City Council and Concurrent Authorities
March 7, 2023

Stommel Inc., DBA Lehr Auto Electric, OM-23-022
01/11/2023
(Updated 12/31/20)
CONT

RACT FOR SERVICES
THIS CONTRACT is entered into this day of 2023, between the CITY OF STOCKTON, a municipal corporation (“CITY), and STOMMEL INC., DBA LEHR AUTO ELECTRIC a ( STATE OF CALIFORNIA CORPORATION) , with a business address at 631 NORTH MARKET STREET, SUIT E N. SACRAMENTO, CA 95834 , hereinafter called "CONTRACTOR.," THIS CONTRACT is for the POLICE DEPARTMENT AND CITY VEHICLE UP-F ITTING (PROJECT NO. OM-23-022) , hereinafter referred to as “SERVICE”.

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

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

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

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

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

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

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

CONTRACTOR agrees this fee is for full re muneration for performing all services and furnishing all staffing, materials and tools ca lled for in the scope of services. The payments shall be made on a monthl y basis upon receipt and approval of

ATTACHMENT A

Stommel Inc., DBA Lehr Auto Electric, OM-23-022
01/11/2023
(Updated 12/31/20)
CONTRACTOR’S invoice for completed work. Total compensation for services and reimbursement for costs shall not exceed $2,158,045.80 or as otherwise mutually agreed to in a Contract Change Order.

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

3. INSURANCE. During the term of this Contract, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth 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 contra ct and that failure to mainta in or renew coverage or to provide evidence of renewal may be treated as a materi al breach of contract.

CONTRACTOR shall not commence any work before obtaining, and s hall 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 requirement under this agreement that any av ailable insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available
to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement;
or (2) the broader coverage and maximum limits of coverage of any insurance

ATTACHMENT A

Stommel Inc., DBA Lehr Auto Electric, OM-23-022
01/11/2023
(Updated 12/31/20)
policy or proceeds available to the named Insured; whichever is greater.

The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.

The limits of insurance requir ed in this agreement may be sati sfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contai n a provision that such co verage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreem ent) before the City of Stockton’s own insurance or self- insurance shall be called upon to protect it as a named insured.

All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce t he limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.

Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.

The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event cont ractor fails to obtain or maintain completed operations coverage as required by this agreem ent, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONTRACTOR.

CONTRACTOR agrees to include with all Subcont ractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.

Subcontractors hired by CONTRACTOR ag ree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Docu ments. CONTRACTOR further agrees to include these same provisions with any subcontractor regardle ss of tier. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The CONTRACTOR shall require all Subcontra ctors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the CITY.

4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a greater extent than permitted under t he public policy of the State of California, CONTRACTOR shall indemnify, protect, defend with counsel approved by CITY and at CONTRACTOR’S

ATTACHMENT A

Stommel Inc., DBA Lehr Auto Electric, OM-23-022
01/11/2023
(Updated 12/31/20)
sole cost and expense, and hold harmless CITY, its Mayor, Council, officials, representatives, agents, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, aw ards, losses, liens, claims, stop notices, damages, expenses, and costs (inc luding without limitation a ttorneys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, State, or m unicipal law or ordinance, or City Policy, by CONTRACTOR or CONTRA CTOR’S officers, agents, employees, volunteers or subcontractors. CONTRACTOR shall not be obligated to indemnify or defend CITY for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the CITY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of CONTRACTOR to CITY, the intent hereunder is to provide the maximum defense and indemnity obligat ions allowed by CONTRACT OR under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

With exception that this section shall in no event be construed to require indemnification, including the duty to defend, by CONTRACTOR to a greater extent than permitted under the public policy of t he State of California, the parti es agree that CONTRACTOR’S duty to defend CITY is immediate and arises upon the filing of any claim against the CITY for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by CONTRACTOR or CONTRACTOR’S officers, agents, employ ees, volunteers or subcontractors.

CONTRACTOR’S duties and obligations to def end the CITY shall apply regardless of whether or not the issue of the CITYS liability, breach of this Agreement, or other obligation or fault has been determined. CONTRACTOR shall be immediately obligated to pay for CITY’S defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal. At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the CITY, CITY will then reimburse CONTRA CTOR for amounts paid in excess of CONTRACTOR’S proportionate share of responsibility for the damages within 30 days after CONTRACTOR provides CITY with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures CONTRACTOR is not obligated to defend or indemnify CITY in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

With the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a grea ter extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, CONTRACTOR shall indemnify, defend, an
d hold harmless CITY, its Mayor,

ATTACHMENT A

Stommel Inc., DBA Lehr Auto Electric, OM-23-022
01/11/2023
(Updated 12/31/20)
Council, officials, representatives, agents employees and volunteers from and against all claims, losses, expenses, and costs including, but not limited to attor neys’ fees, arising out of any claim brought against the CITY by an employee, office, agent, or volunteer of CONTRACTOR, regardless of whether such claim may be covered by any applicable workers c ompensation ins urance. 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 ac ts, disability acts, or other employee benefit acts.

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

CONTRACTOR/Subcontractor's responsibil ity for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.

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

5. SCHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this reference. This contr act shall commence on the date written above and shall expire on June 30, 2025, unless extended by mutual agreement through the issuance of a Contract Change Order. This contract provides for three (3), one (1) year extensions at the same rates and terms as outlined in Exhibit A and Exhibit B.

6. CONFORMANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in,
be denied the benefits o f, or be subjected to
discrimination under any pr ogram or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. //
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ATTACHMENT A

Stommel Inc., DBA Lehr Auto Electric, OM-23-022
01/11/2023
(Updated 12/31/20)
b.

DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit
D). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all i ndividuals by strictly prohibiting discrimination and harassment, includ ing sexual harassment in the workplace, to define the types of behav ior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace. c. LABOR STANDARDS PROVIS IONS/CALIFORNIA LABOR CODE
The bidder
shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor C ode shall be considered part of the contract agreement. http:// /www.leginfo.ca.gov/cgi-
bin/displaycode?section=lab&group=01001-02000&file=1770-1784. d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordanc
e 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 applic able to the work to be done.

CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and s hall distribute copies to each subcontractor. As the wage determi nation for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual co st of engineering, inspection,

ATTACHMENT A

Stommel Inc., DBA Lehr Auto Electric, OM-23-022
01/11/2023
(Updated 12/31/20)
superintendence, and or other ov erhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement wil l not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the Stat e of California. To forfeit as a penalty to CITY the sum of TWENTY FIVE 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 duri ng which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of t he provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the cont ract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Comp liance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply wit h the provisions established in Section 1777.5 of the Labor Code c oncerning the 1) certified approval by local joint apprenticeship commi ttees for the employment and training of apprentices, and 2) contri bution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTO R
and all subcontractors shall make a good fa ith effort to employ at least 50 percent of the workforce on this proj ect from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monito ring their compliance with section

3.68.095.
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ATTACHMENT A

Stommel Inc., DBA Lehr Auto Electric, OM-23-022
01/11/2023
(Updated 12/31/20)

7. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Project Manager to be nec essary or advisable and to require such extra work as may be determined by the Project Manager to be required for the proper completion of the whole work contemplated.

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

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

9. OBLIGATIONS OF CONTRACTOR. Throughout the term of this Contract, CONTRACTOR represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the CONT RACTOR to practice its professions, and CONTRACTOR shall, at its own cost and expense, keep in effe ct during the life of this Contract all such licenses, permits, q ualifications, insurance, and approvals CONTRACTOR shall meet with the Public Works Director or other personnel of CITY or third parties as necessary on all matt ers connected with the carrying out of CONTRACTOR’S services. Such meetings shall be held at the request of either party hereto. CONTRACTOR further warrants t hat it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide pr ofessional advice and recommendations regarding this project.

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

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

All persons working for or under the di rection of CONTRACTOR are its agents and employees, and are not agents of the CITY. Subcontractors shall not be recognized as having any direct or contractual relationship with the CITY. The persons engaged in the

ATTACHMENT A

Stommel Inc., DBA Lehr Auto Electric, OM-23-022
01/11/2023
(Updated 12/31/20)
work, including employees of subcontractors and suppliers, will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of th is Contract. The CONTRACTOR is responsible to the CI TY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Cont ract any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by CONTRACTOR.
i. It is further underst ood and agreed that CONTRACTOR must issue W- 2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR’S personnel.
ii. As an independent c ontractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against the CITY based upon any content ion by any third party that employer-employee relationship exists by reason of this Contract.

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

CONTRACTOR shall be solely responsible for reimbursing subcontractors.

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

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

To CONTRACTOR: Stommel Inc., To City: Public Works Director City of Stockton
22 E. Weber Ave., Rm. 301
DBA Lehr Auto Electric
631 North Market St., Ste. N
Sacramento, CA 95834 Stockton, CA 95202

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

ATTACHMENT A

Stommel Inc., DBA Lehr Auto Electric, OM-23-022
01/11/2023
(Updated 12/31/20)

16. RECORDS AND AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY fo r services under this Contract. Upon request, CONTRACTOR agrees to furnish CITY , or a designated representative, with necessary information and assistance.

CONTRACTOR agrees that CITY or its delegate shall have the right to review, obtain, and copy all records pertaining to performanc e of the Contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested, and shall permit CITY or its delegate access to its prem ises, upon reasonable not ice, during normal business hours for the purpose of intervie wing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpos es of determining complianc e with this Contract.

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

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

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

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

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

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

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

ATTACHMENT A

Stommel Inc., DBA Lehr Auto Electric, OM-23-022
01/11/2023
(Updated 12/31/20)

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

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

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

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

25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. //
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ATTACHMENT A

Stommel Inc., DBA Lehr Auto Electric, OM-23-022
01/11/2023
(Updated 12/31/20)

26. AUT
HORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.

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

CITY OF STOCKTON STOMMEL INC., DBA

LEHR AUTO ELECTRIC
B y : B y :

HARRY BLACK Signature

CITY MANAGER
A T T E S T :

P r i n t N a m e
B
y :

ELIZA R. GARZA, CMC Title:

CITY CLERK
APPROVED AS TO FORM:

B y :

CITY ATTORNEY

ATTACHMENT A

REQUEST FOR PROPOSALS (RFP) OM-23-022

POLICE AND CITY VEHICLE UP-FITTING
PROPOSALS WILL BE RECEIVED UNTIL THE HOUR OF 2:00 PM, WEDNESDAY, SEPTEMBER 28TH IN THE OFFICE OF THE PUBLIC WORKS DEPARTMENT, MUNICIPAL SERVICE CENTER, 1465 S. LINCOLN STREET, STOCKTON, CA 95206

EXHIBIT A

ATTACHMENT A

R

EQUEST FOR PROPOSALS (RFP)
PROJ

ECT TITLE/DESCRIPTION
*Dates and Times are Subject to Change*

RFP INFORMATION
OM-23-022
Contact Katrina Cooper
Email Address [email protected]
RFP Submittal
Mailing, Delivery Address
and Electronic Mail
City of Stockton, Public Works Department, Municipal
Service Center
Attn: Katrina Cooper
1465 S. Lincoln St.

Stockton, CA, 95206
Due Date for Questions
and Clarifications
September 19, 2022; 2:00 pm
Due Date for Response to
Questions/Clarifications
September 21, 2022; 2:00 pm
RFP Submittal Due Date &
Time
September 28, 2022; 2:00 pm
Pleas
e note that some overnight delivery services do
not deliver directly to Public Works Yard. This could
result in the proposal arriving after the proposal opening deadline and therefore not being accepted.

Bid Security & Bonds o Bid Security o Bonds
Labor Compliance o DIR Registration o Contractor’s License

EXHIBIT A

ATTACHMENT A

NOTICE INVITING PROPOSALS
N
OTICE IS HEREBY GIVEN that sealed proposals will be received no later than Wednesday, September 28 , 2022, at 2:00 pm (local time) by the City of Stockton, California for Police Department Vehicle Up-fitting – OM-23-022 in strict accordance with the specifications.

The City of Stockton, herein after referred t o as the “City”, is requesting proposals from firms or individuals, herein after referred to as “Proponent” to provide Police Department Vehicle Up -fitting to the City. The City is seeking maintain uniformity of the City of Stockton Police Department Fleet, the specific make and manufacturer of the parts must be as listed, no substitutions will be accepted without prior written consent. All installation and wiring between vehicles must also be uniform and consistent.

Each sealed proposal shall be marked "PROPOSAL" and shall indicate the project name, number, and proposal opening date, and shall be mailed or delivered to the address below at or before the hour stated. Each Proponent must be licensed in accordance with applicable California State Law. Proponents are hereby notified that the successful Proponent and any subconsultant under them shall pay prevailing wage rates in accordance with the State of California Department of Industrial Relations. The successful Proponent shall be required to furnish a Labor and Material Bond and a Faithful Performance Bond, each in the sum of one hundred percent (100%) of the contract price.

Said bonds shall be furnished by a company authorized to issue surety bonds in the State of California. On official forms furnished by City, said bonds shall be executed by the surety and contractor before or concurrently with the signing of the contract.

Proposal forms and specifications are available on the City’s website at https://www.stocktonca.gov/services/business/bidflash/default.html. Sealed proposals must be delivered to the Public Works Department, Municipal Service Center , 1465 S. Lincoln Street, Stockton, CA 9520 6, unless electronic mail delivery to [email protected] is applicable. Pr
oponents will only be identified as
responding to the RFP; no proposals will be opened or read aloud.

The City reserves the right to reject any/or all proposals re ceived and re-advertise.

For questions about this project, please contact Katrina Cooper at [email protected] or (209) 937-8676 .

E

LIZA GARZA, CMC, CITY CLERK

CITY OF STOCKTON

EXHIBIT A

ATTACHMENT A

Contents

1.0 BACKGROUND/SUMMARY ......................................................................................................... 6

2.0 SCOPE OF WORK ......................................................................................................................... 6

3.0 SUBMITTAL REQUIREMENTS ................................................................................................... 6

3.1 PROPOSAL GUIDELINES, CONTENT AND FORMAT ........................................................... 6

3.2 COVER LETTER ............................................................................................................................ 7

3.3 REFERENCES ................................................................................................................................ 7

3.4 FINANCIAL STATEMENT ............................................................................................................. 8

3.5 CORPORATE STRUCTURE, ORGANIZATION........................................................................ 8

3.6 PROPOSAL FEE ............................................................................................................................ 8

4.0 SELECTION CRITERIA & EVALUATION ................................................................................... 9

5.0 CITY REQUIREMENTS ............................................................................................................... 10

5.1 CITY RESPONSIBILITIES .......................................................................................................... 10

5.2 LOCAL BUSINESS PREFERENCE .......................................................................................... 10

5.3 TERM .............................................................................................................................................. 10

5.4 INSURANCE REQUIREMENTS ................................................................................................ 10

5.5 APPLICABLE LAW ....................................................................................................................... 11

5.6 METHOD OF PAYMENT ............................................................................................................. 11

5.7 NOTICE TO OUT OF STATE BUSINESS ................................................................................ 11

5.8 CONFIDENTIALITY ...................................................................................................................... 12

5.9 PROTEST POLICY ...................................................................................................................... 12 Protest Procedure .................................................................................................................................... 12 Protest Review .......................................................................................................................................... 13

6.0 GENERAL REQUIREMENTS, TERMS & CONDITIONS ....................................................... 13

6.1 CONSEQUENCE OF PROPOSAL SUBMISSION .................................................................. 13

6.2 ACCEPTANCE OR REJECTION OF PROPOSAL ................................................................. 14

6.3 RIGHT TO CHANGE OR AMEND REQUEST ......................................................................... 14

6.4 CANCELLATION .......................................................................................................................... 15

6.5 EXAMIN ATION OF PROPOSAL MATERIALS ........................................................................ 15

6.6 ADDENDA AND INTERPRETATION ........................................................................................ 15

6.7 DISQUALIFICATION .................................................................................................................... 15

6.8 CONDITIONS IF WORK IS SUBCONTRACTED .................................................................... 16

6.9 LICENSING REQUIREMENTS .................................................................................................. 16

EXHIBIT A

ATTACHMENT A

6. 10 INDEMNITY AND HOLD HARMLESS ...................................................................................... 16

6.11 COMPETITIVE PRICING ............................................................................................................ 16

6.12 AVAILABLE FUNDING ................................................................................................................ 17

6.13 TERMINATION FOR CONVENIENCE ...................................................................................... 17

6.14 AUDITING CHARGES AND SERVICES .................................................................................. 17

6.15 CHANGES ..................................................................................................................................... 17

6.16 AWARD .......................................................................................................................................... 17

7.0 PROPOSAL DOCUMENTS ........................................................................................................ 13 ATTACHMENT A – PROJECT SUBMITTAL CHECKLIST ............................................................... 14 ATTACHMENT B- PROPONENT’S COVENANT ............................................................................... 15 ATTACHMENT C - NON-COLLUSION AFFIDAVIT ........................................................................... 16

8.0 PROPOSAL EXHIBITS ................................................................................................................ 19 Exhibit A - Technical Specifications ...................................................................................................... 19 Exhibit B – Materials and Products: ...................................................................................................... 20 SPECIFICATIONS AND EQUALS........................................................................................................ 21 LITERATURE ........................................................................................................................................... 21 DELIVERY................................................................................................................................................. 21 GUARANTEE ........................................................................................................................................... 21 MANUFACTURING, MATERIAL AND DESIGN PRACTICES ........................................................ 22 HEAVY-DUTY DEFINED ........................................................................................................................ 22 SPECIFICATION VARIANCES ............................................................................................................. 22 MANUFACTURER’S SPECIFICATION ............................................................................................... 22 MANUFACTURER’S STANDARD EQUIPMENT............................................................................... 23 Exhibit C – Insurance Limits ................................................................................................................... 26

EXHIBIT A

ATTACHMENT A

1.0 BACKGROUND/SUMMARY
The City of Stockton is currently seeking proposals from a qualified supplier with which to establish a long-term, cost effective agreement for high quality, reputable installation of police emergency vehicle equipment, city vehicle upfitting and vehicle electrical maintenance and service. City requests your firm fixed pricing for standard installation services such as (but not limited to) light bars, sirens, push-bumpers, police radios and antennas, and other emergency equipment, and other repairs normal and customary for maintenance of these types of emergency equipment.

Other types of maintenance will be handled on a case by case basis.

2.0 SCOPE OF WORK
Currently, the City of Stockton has 22 Ford Explorers ready for upfitting on hand. Future units can include additional Ford Explorers, Chevy Tahoes, and Ford Expeditions for its black and white patrol police vehicles and a variety of trucks and cars. The selected vendor may be asked to provide full up-fitting services for various types of vehicles. Vehicle options could vary according to market conditions, as such, responders should provide the cost of these services in their proposal.

Qualified suppliers are invited to submit proposals, based on the information provided in this RFP, to establish a business alliance with City which will maximize the resources of the organizations to most effectively meet the vehicle requirements of the City of Stockton. Our strategy is to identify a vendor(s) whose capabilities fit our police vehicle emergency equipment and other city vehicle upfitting needs for installation and service, and from whom we will purchase labor and materials that meet our specific needs.

Price increases must be approved by City of Stockton and no payment for additional materials or services, beyond the amount stipulated in the contract, shall be paid without prior approval. All price increases must be supported by manufacture documentation, or a formal cost justification letter. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with the City of Stockton. All price changes must be provided to City of Stockton, using the same format as in the original contract.

It is not the intent of this RFP to completely describe all aspects of all upfitting equipment installation and service for all possible requirements. The City intends to establish a two-year contract to be utilized by the City on an as-needed basis. Responders should specify the basis (list prices, hourly rates for custom builds, labor costs, discount levels, etc.) upon which the quoted prices are calculated, and agree to provide all current and future products on that same price basis throughout the contract term.

See Exhibit 1 for t echnical, performance, and/or functional specifications.

3.0 SUBMITTAL REQUIREMENTS

3.1 PROPOSAL GUIDELINES, CONTENT AND FORMAT
The City of Stockton uses a qualifications-based selection process in obtaining these services. In order for the City to properly evaluate the Proponents’ qualification to perform this work, the proposals shall include, as a minimum, the following information:

EXHIBIT A

ATTACHMENT A

A. Evidence of the Proponent’s ability to be responsive to this project in regard to timeliness and expertise, including availability of staff proposed to be assigned.

B. The Proponents are encouraged to expand on the Scope of Work to demonstrate their expertise. Evaluation of the proposals will be based on qualifications, the experience of staff proposed to be assigned to the project, references and thoroughness of the Proponent’s response to the Scope of Services.

C. Such additional information that the Proponent may feel would be pertinent to assist the City of Stockton in making its final decision.

D. Please submit one (1) original and four (4 ) copies of your proposal/qualifications. Additionally, submit one (1) USB with an electronic version of the proposal. The original should be unbound to allow us to reproduce your proposal, as needed.

E. The proposal must be submitted, typewritten on 8½” X 11” white paper and must be bound in a secure manner.

F. Material and data not specifically requested for consideration, but which the Proponent wishes to submit must not appear with the Proposal but may appear only in an “Additional Data” section. This has specific reference to the following types of data: Generalized narrative of supplementary information; and Supplementary graphic material.

G. All proposals must be signed with the full name of the Proponent, if an individual; by an authorized general partner, if a partnership; or by an authorized officer, if a corporation.

H. When proposals are signed by an agent other than an officer of a corporation or a member of a general partnership, a power of attorney authorizing the signature must be submitted with the proposal.

I. The original proposal must have wet ink signatures. Modification to a proposal after the proposal submittal deadline will not be accepted by the City.

3.2 COVER LETTER
Submit a letter on your company letterhead addressing the proposal and format.

The letter should be signed by an officer of the firm authorized to bind the firm to all comments made in the proposal, and shall include the name, address, phone number and e- mail address of the person(s) to contact who will be authorized to represent your firm.

In no more three (3) pages, the Cover Letter and Executive Summary shall include:

A. The names of the key members of the Proponent team;
B. The mailing address, telephone number, and the name of the main point of contact for the Proponent team;
C. An acknowledgement of receiving any addendum(s) to the RFP document.

3.3 REFERENCES
Provide a list of references with current contact person, e- mail address and phone number who may be contacted regarding firm performance.

EXHIBIT A

ATTACHMENT A

The review team will conduct a background reference review of each respondent.

Please include the following information for three (3) projects that the proposed consultant team worked on together:

A. Name of the Project/Study
B. Location of the Project
C. Name, title, and contact information for the client.

D. Project Budget
E. Date of Completion of the Project

3.4 FINANCIAL STATEMENT
The Proponent must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the services required herein.

Proponent shall submit a full and detailed presentation of the true condition of the Proponent’s assets, liabilities and net worth. The report should include a balance sheet and income statement. If the Proponent is a new partnership or joint venture, individual financial statements must be submitted for each general partner or joint venture thereof. If firm is a publicly held corporation, the most current annual report should be submitted.

Any Proponent who, at the time of submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Proponent under federal bankruptcy law or any state insolvency, may be declared non-responsive.

3.5 CORPORATE STRUCTURE, ORGANIZATION
Describe how your firm is organized, noting major divisions and any parent/holding companies, as well as brief history of the firm and all personnel potentially to be involved in the project including all sub- consultants. Designate the Principal in Charge and other key personnel. Include résumés. Also provide a description of the experience your firm has had with similar processes.

3.6 PROPOSAL FEE
Submit the proposal fee under sealed, separate envelope. Do not include with the technical proposal response. Provide detailed basic fee structure and break -down of any other charges related to your firm’s proposal as specified. Finalist’s fee structure may be subject to negotiation.

EXHIBIT A

ATTACHMENT A

4 .0 SELECTION CRITERIA & EVALUATION
The City is interested in selecting a qualified firm with the ability to provide Vehicle Up-fitting for City of Stockton vehicles, including emergency service vehicles. A key component for the successful firm will be the ability to meet the performance desires of the City while minimizing the cost.

T
he Evaluation Panel will consist of City of Stockton staff and any other person(s) designated by the City. Following review of the proposals, the Panel may invite one or more Proponents to provide an in-house tour of the business facility. During these tours, the P roponent will be allowed to present such information as may be appropriate in order that the Panel can effectively and objectively analyze all materials and documentation submitted as part of the proposals.

E
ach firm must be represented by an individual who will be the prime contact person to the City and any other individuals whom the firm may select. The highest- rated proposal(s) will then be further scrutinized through financial analysis and reference checks.

Proposals shall be evaluated according to; demonstrated understanding of tasks required, technical approach to specified operations, qualifications of s taff, experience of company, demonstrated knowledge of best practices for identified scope, financial business strength and fee schedule proposal. Proper format and demonstrated experience will merit consideration.

T
o that end, the Panel will evaluate the proposals based on, but not limited to, the following criteria:

1. P
roponent’s approach and schedule to provide all services as outlined in the Scope of Services and related documents;

2. Related experience with similar projects, company background and personnel qualifications;

3. Proponent’s Fee Schedul e - completed and signed under separate, sealed cover;

4. Proponent’s Covenant ;

5. Non-Collusion Affidavit;

6. References;

7. Financials Review;

8. Interview/Presentation, if applicable; and

9. Any other criteria as best suits the City of Stockton.

EXHIBIT A

ATTACHMENT A

5.0 CITY REQUIREMENTS

5.1 CITY RESPONSIBILITIES
City will provide all readily available plans, documentation, and data necessary for completing the above tasks.

Staff will be available as needed and will assist with coordination of stakeholder meetings and public outreach.

5.2 LOCAL BUSINESS PREFERENCE
Stockton Municipal Code Section 3.68.090 reads as follows:

Preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal. Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted two (2) percent bid preference. Local merchants who have a physical business location within the boundaries of the City of Stockton, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted five (5) percent bid preference. This section is intended to provide preference in the award of certain City contracts in order to encourage businesses to move into and expand within the City. (Ord. 2014-03-18-1601 C.S. § 1; prior code § 3-106.1)

5.3 TERM
The term of contract shall be for two (2) years. Renewal Terms shall be three (3) additional periods of one (1) year each, with consent of both parties.

OTHER GOVERNMENT AGENCIES
If mutually agreeable to all parties, the use of any resultant contract/purchase order may be extended to other political subdivisions, municipalities, or tax supported agencies.

Such participating governmental bodies shall make purchases in their own name, make payment directly to successful Proponent and be liable directly to th e successful Proponent, holding the City of Stockton harmless.

5.4 INSURANCE REQUIREMENTS
Proponent/Bidder, at Proponent’s/Bidder's sole cost and expense and for the full term of the resultant contract or any extension thereof, shall obtain and maintain at least all of the insurance requirements listed in attached Exhibit B.

All coverage shall be provided by a carrier authorized to transact business in California and shall be primary. All policies, endorsements, and certificates shall be subject to approval by the Risk Manager of the City to Stockton as to form and

EXHIBIT A

ATTACHMENT A

content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager.

Maintenance of proper insurance coverage is a material element of this contract, and failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.

The Proponent shall assert that these insurance requirements will be met as part of their proposal response. Failure to comply with these insurance requirements may result in a proposal being deemed unresponsive. Proponent shall satisfy these insurance requirements concurrently with the signing of the contract prior to commencement of work. It is strongly suggested that insurance requir ements be reviewed with Proponent’s broker to ensure any additional costs are included in the proposal pricing component.

Any questions pertaining to insurance requirements, please contact City of Stockton Risk Services at (209) 937-5037.

5.5 APPLICABLE LAW
Applicable law shall be governed by the laws of the State of California. Venue shall be proper in the Superior Court of the State of California, County of San Joaquin, Stockton Branch, or, for actions brought in Federal Court, the United States District Court for the Eastern District of California, Sacramento Division.

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.

5.6 METHOD OF PAYMENT
Payment will be made within thirty (30) days after invoices are received and accepted by the City. Invoices are to be rendered monthly, unless prescribed differently per contract.

5.7 NOTICE TO OUT OF STATE BUSINESS
It is the policy of the City of Stockton to pay all applicable California sales/use tax directly to the State Board of Equalization (BOE) pursuant to California Revenue and Taxation Code 7051.3. The C ity of Stockton will self -accrue all sales/use tax on purchases made from out -of-state business, unless documentation is provided by Proponent evidencing the business is registered with the state of California.

Sales and use tax on purchases made by the City of Stockton from all companies located outside California, not registered with the state and whose products are shipped from out of state will be remitted to the BOE directly by the City under permit number SR KHE 28-051174 DP. Please do not include sales/use tax on the invoice that you submit to the City of Stockton.

EXHIBIT A

ATTACHMENT A

Questions regarding the City of Stockton’s payment of sales/use tax can be directed to the City of Stockton’s Procurement Division at (209) 937-8357.

5.8 CONFIDENTIALITY
If Proponent believes that portions of a proposal constitute trade secrets or confidential commercial, financial, geological, or geophysical data, then the Proponent must so specify by, at a minimum, stamping in bold red letters the term "CONFIDENTIAL" on that part of the proposal which the Proponent believes to be protected from disclosure. The Proponent must submit in writing specific detailed reasons, including any relevant legal authority, stating why the P roponent believes the material to be confidential or a trade secret. Vague and general claims as to confidentiality will not be accepted. The City will be the sole judge as to whether a claim is general and/or vague in nature. All offers and parts of offers that are not marked as confidential may be automatically considered public information after the contract is awarded. The Proponent is hereby put on notice that the City may consider all or parts of the offer public information under applicable law even though marked confidential.

5.9 PROTEST POLICY
Protest and Appeal Procedures. In order to maintain fairness and impartiality, the City of Stockton has established a solicitation protest policy and procedure.

Protest Procedure

5.9.1 All protests must be in writing and stated as a formal protest.

5.9.2 A casual inquiry, complaint, or a statement of intent to protest that does not provide the facts and issues and does not comply with the content requirements or deadlines, will not be considered or acted upon as a protest.

5.9.3 The protest must contain a complete statement of the basis for the protest and must include all relevant supporting documentation.

5.9.4 The solicitation process and procedures, including evaluation criteria, shall not be proper grounds for protest. Concerns related to the solicitation process and procedures, including evaluation criteria, should be raised and addressed, if at all, prior to the bid/proposal due date and time to allow adjustments before evaluation of the solicitation.

5.9.5 Protests must be filed with the City's Chief Financial Officer, or designee, at the address listed in the Solicitation Protest FAQ sheet and Procurement Procedure Manual, not later than five (5) days after the date the City mails the Letter of Intent to Award.

5.9.6 Deliveries of the protest by hand, mail, email or fax are acceptable.

5.9.7 The City is not responsible for lost or misplaced protests, or to assure the protest is received within the protest deadlines

5.9.8 The party challenging the award decision to bear the burden of proof of material error to justify invalidation of the proposed award.

EXHIBIT A

ATTACHMENT A

Protest Review

5.9.9 The Chief Financial Officer or designee shall respond in writing at least generally to each material issue raised in the protest.

5.9.10 The Chief Financial Officer's, or designee 's, administrative decision may be appealed in writing to the City Manager no later than (5) business days after the date the Chief Financial Officer's, or designee's, the decision is mailed to the protesting party.

5.9.11 The City Manager shall review and decide the appeal based on the grounds and documentat ion set forth in the original protest to the Chief Financial Officer, or designee.

5.9.12 Each party shall bear its own costs and expenses involved in the protest and appeal process, including any subsequent litigation.

5.9.13 The City Manager's administrative decision is final. After the City Manager issues the final administrative decision, the time in which judicial review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094 or as such section may be amended from time to time.

5.9.14 If the protested procurement involves state or federal funds, the Chief Financial Officer, or designee, shall give notice to the interested party that he or she has the right to appeal to the appropriate agency, which shall be identified by name and address. An appeal hereunder shall be filed with the appropriate agency within five (5) working days of the dispatch of rejection notices to the interested party(ies).

5.9.15 The City may require the protesting party to submit a City Council approved non-refundable protest fee to cover the administrative cost of processing the protest.

5.9.16 Bidders, Proponents, and contractors wishing to protest or appeal a procurement or contracting decision by the City must follow the procedures provided by this section. The City will not review protests or appeals that are not submitted in accordance with these provisions and procedures.

5.9.17 A copy of this policy can be requested from the procurement specialist by emailing [email protected].

6.0 GENERAL REQUIREMENTS, TERMS & CONDITIONS

6.1 CONSEQUENCE OF PROPOSAL SUBMISSION
A. The City shall not be obligated to respond to any proposal submitted nor be legally bound in any manner by the submission of a proposal.

B. Acceptance by the City of a proposal obligates the Proponent to enter into an agreement with the City.

C. An agreement shall not be binding or valid against the City unless or until it is executed by the City and the Proponent.

EXHIBIT A

ATTACHMENT A

D. Statistical information contained in these documents is for informational purposes only. The City shall not be responsible for the accuracy of said data. City reserves the right to increase or decrease the project scope.

6.2 ACCEPTANCE OR REJECTION OF PROPOSAL
A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from, or to a proposal may be sufficient grounds for rejection of the proposal. The City has the right to waive any defects in a proposal if the City chooses to do so. The City may not accept a proposal if any document or item necessary for the proper evaluation of the proposal is incomplete, improperly executed, indefinite, ambiguous, or missing.

The City reserves the right to select the successful proposal and negotiate an agreement as to the scope of services, the schedule for performance and duration of the services with Proponent whose proposal is most responsive to the needs of the City. Further, the City reserves the right to reject any and all proposals, or alternate proposals, or waive any informality or irregularity in the proposal as is in the City's best interest.

The City reserves the right to reject any and all proposals, or portions t hereof, received in response to the RFP or to negotiate separately with any source whatsoever, in any manner necessary, to serve the best interests of the City.

Additionally, the City may, for any reason, decide not to award an agreement as a result of this RFP.

Non-acceptance of any proposal shall not imply that the proposal was deficient.

Rather, non- acceptance of any proposal will mean that another proposal was deemed to be more advantageous to the City or that the City decided not to award an agreement as a result of this RFP.

6.3 RIGHT TO CHANGE OR AMEND REQUEST
The City reserves the right to change the terms and conditions of this RFP. The City will notify potential Proponent of any material changes by posting on the City’s website. No one is authorized to amend any of the RFP requirements in any respect, by an oral statement, or to make any representation or interpretation in conflict with its provisions. If necessary, supplementary information and/or clarifications/questions/answers will be posted on the City’s website at www.stocktonca.gov/adminbid. Failure of any Proponent to not have received such information and/or clarifications/questions/answers shall not relieve such P roponent from any obligation under his/her proposal as submitted.

Any exceptions to this Proposal shall be clearly stated in writing.

EXHIBIT A

ATTACHMENT A

6.4 CANCELLATION
The City reserves the right to rescind award of the contract at any time before execution of the contract by both parties if rescission is deemed to be in City’s best interest. In no event shall City have any liability for the rescission of award. The Proponent assumes the sole risk and responsibility for all expenses connected with the preparation of its proposal.

6.5 EXAMINATION OF PROPOSAL MATERIALS
The submission of a proposal shall be deemed a representation and warranty by the Proponent that it has investigated all aspects of the RFP, that it is aware of the applicable facts pertaining to the RFP process and its procedures and requirements, and that it has read and understands the RFP. No request for modification of the provisions of the proposal shall be considered after its submission on the grounds the Proponent was not fully informed as to any fact or condition. Statistical information which may be contained in the RFP or any addendum is for informational purposes only. The City disclaims any responsibility for this information which may subsequently be determined to be incomplete or inaccurate.

6.6 ADDENDA AND INTERPRETATION
The City will not be responsible for, nor be bound by, any oral instructions, interpretations, or explanations issued by the City or its representatives. Any request for clarifications, questions, or answers of this RFP shall be made in writing/e-mail and deliverable to:

CITY OF STOCKTON
ATTN: Katrina Cooper
Municipal Service Center
1465 S. Lincoln Street
STOCKTON, CA 95206
[email protected]
S
uch request for clarifications/questions/answers shall be delivered to the City in accordance with the date identified on page i of this Solicitation. Any City response to a request for clarifications/questions/answers will be posted on the City’s website at www.stocktonca.gov/adminbid the date identified on page i of thi s
Solicitation and will become a part of the Solicitation. The Proponent should await responses to inquiries prior to submitting a proposal.

6.7 DISQUALIFICATION
a. Any of the following may be considered cause to disqualify a Proponent without further consideration:
b. Evidence of collusion among Proponents;
c. Any attempt to improperly influence any member of the evaluation panel; d. Any attempt to communicate in any manner with a City of Stockton elected official during the RFP process will, and shall be, just cause for

EXHIBIT A

ATTACHMENT A

disqualification/rejection of Proponent’s proposal/Proponent’s bid submittal and considered non-responsive.
e. A Proponent's default in any operation of a professional services agreement which resulted in termination of that agreement; and/or f. Existence of any lawsuit, unresolved contractual claim, or dispute between Proponent and the City.
g. No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section 3.68.120 of the Municipal Code.

6.8 CONDITIONS IF WORK IS SUBCONTRACTED
The Proponent assumes full responsibility, including insurance and bonding requirements, for the quality and quantity of all work performed.

If Proponent's supplier(s) and/or subcontractor's involvement requires the use of a licensed, patented, or proprietary process, the proponent of the process is responsible for assuring that the subcontractor, supplier, and/or operator have been properly authorized to use the process or for providing another process which is comparable to that which is required prior to submission of a proposal.

6.9 LICENSING REQUIREMENTS
Any professional certifications or licenses that may be required to perform the scope of work will be the sole cost and responsibility of the successful Proponent.

A City of Stockton Business license may be required for this project. Please contact the City of Stockton Business License Division at (209) 937-8313.

6.10 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.

6.11 COMPETITIVE PRICING
Proponent warrants and agrees that each of the charges, economic or product terms or warranties granted pursuant to this Contract are comparable to or better than the equivalent charge, economic or product term or warranty being offered to any similarly situated commercial or other government customer of Proponent. If Proponent enters into any arrangements with another customer of P roponent to

EXHIBIT A

ATTACHMENT A

provide product under more favorable charges, economic or product terms or warranties, Proponent shall immediately notify City of such change and this Contract shall be deemed amended to incorporate the most favorable charges, economic or product terms or warranties.

6.12 AVAILABL

E FUNDING
Any contract which results from this RFP will terminate without penalty at the end of the fiscal year in the event funds are not appropriated for the next fiscal year. If funds are appropriated for a portion of the fiscal year, this contract wi ll terminate without penalty, at the end of the term for which funds are appropriated.

6.13 TERMINATION FOR CONVENIENCE
The City may terminate the resultant Agreement for convenience at any time by mailing a notice in writing to the Contractor.

6.14 AUDITING CHARGE

S AND SERVICES
The City reserves the right to periodically audit all charges and services made by the successful Proponent to the City for services provided under the contract. Upon request, the Proponent agrees to furnish the City with necessary information and assistance.

6.15 CHANGES
The City’s Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the Proponent or as recommended by the P roponent’s project manager, pursuant to the adopted City of St ockton Standard Specifications.

6.16 AWARD
Upon conclusion of the RFP process, a contract may be awarded for a Police Department Vehicle Up-fitting for the City. The City reserves the right to select the successful Proponent and to negotiate terms of a contract with the Proponent whose proposal is most responsive to the needs of the City. Further, the City reserves the right to reject any and all proposals, or alternate proposals, or waive any informality in the proposal as is in the City's best interest.

EXHIBIT A

ATTACHMENT A

7.0 PROPOSAL DOCUMENTS

PROJECT TITLE/DESCRIPTION
OM-23-022
SUBMITTAL DUE: WEDNESDAY, September 28, 2002, AT 2:00 PM RFP Submittal
Mailing, Delivery Address and
Electronic Mail
Municipal Service Center
1465 S. Lincoln Street
Stockton, CA, 95206
[email protected]
Proponent Business Name
Proponent Contact Name
Proponent Address
Proponent Phone Number
Proponent Email Address
Department of Industrial Relations
ID Number (if applicable)

EXHIBIT A

ATTACHMENT A

ATTACHMENT A – PROJECT SUBMITTAL CHECKLIST
THIS CHECKLIST IS FOR PROVIDED FOR YOUR CONVENIENCE ONLY. IT IS NOT REQUIRED TO BE SUBMITTED WITH PROPOENT PROPOSAL.
 Complete the following proposal attachments (FROM THIS PACKET ONLY SUBMIT PAGES FROM SECTION 8 AND PLACE IN THE FRONT OF YOUR PROPOSAL).
 Sign and notarize by jurat certificate the "Non-Collusion Affidavit" form. An "All- Purpose Acknowledgment" form will not be sufficient.
 Complete and sign a "Proponent's Fee Schedule" form, (under separate cover).  Sign the "Proponent’s Covenant" form. Include (with proposal) name and e- mail address for City contact, if different from signatories.  Include your proposal, as outlined in these specifications.  Submit one (1) ORIGINAL (unbound, no staples) and FOUR (4) COPIES of all proposal documents.
 Review all clarifications/questions/answers on the City’s website at www.stocktonca.gov/adminbid.
 Use Section 8.0 Proposal Documents to deliver sealed proposal timely to Public Works, Municipal Service Center, 1465 S. Lincoln Street, Stockton, CA 95206, or electronically to [email protected].
 If applicable, include your $ -0.00 Proponent's security, Proponents bond, certified or cashier's check. The City will NOT accept company or personal checks for proposal security.
 If applicable, Include self -addressed, unstamped envelope (#10, 4- 1/8 x 9 - 1/2) with Proponent’s security. Please DO NOT seal your security, Proponent’s bond, certified or cashier’s check in this envelope. It is for returning the security to the Proponent AFTER project award.

EXHIBIT A

ATTACHMENT A

ATTACHMENT B- PROPONENT’S COVENANT
In submitting this proposal, as herein described, the Proponent agrees that:

1. They have carefully examined the Scope of Work and all other provisions of this document and understand the meaning, intent and requirements of same.

2. They will enter into contract negotiations and furnish the services specified.

3. They have signed and notarized the attached Non- Collusion Affidavit form, whether individual, corporate or partnership. Must be ‘A Jurat’ notarization.

4. They have reviewed all clarifications/questions/answers on the City’s website at www.stocktonca.gov/adminbid.

5. Confidentiality: Successful Proponent hereby acknowledges that information provided by the City is personal and confidential and shall not be used for any purpose other than the original intent outlined in the Request for Proposal. Breach of confidentiality shall be just cause for immediate termination of contract agreement.

FIRM

ADDRESS

SIGNED BY & DATE

TITLE OR AGENCY

PHONE/FAX NUMBER
EMAIL

EXHIBIT A

ATTACHMENT A

ATTACHMENT C - NON-COLLUSION AFFIDAVIT
No. 1 AFFIDAVIT FOR INDIVIDUAL PROPONENT
STATE OF _______ _____, )ss.

County of )
(i nsert)
being first duly sworn, deposes and says: That on
behalf of any person not named herein; that said Proponent has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Proponent. ( Signature Individual Proponent)
Subscribed and sworn to (or affirmed) before me on this day of , 20
by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal __________________________________________
Signature ____________________________
No. 2 AFFIDAVIT FOR CORPORATION PROPONENT
STATE OF _______ _____, )ss.

County of )
(i nsert)
being fir st duly sworn, deposes and says:

That they are the of a
corporation, which corporation is the party making the foregoing bid, that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Proponent has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Proponent.
(Signature Corporation Proponent)

EXHIBIT A

ATTACHMENT A

Subscribed and sworn to (or affirmed) before me on this day of , 20 by ______, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal _____________________________
Signature ____________________________

EXHIBIT A

ATTACHMENT A

No. 3 AFFIDAVIT FOR FIRM, ASSOCIATION, OR CO-PARTNERSHIP STATE OF _______ ______, )ss.

County of )
(i nsert)
, each being first duly sworn, depose and say:

That they are a member of the firm, association or co-partnership, designated as ___ __who is the party making the foregoing bid; that the other partner, or partners, are that such bid
is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Proponent has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation shall or should refrain from proposing; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Proponent. (Signature)
(Signature)
Subscribed and sworn to (or affirmed) before me on this day of , 20
by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal

EXHIBIT A

ATTACHMENT A

REQUEST FOR PROPOSALS (RFP)

POLICE AND CITY VEHICLE UP-FITTING

FOR THE CITY OF STOCKTON, CALIFORNIA
(OM-23-022)

8.0 PROPOSAL EXHIBITS
E
xhibit A - Tec hnical Specifications
C
ontractor shall, upon request, design and provide technical consultation services, technical drawings (2D and 3D), cost estimates and project schedules as needed for City fo Stockton custom builds.

T
he following specifications describe City of Stockton requirements for its Police Vehicle Upfitting;
A
. New police-rated utility vehicle specifications are available upon request.

B. A
fter-market parts list included.

C
. Special instructions, changes, and/or modifications to after-market manufacturer’s parts installation instructions are included with exhibits and/or templates are provided therein.

D
. All light modules of single color shall be mounted with red emergency lighting to be mounted on driver’s side of vehicle and all blue on passenger side of vehicle only.

E
. All electrical wiring components are to be protected by fuses or circuit breakers of appropriate size and type. Plastic protective split loom of appropriate size shall be placed on all wiring harnesses in critical areas that could sustain damage from contact with any part of vehicle. Wire bundles are to be held together with zip ties or electrical tape at 12-inch intervals.

EXHIBIT A

ATTACHMENT A

REQUEST FOR PROPOSALS (RFP)

POLICE AND CITY VEHICLE UP-FITTING

FOR THE CITY OF STOCKTON, CALIFORNIA
(OM-23-022)
E
xhibit B – Mat erials and Products:
a. C
ontractor shall furnish all truck bodies, equipment, supplies and materials required to complete each project request, unless otherwise noted. b. All materials used on projects must be new, in undamaged condition, of the highest quality and appropriate for the application. No used, recycled, or waste materials shall be used without the expressed permission of the City. c. The below- listed items represent product lines in general use by the City. If Contractor sources similar products from manufacturers other than those listed below, those product lines and manufacturers should be listed as part of the proposal. Provide manufacturer specifications or other documentation showing that the products offered meet or exceed the specifications of the products listed below. Contractor must be able to furnish the following products:
(1) HAVIS – Console Equipment and Components
(2) SETINA – Partitions, Prisoner Transport and Rear Cargo Areas (3) WESTIN – Push Bumpers
(4) FED SIG – Lights and Sirens
(5) WHELEN – Traffic Advisory Signage and Lighting
(6) PANORAMA DELL – Antennas

EXHIBIT A

ATTACHMENT A

REQUEST FOR PROPOSALS (RFP)

POLICE AND CITY VEHICLE UP-FITTING

FOR THE CITY OF STOCKTON, CALIFORNIA
(OM-23-022)

SPECIFICATIONS AND EQUALS
Whenever, in the specifications, any material or process is indicated or specified by patent of proprietary name and/or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating descriptions of the material or process which shall be equivalent in every respect to that so indicated or specified, provided however, that if material, process, or article offered by the Bidder is not, in the opinion of the City of Stockton, equal in every respect to that specified, then the Bidder must furnish the material, process, or article specified, or one, that in the opinion of the City of Stockton, is equal thereof in every respect.

LITERATURE
Literature which fully describes the item on which you are proposing is to be submitted with your bid.

D

ELIVERY
Quotations are to be F.O.B. Destination and shall include delivery to:

CI

TY OF STOCKTON

MUNICIPAL SERVICE CENTER
1465 S. LINCOLN ST.

STOCKTON, CA 95206
(
Complete units only, serviced, and operable, minimum ¼ tank fuel.) G

UARANTEE
The Bidder delivering the vehicle/unit against the specification shall guarantee that they meet the minimum requirements set forth herein. If it is found that the equipment delivered does not meet the minimum requirements of this specification, the manufacturer and/or Bidder will be required to correct the same at their expense.

W

ARRANTY
A. The vehicle manufacturer shall provide a new vehicle warranty F.O.B. Stockton regardless of the method of delivery for the unit. Warranty time to start when vehicle is placed in operation, not delivered.

B. V
ehicle and components shall be guaranteed under standard factory and/or dealer warranty and a copy of manufacturer’s warranty policy shall be delivered with each vehicle.

C. E
ngine, transmission and other components supplied to the manufacturer by other manufacturer’s shall be warranted by the unit manufacturer under the longest possible time and most comprehensive standard warranty proposed for municipal equipment.

EXHIBIT A

ATTACHMENT A

REQUEST FOR PROPOSALS (RFP)

POLICE AND CITY VEHICLE UP-FITTING

FOR THE CITY OF STOCKTON, CALIFORNIA
(OM-23-022)
D. Optional Extended Warranty if available shall be offered (and covered by bid bond when applicable) as an option. The contracting vendor must have service facilities and an adequate supply of service parts available at a distance from Stockton no greater than the San Francisco Bay Area.

E. B
idders must list the nearest factory authorized service representative who will be responsible for servicing the complete unit or any part thereof.

F. T
he Dealer will provide warranty repairs within the City of Stockton or provide transportation for the vehicle/unit outside the City.
• All parts, equipment, and other materials and workmanship furnished by the Vendor shall include the manufacturer's warranty for replacement.
• Vendor agrees to guarantee all work performed.
• Vendor further agrees to replace all components which fail or do not perform according to the manufacturer's specifications during the warranty period. • Vendor agrees to redo all work which fails or causes a failure or does not perform according to the City's specifications during the warranty period, at no cost to the City.

M
ANUFA

CTURING, MATERIAL AND DESIGN PRACTICES
It is intended that the manufacturer in the selection of components will use material and design practices that are the best available in the industry for the type of operating conditions to which the vehicle/unit will be subjected. Suspension, wheels, tires, and other component parts shall be selected to give maximum performance, service life and safety, not merely meet the minimum requirements of these specifications.

HE

AVY-DUTY DEFINED
The term “heavy duty” as used in these specifications shall mean that the item to which the term is applied shall exceed the usual quantity, quality or capacity supplied with standard production vehicle/unit, and it shall be able to withstand unusual strain, exposure, temperature, wear and use.

S

PECIFICATION VARIANCES
If any of the equipment bid varies from specifications, such variation(s) must be listed in writing and attached as par t of the proposal. The City of Stockton reserves the right to waive minor variation(s) if in the opinion of the Fleet Manager the basic unit meets the general intent of these specifications.

M
ANUFACTURER’S SPECIFICATION
A. Complete specification, published literature and photos or illustrations of unit proposed, shall be furnished with bid.

B. O
nly new models in current production which are catalogued by the manufacturer,

EXHIBIT A

ATTACHMENT A

REQUEST FOR PROPOSALS (RFP)

POLICE AND CITY VEHICLE UP-FITTING

FOR THE CITY OF STOCKTON, CALIFORNIA
(OM-23-022)
and for which printed literature and specifications are available will be accepted.

M
ANUFACTURER’S STANDARD EQUIPMENT
A. All equipment and components listed as standard by the manufacturer for model quoted shall be furnished whether or not such items are detailed herein, e.g., special wrenches, tool kits, jacks, etc. Optional equipment to meet the following specifications will also be supplied.

B. S
pecifications on the following pages are written with intent to meet all applicable documents, but the final certification to comply shall rest with the vendor and not the City of Stockton. Should requirements as specified not comply, the manufacturer is required to revise the specifications to meet all laws, rules and regulations where it applies to items such as the capacity, etc.; and the City of Stockton is to be notified thereof.

C. T
he City will not accept any part, component or system, which is not established standard product of the bidding manufacturer. By this, it is meant that any item or assembly which, relative to the supplying manufacturer’s standard line of products, could be described as “first of its kind,” “experimental,” “only one of its kind to be built,” “especially modified to comply with this specification,” “prototype,” or “synonymous categorical descriptions shall not be acceptable. All parts and components of the system offered and delivered must conform to the manufacturer’s standard production or be off-shelf available as a standard hardware production item.

AP

PLICABLE DOCUMENTS AND CERTFICATIONS
A. F
ederal Motor Vehicle Safety Standard, D.O.T.

B. State of California Motor Vehicle Code.

C. State of California General Industrial Safety Orders.

D. State of California Health and Safety Code, Motor Vehicle Pollution Control.

E. California Occupational Safety and Health Act (OSHA).

EXHIBIT A

ATTACHMENT A

REQUEST FOR PROPOSALS (RFP)

POLICE AND CITY VEHICLE UP-FITTING

FOR THE CITY OF STOCKTON, CALIFORNIA
(OM-23-022)
E
xhibit C – Ins urance Limits
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.

The Risk Services Division develops insurance requirements for all contracts for the City of Stockton. The Division also reviews and approves all bonds and evidence of insurance, including Certificates of Insurance and endorsements for all contracts.

Examples include:
• Contracts - Constructions, Professional Services, Supplier, Lease • Permits - Encroachment, Revocable, Street Closures, Block Parties • Bonds - Performance, Maintenance, Labor and Materials • Community Services – Special Events
This project is subject to Insurance Requirements for <<ENTER INSURANCE COVERAGE>>
Visit the following website to review the appropriate insurance requirements for this solicitation:http://www.stocktonca.gov/government/departments/humanResources/riskS ervices/insurance.html
a. Summary - Indemnity and Insurance Requirements Checklist b. Block Party/Street Closure
c. Chemical Vendor
d. Construction Contracts
e. Encroachment Permits
f. Environmental Services Including Lead and Asbestos
g. First Fill Prescription Information Sheet
h. IT Professional Services
i. IT Vendor Services
j. Lessees - Not for Daily or Short-Term Rentals
k. License and Maintenance Agreements
l. Most Contracts - Not for Professional Services or Construction m. Professional Services
n. Rental of Facilities
o. Special Event Security Vendors
p. Subdividers
q. Training Instructors

EXHIBIT A

ATTACHMENT A

Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
2022 Stockton Ford Utility
Front End Equipment
750501 AS124 SPEAKER Federal Signal 1 169.26 169.26
750501-07 FEDERAL SIGNAL Federal Signal 1 34.72 34.72
RB-FPIU20 RUMBLER BRACKET UTILITY 2020- Federal Signal 1 42.78 42.78 RBKIT1 SINGLE, RUMBLER WOOFER Federal Signal 1 226.92 226.92 PBX07 Push bumper, Ford Interceptor Utility, 2020+ Federal Signal 1 484.61 484.61 PBX-TC2L-3 GUARD CHANNEL Federal Signal 1 28.20 28.20
PBX-PIT07 PIT BARS FOR 2020+ PDX PUSHBUMPER Federal Signal 1 543.54 543.54 MPS63U-RBW MPS63U-RBW Federal Signal 4 124.37 497.48
Z861302679B Z861302679B Federal Signal 1 15.38 15.38
EX0011 PATROL POWER HARNESS FRT MNT PI UTIL 2020 Patrol Power 1 725.60 725.60 I INSTALLATION CHARGES Labor Items 12.5 105.00 1,312.50 OEM Wig Wag and 66A Option
_____________________________________
Roof Equipment
VALR51J 51" VALOR LIGHTBAR - Stockton Federal Signal 1 2,625.00 2,625.00 HKB-FPIU20-LONG HOOK KIT 2020 UTILITY Federal Signal 1
pwat-328-tw-ske-spd pwat-328-tw-ske-spd Panorama 1 315.00 315.00 I INSTALLATION CHARGES Labor Items 3.25 105.00 341.25
Customer supplied Antenna, radio and cable
_____________________________________
Drivers Compartment
Ford OEM 61B OBD-II Split Connector
Ford OEM 51S Spot Light LED both sides
C-VS-1210-INUT 2020-21 FORD INTERCEPTOR UTILITY MID-HEIGHT Havis 1 298.49 298.49 C-EB40-CCS-1P FACE PLATE 1 PC 4" Havis 1
Page:

Document Date:

Quote Number:

Sales Quote
To:

Ship
SalesPerson
Customer IDShip Via
To:

Sell
37903
Steve Adair
65190
Phone: 209-937-8453
Stockton, CA 95206
1465 South Lincoln St
Alanna Bindi
City Of Stockton Corp Yard
Phone: (209) 937-7416
Stockton, CA 95206
1465 South Lincoln Street
Alanna Bindi
City of Stockton Corp Yard - Attn: Central Stores
Phone: 916-407-1888 Fax: 916-646-6656
631 North Market Blvd, Suite N Sacramento, CA 95834
9/26/2022
1 Tax Ident. Type Legal Entity
Vehicle Information:

Terms: Net 30
Payment Method:

PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED

EXHIBIT B

ATTACHMENT A

Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
C-EB25-XTL-1P FACE PLATE 1 PC 2.5" Havis 1
C-EB20-168 FACE PLATE 2 PC 2" Havis 1
C-FP-3 FACE PLATE 3" Havis 1
C-FP-35 FACE PLATE 3.5" Havis 1
C-FP-2 FACE PLATE 2" Havis 1
C-FP-1 FACE PLATE 1" Havis 1
C-FP-4 FACE PLATE 4" Havis 1
CUP2-1001 SELF-ADJUSTING DOUBLE CUP HOLDER 4" Havis 1 45.56 45.56 C-USB-2 DUAL 4.8A USB CHARGE MODULE Havis 1 55.38 55.38 C-ARM-103 TOP MOUNT ARMREST LG FLIP UP PAD Havis 1 110.80 110.80 C-OHC-INUT-1 CON,4MS,OHC, INUT,20-21 Havis 1 104.91 104.91 C-MD-317 HEAVY DUTY COMPUTER MONITOR / KEYBOARDMOUNT

AND MOTION DEVICE
Havis 1 332.14 332.14
PKG-KB-208 KEYBOARD W/INTEG TOUCHPAD AND KYBD MNT SYS Havis 1 439.21 439.21 OBDCABLE25-2 OBD 5' CABLE Federal Signal 1 125.00 125.00 MMSU-1 MAGNETIC MIC KIT Magnetic Mic 2 34.95 69.90
GK10301S1UHK D T-RAIL MOUNT 1 SM 1 UNIV HK Setina 1 366.75 366.75 I INSTALLATION CHARGES Labor Items 14.5 105.00 1,522.50 _____________________________________
Prisoner Compartment
Ford OEM Rear Door inoperable
QK0635ITU20 REPL SEAT W/CENTER PULL BELTS & 12VS REAR PARTITON Setina 1 1,138.50 1,138.50 WK0595ITU20 POLY WINDOW BAR Setina 1 254.25 254.25
DK0100ITU20 TPO DOOR PANELS BLK, UTIL 2020 Setina 1 231.75 231.75 PK0419ITU20TM #10VSC RP COATED POLY PARTITION W/WINDOW SCREEN Setina 1 711.75 711.75 I INSTALLATION CHARGES Labor Items 6.5 105.00 682.50
_____________________________________
Page:

Document Date:

Quote Number:

Sales Quote
To:

Ship
SalesPerson
Customer IDShip Via
To:

Sell
37903
Steve Adair
65190
Phone: 209-937-8453
Stockton, CA 95206
1465 South Lincoln St
Alanna Bindi
City Of Stockton Corp Yard
Phone: (209) 937-7416
Stockton, CA 95206
1465 South Lincoln Street
Alanna Bindi
City of Stockton Corp Yard - Attn: Central Stores
Phone: 916-407-1888 Fax: 916-646-6656
631 North Market Blvd, Suite N Sacramento, CA 95834
9/26/2022
2 Tax Ident. Type Legal Entity
Vehicle Information:

Terms: Net 30
Payment Method:

PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED

EXHIBIT B

ATTACHMENT A

Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
Back End Equipment
EXPMOD24 24 Channel expansion mod Federal Signal 1 239.32 239.32 PF200S17B SIREN/LIGHT CONTROLLER, 100/200 W, OBDII INTEGRATION

CAPABILITY
Federal Signal 1 1,070.00 1,070.00
SIFMJH-FPIU20-PF1 SIFMJH-FPIU20-PF1 Federal Signal 1 916.60 916.60 MPS63U-RAW MICROPULSE ULTRA 6, TRIO RED/AMBER/WHITE Federal Signal 2 124.37 248.74 MPS63U-BWA MPS63U-BWA Federal Signal 2 124.37 248.74
(2) in Rear hatch when open (2) on rear deck by Lic Plate 416900Z-RB 416900Z-RB Federal Signal 2 80.60 161.20
COM3SRWC 6 LED, 3" ROUND LIGHT, RED/WHITE LED SURFACE MNT Federal Signal 2 58.90 117.80 TK2307ITU20 EZ LIFT CARGO DECK W/RADIO TRAY 2020 UTIL Setina 1 1,109.25 1,109.25 Mounted - Rear Hatch when open visible
I INSTALLATION CHARGES Labor Items 18.5 105.00 1,942.50 _____________________________________
F Shipping Charges Service Items 1 235.00 235.00
INSTALL INSTALL MATERIALS Service Items 1 348.00 348.00 _____________________________________
all aditional labor will be billed at $105 per hour
22,311.62
1822.84
20,488.78
Total:

Total Sales Tax:

Subtotal:
235.00
20253.78
Amount Exempt from Sales Tax
Amount Subject to Sales Tax
Name: __________________________________________________ Auth. Signature: ________________________________________ Agency Approval
PLEASE READ: No returns without approval and an RMA# will be accepted. All shortages, damage, or return claims must be made within 10 days of invoice date. NO EXCEPTIONS. A copy of the invoice and RMA paperwork must be shipped with returns. All return orders or cancellations are subject to a 25% restocking fee plus freight.  Any change orders made 60 days prior to the installation date may be subject to a production delay and pricing changes.  PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

Page:

Document Date:

Quote Number:

Sales Quote
To:

Ship
SalesPerson
Customer IDShip Via
To:

Sell
37903
Steve Adair
65190
Phone: 209-937-8453
Stockton, CA 95206
1465 South Lincoln St
Alanna Bindi
City Of Stockton Corp Yard
Phone: (209) 937-7416
Stockton, CA 95206
1465 South Lincoln Street
Alanna Bindi
City of Stockton Corp Yard - Attn: Central Stores
Phone: 916-407-1888 Fax: 916-646-6656
631 North Market Blvd, Suite N Sacramento, CA 95834
9/26/2022
3 Tax Ident. Type Legal Entity
Vehicle Information:

Terms: Net 30
Payment Method:

PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED Federal Signal Price increase as of 10.1.2022 has been calculated in this quote Federal discount from MSRP 38% - Light bars, sirens and bumpers have a greater discount than 38% from the manufacture on Promo for Stockton
Havis - Discount from MSRP 30%
Setina - Discount from MARP 25%
Whelen - Discount from MDRP 40%
All discounts from manufacturers have been provided on a separate attachment Bid had duplicate of Push bumper lights. I added the missing two lights for the Rear deck - mounted outside by the license plate

EXHIBIT B

ATTACHMENT A

***********************Confidential Pricing **************** Additional Emergency Equipment Manufatures Discounts
Manufacture Discount of List Price
Ace K‐9  2%
AEDEC  2%
American Aluminum  25%
Airgain 15%
BackRack 15%
Big Sky  10%
Brooking 20%
CHEETAH 13.33%
Copeland 15%
D&R 10%
ECCO 40%
GORhino  25%
Hint  15%
I‐Key 23%
Intermotive 10%
Jotto Desk  12%
Kussmaul 5%
Lind 2%
Lund 5%
MnStar 10%
Newmar 5%
Panorama 5%
Patrol Power 20%
Pico 35%
Pro‐Gard 20%
Ram Mounts 15%
Stico  2%
Sound Off 40%
Streamlight 30%
TigerTough 5%
Tomar  23%
Troy 28%
Tuffy 20%
Unity 38%
Whelen 40%
Xantrex 20%
Panasonic Toughbooks 12%
Panasonic ICV 12%
Vigilant ALPR 12%
CradlePoint 5%
Federal Signal 38%
Havis 30%
Setina 25%

EXHIBIT B

ATTACHMENT A

Sierra Wirless 5%
Ubiquity 2%
Fixed PODS 10%

EXHIBIT B

ATTACHMENT A

Fiscal Year 2022-23
Quantity Unit Unit Cost Cost
20 Each 22,311.62 $ 446,232.40 $
1 Lump Sum 50,000.00 $ 50,000.00 $
Subtotal Fiscal Year 2022-23 496,232.40$
Fiscal Year 2023-24
Quantity Unit Unit Cost Cost
35 Each 22,311.62 $ 780,906.70 $
1 Lump Sum 50,000.00 $ 50,000.00 $
Subtotal Fiscal Year 2023-24 830,906.70$
Fiscal Year 2024-25
Quantity Unit Unit Cost Cost
35 Each 22,311.62 $ 780,906.70 $
1 Lump Sum 50,000.00 $ 50,000.00 $
Subtotal Fiscal Year 2024-25 830,906.70$
Original Multi-Year Term Total 2,158,045.80$
Fiscal Year 2025-26
Quantity Unit Unit Cost Cost
35 Each 22,311.62 $ 780,906.70 $
1 Lump Sum 50,000.00 $ 50,000.00 $
Subtotal Fiscal Year 2025-26 830,906.70$
Fiscal Year 2026-27
Quantity Unit Unit Cost Cost
35 Each 22,311.62 $ 780,906.70 $
1 Lump Sum 50,000.00 $ 50,000.00 $
Subtotal Fiscal Year 2026-27 830,906.70$
Fiscal Year 2027-28
Quantity Unit Unit Cost Cost
35 Each 22,311.62 $ 780,906.70 $
1 Lump Sum 50,000.00 $ 50,000.00 $
Subtotal Fiscal Year 2027-28 830,906.70$
Optional One-Year Extensions Total 2,492,720.10$
TOTAL CONTRACT WITH EXTENSIONS 4,650,765.90$

FUNDING BREAKDOWN OVER CONTRACT TERM
Police Department and City Vehicle Up-Fitting
Project No. OM-23-022
Original Multi-Year Term
Optional Three One-Year Extensions

ATTACHMENT A

EXHIBIT B

REV 2022‐05‐17
Exhibit C:

Insurance Requirements
Contractor shall procure and maintai
n for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

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

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

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

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

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

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

EXHIBIT C

ATTACHMENT A

REV 2022‐05‐17

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
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

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Self-Insured Retentions

Self-insured retentions must be declared to and approved by the City of Stockton. 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. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.

Verification of Coverage

Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton 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. 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.

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.

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Certificate Holder Address

The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3
rd Floor – HR
Stockton, CA 95202

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