CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of 2022, between t he CITY OF STOCKTON, a municipal corporation (“C ITY), and STOCKTON 209 CARES, with a business address at 1022 DOUGLAS ROAD, STOCKTON, CA 95207 hereinafter called "CONTRACTOR.,” THIS CONTRACT is for the DEBRIS REMOVAL AND PICKUP (PROJECT NO. OM-22-021), hereinafter referred to as “SERVICE”.
RECITALS
A. CONTRACTOR repres
ents 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 repr
esents 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 repr
esents 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 n
ecessary 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 SERVI
CES. Subject to the ter ms 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. Exhibit A acc
ording 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 reimbursement for costs shall not exceed $ 403,000.00 or as otherwise mutually agreed to in a Contract Change Order.
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EXHIBIT 1
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 certificate s of deposit. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
a. Invoices su
bmitted by CONTRACTOR to C ITY 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 C ITY, CONTRACTOR shall
have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by C ITY 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. Durin
g the term of thi s Contract, CONTRACTOR shall
maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit C (Insurance Requirements and Forms) which is attached to this contract and incorporated by this reference and shall otherwise comply with the other provisions of Exhibit C. Maintenance of proper insurance coverage is a material element of this contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.
CONTRACT
OR 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 C , which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7- 1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
It shall be a requi
rement 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 EXHIBIT 1
self-insurance and shall be at least as broad as ISO CG 20 01 04 13.
The limits o
f 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 suc h 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 self - insurance shall be called upon to protect it as a named insured.
All self-insured r
etentions (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 con
taining 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 reser
ves 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.
CONTRACT
OR 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.
CONTRACT
OR 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 HOL
D HARMLESS. With the exception t hat 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 har mless 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 EXHIBIT 1
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 obl igation 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 exceptio
n 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 excepti
on 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 EXHIBIT 1
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.
CONTRACT
OR’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.
CONTRACT
OR/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 secti
on, 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 per form 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, 2024, 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 com ply
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 S
tockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATI
ON AND HARASSMENT POLICY
The City of Stoc
kton has a Discrimination and Harassment Policy (Exhibit D). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination EXHIBIT 1
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 STANDARD
S 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
CONTRACT
OR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done.
CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRAC
TOR performing the work shall be responsible for
obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the worksite and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTR
ACTOR 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 EXHIBIT 1
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 CONTRAC
TOR 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 CONTRA
CTOR 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 EMPL
OYMENT ORDINANCE
Pursuant to St
ockton 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 s ubcontractor 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. CI
TY reser ves 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 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.
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EXHIBIT 1
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. C ITY shall make avail able to
CONTRACTOR all data and information in the possession of C ITY which both parties deem necessary to complete the work, and C ITY 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 C ITY 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. T
his Agreement is ef fective 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 STAT
US. In performi ng 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 C ity for any purpose.
All persons working for or under the direction of CONTRACTOR are its agents and employees and are not agents of the C ITY. 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 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 perfor
mance of
this Contract any third persons are employed by
CONTRACTOR, such persons shall be entirely and exclusively under the EXHIBIT 1
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 furt
her understood and agreed that CONTRACTOR must issue W- 2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR’S personnel.
ii. As an independent
contractor, CONTRACTOR hereby indemnifies and
holds CITY harmless from any and all claims that may be made against the CITY based upon any contention by any third party that employer - employee relationship exists by reason of this Contract.
12. ASSIGNMENT.
CONTRACTOR shall not a ssign, 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 CON
TROLLING. Headings used in th e Contract are for
reference purposes only and shall not be considered in construing this Contract.
14. NOTICES. Any a
nd all notices her ein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To CONTRACTOR:
Stockt
on 209 Cares To City: Public Works Director
1022 Douglas Road City of Stockton
Stockton, CA 95207 22 E. Weber Ave.,
Rm. 301
Stockton, CA 95202
15. LICENSES, CE
RTIFICATIO NS, 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. CONTRACTO R covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.
16. RECORDS AND AUDITS. CI
TY reserves the right to periodically audit all
charges made by CONTRACTOR to CITY for services under this Contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
CONTRACTOR agree
s that CI
TY or its delegate shall have the right to review,
obtain, and copy all records pertaining to performance of the Contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall EXHIBIT 1
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. CONFIDENTIALI
TY. CONTRACTOR shall exer cise 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 CI TY 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 g overn 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 RESOLU
TION. 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 contr
oversy
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 D istrict Court of California, Eastern District, Sacramento Division.
2. If any litigat
ion 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 in- house legal services), costs and necessary disbursements incurred in such action or proceeding.
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EXHIBIT 1
22. NO PERSONAL LIABILITY. No official or employee of CITY shall be personally liable to C ONTRACTOR in the event of any default or breach by CITY or for any amount due CONTRACTOR.
23. INTEGRATIO
N AND MODIFICATION. The response by CONTRACTO R
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 prov isions 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 RIG
HTS. Nothing in this Contr act shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. //
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EXHIBIT 1
26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.
IN WITNE
SS WHE
REOF: the parties have executed this Contract the day and year first hereinabove written.
CITY OF ST
OCKTON STOCKTON 209 CARES
By: By:
HARRY BLACK Signature
CI
TY MANAGER
ATTEST:
Print Name
By:
ELIZA R. GARZA, C MC Title:
CITY CLERK
APPROVED AS TO F
ORM:
By:
DEPUTY CITY ATTORNEY
Nancy lamb
President
EXHIBIT 1
REQUEST FOR PROPOSALS
FOR
DEBRIS REMOVAL & PICKUP
PROJECT NO. OM-22-021
Issued by:
City of Stockton
Public Works Department
22 E. Weber Avenue, Room 301
Stockton, CA 95202
Date Issued: -DQXDU\
Date Proposals Due: -DQXDU\DWSP
LATE SUBMITTALS WILL NOT BE ACCEPTED
EXHIBIT 1
EXHIBIT A
1.0 INTRODUCTION
The City of Stockton (City) is requesting written proposals from qualified organization(s) (Contractor(s)) to provide services for removal and pickup of all debris, litter and illegally dumped items throughout the City of Stockton.
2.0 BACKGROUND
City of Stockton is located near the San Joaquin River in the northern San Joaquin Valley and serves an area of approximately 65.26 square miles with an estimated population of 312,697 as per the California Department of Finance (2019).
City of Stockton is working with private contractors to provide disposal services for all debris, litter and illegally dumped items throughout the City of Stockton and all City-owned facilities. In the past, City issued annual purchase orders to acquire these services.
Moving forward, City is transitioning to multiyear contracts. The selected contractor will enter into a Contractor Services Agreement with the City and perform work as described in the Scope of Services section.
3.0 PROJECT DESCRIPTION
The City of Stockton intends to sign a contract with Contractor(s) to continue providing services for the removal and pickup of all debris, litter & illegally dumped items throughout the City of Stockton and for all City-owned facilities.
The City intends to create a long-term relationship with a Contractor(s) who can provide the above mentioned removal & pickup services in a high quality and customer-focused manner to the City. The City may award a contract to one (1) Contractor or to multiple Contractors whose offer represents the “best value” to the City, price and other factors considered.
4.0 SCOPE OF WORK
The City of Stockton requires Contractor(s) to remove and pickup all debris, litter & illegally dumped items from locations specified by the Public Works Department throughout the City of Stockton, at all City owned facilities, and as directed by the City.
The designated area for debris removal is bounded by the City limits of the City and includes all public right-of-way’s (ROWs), easements, City parks, alleys, and City debris staging areas within the unincorporated areas of the City. All debris identified by the Public Works Director or their designee shall be removed.
EXHIBIT 1
EXHIBIT A
4.1 Services to be Provided
x Contractor(s) shall provide all labor and equipment needed to complete the cleanup at no additional cost to the City. City will provide bags for the containment of litter as needed.
x Contractors(s) shall provide one (1) or more crews of three to four (3 to 4) workers and one (1) working supervisor and work independently from Monday to Friday without City oversite.
x The City will provide the Contractor(s) with a monthly debris removal schedule in advance and no less than 24-hours’ notice, prior to any debris removal activity. The assigned Contractor(s) will be responsible for removal and pickup of all debris, litter & illegally dumped items from these locations. x Contractor(s) agree to notify City before 6:00 AM on the days that Contractor(s) employees are unable to work due to equipment failures, illness or any other reason. Contractor(s) crew will clean to a level of cleanliness as determined by the City staff.
x Contractor(s) shall transport debris, litter and illegally dumped items to the disposal facility (facilities) designated by the City. City will be responsible for disposal costs.
x Contractor(s) shall transport all appliances, tires and electronics to the City Corp Yard and placed in the proper containers for disposal. x Contractor(s) shall document services rendered by maintaining a record/log of work completed on the days, dates, times and locations. x Contractor(s) shall scan dump tags daily and report completed work orders daily to the City of Stockton.
x Contractor(s) shall include work orders completed and tons collected on their invoices for tracking and auditing purposes.
x Contractor(s) shall convert invoice backup files to pdf and upload with the invoice into MUNIS so invoice submission is complete.
x Contractor(s) shall use “Ask Stockton” to input locations with debris piles that are not covered by a work order.
x Contractor(s) agrees to fully participate in community, operational and status meetings as scheduled by City.
x In addition, other duties of a similar nature may be assigned as needed by the City.
EXHIBIT 1
EXHIBIT A
4.2 Requirements
x Contractor(s) shall perform all work in a professional manner and be familiar with all best management practices for debris pick-up.
x Contractor’s vehicle(s) shall be marked with the Contractor’s name (driver and passenger side) and approved by the City.
x Contractor(s) shall furnish any and all Personal Protective Equipment (PPE, including COVID related PPE , including but not limited to masks and a daily supply of hand sanitizer as requested by the City) to their employees for the cleaning task and working in high-speed, high-volume roadways in compliance with the California Manual of Uniform Traffic Control Devices (CA-MUTCD), OSHA and others, including, but not limited to, PPE safety vests (class II/III), nitrile gloves, puncture-resistant gloves, eye protection, ear protection, face masks, safety-toed shoes and other appropriate PPE.
City will not supply uniforms or above-mentioned PPE.
x Contractor(s) shall adhere to “Part 6 Temporary Traffic Control” of the CA- MUTCD.
x Contractor(s) shall provide all safe work zone devices for its employees pursuant to the CA-MUTCD, such as traffic control signage, cones, etc. x Contractor(s) is responsible for ensuring their driver maintains a valid driver’s licenses and their equipment legally fit for travel on public roads.
4.3 Locations
Every month the City will provide Contractor(s) a calendar with litter, debris & illegally dumped items removal and pickup schedule, so that Contractor(s) can coordinate its work crew activities for the City.
Contractor(s) agrees to notify City before 6:00 A.M. on days Contractor(s) employees are unable to work due to inoperable equipment, illness, or any other reason. Contractor(s) will also advise the City’s designated Contract Manager one (1) week in advance of permanent changes to schedules.
4.4 Contract Period
Any resultant Contract shall be effective from date of contract execution and shall remain in full force and effect for a period of two (2) years, with the option of two (2) one (1) year extension if mutually agreeable.
The City reserves the right to terminate the Contract at any time as a result of unsatisfactory performance, or funding constraints.
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4.5 Work Hours
The Contractor(s) must be able to provide debris removal & pickup services between the hours of 7:00 a.m. and 3:30 p.m. Monday thru Friday excluding City employee holidays. In addition, occasional Saturdays may be necessary to be determined on an as needed basis. Extended debris removal & pickup hours may be requested by the Director of Public Works or designee as needs arise. The selected contractor must reasonably accommodate such requests.
4.6 Materials and Equipment
The Contractor(s) must furnish all supervision, labor, materials, equipment and transportation required to complete the work at no additional cost to the City. City will provide bags for the containment of litter as needed.
4.7 Price Adjustment
The proposed hourly labor rates shall remain the same for the first two (2) years of the contract. Hourly labor rates shall be increased by 2.5% on an annual basis for mutually agreed contract extensions.
4.8 Contract Representative
During the performance of the contract, the City will be represented by the Director of Public Works or their designee. The Contractor shall appoint a Project Manager who shall be responsible for the performance of the work and an alternate(s) who shall act for the Contractor when the Project Manager is absent. The names of the Project Manager and alternate(s) shall be provided in writing to the City.
4.9 Payment Procedure
Contractor(s) shall provide the City with a monthly itemized invoice in a format and with a level of detail acceptable to the City. Invoices shall be accompanied by documentation of expenses for which reimbursement is sought, as well as other supporting documentation required by the City. Contractor will submit monthly itemized invoices promptly, no later than fifteen (15) days after the end of the reporting month. Contractor will be paid for services rendered after receipt of the itemized invoice for the work completed and once approved by the City.
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4.10 Reports and Information
At such times and in such forms as the City and/or the appropriate funding entity may require, there shall be furnished to the City, such statements, records, data and information as the appropriate funding entity or the City may request pertaining to matters covered by this Contract. Unless authorized by the City, the Contractor(s) will not release any information concerning any work product including any reports or other documents prepared pursuant to the Contract until the final product is submitted to the City.
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DEBRIS REMOVAL& PICKUP
COST PROPOSAL FORM
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NOTE: The City of Stockton is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s). Please see attached flyer regarding PINS Advantage.
Exhibit C:
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 th at 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.
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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 “primar y and
non-contributory” and will not seek contribution from the City’s insurance or self- insurance and shall be at least as broad as CG 20 01 04 13. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insurance policy required above shall 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 EXHIBIT 1
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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 M anagement 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 ori
ginal 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 m
aintain 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 EXHIBIT 1
EXHIBIT C
Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the contract documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the owner contract document indemnity and insurance provisions will be furnished to the subcontractor upon request. Contractor shall provide proof of such compliance and verification to the City upon request.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Stockton
Attn: City Risk Services
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
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