*). *in the Modular Buildings

2. Arnold Rue Community Center, 5758 Lorraine Ave.

Cleaning Hours: Mon- Sat between 9:00 p.m. and 6:00 a.m.

Square Footage: 22,560
Areas to be cleaned: Interior, Exterior, Restrooms (4), Kitchen (1), Fitness Area (1), Gymnasium (1).

Special: Carpet Shampoo (September), Strip and Wax (September), Wax and Buff – 2 x year (January & May).

3. Cesar Chavez Library, 605 N. El Dorado St.

Cleaning Hours: Mon – Sat between 9:00 p.m. and 6:00 a.m.

Square Footage: 77,302
Areas to be cleaned: Interior, Exterior, Restrooms (8), Kitchens (2).

Day Porter: Mon - Fri 8:00 a.m. 4:00 p.m.

Special: Carpet Shampoo (July), Strip and Wax (July), Wax and Buff (November & March), Courtyard Pressure Wash (Monthly).

4. 400 E. Main St.
(3rd Floor)
Cleaning Hours: Mon - Fri between 7:00 p.m. and 6:00 a.m.

Square Footage: 25,755
Areas to be cleaned: Interior, Restrooms (2).

Special: NA
(4th Floor)
Cleaning Hours: Mon - Fri between 7:00 p.m. and 6:00 a.m.

Square Footage: 25,730
Areas to be cleaned: Interior, Restroom (2), Kitchen (1).

Special: NA
(7th Floor)
Cleaning Hours: Mon - Fri between 7:00 p.m. and 6:00 a.m.

Square Footage: 7,300
Areas to be cleaned: Interior.

Special: NA

5. Corporation Yard, 1465 S. Lincoln St.

Cleaning Hours: Mon - Fri between 7:00 p.m. and 6:00 a.m.

Square Footage: 17,004
Areas to be cleaned: Interior, Locker Rooms (1), Restrooms (6), Kitchen (6).

Special: Carpet Shampoo (February), Strip and Wax (February), Wax and Buff (June & October).

6. Delta Water Treatment Plant, 11373 N. Sacramento Rd.

Cleaning Hours: Mon - Fri between 7:00 p.m. and 6:00 a.m.

ATTACHMENT A

EXHIBIT A

704
Square Footage: 12,242
Areas to be cleaned: Interior, Exterior, Restrooms (5), Locker Room (2), Kitchen (1).

Special: Carpet Shampoo (August), Strip and Wax (August), Wax and Buff (December & April).

7. Linden Library, 19012 E. Main St., Linden
Cleaning Hours: Mon - Sat between 7:00 p.m. and 6:00 a.m.

Square Footage: 2,066
Areas to be cleaned: Interior, Exterior, Restrooms (2), Kitchen (1).

Special: Carpet Shampoo (May), Strip and Wax (May), Wax and Buff (September & January).

8. Margaret Troke Library, 502 W. Benjamin Holt Dr.

Cleaning Hours: Mon-Sat between 9:00 p.m. and 6:00 a.m.

Square Footage: 14,712
Areas to be cleaned: Interior, Exterior, Restrooms (3), Kitchen (1).

Special: Carpet Shampoo (March), Strip and Wax (March), Wax and Buff (July & November).

9. Maya Angelou Library, 2324 Pock Lane
Cleaning Hours: Mon-Sat between 9:00 p.m. and 6:00 a.m.

Square Footage: 10,500
Areas to be cleaned: Interior, Exterior, Restrooms (5), Kitchen (1).

Special: Carpet Shampoo (April), Strip and Wax (April),Wax and Buff (August & December).

10. Merlo Gymnasium, 1670 E. Sixth St.

Cleaning Hours: Mon – Fri between 9:00 p.m. and 7:00 a.m.

Square Footage: 15,247
Areas to be cleaned: Interior, Exterior, Restrooms (3), Kitchen (1), Gymnasium.

Special: Strip and Wax (July), Wax and Buff (March & November).

11. Municipal Utilities Department, 2500 Navy Dr.

Cleaning Hours: Mon - Sun between 7:00 p.m. and 6:00 a.m.

Square Footage: 17,000
Areas to be cleaned: Interior, Exterior, Locker Rooms (4), Restrooms (18), Kitchen (6).

Day Porter: Mon -Fri 7:30 a.m. - 4:00 p.m.

Special: Carpet Shampoo (April, July*, October*, January*), Strip and Wax (April), Wax and Buff (August & December).
*in Administration and Operations buildings only

12. Oak Park Senior Citizens Center, 740 E. Fulton St.

Cleaning Hours: Mon - Fri between 7:00 p.m. and 6:00 a.m.

Square Footage: 10,822
Areas to be cleaned: Interior, Exterior, Kitchens (1), Restrooms (4), Fitness Area (1), Gymnasium.

Special: Carpet Shampoo (August), Strip and Wax (August), Wax and Buff (December & April).

13. Permit Center, 345 N. El Dorado Street
Cleaning Hours: Mon - Fri between 7:00 p.m. and 6:00 a.m.

Square Footage: 13,440
Areas to be cleaned: Interior, Exterior, Restrooms (2), Kitchen (1).

ATTACHMENT A

EXHIBIT A

705
Special: Carpet Shampoo (December), Strip and Wax (February), Wax and Buff (June & October).

14. Seifert Community Center, 128 W. Benjamin Holt Dr.

Cleaning Hours: Mon– Sat between 9:00 p.m. and 6:00 a.m.

Square Footage: 13,163
Areas to be cleaned: Interior, Exterior, Gymnasium (1), Fitness Area (1), Restrooms (2).

Special: Carpet Shampoo (October), Strip and Wax (October), Wax and Buff (February & June).

15. Stewart Eberhardt Building, 22 E. Weber Ave.

Cleaning Hours: Mon - Fri between 7:00 p.m. and 6:00 a.m. (Third Floor Only) Square Footage: 25,282
Areas to be cleaned: Interior, Restrooms (2), Kitchen (1).

Special: Carpet Shampoo (December), Strip and Wax (March), Wax and Buff (July & November).

16. Stribley Community Center, 1760 E. Sonora St.

Cleaning Hours: Mon- Sat between 9:00 p.m. and 6:00 a.m.

Square Footage: 28,491
Areas to be cleaned: Interior, Exterior, Restrooms (4), Fitness Area (1), Gymnasium (2).

Special: Carpet Shampoo (November), Strip and Wax (November), Wax and Buff (March & July).

17. Thornton Library, 26341 Thornton Rd.

Cleaning Hours: Tues - Sat between 7:00 p.m. and 6:00 a.m.

Square Footage: 2,775
Areas to be cleaned: Interior, Exterior, Restrooms (2).

Special: Carpet Shampoo (June), Strip and Wax (June), Wax and Buff (October & February)

18. Van Buskirk Community Center, 734 Houston Ave.

Cleaning Hours: Mon - Sat between 9:00 p.m. and 6:00 a.m.

Square Footage: 17,294
Areas to be cleaned: Interior, Exterior, Gymnasium (1), Restrooms (4).

Special: Carpet Shampoo (November), Strip and Wax (November), Wax and Buff (March & July).

19. Water Field Office, 7400 West Lane
Cleaning Hours: Mon - Fri between 7:00 p.m. and 6:00 a.m.

Square Footage: 4,900
Areas to be cleaned: Interior, Exterior, Locker Room (1), Restrooms (3), Kitchen (1).

Special: Carpet Shampoo (June), Strip and Wax (June), Wax and Buff (October & February).

20. Fair Oaks Library, 2370 E. Main St.

Cleaning Hours: Mon – Sat between 9:00 p.m. – 10:00 a.m.

Square Footage: 9,942
Areas to be cleaned: Interior, Exterior, Restrooms (3), Kitchen (1).

Special: Carpet Shampoo (May), Strip and Wax (September), Wax and Buff (February & June).

ATTACHMENT A

EXHIBIT A

706

21. City Wide Day Porter
Cleaning Hours: Mon – Friday between 7:00 a.m. – 3:30 p.m.

Primary Locations (hours): Chase Building (2), Corporation Yard (2), Troke Library (2), Van Buskirk (2).

May be called out to any City location serviced by Contractor.

Primary Duties: Exterior, Interior, Restrooms, Kitchen.

22. McKinley Community Center, 424 E. Ninth St
Cleaning Hours: Mon between 9:00 p.m. and 6:00 a.m.

Square Footage: 9,587
Areas to be cleaned: Interior, Exterior, Restrooms (2), Kitchen (1).

Special: Carpet Shampoo (June), Strip and Wax (June), Wax and Buff (October & February).

23. Emergency Operations Center, 3606 Hendrix Dr
Cleaning Hours: Thurs between 1:00 p.m. and 4:00 p.m.

Square Footage: 3,072
Areas to be cleaned: Interior, Exterior, Restrooms (2).

Special: Carpet Shampoo* (August), Scrub and Recoat** (August). *West trailer only
**East trailer only

ATTACHMENT A

EXHIBIT A

707



 







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ATTACHMENT A

EXHIBIT A

708
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CITY OF STOCKTON CUSTODIAL SERVICES, PROJECT NO. OMͲ22Ͳ005

FINANCIAL BREAKDOWN BY FACILITY
BASELINE CONTRACTͲJULY 1, 2022 THROUGH JUNE 30, 2027
FACILITY SERVICE FY 2022Ͳ23

NOT TO EXCEED FEE
FY 2023Ͳ24*

NOT TO EXCEED FEE
FY 2024Ͳ25*

NOT TO EXCEED FEE
FY 2025Ͳ26*

NOT TO EXCEED FEE
FY 2026Ͳ27*

NOT TO EXCEED FEE TOTAL
Animal Services Center Services $5,664.00 $5,833.92 $6,008.94 $6,189.21 $6,374.89 $30,070.96 Consumables $4,000.00 $4,120.00 $4,243.60 $4,370.91 $4,502.04 $21,236.55 Emergency Operations Center Services $3,000.00 $3,090.00 $3,182.70 $3,278.18 $3,376.53 $15,927.41 Consumables $2,000.00 $2,060.00 $2,121.80 $2,185.45 $2,251.01 $10,618.26 Permit Center Services $20,232.00 $20,838.96 $21,464.13 $22,108.05 $22,771.29 $107,414.43 Consumables $3,500.00 $3,605.00 $3,713.15 $3,824.54 $3,939.28 $18,581.97 Delta Water Treatment Plant Services 20,232.00 $ $20,838.96 $21,464.13 $22,108.05 $22,771.29 $107,414.43 Consumables 2,500.00 $ $2,575.00 $2,652.25 $2,731.82 $2,813.77 $13,272.84 2500 Navy Drive Services 110,016.00 $ $113,316.48 $116,715.97 $120,217.45 $123,823.98 $584,089.88 Consumables 18,000.00 $ $18,540.00 $19,096.20 $19,669.09 $20,259.16 $95,564.45 Water Field Office Services $11,144.00 $11,478.32 $11,822.67 $12,177.35 $12,542.67 $59,165.01 Consumables $2,100.00 $2,163.00 $2,227.89 $2,294.73 $2,363.57 $11,149.19 400 E Main St. Services $93,048.00 $95,839.44 $98,714.62 $101,676.06 $104,726.34 $494,004.46 Consumables $23,000.00 $23,690.00 $24,400.70 $25,132.72 $25,886.70 $122,110.12 Corporation Yard Services $32,400.00 $33,372.00 $34,373.16 $35,404.35 $36,466.48 $172,015.99 Consumables $9,720.00 $10,011.60 $10,311.95 $10,621.31 $10,939.95 $51,604.81 Merlo Gymnasium Services $22,747.00 $23,429.41 $24,132.29 $24,856.26 $25,601.95 $120,766.91 Consumables $2,280.00 $2,348.40 $2,418.85 $2,491.42 $2,566.16 $12,104.83 Stewart Eberhardt Building Services $40,452.00 $41,665.56 $42,915.53 $44,203.00 $45,529.09 $214,765.18 Consumables $4,200.00 $4,326.00 $4,455.78 $4,589.45 $4,727.13 $22,298.36 Cesar Chavez Library Services $131,466.00 $135,409.98 $139,472.28 $143,656.45 $147,966.14 $697,970.85 Consumables $8,160.00 $8,404.80 $8,656.94 $8,916.65 $9,184.15 $43,322.54 Fair Oaks Library Services $19,775.00 $20,368.25 $20,979.30 $21,608.68 $22,256.94 $104,988.17 Consumables $1,000.00 $1,030.00 $1,060.90 $1,092.73 $1,125.51 $5,309.14 Margaret Troke Library Services $29,124.00 $29,997.72 $30,897.65 $31,824.58 $32,779.32 $154,623.27 Consumables $3,120.00 $3,213.60 $3,310.01 $3,409.31 $3,511.59 $16,564.51 Maya Angelou Library Services $24,276.00 $25,004.28 $25,754.41 $26,527.04 $27,322.85 $128,884.58 Consumables $1,920.00 $1,977.60 $2,036.93 $2,098.04 $2,160.98 $10,193.55 Linden Library Services $15,600.00 $16,068.00 $16,550.04 $17,046.54 $17,557.94 $82,822.52 Consumables $1,000.00 $1,030.00 $1,060.90 $1,092.73 $1,125.51 $5,309.14 Thornton Library Services $13,200.00 $13,596.00 $14,003.88 $14,424.00 $14,856.72 $70,080.60 Consumables $2,100.00 $2,163.00 $2,227.89 $2,294.73 $2,363.57 $11,149.19 Oak Park Senior Center Services $16,200.00 $16,686.00 $17,186.58 $17,702.18 $18,233.25 $86,008.01 Consumables $4,680.00 $4,820.40 $4,965.01 $5,113.96 $5,267.38 $24,846.75 Arnold Rue Community Center Services $43,680.00 $44,990.40 $46,340.11 $47,730.31 $49,162.22 $231,903.04 Consumables $4,200.00 $4,326.00 $4,455.78 $4,589.45 $4,727.13 $22,298.36 Seifert Community Center Services $24,276.00 $25,004.28 $25,754.41 $26,527.04 $27,322.85 $128,884.58 Revised: 05/13/2022 Page 1 of 2

ATTACHMENT A

EXHIBIT B

716
CITY OF STOCKTON CUSTODIAL SERVICES, PROJECT NO. OMͲ22Ͳ005

FINANCIAL BREAKDOWN BY FACILITY
BASELINE CONTRACTͲJULY 1, 2022 THROUGH JUNE 30, 2027
FACILITY SERVICE FY 2022Ͳ23

NOT TO EXCEED FEE
FY 2023Ͳ24*

NOT TO EXCEED FEE
FY 2024Ͳ25*

NOT TO EXCEED FEE
FY 2025Ͳ26*

NOT TO EXCEED FEE
FY 2026Ͳ27*

NOT TO EXCEED FEE TOTAL
Consumables $5,400.00 $5,562.00 $5,728.86 $5,900.73 $6,077.75 $28,669.34 Stribley Community Center Services $53,400.00 $55,002.00 $56,652.06 $58,351.62 $60,102.17 $283,507.85 Consumables $4,560.00 $4,696.80 $4,837.70 $4,982.83 $5,132.31 $24,209.64 Van Buskirk Community Center Services $33,972.00 $34,991.16 $36,040.89 $37,122.12 $38,235.78 $180,361.95 Consumables $2,040.00 $2,101.20 $2,164.24 $2,229.17 $2,296.05 $10,830.66 Mckinley Community Center Services $3,600.00 $3,708.00 $3,819.24 $3,933.82 $4,051.83 $19,112.89 Consumables $500.00 $515.00 $530.45 $546.36 $562.75 $2,654.56 CityͲWide Day Porter Services $63,800.00 $65,714.00 $67,685.42 $69,715.98 $71,807.46 $338,722.86 CityͲWide Urgent Services $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $150,000.00 $971,284.00 $999,522.52 $1,028,608.19 $1,058,566.45 $1,089,423.43 $5,147,404.59 * Includes an annual fee increase based on Consumer Price Index (CPI) for similar local services in accordance with the Bureau of Labor Statistics; not to exceed 3% in any year. Revised: 05/13/2022 Page 2 of 2

ATTACHMENT A

EXHIBIT B

717

 



















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ATTACHMENT A

EXHIBIT B

718

719
City of Stockton
C (209) 649-0085 8830 Cherry Hills Place
F: (209) 957-0421 Stockton, Ca. 95209
P: (209) 957-0421
BILL TO: City of Stockton REMIT TO: Imperial Maintenance Services Cristina Pfeffer Alfonso Solis
22 E. Weber Avenue Room 301 8830 Cherry Hills Place
Stockton, Ca. 95202 Stockton, Ca. 95209
(209) 937-8411 (209) 649-0085
Column1 List of Supplies Unit Price Tax (9%) Total Mark Up (10%) 1 Towel Roll 1 ply 10 GP Wht Enmotion 6/800/cs $66.49 $5.98 $72.47 $79.72 2 TP Tork 2 ply Univ Soft White 96/500/cs $36.83 $3.32 $40.15 $44.17 3 Towel Tork 2 ply Multifold Hand 16/250/cs $19.23 $1.73 $20.96 $23.06 4 TP 2 ply Small Core White 36/1000/cs $43.52 $3.92 $47.44 $52.18 5 Boardwalk Premium Seat Covers Half Fold 20/250/cs $36.33 $3.27 $39.60 $43.56 6 Hand Soap 4/gal/cs $35.86 $3.23 $39.09 $43.00
7 Soft Pink Soap Hand Soap 4/gal/cs $24.77 $2.23 $27.00 $29.70 8 Mango Meter Aerosol Deo. 12/7oz./cs $52.92 $4.76 $57.68 $63.45 9 Wave 3D Urinal Screen Cotton Blossom Fresh Pack/10 $19.23 $1.73 $20.96 $23.06 10 Wave 3D Urinal Screen Mango Deo. 6/10/box $19.15 $1.72 $20.87 $22.96 11 Clip Eco Bowl Cotton Blossom Fresh 6/12/box $23.05 $2.07 $25.12 $27.63 12 Liner Sanisac Waxed Recept 7.5x10x3 500/cs $25.18 $2.27 $27.45 $30.20 13 Stainless Steel Clnr Oil Base 12/20oz./cs $77.40 $6.97 $84.37 $92.81 14 Clorox Germicidal Bleach 3/121oz/cs $7.30 $0.66 $7.96 $8.76 15 EnvirOx Absolute H2O2 Hyper-Con 2/gal/cs $91.70 $8.25 $99.95 $109.95 16 BSL Reflection Neutral Floor Cleaner 4/gal/cs $33.64 $3.03 $36.67 $40.34 17 AFB Acid Free Restroom Cleaner 12/qt/cs $30.60 $2.75 $33.35 $36.69 18 Klearview Glass MP Cleaner 4/gal/cs $10.11 $0.91 $11.93 $13.12 19 Lemon Zip Disinfectant 4/gal/cs Concentrated $64.00 $5.76 $69.76 $76.74 20 Hand Sanitizer 62% Alcohol Foam Clear 4/gal/cs $90.29 $8.13 $98.42 $108.26 21 Liner LD 40x48 1.2 ml Black 100/cs $32.42 $2.92 $35.34 $38.87 22 Liner LD 33x40 1.0 ml Blue 10rl/25/250/cs $21.92 $1.97 $23.89 $26.28 23 Liner HD 24x33 8mic Clear 12-16gal/20rl/50/cs $32.38 $2.91 $38.20 $42.02 24 Trash Can Liner LD .45 mil Black 50rl/10/cs $27.69 $2.49 $30.18 $33.20 25 Grocery Paper Bag 40lb cap 500/pk $32.42 $2.92 $35.34 $38.87 26 Trigger Sprayers 9-7/8 32oz. 200/cs 0.98 per sprayer $196.00 $17.64 $213.64 $235.00 27 Spray Bottles Plastic 32oz. 84/pk 0.79 per bottle $66.36 $5.97 $72.33 $79.56 28 Tiolet Bowl Brush Polypro 12/ca 1.90 per brush $22.80 $2.05 $24.85 $27.34 29 Chicopee Dust Cloth Yellow 24x24 100/cs $84.73 $7.63 $92.36 $101.60 30 Carpet Pre-Spray & Bonnet Clean 4/gal/cs $83.04 $7.47 $90.51 $99.56 31 Thunder Lightening Floor Care 4/gal/cs Concentrated $51.56 $4.64 $56.20 $61.82 32 Carpet Extraction Cleaner 4/gal/cs $83.64 $7.53 $91.17 $100.29 33 Multi Surface Floor Finish 5 gal-BIB/cs $87.81 $7.90 $95.71 $105.28 34 RTU Carpet Spotter 12/32oz/cs $84.24 $7.58 $91.82 $101.00 35 No-Scratch Crème Cleanser 12/qt/cs $50.16 $4.51 $54.67 $60.14 36 Clorox Bleach Cream Cleanser 8/32oz/cs $36.33 $3.27 $39.60 $43.56 37 Dawn Pot & Pan Dish Detergent8/38oz/cs $61.30 $5.52 $66.82 $73.50 38 Joy pot & Pan Dish Liquid 8/38oz/cs $49.91 $4.49 $54.40 $59.84 39 Express HE Liquid Detergent 4/100oz/cs $47.82 $4.30 $52.12 $57.33 40 Liner LD 42x48 .88ml Green 8rl/10/80cs $54.65 $4.92 $64.49 $70.94 Imperial Maintenance Services
[email protected] Consumable List

ATTACHMENT A

EXHIBIT B

720
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721


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ATTACHMENT A

EXHIBIT B

723








































 
 


 
  

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EXHIBIT B

724


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ATTACHMENT A

EXHIBIT B

725


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ATTACHMENT A

EXHIBIT B

726
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 &:

Insurance Requirements for Most Contracts
(Not for Professional Services or Construction Contracts) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.

ATTACHMENT A

EXHIBIT &

727
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.

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

ATTACHMENT A

EXHIBIT C

728
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.

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

ATTACHMENT A

EXHIBIT C

IMPERIAL MAINTENANCE SERVICES,
PROJECT NO. OM-22-005

729
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.

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

ATTACHMENT A

EXHIBIT C

730

ATTACHMENT A

731

ATTACHMENT A

732

ATTACHMENT A

733

ATTACHEMENT A

734

ATTACHEMENT A

735

ATTACHEMENT A

736

ATTACHEMENT A

737

ATTACHEMENT A

738

ATTACHEMENT A

739

ATTACHEMENT A

740

ATTACHEMENT A

741

ATTACHEMENT A

742

ATTACHEMENT A

743

ATTACHEMENT A

744
CITY OF STOCKTON CUSTODIAL SERVICES, PROJECT NO. OM‐22‐005

FINANCIAL BREAKDOWN BY ACCOUNT
BASELINE CONTRACT ‐ JULY 1, 2022 THROUGH JUNE 30, 2027

ACCOUNT NAME FUND NAME ACCOUNT NUMBER
FY 2022‐23

NOT TO EXCEED FEE
FY 2023‐24*

NOT TO EXCEED FEE
FY 2024‐25*

NOT TO EXCEED FEE
FY 2025‐26*

NOT TO EXCEED FEE
FY 2026‐27*

NOT TO EXCEED FEE TOTAL
Public Works Facilities Maint. Account,
Janitorial,Maintenance & Repair
General Fund 4520‐706‐630013‐100‐000‐30‐45‐000‐000‐ $ 565,871.17 $ 582,847.31 $ 600,332.73 $ 618,342.71 $ 636,892.99 $ 3,004,286.91 Public Works Facilities Maint. Account,
Janitorial,Materials & Supplies
General Fund 4520‐706‐650001‐100‐000‐30‐45‐000‐000 $ 70,721.60 $ 72,843.25 $ 75,028.55 $ 77,279.41 $ 79,597.79 $ 375,470.60 MUD Account,
MUD Admin – Water,
Other Services
Utility Customer
Service Fund 6511‐502‐630006‐600‐000‐00‐65‐000‐000‐ $ 33,004.80 $ 33,994.94 $ 35,014.79 $ 36,065.23 $ 37,147.19 $ 175,226.95 MUD Account,
MUD Admin – Water,
Materials & Supplies
Utility Customer
Service Fund 6511‐502‐650001‐600‐000‐00‐65‐000‐000‐ $ 5,400.00 $ 5,562.00 $ 5,728.86 $ 5,900.73 $ 6,077.75 $ 28,669.34 MUD Account,
MUD Admin – Wastewater,
Other Services
Utility Customer
Service Fund 6511‐502‐630006‐610‐000‐00‐65‐000‐000‐ $ 69,310.08 $ 71,389.38 $ 73,531.06 $ 75,736.99 $ 78,009.10 $ 367,976.61 MUD Account,
MUD Admin – Wastewater,Materials & Supplies
Utility Customer
Service Fund 6511‐502‐650001‐610‐000‐00‐65‐000‐000‐ $ 11,340.00 $ 11,680.20 $ 12,030.61 $ 12,391.53 $ 12,763.28 $ 60,205.62 MUD Account,
MUD Admin – Stormwater,Other Services
Utility Customer
Service Fund 6511‐502‐630006‐620‐000‐00‐65‐000‐000‐ $ 7,701.12 $ 7,932.15 $ 8,170.11 $ 8,415.21 $ 8,667.67 $ 40,886.26 MUD Account,
MUD Admin – Stormwater,Materials & Supplies
Utility Customer
Service Fund 6511‐502‐650001‐620‐000‐00‐65‐000‐000‐ $ 1,260.00 $ 1,297.80 $ 1,336.73 $ 1,376.83 $ 1,418.13 $ 6,689.49 MUD Account,
Delta Water Treatment Plant,
Other Services
Stockton Water
District Fund 6513‐511‐630006‐600‐000‐00‐65‐000‐000‐ $ 20,232.00 $ 20,838.96 $ 21,464.13 $ 22,108.05 $ 22,771.29 $ 107,414.43 MUD Account,
Delta Water Treatment Plant,
Materials & Supplies
Stockton Water
District Fund 6513‐511‐650001‐600‐000‐00‐65‐000‐000‐ $ 2,500.00 $ 2,575.00 $ 2,652.25 $ 2,731.82 $ 2,813.77 $ 13,272.84 MUD Account,
Water Field Office,
Other Services
Stockton Water
District Fund 6514‐000‐630006‐600‐000‐00‐65‐000‐000 $ 11,144.00 $ 11,478.32 $ 11,822.67 $ 12,177.35 $ 12,542.67 $ 59,165.01 MUD Account,
Water Field Office,
Materials & Supplies
Stockton Water
District Fund 6514‐000‐650001‐600‐000‐00‐65‐000‐000 $ 2,100.00 $ 2,163.00 $ 2,227.89 $ 2,294.73 $ 2,363.57 $ 11,149.19 Police Department Account,
Animal Shelter,Maintenance & Repairs
General Fund 3513‐303‐630013‐100‐000‐20‐35‐000‐000‐ $ 5,664.00 $ 5,833.92 $ 6,008.94 $ 6,189.21 $ 6,374.89 $ 30,070.96 Police Department Account,
Animal Shelter,Materials & Supplies
General Fund 3513‐303‐650001‐100‐000‐20‐35‐000‐000‐ $ 4,000.00 $ 4,120.00 $ 4,243.60 $ 4,370.91 $ 4,502.04 $ 21,236.55 Community Development Account,Permit Center,Maintenance & Repairs DevelopmentServices Fund 5510‐000‐630013‐220‐221‐10‐55‐000‐000‐ $ 20,232.00 $ 20,838.96 $ 21,464.13 $ 22,108.05 $ 22,771.29 $ 107,414.43 Community Development Account,Permit Center,Materials & Supplies DevelopmentServices Fund 5510‐000‐650001‐220‐221‐10‐55‐000‐000‐ $ 3,500.00 $ 3,605.00 $ 3,713.15 $ 3,824.54 $ 3,939.28 $ 18,581.97 Community Services Account,
Linden Library,
Maintenance & Repairs
City & County
Library Fund 5012‐810‐630012‐100‐120‐40‐50‐000‐000‐ $ 15,600.00 $ 16,068.00 $ 16,550.04 $ 17,046.54 $ 17,557.94 $ 82,822.52 Revised: 05/13/2022

ATTACHMENT B
745
CITY OF STOCKTON CUSTODIAL SERVICES, PROJECT NO. OM‐22‐005

FINANCIAL BREAKDOWN BY ACCOUNT
BASELINE CONTRACT ‐ JULY 1, 2022 THROUGH JUNE 30, 2027

ACCOUNT NAME FUND NAME ACCOUNT NUMBER
FY 2022‐23

NOT TO EXCEED FEE
FY 2023‐24*

NOT TO EXCEED FEE
FY 2024‐25*

NOT TO EXCEED FEE
FY 2025‐26*

NOT TO EXCEED FEE
FY 2026‐27*

NOT TO EXCEED FEE TOTAL
Community Services Account,
Linden Library,Materials & Supplies
City & County
Library Fund 5012‐810‐650001‐100‐120‐40‐50‐000‐000‐ $ 1,000.00 $ 1,030.00 $ 1,060.90 $ 1,092.73 $ 1,125.51 $ 5,309.14 Community Services Account,
Thornton Library,Maintenance & Repairs
City & County
Library Fund 5012‐814‐630012‐100‐120‐40‐50‐000‐000‐ $ 13,200.00 $ 13,596.00 $ 14,003.88 $ 14,424.00 $ 14,856.72 $ 70,080.60 Community Services Account,Thornton Library,Materials & Supplies City & County
Library Fund 5012‐814‐650001‐100‐120‐40‐50‐000‐000‐ $ 2,100.00 $ 2,163.00 $ 2,227.89 $ 2,294.73 $ 2,363.57 $ 11,149.19 Community Services Account,
Fair Oaks Library,
Maintenance & Repairs
City & County
Library Fund 5011‐819‐630012‐210‐000‐40‐50‐000‐000 $ 3,295.83 $ 3,394.70 $ 3,496.54 $ 3,601.44 $ 3,709.48 $ 17,497.99 Community Services Account,
Fair Oaks Library,
Materials & Supplies
City & County
Library Fund 5011‐819‐650001‐210‐000‐40‐50‐000‐000‐ $ 160.00 $ 164.80 $ 169.74 $ 174.83 $ 180.07 $ 849.44 Community Services Account,
Cesar Chavez Library,Maintenance & Repairs
Measure M 5011‐818‐630012‐100‐120‐40‐50‐000‐000‐ $ 24,661.00 $ 25,400.83 $ 26,162.85 $ 26,947.74 $ 27,756.17 $ 130,928.59 Community Services Account,Margaret Troke Library,
Maintenance & Repairs
Measure M 5011‐820‐630012‐210‐000‐40‐50‐000‐000‐ $ 4,854.00 $ 4,999.62 $ 5,149.61 $ 5,304.10 $ 5,463.22 $ 25,770.55 Community Services Account,Margaret Troke Library,Materials & Supplies Measure M 5011‐820‐650001‐100‐120‐40‐50‐000‐000‐ $ 499.20 $ 514.18 $ 529.61 $ 545.50 $ 561.87 $ 2,650.36 Community Services Account,Maya Angelou Library,
Maintenance & Repairs
Measure M 5011‐817‐630012‐210‐000‐40‐50‐000‐000 $ 4,046.00 $ 4,167.38 $ 4,292.40 $ 4,421.17 $ 4,553.81 $ 21,480.76 Community Services Account,
Maya Angelou Library,
Materials & Supplies
Measure M 5011‐817‐650001‐210‐000‐40‐50‐000‐000‐ $ 307.20 $ 316.42 $ 325.91 $ 335.69 $ 345.76 $ 1,630.98 Community Services Account,Arnold Rue,
Maintenance & Repairs
Measure M 5021‐900‐630012‐210‐000‐50‐50‐000‐000 $ 7,280.00 $ 7,498.40 $ 7,723.35 $ 7,955.05 $ 8,193.70 $ 38,650.50 Community Services Account,
Arnold Rue,
Materials & Supplies
Measure M 5021‐900‐650001‐210‐000‐50‐50‐000‐000‐ $ 672.00 $ 692.16 $ 712.92 $ 734.31 $ 756.34 $ 3,567.73 Community Services Account,
McKinley Center,
Maintenance & Repairs
Measure M 5024‐000‐630012‐100‐125‐50‐50‐000‐000‐ $ 3,600.00 $ 3,708.00 $ 3,819.24 $ 3,933.82 $ 4,051.83 $ 19,112.89 Community Services Account,
McKinley Center,
Materials & Supplies
Measure M 5024‐000‐650001‐100‐125‐50‐50‐000‐000‐ $ 500.00 $ 515.00 $ 530.45 $ 546.36 $ 562.75 $ 2,654.56 Community Services Account,Seifert Community Center,
Maintenance & Repairs
Measure M 5021‐901‐630012‐210‐000‐50‐50‐000‐000‐ $ 4,046.00 $ 4,167.38 $ 4,292.40 $ 4,421.17 $ 4,553.81 $ 21,480.76 Community Services Account,Seifert Community Center,
Materials & Supplies
Measure M 5021‐901‐650001‐210‐000‐50‐50‐000‐000‐ $ 864.00 $ 889.92 $ 916.62 $ 944.12 $ 972.44 $ 4,587.10 Community Services Account,Stribley Community Center,Maintenance & Repairs Measure M 5021‐902‐630012‐210‐000‐50‐50‐000‐000‐ $ 8,900.00 $ 9,167.00 $ 9,442.01 $ 9,725.27 $ 10,017.03 $ 47,251.31 Revised: 05/13/2022

ATTACHMENT B
746
CITY OF STOCKTON CUSTODIAL SERVICES, PROJECT NO. OM‐22‐005

FINANCIAL BREAKDOWN BY ACCOUNT
BASELINE CONTRACT ‐ JULY 1, 2022 THROUGH JUNE 30, 2027

ACCOUNT NAME FUND NAME ACCOUNT NUMBER
FY 2022‐23

NOT TO EXCEED FEE
FY 2023‐24*

NOT TO EXCEED FEE
FY 2024‐25*

NOT TO EXCEED FEE
FY 2025‐26*

NOT TO EXCEED FEE
FY 2026‐27*

NOT TO EXCEED FEE TOTAL
Community Services Account,
Stribley Community Center,Materials & Supplies
Measure M 5021‐902‐650001‐210‐000‐50‐50‐000‐000‐ $ 729.60 $ 751.49 $ 774.03 $ 797.25 $ 821.17 $ 3,873.54 Community Services Account,
Van Buskirk Community Center,
Maintenance & Repairs
Measure M 5021‐903‐630012‐210‐000‐50‐50‐000‐000‐ $ 5,662.00 $ 5,831.86 $ 6,006.82 $ 6,187.02 $ 6,372.63 $ 30,060.33 Community Services Account,Van Buskirk Community Center, Materials & Supplies
Measure M 5021‐903‐650001‐210‐000‐50‐50‐000‐000‐ $ 326.40 $ 336.19 $ 346.28 $ 356.67 $ 367.37 $ 1,732.91 Fire Department,
Maintenance & Repairs General Fund 4020‐000‐650012‐100‐000‐20‐40‐000‐000‐ $ 3,000.00 $ 3,090.00 $ 3,182.70 $ 3,278.19 $ 3,376.53 $ 15,927.42 Fire Department,
Materials & Supplies General Fund 4020‐000‐650001‐100‐000‐20‐40‐000‐000‐ $ 2,000.00 $ 2,060.00 $ 2,121.80 $ 2,185.45 $ 2,251.01 $ 10,618.26 Contingencies ‐ As‐Needed, Additional
Services or Materials & Supplies TBD TBD $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 150,000.00 TOTALS $ 971,284.00 999,522.52 $ 1,028,608.19 $ 1,058,566.45 $ 1,089,423.43 $ 5,147,404.59 $ * Includes an annual fee increase based on Consumer Price Index (CPI) for similar local services in accordance with the Bureau of Labor Statistics; not to exceed 3% in any year.

Revised: 05/13/2022

ATTACHMENT B
747
CITY OF STOCKTON CUSTODIAL SERVICES, PROJECT NO. OM‐22‐005

FINANCIAL BREAKDOWN BY ACCOUNT
OPTIONAL CONTRACT EXTENSIONS ‐ JULY 1, 2027 THROUGH JUNE 30, 2029

ACCOUNT NAME FUND NAME ACCOUNT NUMBER
FY 2027‐28*

NOT TO EXCEED FEE
FY 2028‐29*

NOT TO EXCEED FEE TOTAL
Public Works Facilities Maint. Account,
Janitorial,Maintenance & Repair
General Fund 4520‐706‐630013‐100‐000‐30‐45‐000‐000‐ $ 682,849.73 $ 703,335.22 $ 1,386,184.95 Public Works Facilities Maint. Account,
Janitorial,
Materials & Supplies
General Fund 4520‐706‐650001‐100‐000‐30‐45‐000‐000 $ 81,985.72 $ 84,445.29 $ 166,431.01 MUD Account,
MUD Admin – Water,
Other Services
Utility Customer
Service Fund 6511‐502‐630006‐600‐000‐00‐65‐000‐000‐ $ 38,261.61 $ 39,409.46 $ 77,671.07 MUD Account,
MUD Admin – Water,
Materials & Supplies
Utility Customer
Service Fund 6511‐502‐650001‐600‐000‐00‐65‐000‐000‐ $ 6,260.08 $ 6,447.88 $ 12,707.96 MUD Account,
MUD Admin – Wastewater,Other Services
Utility Customer
Service Fund 6511‐502‐630006‐610‐000‐00‐65‐000‐000‐ $ 80,349.37 $ 82,759.85 $ 163,109.22 MUD Account,
MUD Admin – Wastewater,
Materials & Supplies
Utility Customer
Service Fund 6511‐502‐650001‐610‐000‐00‐65‐000‐000‐ $ 13,146.18 $ 13,540.57 $ 26,686.75 MUD Account,
MUD Admin – Stormwater,
Other Services
Utility Customer
Service Fund 6511‐502‐630006‐620‐000‐00‐65‐000‐000‐ $ 8,927.70 $ 9,195.53 $ 18,123.23 MUD Account,
MUD Admin – Stormwater,Materials & Supplies
Utility Customer
Service Fund 6511‐502‐650001‐620‐000‐00‐65‐000‐000‐ $ 1,460.67 $ 1,504.49 $ 2,965.16 MUD Account,
Delta Water Treatment Plant,
Other Services
Stockton Water
District Fund 6513‐511‐630006‐600‐000‐00‐65‐000‐000‐ $ 23,454.43 $ 24,158.06 $ 47,612.49 MUD Account,
Delta Water Treatment Plant,
Materials & Supplies
Stockton Water
District Fund 6513‐511‐650001‐600‐000‐00‐65‐000‐000‐ $ 2,898.18 $ 2,985.13 $ 5,883.31 MUD Account,
Water Field Office,
Other Services
Stockton Water
District Fund 6514‐000‐630006‐600‐000‐00‐65‐000‐000 $ 12,918.95 $ 13,306.52 $ 26,225.47 MUD Account,
Water Field Office,
Materials & Supplies
Stockton Water
District Fund 6514‐000‐650001‐600‐000‐00‐65‐000‐000 $ 2,434.48 $ 2,507.51 $ 4,941.99 Police Department Account,
Animal Shelter,Maintenance & Repairs
General Fund 3513‐303‐630013‐100‐000‐20‐35‐000‐000‐ $ 6,566.14 $ 6,763.12 $ 13,329.26 Police Department Account,
Animal Shelter,Materials & Supplies
General Fund 3513‐303‐650001‐100‐000‐20‐35‐000‐000‐ $ 4,637.10 $ 4,776.21 $ 9,413.31 Community Development Account,Permit Center,Maintenance & Repairs DevelopmentServices Fund 5510‐000‐630013‐220‐221‐10‐55‐000‐000‐ $ 23,454.43 $ 24,158.06 $ 47,612.49 Community Development Account,Permit Center,Materials & Supplies DevelopmentServices Fund 5510‐000‐650001‐220‐221‐10‐55‐000‐000‐ $ 4,057.46 $ 4,179.18 $ 8,236.64 Community Services Account,Linden Library,Maintenance & Repairs City & County
Library Fund 5012‐810‐630012‐100‐120‐40‐50‐000‐000‐ $ 18,084.68 $ 18,627.22 $ 36,711.90 Revised: 05/13/2022

ATTACHMENT C
748
CITY OF STOCKTON CUSTODIAL SERVICES, PROJECT NO. OM‐22‐005

FINANCIAL BREAKDOWN BY ACCOUNT
OPTIONAL CONTRACT EXTENSIONS ‐ JULY 1, 2027 THROUGH JUNE 30, 2029

ACCOUNT NAME FUND NAME ACCOUNT NUMBER
FY 2027‐28*

NOT TO EXCEED FEE
FY 2028‐29*

NOT TO EXCEED FEE TOTAL
Community Services Account,
Linden Library,Materials & Supplies
City & County
Library Fund 5012‐810‐650001‐100‐120‐40‐50‐000‐000‐ $ 1,159.28 $ 1,194.06 $ 2,353.34 Community Services Account,
Thornton Library,
Maintenance & Repairs
City & County
Library Fund 5012‐814‐630012‐100‐120‐40‐50‐000‐000‐ $ 15,302.42 $ 15,761.49 $ 31,063.91 Community Services Account,
Thornton Library,Materials & Supplies
City & County
Library Fund 5012‐814‐650001‐100‐120‐40‐50‐000‐000‐ $ 2,434.48 $ 2,507.51 $ 4,941.99 Community Services Account,Fair Oaks Library,
Maintenance & Repairs
City & County
Library Fund 5011‐819‐630012‐210‐000‐40‐50‐000‐000 $ 3,820.76 $ 3,935.38 $ 7,756.14 Community Services Account,Fair Oaks Library,
Materials & Supplies
City & County
Library Fund 5011‐819‐650001‐210‐000‐40‐50‐000‐000‐ $ 185.47 $ 191.03 $ 376.50 Community Services Account,Cesar Chavez Library,Maintenance & Repairs Measure M 5011‐818‐630012‐100‐120‐40‐50‐000‐000‐ $ 1,738.91 $ 1,791.08 $ 3,529.99 Community Services Account,Margaret Troke Library,Maintenance & Repairs Measure M 5011‐820‐630012‐210‐000‐40‐50‐000‐000‐ $ 5,627.12 $ 5,795.93 $ 11,423.05 Community Services Account,Margaret Troke Library,Materials & Supplies Measure M 5011‐820‐650001‐100‐120‐40‐50‐000‐000‐ $ 578.73 $ 596.09 $ 1,174.82 Community Services Account,Maya Angelou Library,
Maintenance & Repairs
Measure M 5011‐817‐630012‐210‐000‐40‐50‐000‐000 $ 4,690.42 $ 4,831.13 $ 9,521.55 Community Services Account,Maya Angelou Library,
Materials & Supplies
Measure M 5011‐817‐650001‐210‐000‐40‐50‐000‐000‐ $ 356.13 $ 366.81 $ 722.94 Community Services Account,
Arnold Rue,
Maintenance & Repairs
Measure M 5021‐900‐630012‐210‐000‐50‐50‐000‐000 $ 8,439.51 $ 8,692.70 $ 17,132.21 Community Services Account,Arnold Rue,
Materials & Supplies
Measure M 5021‐900‐650001‐210‐000‐50‐50‐000‐000‐ $ 779.03 $ 802.40 $ 1,581.43 Community Services Account,McKinley Center,
Maintenance & Repairs
Measure M 5024‐000‐630012‐100‐125‐50‐50‐000‐000‐ $ 4,173.38 $ 4,298.58 $ 8,471.96 Community Services Account,McKinley Center,
Materials & Supplies
Measure M 5024‐000‐650001‐100‐125‐50‐50‐000‐000‐ $ 579.63 $ 597.02 $ 1,176.65 Community Services Account,Seifert Community Center,
Maintenance & Repairs
Measure M 5021‐901‐630012‐210‐000‐50‐50‐000‐000‐ $ 4,690.42 $ 4,831.13 $ 9,521.55 Community Services Account,
Seifert Community Center,
Materials & Supplies
Measure M 5021‐901‐650001‐210‐000‐50‐50‐000‐000‐ $ 1,001.61 $ 1,031.66 $ 2,033.27 Community Services Account,Stribley Community Center,Maintenance & Repairs Measure M 5021‐902‐630012‐210‐000‐50‐50‐000‐000‐ $ 10,317.54 $ 10,627.07 $ 20,944.61 Revised: 05/13/2022

ATTACHMENT C
749
CITY OF STOCKTON CUSTODIAL SERVICES, PROJECT NO. OM‐22‐005

FINANCIAL BREAKDOWN BY ACCOUNT
OPTIONAL CONTRACT EXTENSIONS ‐ JULY 1, 2027 THROUGH JUNE 30, 2029

ACCOUNT NAME FUND NAME ACCOUNT NUMBER
FY 2027‐28*

NOT TO EXCEED FEE
FY 2028‐29*

NOT TO EXCEED FEE TOTAL
Community Services Account,
Stribley Community Center,Materials & Supplies
Measure M 5021‐902‐650001‐210‐000‐50‐50‐000‐000‐ $ 845.81 $ 871.18 $ 1,716.99 Community Services Account,
Van Buskirk Community Center,
Maintenance & Repairs
Measure M 5021‐903‐630012‐210‐000‐50‐50‐000‐000‐ $ 6,563.81 $ 6,760.72 $ 13,324.53 Community Services Account,
Van Buskirk Community Center,
Materials & Supplies
Measure M 5021‐903‐650001‐210‐000‐50‐50‐000‐000‐ $ 378.39 $ 389.74 $ 768.13 Fire Department,
Maintenance & Repairs General Fund 4020‐000‐650012‐100‐000‐20‐40‐000‐000‐ $ 3,477.83 $ 3,582.16 $ 7,059.99Fire Department, Materials & Supplies General Fund 4020‐000‐650001‐100‐000‐20‐40‐000‐000‐ $ 2,318.54 $ 2,388.10 $ 4,706.64 Contingencies ‐ As‐Needed, Additional
Services or Materials & Supplies TBD TBD $ 30,000.00 $ 30,000.00 $ 60,000.00 TOTALS 1,121,206.13 $ 1,153,942.27 $ 2,275,148.40 $
* Includes an annual fee increase based on Consumer Price Index (CPI) for similar local services in accordance with the Bureau of Labor Statistics; not to exceed 3% in any year.

Revised: 05/13/2022

ATTACHMENT C
750
City of Stockton
Legislation Text
File #: 22-0404, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE CRACK SEALING VARIOUS STREETS PROJECT

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve Notice of Exemption No. NOE3-22 under the California Environmental Quality Act for the Crack Sealing Various Streets, Project No. WT22003.

2. Approve the plans and specifications for the Crack Sealing Various Streets, Project No.

WT22003.

3. Award a Construction Contract in the amount of $224,800 to Pavement Coatings Co. of Sacramento, CA, for the Crack Sealing 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 Crack Sealing Various Streets project will apply crack seal to approximately 23 centerline miles of residential and collector roadways in various streets citywide (Attachment A - Vicinity Map). Crack sealing involves the placement of adhesive material into pavement cracks to prevent water intrusion.

Cracks occur on the pavement due to traffic load and thermal stress, and water intrusion then weakens the pavement base structure leading to potholes and pavement failure. Crack sealant slows the deterioration process of cracks and extends the life of the roadway from 2-5 years on average.

The Crack Sealing 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 March 3, 2022, the City received five bids for the project. Staff recommends award of the Construction Contract to the lowest responsive bidder, Pavement Coatings Co., in the amount of $224,800.

Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE3-22 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to be completed by summer 2022, weather permitting.

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File #: 22-0404, Version: 1

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 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 Crack Sealing Various Streets project will apply crack seal to approximately 23 centerline miles of residential and collector roadways in various streets Citywide (Attachment A - Vicinity Map). Crack sealing is a pavement preventative maintenance treatment that prevents water intrusion into the pavement base structure. Cracks occur on the pavement due to traffic load and thermal stress, and water intrusion then weakens the pavement base structure leading to potholes and pavement failure.

The process includes clearing cracks of vegetation and debris, then applying sealant that is leveled to match the adjacent pavement surface. Crack sealant slows the deterioration process of cracks and extends the life of the roadway from 2-5 years on average. This treatment also serves as preparatory work for future pavement resurfacing.

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 Crack Sealing 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 Five-Year 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 February 7, 2022, the Crack Sealing Various Streets project was advertised for bids. On March 3, 2022, five bids were received with the following results:

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File #: 22-0404, Version: 1

COMPANY NAME BID AMOUNT
Pavement Coatings Co. (Sacramento, CA) $224,800
Roy Allen Slurry Seal, Inc. (Santa Fe Springs, CA) $245,800 Graham Contractor’s, Inc. (San Jose, CA) $248,900
Global Road Sealing, Inc. (Garden Grove, CA) $279,000
Pavement Rehab Co., Inc. (Costa Mesa, CA) $373,000
Engineer’s Estimate $295,000
The requirements of the 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.

The bid from Pavement Coatings Co., the lowest responsive bidder, is regular in all respects.

Pavement Coatings Co. 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 Pavement Coatings Co. in the amount of $224,800.

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. NOE3-22 under CEQA. Construction is anticipated to be completed by summer 2022, weather permitting.

FINANCIAL SUMMARY
There are sufficient funds available in the Local Street Resurfacing Program FY 2021-22 SB1, Project No. WT22003, Account No. 4570-715-800007-240-241-30-45-000-000, to award a Construction Contract to Pavement Coatings Co. in the amount of $224,800 for the Crack Sealing 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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HAMMER LN HAMMER LN

BEN HOLT DR
EL
D
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R
A
D
O
ST

WILSON WY

MARCH LN

MARCH LN

WATERLOO RD

FREMONT ST

MARIPOSA
RD

AIRPORT WY

DR MLK JR BL

MAIN ST

EIGHT MILE RD

DAVIS RD

THORNTON RD

LOWER SACTO
RD

WEST LN

PARK ST

PACIFIC AV

GATEWAY

CHEROKEE RD

ROBERTS RD

ARD RD HOWARD RD

EIGHTH ST

MORADA LN

PACIFIC AV

PERSHING AV

ALPINE AV

WEST LN

HARDING WY

EL DORADO ST
CALI
F
ST

CENTER ST
HO
L
MA
N
R
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TRINIT Y PK

LOWER SACTO

MATHEWS RD

CHARTER WY

CRACK SEALING VARIOUS STREETS,
PROJECT NO. WT22003
LEGEND:

Project Limit
IN/OUT
County Limits
µ
0 0.35 0.7 1.4 2.1 2.8
Miles

ATTACHMENT A
754
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE3-22,

APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE CRACK SEALING VARIOUS STREETS, PROJECT NO. WT22003
On March 3, 2022, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Crack Sealing Various Streets, Project No. WT22003; and
The project will apply crack seal to approximately 23 centerline miles of residential and collector roadways in various streets citywide; and Pavement Coatings Co. is the lowest responsive bidder in the amount of $224,800; 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. NOE3-22 under the CEQA for the Crack Sealing 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 Crack Sealing Various Streets, Project No. WT22003.

3. The City Council awards a Construction Contract between the City of Stockton and Pavement Coatings Co. in the amount of $224,800, 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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755

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 June 14, 2022 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
756

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: CRACK SEALING VARIOUS STREETS, PROJECT NO. WT22003 CEQA Exemption File No.: NOE 3-22
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton’s Public Works Department will be performing repairs via crack seal through various locations Citywide. See attachment A for specific locations. The contractor will provide traffic control and a water pollution control plan.

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 March 2, 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
757

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between PAVEMENT COATINGS CO., a STATE OF CALIFORNIA corporation with a business address at 2150 BELL AVENUE, SUITE 125, SACRAMENTO, CA 95838, 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 CRACK SEALING 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 $224,800.00, 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.

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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 selfinsured 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 EXHIBIT 2 Page 2 of 48
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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 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 EXHIBIT 2 Page 3 of 48
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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 setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.

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6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 30 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 ONE THOUSAND FIVE HUNDRED DOLLARS AND NO/100 DOLLARS ($1,500) 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 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.

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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 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 EXHIBIT 2 Page 6 of 48
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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.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the worksite and shall maintain the 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 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.

EXHIBIT 2 Page 7 of 48
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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.

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.

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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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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

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
95-2916670
Tax Identification No.

Local Construction Contract PAVEMENT COATINGS CO. -PROJECT NO. WT22003 (Updated 12131120)