CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton (“City”) and Granite Construction Co. (“Contractor”) to provide the purchase of hot mix asphalt concrete as set forth in Exhibit A to this Agreement.
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on:
Terminates on: 12/31/2025 with an additive bid alternate for material purchase for additional two calendar years.
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms & Conditions
Goods and Services Special Terms & Conditions (d) Exhibit D – (e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
(g) Exhibit G - Special Funding Terms & Conditions (If applicable check box)YES ARPA IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
Authorized Signature Date
Printed Name and Title of Person Signing
Address
CITY OF STOCKTON
Harry Black, City Manager Date
ATTEST:
Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
(Rev. 10.27.22)
3,008,000.00
Agreement Number:
Granite Construction Co., State of California Corporation 585 West Beach Street, Watsonville, CA 95076
Jacob Hinchey, Manager of Construction Materials
12/13/22
ATTACHMENT A
SPECIAL PROVISIONS
FOR
PURCHASE OF HOT MIX ASPHALT
PROJECT NO. WD23003
A multi-year Supply Contract through December 31,
2025
Bid Opens: Thursday, October 06, 2022, 2 P.M.
EXHIBIT A
ATTACHMENT A
SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
TABLE OF CONTENTS
SECTION 1 – GENERAL ...................................................................................................... SP-1 1-1.01 Terms and Definitions ......................................................................... SP-1 SECTION 2 – BIDDING ............................................................................................ SP-1 2-1.01 General................................................................................................ SP-1 2-1.02 Specifications ...................................................................................... SP-2 SECTION 3 – CONTRACT AWARD AND EXECUTION........................................... SP-2 3-1.01 Contract Award.................................................................................... SP-2 3-1.02 Bid Protest……….. ............. ................................................................. SP-2 3-1.03 Contract Award.................................................................................... SP-3 SECTION 4 – SCOPE OF WORK............................................................................. SP-4 4-1.01 Purpose ............................................................................................... SP-4 SECTION 5 – CONTROL OF WORK........................................................................ SP-4 5-1.01 Quality of Material ............................................................................... SP-4 5-1.02 Submittals............................................................................................ SP-4 SECTION 6 – Plant Schedule and Liquidated
Damages........................................................................................................... SP-5 5-1.01 Plant Schedule…....... .......................................................................... SP-5 5-1.02 Liquidated Damages............................................................................ SP-5 SECTION 7 – BLANK................................................................................................ SP-5 SECTION 8 – BLANK................................................................................................ SP-5 SECTION 9 – PAYMENT .......................................................................................... SP-6 9-1.01 Payments
............................................................................................ SP-6 9-1.02 Payment Adjustment for Price Index Fluctuations ............................... SP-6 9-1.03 Asphalt Quantities ............................................................................... SP-6
EXHIBIT A
ATTACHMENT A
SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
9-1.04 Increase or Decrease Quantities ......................................................... SP -6 9-1.05 Quantities ............................................................................................ SP-7 SECTION 10 – ORDER AND SUPPLY LOGISTICS................................................. SP-8 10-1.01 Ordering ............................................................................................ SP-8 10-1.02 Material Pick-Up ................................................................................ SP-9 10-1.03 Manufacturing of Material .................................................................. SP-9 10-1.04 Successors and Assigns ................................................................... SP-9
EXHIBIT A
ATTACHMENT A
SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
SECTION 1 – GENERAL
1-1.01 Terms and Definitions
Wherever in the Standard Specifications, Special Provisions, Notice to Contractors, Proposal, Contract, or other contract documents the following terms are used; the intent and meaning shall be interpreted as follows:
City or Owner - City of Stockton
Director - Director of Public Works, City of Stockton
Standard Specifications - City of Stockton, Standard Specifications, Adopted by City Council on September 27,
2016
Caltrans Specifications - State of California, Dept. of Transportation, dated 2010
Laboratory - City of Stockton's Department of Public Works or consultant laboratory
Department - Department of Public Works, City of Stockton Engineer - City Engineer, City of Stockton, acting either directly or through properly authorized
Engineer agents and consultants.
************************************************************************************************************* SECTION 2 – BIDDIN
G
2-1.01 General
The bidder's attention is directed to the "Notice to Bidder’s" for the date, time and location of the pre-bid meeting, if applicable. Refer to the City of Stockton’s Bid Flash webpage:
http://www.stocktongov.com/services/business/bidflash/default.html The bidder's attention is directed to the provisions in Section 2, "Bidding," of the Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid.
The Bidder's bond form mentioned in Section 2-1.34, "Bidder’s Security," of the Standard Specifications will be found following the signature page of the Proposal.
In conformance with Public Contract Code Section 7106, a Non-collusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Non-collusion Affidavit.
EXHIBIT A
ATTACHMENT A
SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
2-1.02 Specifications
The work described herein shall be done in accordance with the current City of Stockton, Department of Public Works, Standard Specifications and the current Editions of the State of California, Department of Transportation Standard Specifications and Standard Plans and in accordance with the following Special Provisions. To the extent the California Department of Transportation Standard Specifications implement the STATE CONTRACT ACT they shall not be applicable since the City of Stockton is not subject to said ACT.
In case of conflict between these Special Provisions and the City Standard Specifications and Plans, the Special Provision shall take precedence. In case of conflict between the City Standard Specifications and Plans and the State of California Department of Transportation Standard Specifications and Plans, the City Standard Specifications and Plans shall take precedence. In the event of a conflict between the governing codes, the State and City Standard Specifications, and these Special Provisions, the governing code requirements shall take precedence. ************************************************************************************************************* SECTION 3 – CONTRACT
AWARD AND EXECUTION
3-1.01 Contract Award
Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of contract.
Bid protests shall comply with Section 2-1.51 “Bid Protests,” of the Standard Specifications.
If the City awards the Contract, the basis of the award will be the responsible bidder with the lowest base bid whose proposal complies with all prescribed requirements. 3-1.02 Bid
Protest
All parties wishing to file a protest shall comply with the procedures set forth below:
All protests regarding the bidding process or award, or intended award, of any contract must be submitted in writing to the City Attorney on or before 5:00 p.m. of the fifth business day following the opening of all bids, unless a different time period is specified in the Notice Inviting Bids or other bid solicitation documents. All protests must be addressed to:
City Attorney
City of Stockton
425 North El Dorado Street, 2
nd Floor
Stockton, CA
95202
The party filing the protest must have submitted a bid for the work. A subcontractor of a bidder may not submit a bid protest.
The protest shall contain a complete statement specifying in detail the grounds of the
EXHIBIT A
ATTACHMENT A
SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
protest and the facts in support thereof. The protest must be hand delivered or send via mail so that the City Attorney receives it within the time period set forth above. The protest documents must include the following:
A complete statement of the factual and legal basis for the protest; The protest must include the name, address and telephone number of the person representing the protesting party; and
The protesting party must concurrently transmit a copy of the written protest document and any attached documentation to all other bidders who may have a reasonable prospect of receiving the award depending on the outcome of the protest.
The procedure and time limits set forth herein are mandatory and the bidder’s sole and exclusive remedy in the event of a protest. No bidder may bring an action or proceeding challenging the bidding process or any award, or intent to award, any contract unless the above procedures are followed. The failure of a party originating a protest to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filling a government code claim or legal proceeding. The City reserves the right to modify the bid protest procedures in the Notice Inviting Bids or other bid solicitation documents and to require any protesting party to submit additional or clarifying information or documentation in support of any protest. 3-1.03 Contract Execution
The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds, to the Agency so that it is received within 10 days, not including Saturdays, Sundays and legal holidays, after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty.
The executed contract documents shall be delivered to:
City of Stockton
Public Works Department
Attn: Katrina Cooper
1465 S. Lincoln Street
Stockton, CA 95206
EXHIBIT A
ATTACHMENT A
SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
SECTION 4 – SCOPE OF WORK
4-1.01 Purpose
The purpose of this bid is to request bidders to present their qualifications and capabilities to provide for the City of Stockton’s PURCHASE OF HOT MIX ASPHALT in incremental quantities through a multi-year supply contract. ************************************************************************************************************* SECTION 5 – CONTROL OF WORK
5-1.01 Quality of Material
All material to be furnished shall be supplied in accordance with Section 39 of Caltrans Standard Specifications. Asphalt binder used shall comply with the specifications of asphalts and the binder grade shall be PG 64-10 or higher (such as PG 64-16, 70-10, or 76-10). Contractor may also furnish reclaimed hot-mix asphalt in accordance with Section 39-1.02F of Caltrans Specifications. The RAP content shall not exceed 15% by weight in such mix.
The contract supplier shall submit a Hot-mix asphalt mix design by a certified testing laboratory within 30 days after award of the contract. If RAP is proposed to be used, a separate mix design shall be provided.
At the Engineer’s discretion, the contract supplier may be allowed to furnish rubberized hot mix asphalt (RHMA) if the conventional mixes listed in the contract line items are not available due to
special circumstances. RHMA shall conform to section 39-1.04E of the Caltrans Specifications and shall be paid according to the appropriate contract line item (i.e., no extra pay).
5-1.02 Submittals
The following is a list of anticipated submittals for the project. The list is provided to aid the Contractor in determining the scope of work, but is not intended to be all- inclusive and additional submittals may be required:
Hot mix asphalt design by a certified laboratory
Current sales and use tax rate in effect in the City of Stockton Weight slips for HMA
Plant Schedule
The Contractor shall transmit each submittal to the Engineer for review and approval with the submittal form approved by the Engineer.
All submittals shall be submitted within 30 calendar days from the date of the fully executed contract.
Any incomplete submittals will be returned for resubmittal. When revised for resubmission, identify all changes made since the previous submission.
EXHIBIT A
ATTACHMENT A
SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
Except as may otherwise be indicated herein, the Engineer will return prints of each submittal to the Contractor with comments noted on the submittal. The Contractor shall make complete and acceptable submittals to the Engineer by the second submission of a submittal item. The City reserves the right to withhold monies due to the Contractor to cover additional costs of the Engineer’s review beyond the second submittal.
If a submittal is returned to the Contractor marked “NO EXCEPTIONS TAKEN,” formal revision and resubmission of said submittal will not be required.
If a submittal is returned to the Contractor marked “MAKE CORRECTIONS NOTED,” formal revision and resubmission of said submittal will not be required.
Full compensation for conforming to the provis ions in this section shall be considered as included in the prices paid for the various bid items involved, and no additional compensation will be allowed therefore.
SECTION 6 – PLANT SCHEDULE AND LIQUIDATED DAMAGES
6-1.01 P lant
Schedule
The batch plant producing HMA shall be open Monday to Friday from 7:00 A.M. to 3:30 P.M. Anytime the batch plant is scheduled for shutdown from producing hot mix asphalt or re-scheduling asphalt production for City Project No. WD23003, a written notice shall be provided to the City at least 7 calendar days prior.
Full compensation for conforming to the provis ions in this section shall be considered as included in the prices paid for the various bid items involved, and no additional compensation will be allowed therefore.
6-1.02 Liquidated Damages
Attention is directed to the provision in Section 8-1.10, Liquidated Damages,” of the Caltrans Specifications and these Special Provisions.
The Contractor shall pay liquidated damages to the City of Stockton in the amount of $1,000 (One Thousand Dollars) per each incident a written notice was not provided at least 7 calendar days prior to a scheduled shutdown or re-scheduling asphalt production for City Project No. WD23003.
Full compensation for conforming to the provis ions in this section shall be considered as included in the prices paid for the various bid items involved, and no additional compensation will be allowed therefore.
********************************************************************************************************* **** SECTION 7 – BLANK
SECTION 8 – BLANK
************************************************************************************************************
EXHIBIT A
ATTACHMENT A
SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
SECTION 9 – PAYMENT
9-1.01 Payments
Attention is directed to Sections 9-1.16, "Progress Payments,” and 9-1.17, "Payment After Contract Acceptance,” of the Caltrans Specifications.
Full compensation for all labor, equipment, tools, materials, services, travel, and incidentals and for supplying hot mix asphalt in conformity with the Contract Documents will be included in the prices paid for the various contract bid items and no additional compensation will be allowed, therefore. Material will be paid on the load tonnage, with a furnished Public Weight Master Certificate for each delivery. No other compensation will be made except for the items listed in the Bid Proposal or otherwise described further below.
9-1.02 Payment Adjustment for Price Index Fluctuations Prices quoted shall be firm from the contract award date, until the end of the quarter.
The Contractor may request a price escalation adjustment once each quarter if there are significant changes in the market. The beginning of each quarter shall be defined as effective from the first day of the month that the agreement is put into effect.
The Contractor may submit a proposed price escalation notice, in writing, to the City of Stockton Public Works Department not earlier than thirty (30) days after the beginning of each quarter, not less than thirty (30) days prior to the end of each quarter. Such notice shall include substantiated information to support the proposed escalation (ie:
manufacturer’s price list, significant changes in published market indicators for the industry, certified raw material cost data, California Statewide Crude Oil Price Index, and any other substantiating information as requested by the City of Stockton.) Upon receipt of the price escalation notice, the City of Stockton reserves the right to either:
Accept the price escalation as competitive with the general market price at that time, effective the first day of the next quarter. Such acceptance will be acknowledged with a contract change order; or
Cancel any unpurchased balance of the contract without prejudice, effective on receipt of such cancellation notice.
No price increase shall apply to quantities ordered from the contract prior to the effective date of any price increase notice and acceptance by the City of Stockton by
contract change order.
9-1.03 Asphalt Quantities
Only a public weighmaster’s certificate for HMA, as specified in Section 9-1.07A, of the Caltrans Specifications will be accepted.
9-1.04 Increase or Decrease Quantities
The 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 or to omit 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
EXHIBIT A
ATTACHMENT A
SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
required for the proper completion or construction of the whole work contemplated, without adjustment in the base unit price as bid. Section 9-1.06B and Section 9-1.06C of the Caltrans Specifications shall not apply.
Any such changes will be set forth in a contract change order, which will specify, in addition to the work to be 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 Public Works Director. City Manager and/or City Council approval may be necessary depending on the amount of the change order.
9-1.05 Quantities
The quantity of material shown on the Base Bid List is approximate, being given as a basis for the comparison of bids. The City of Stockton does not, expressly or by implication, agree that the actual amount of material purchased will correspond therewith, and reserves the right to increase or decrease the quantities, or to omit items as may be deemed necessary or advisable by the City Engineer. Supplier shall not exercise right of material allocation during the term of this contract.
If during the term of this contract, total tonnage requirement increases or exceeds the original contract amount, and the City of Stockt on opts to amend this original contract
reflecting increased tonnage, the price per ton shall be at a cost not more than the original contract price.
Base Bid Schedule
Item Description Unit Estimated Quantity
Calendar Year 2023: January 1, 2023 to December 31, 2023 1 Hot Mix Asphalt, 3/4-inch, Type “A” Tons 11,000
2 Hot Mix Asphalt, 1/2-inch, Type “A” Tons 1,000
3 Hot Mix Asphalt, 3/8-inch, Type “A” Tons 1,000
Calendar Year 2024: January 1, 2024 to December 31, 2024 4 Hot Mix Asphalt, 3/4-inch, Type “A” Tons 11,000
5 Hot Mix Asphalt, 1/2-inch, Type “A” Tons 1,000
6 Hot Mix Asphalt, 3/8-inch, Type “A” Tons 1,000
Calendar Year 2025: January 1, 2025 to December 31, 2025 7 Hot Mix Asphalt, 3/4-inch, Type “A” Tons 11,000
8 Hot Mix Asphalt, 1/2-inch, Type “A” Tons 1,000
9 Hot Mix Asphalt, 3/8-inch, Type “A” Tons 1,000
Alternate Bid Schedule (Optional Annual Contract Extensions)
EXHIBIT A
ATTACHMENT A
SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
Item Description Unit Estimated Quantity
Calendar Year 2026: January 1, 2026 to December 31, 2026 10 Hot Mix Asphalt, 3/4-inch, Type “A” Tons 11,000
11 Hot Mix Asphalt, 1/2-inch, Type “A” Tons 1,000
12 Hot Mix Asphalt, 3/8-inch, Type “A” Tons 1,000
Calendar Year 2027: January 1, 2027 to December 31, 2027 13 Hot Mix Asphalt, 3/4-inch, Type “A” Tons 11,000
14 Hot Mix Asphalt, 1/2-inch, Type “A” Tons 1,000
15 Hot Mix Asphalt, 3/8-inch, Type “A” Tons 1,000
Notes:
1. The bid shall be for material at bidder's Hot Mix Asphalt plant with pick-up to be made by the City on an "as-needed" basis in incremental quantities.
2. Each bidder shall bid each item on the Base Bid Schedule and Alternate Bid Schedule. Failure to bid an item shall be just cause for considering the bid as non- responsive.
The basis of contract award will be the low bidder for the Base Bid Schedule combined with the City’s pre-determined hauling costs. The City will add to the total amount bid, the sum of $0.22 per ton per mile, for hauling costs between the HMA supply plant and a fixed location in central Stockton – the El Dorado Street Bridge over the Calaveras River.
Official bid documents, including plans and specifications, are available on the City of Stockton website at:
http://www.s
tocktongov.com/services/business/bidflash/default.html
All bids submitted for this project must conform to the requirements of the official bid documents, including plans and specifications.
************************************************************************************************************* SECTION 10 – ORDER
AND SUPPLY LOGISTICS
10-1.01 Ordering
Material will be ordered and picked up as required by the City of Stockton.
EXHIBIT A
ATTACHMENT A
SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
10-1.02 Material Pick-Up
The City of Stockton’s Department of Public Works will call to the successful supplier's plant or storage area to have City-owned or contract transport trucks loaded by such supplier as required, during the normal operating business hours of the supplier or at the minimum business hours of Monday to Friday from 7:00 A.M. to 3:30 P.M. whichever is greater.
10-1.03 Manufacturing of Material
Should it not be possible in certain instances for the supplier to make material available to the City of Stockton, the City reserves the right to obtain the required material from other vendors. The contract supplier shall have no recourse or claim against the City for any such purchases.
10-1.04 Successors and Assigns
City of Stockton and supplier each bond themselves, their partners, successors, assigns, and legal representatives to this agreement without the written consent of the others. Suppliers shall not assign or transfer any interest in this agreement without the prior written consent of the City. Consent to any such transfer shall be at the sole discretion of the City of Stockton.
EXHIBIT A
ATTACHMENT A
(Rev. 1
0.30.18)
EXHIBIT B
INSURANCE
(LEFT INTENTIONALLY BLANK. DOES NOT APPLY TO THIS PROJECT)
EXHIBIT B
ATTACHMENT A
(Rev. 10.30.18; Mod 07.12.22 SG)
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoic
es submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon compl
etion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor ’s Work . All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor ’s work sh all be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work . All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree
EXHIBIT C
ATTACHMENT A
(Rev. 10.30.18; Mod 07.12.22 SG)
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final deliver y to the City, the Contractor shall replace them at its own expense.
Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contrac tor to comply with the time limit s described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's
EXHIBIT C
ATTACHMENT A
(Rev. 10.30.18; Mod 07.12.22 SG)
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Con tractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W -2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, super vision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that Contractor must issue W -2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.
EXHIBIT C
ATTACHMENT A
(Rev. 10.30.18; Mod 07.12.22 SG)
11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party ’s option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity and Hold Harmless . To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.
14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws . Contractor shall comply with all applicable Federal, State, and Municipal law s, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
EXHIBIT C
ATTACHMENT A
(Rev. 10.30.18; Mod 07.12.22 SG)
17. Licenses, Certifications and Permits . Prior to the City ’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits . Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest . Contractor covenants that other than this Agr eement, 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 m anner of degree by the performance of Contractor ’s services under this Ag reement. If such an interest arises, Contractor shall immediately notify the City.
21. Waiver . In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
22. Governing Law . California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the Cit y or for any amount due Contractor.
EXHIBIT C
ATTACHMENT A
(Rev. 10.30.18; Mod 07.12.22 SG)
24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non- discrimination and equal opportunity, including without limitation the City ’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure. Neithe r party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a for ce majeure event, and to use diligent efforts to re- commence performance as promptly as commercially practicable.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
EXHIBIT C
ATTACHMENT A
(Rev. 10.30.18; Mod 07.12.22 SG)
29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorn eys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
EXHIBIT C
ATTACHMENT A
(Rev. 4.18.22)
EXHIBIT D
GOODS AND SERVICES TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilitie s
described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fu lly and to the standard of per formance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible materi al, work or thing delivered by one party to the other, includi ng associated technic al documentation. A
deliv
erable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the purchase of goods and services only. The special condit ions shall be read in conjunction with the Standard Agreement, General Terms and Conditi ons (“GTC”) Exhibit B, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special C onditions of the Agreement, t hen unless a different intention stated, the provision(s) of t he Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the ext ent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effe
ct. The Specia
l Conditions shall relate to a
particular project and be peculiar to that proj ect but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the servic es according to the schedule contained in Exhibit F.
3.2 Timeliness of Perform ance i) Contractor shall provide the Services, and Deliverables within the term and within t he time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit E. ii) Neit her Contractor nor
Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
EXHIBIT D
ATTACHMENT A
(Rev. 4.18.22)
4. Standard of Performance
In addition to Exhibit B, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exerci sed by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations , and industry standards. By deliv ery of
completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable feder al, state, and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration, or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with re spect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that requi re the exercise of professional skills or judgment are accomplished by professionals qualified and competent in t he applicable discipline and appropriately licensed, if required by law. Cont ractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a time ly manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply wit h the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance, or payment for any of the Services by the City does not relieve Contractor of its respons ibility for the professional skill and care and technical accuracy of its Serv ices and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be pa id monthly, in arrears on a not to exceed basis, based upon the rates set forth in Ex
hibit D attached hereto and made a part of this Agreement.
Contractor may vary the compensation for eac h task in Exhibit D provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
EXHIBIT D
ATTACHMENT A
(Rev. 4.18.22)
6. Reports and Information
Contractor shall at such times and in su ch forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewit h, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit D.
7. Findings Confidential
All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Cont ractor agrees that they shall not be made available to any individual or organiza tion without the prior written approval of the City. Contractor shall not be required under the pr ovisions of this paragraph to keep confidential any data or info rmation which is or becomes publicly available, is required by applic able law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonabl y cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
8. Right of Inspection
All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contra ctor, the portion of any Deliverable whic h
may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.
9. Warranty
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conf orm to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or advertised by Contractor or the actual m anufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.
EXHIBIT D
ATTACHMENT A
(Rev. 4.18.22)
10. Ownership
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acc eptance, Deliverable deliver ed by Contractor shall become the exclusive property of City. T he ownersh
ip rights described herein shall
include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies , models, samples, materials, drawings, specifications, technical material, adverti sing material and any other personal property furnished by City to Contractor, or specifical ly paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.
11. Applicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
12. Prevailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California D epartment of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.
CONTRACTOR REGISTRATION REQUIREMEN TS- Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Sect ion 4104 of the Public Contract Code, or engage in the performance of any c ontract for public work, as defined in this chapter, unless currently registered and qualified to per form public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public wo rk pursuant to Section 1725.5 at the time the contract is awarded.
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Depar tment of Industrial Relati ons pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
EXHIBIT D
ATTACHMENT A
(Rev. 4.18.22)
No contractor or subcontract or may be awarded a contract fo r public work on a public works project unless registered with the Depar tment of Industrial Re lations pursuant to Labor Code Section 1725.5. Department of Indus trial Relations- Contractor Registration information and web link: https://www.dir.ca.gov/public-works/publicworks.html. In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registra tion from the Department of I ndustrial Relations (DIR) that includes the contractor’s Legal Name, Regi stration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.
This project may be subject to comp liance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards En forcement Compliance Monitoring Unit, as well as the City of Stockton.
13. Shipping Terms
City shipment terms are F.O.B. Destinat ion, Freight Prepaid and Added unless otherwise specified in the Agreement. Contractor shall observe shipping instructions and, unless otherwise stated in the in
structions, shall ship Deliverables in the safest and most economical manner necessary to meet the delivery date spec ified in the Agreement.
Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all indivi dual boxes with stock number and quantity and it ems with different stock number s shall be boxed separately.
City reserves the right to refu se, at Contractor’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.
14. Deliveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided or performed within the times specified in the Agreement, City
may cancel the Agreement and hold Contractor liable for damages incurred due to the untimely delivery including, but not limited to, the additiona l costs resultant from City procuring substitute Deliverables elsewhere.
15. Price and Quantities
Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.
EXHIBIT D
ATTACHMENT A
(Rev. 10.30.18)
EXHIBIT E
COMPENSATION SCHEDULE
The Contr
actor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $3,008,000.00 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does
not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Stan
dard Reimbursable Items : Only the reimbursable items identified in Exhibit A , C, and D ( Compensation), shall be compensated to the Contractor .
Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The C ity shall not pay a markup on any of the items listed in i, ii or iii .
Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, f
ees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any fili
ng fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expe
nses shall be reimbursed in accordance with the C ity’s travel policy, which is incorporated herein by reference.
Reimbursement shall be made at actual costs with no markup added to the actual cost.
1.3 The Contr
actor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.
Thereafter, Contractor must complete se rvices based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
EXHIBIT E
ATTACHMENT A
(Rev. 10.30.18)
1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor ’s invoices previously submitted for acceptable work performed and approved.
1.5 Sub contractor Costs: Compensation for sub contractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed N/A%.
2. Task Price. Be low is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
Item Description Unit Quantity Unit price Total Price
Calendar Year 2023: January 1, 2023, to December 31, 2023 1 Hot Mix Asphalt, 3/4”, Type “A” Tons 11,000 $76.00 $836.,000 2 Hot Mix Asphalt, 1/2”, Type “A” Tons 1,000 $78.00 $78,000 3 Hot Mix Asphalt, 3/8”, Ty pe “A” Tons 1,000 $80.00 $80,000 Calendar Year 2024: January 1, 2024, to December 31, 2024 4 Hot Mix Asphalt,3/4”, Type “A” Tons 11, 000 $77.00 $847,000 5 Hot Mix Asphalt,1/2”, Type “A” Tons 1,000 $79.00 $79,000 6 Hot Mix Asphalt, 3/8”, Type “A” Tons 1,000 $81.00 $81,000 Calendar Year 2025: January 1, 2025, to December 31, 2025 7 Hot Mix Asphalt,3/4”, Type “A” Tons 11, 000 $77.00 $847,000 8 Hot Mix Asphalt,1/2”, Type “A” Tons 1,000 $79.00 $79,000 9 Hot Mix Asphalt, 3/8”, Type “A” Tons 1,000 $81.00 $81,000
3. Hour
ly Rates. The foll owing is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor . Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any
EXHIBIT E
ATTACHMENT A
(Rev. 10.30.18)
changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.
Hourly
Billable Rate Schedule – N/A
4. Addit
ional Fees. Should a n amendment to the Agreement be issued for additional services that require the following items, the unit prices are as follows:
Item Description Unit Quantity Unit price Total Price
Calendar Year 2026: January 1, 2026, to December 31, 2026 1 Hot Mix Asphalt, 3/4”, Type “A” Tons 11,000 $77.00 $847,000 2 Hot Mix Asphalt, 1/2”, Type “A” Tons 1,000 $79.00 $79,000 3 Hot Mix Asphalt, 3/8”, Ty pe “A” Tons 1,000 $81.00 $81,000 Calendar Year 2027: January 1, 2027, to December 31, 2027 4 Hot Mix Asphalt,3/4”, Type “A” Tons 11, 000 $77.00 $847,000 5 Hot Mix Asphalt,1/2”, Type “A” Tons 1,000 $79.00 $79,000 6 Hot Mix Asphalt, 3/8”, Type “A” Tons 1,000 $81.00 $81,000
5. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price
listed in this Exhibit. Invoices shall to be submitted electronically to the City’s Vendor
Self Service portal at http://ww1.stocktonca.gov or mailed to the address:
City of Stockton Public Works Department
Attention: Thinh Phan
1465 S. Lincoln Street
Stockton, CA 95202
EXHIBIT E
ATTACHMENT A
(Rev, 10.27.22)
EXHIBIT F
TIMELIN
E
1. Contracto
r shall complete the requested services identified in Exhibit A as follows:
1.1 TIMELINE FOR COMPLETION OF WORK
EXHIBIT F
ATTACHMENT A
(DEC. 2021) rev 1.18.22
Exhibit G
SUBAWARD AGREEMENT
Special Funding Terms and Conditions
(Left intentionally blank. Does not apply to this project)
ATTACHMENT A