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The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or 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 the limits of liability. Payment Bond in the amount of the self -insured retention (SIR) may be required.
Policies containing any self -insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
CONTRACTOR shall maintain insurance as requi red by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by t his agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement inc luding the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub -subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon req uest. The General CONTRACTOR shall require all sub - contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.
4. INDEMNITY AND HOLD HARMLESS. 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 all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, 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.
5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8 -1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016 , by Council Resolution No. 2016 - 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Director of Municipal Utilities department will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.
6. WORKING DAYS. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely EXHIBIT 3
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difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of FIVE HUNDRED AND NO/100 DOLLARS ($500) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Municipal Utilities department, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Municipal Utilities department in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Municipal Utilities department or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately, and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties.
CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose o
f this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by EXHIBIT 3
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this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Division 2, Part 7, Chapter 1, Article 2, Wages of the California Labor Code shall be considered part of the contract agreement. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division=
2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of De partment of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1 , apprenticeship or ot her training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the S tate of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Municipal Utilities department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
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iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contrib ution of funds to administer and conduct apprenticeship programs, if applicable to the job.
e. LOCAL EMPLOYMENT ORDINANCE
For contracts valued at $100,000 and above, pursuant to Stockton Municipal Code Section
3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section 3.68.095.
f. COMMUNITY WORKFORCE TRAINING AGREEMENT
For contracts valued at 1,000,000 and above, p ursuant to the implementation of the Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of the CWTA. For any project subje ct to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and no separate compliance with Section 3.68.095 will be required o f the Contractors/Employers working on the project.
CITY agrees:
8. COMPENSATION. To pay CONTRACTOR for the work herein contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Municipal Utilities department as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the ce rtification by the Director of Municipal Utilities department of such completion.
9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.
CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of EXHIBIT 3
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943146143
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Exhibit B:
Insurance Requirements
(Smith Canal Sanitary Pump Station Odor Control Unit Replacement UW23021)
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, 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 (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety Bonds as described below.
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.
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 EXHIBIT 3
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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 Insured.
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.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. 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 and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions 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.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage 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.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
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If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
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.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this EXHIBIT 3
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waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
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.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate EXHIBIT 3
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Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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 Street, 3rd Floor – HR
Stockton, CA 95202
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EXHIBIT C
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BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That we, _______________________________, a STATE OF CALIFORNIA CORPORATION, as Principal and , a
corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly creat ed and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of TWO HUNDRED THIRTY-NINE THOUSAND, FIVE HUNDRED AND NO/100 DOLLARS ($239,500), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:
SMITH CANAL SANITARY PUMP STATION ODOR CONTROL UNIT REPLACEMENT (PROJECT NO. UW23021)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.
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No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on
APPROVED AS TO SURETY: By:
PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
ATTORNEY-IN-FACT
By:
CITY ATTORNEY
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BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That we, BLOCKA CONSTRUCTION, INC. , a STATE OF CALIFORNIA CORPORATION, as Principal and , corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and m aterials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of TWO HUNDRED THIRTY -NINE THOUSAND, FIVE HUNDRED AND NO/100 DOLLARS ($239,500), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:
SMITH CANAL SANITARY PUMP STATION ODOR CONTROL UNIT REPLACEMENT (PROJECT NO. UW23021)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fe e shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any EXHIBIT 3
SMITH CANAL SANITARY PUMP STATION
ODOR CONTROL UNIT REPLACEMENT
PROJECT NO. UW23021
494
such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 an d 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on .
APPROVED AS TO SURETY: By:
PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
ATTORNEY-IN-FACT
By:
CITY ATTORNEY
EXHIBIT 3
SMITH CANAL SANITARY PUMP STATION
ODOR CONTROL UNIT REPLACEMENT
PROJECT NO. UW23021
495
City of Stockton
Legislation Text
File #: 23-0251, Version: 1
ADOPT A RESOLUTION TO AUTHORIZE CONTRACT AMENDMENT NO. 1 WITH LUHDORFF & SCALMANINI CONSULTING ENGINEERS FOR ADDITIONAL SERVICES AT WATER WELL NO. 33 RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing Contract Amendment No. 1, in the amount of $52,250, with Luhdorff & Scalmanini Consulting Engineers for additional services at Water Well No. 33, Project No. UH22005.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
On May 13, 2022, the City entered into a professional services agreement with Luhdorff & Scalmanini Consulting Engineers (LSCE), in the amount of $65,640, for the Comprehensive Well Evaluation at Water Well No. 33 (Attachment A). The contract was administratively approved by the City Manager as its amount was below the $100,000 spending authority.
Due to a changed site condition, LSCE submitted Contract Amendment No. 1 (Exhibit 1 to the Resolution) increasing the amount by $52,250 (Attachment B). This increased amount requires City Council approval, as the contract amount will total $117,890, exceeding the City Manager’s spending authority.
DISCUSSION
Background
In 2008, the Municipal Utilities Department (MUD) Water Well No. 33 was constructed to provide potable water within the proposed Cannery Park development in northeast Stockton. Due to the economic slowdown in the following years, the project was not completed. The undeveloped well has remained in an inactive status for the past 13 years. The physical condition of the well, its water quality, and production capacity require a qualified evaluation prior to further development.
The original services under the current contract include conducting a comprehensive evaluation of the well. Luhdorff & Scalmanini Consulting Engineers is responsible for the well evaluation including performing a video survey of the well casing and screens, conducting a pump test to assess the capacity of the well, and water quality sampling.
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File #: 23-0251, Version: 1
Present Situation
The initial video of the well revealed a previously unknown inner casing covering the upper screen interval. This casing was not shown on previous drawings and needs to be removed so that the screen interval in this area can be inspected.
Contract Amendment No. 1 includes the removal of the existing 18-inch inner casing and video inspection of the upper two screen sections of the well that were not visible during the initial videotaping. The scope also includes airlifting the accumulated debris from the well, chlorinating the well, and reinstalling the inner casing.
The revised final completion date for this contract is December 31, 2023.
FINANCIAL SUMMARY
There are sufficient funds available in the Water Capital Improvement Project UH22005 to pay for the additional cost of $52,250.
Attachment A - Luhdorff & Scalmanini Consulting Engineers Contract Attachment B - Luhdorff & Scalmanini Consulting Engineers Request City of Stockton Printed on 3/29/2023Page 2 of 2
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500 First Street, Woodland, CA 95695 • Tel. 530.661.0109 • Fax. 530.661.6806 • lsce.com November 1, 2022
Mr. Amin Kazemi
Engineering Division, MUD
City of Stockton
425 North El Dorado Street
Stockton, CA 95202
SUBJECT: REQUEST FOR BUDGET AMENDMENT FOR COMPREHENSIVE WELL EVALUATION WATER OF WELL NO. 33 - PROJECT NO. UH22005 Dear Mr. Kazemi,
Luhdorff & Scalmanini Consulting Engineers (LSCE) is requesting a budget amendment for the Well No. 33 Evaluation Project (Project No. UH22005) to provide additional project services.
Background
LSCE’s original project work plan and budget included a video inspection of Well No. 33 to assess its condition, pump development with a temporary pump, test pumping, and water quality sampling. As part of the project, a video survey of the well was performed by LSCE’s subcontractor, Roadrunner Drilling and Pump (RDP), on August 9, 2022, to visually evaluate the condition of the well structure.
During the video survey, the upper two screen sections (144’ – 170’ and 186’ – 216’) were not visible due to the installation of an inner, 18‐inch diameter, steel casing set within the well to a depth of 220 feet that was previously unknow. Subsequent investigation by the City revealed that the inner casing was installed to mitigate cascading water conditions originating from the two uppermost screen intervals after the well was constructed.
Bacterial growth was observed on the screens below the installed liner. Although the uppermost screens, behind the 18‐inch casing, are not visible, it is reasonable to expect that they are in the same condition as the lower screen sections. Approximately 21‐feet of fill material was also observed in the bottom of the well.
Based on the condition of the screens that were visible during the video survey, the inability to visually inspect the screens behind the installed liner, and the accumulation of fill in the bottom of the well, LSCE recommended that the liner be removed from the well, the fill removed from the well sump, and that a limited well rehabilitation be performed before pump testing and water quality sampling.
LSCE prepared and submitted to the City a work plan (attached) that include recommend work not included in our original work plan. The original and new work plan task elements are listed below.
ATTACHMENT B
541
Mr. Amin Kazemi
November 1, 2022
XXXX/XX‐XXX/REP ORT/WP/XXXXX
Original Work Tasks New Work Tasks
Mobilization
Video Survey
Removal of Inner Liner
Video Upper Portion of Well
Airlift Fill
Brush Well
Chlorinate Well
Brush Well
Airlift Well
Video Well
Pump Install
Pump Development
Pump Testing
Water Quality Sampling
Reinstall Inner Liner
Well Disinfection
Seal Well
Cost Estimate
The original project contractor cost and cost of LSCE oversight and updated project costs are summarized in the table below.
Original cost for contractor services $35,000
Increased contractor costs for additional work $38,250 New total Contractor Cost $73,250
Original cost for LSCE inspection/oversight cost $10,400 Increased cost for additional field inspection/oversight (80 hours)
$14,000
New total LSCE inspection/oversight cost $24,400
Original total project cost $65,640
Increase over original cost (Budget Amendment Amount) $52,250 New total project cost $117,890
LSCE is requesting a budget incr
ease amendment to the current project amount in the amount of $52,250 to perform the additional work included in the updated work plan.
LSCE will bill monthly for labor and materials, only as incurred, in accordance with LSCE’s Schedule of Fees.
Schedule
LSCE’s well subcontractor is currently scheduled to mobilize to the Well No. 33 site on or about the week of November 28, 2022 and complete the well and testing work by December 24, 2022.
ATTACHMENT B
542
Mr. Amin Kazemi
November 1, 2022
XXXX/XX‐XXX/REPORT/WP/XXXXX
We will be pleased to answer any questions you may have regarding this budget amendment request or the attached work plan.
Sincerely,
LUHDORFF AND SCALMANINI
CONSULTING ENGINEERS
Scott Lewis, PG
Senior Principal Geologist
Attachments: Well No. 33 Evaluation Work Plan, City of Stockton, August 2022
ATTACHMENT B
543
City of Stockton
Municipal Utilities Department
2500 Navy Drive
Stockton, CA 95206
Luhdorff and Scalmanini
Consulting Engineers
500 First Street
Woodland, CA 95695
City of Stockton Contact
Amin Kazemi
209‐973‐8716
LSCE Contact Person
Scott Lewis
530‐661‐0109
LSCE File No. 21‐2‐145
Well No. 33 Evaluation Work Plan
City of Stockton
August 2022
BACKGROUND
The City of Stockton’s (City) Well No. 33 (well) was constructed in 2009. Due to changing water demands at that time, the well was not developed as a water source and has been idle. The City would like to develop Well No. 33 for use as a water supply source. As a first step in that process, Luhdorff & Scalmanini Consulting Engineers (LSCE) has been retained by the City to assess the condition of the well (structural condition, screen intake plugging, bacteriological growth, mineral scale buildup) and its performance (yield, water quality).
A video survey of the well was performed by LSCE’s subcontractor, Roadrunner Drilling and Pump (RDP), on August 9, 2022, to visually evaluate the condition of the well structure. The results of the video survey were used to develop the work plan outlined below. After the video survey, the well was sealed shut by welding on a lid.
During the video survey, the upper two screen sections (144’ – 170’ and 186’ – 216’) were not visible due to the installation of an inner, 18‐inch diameter, steel casing set within the well to a depth of 220 feet (Figure 1). The presence of the inner casing was not known about at the start of the video survey.
Ken Worster (Brown and Caldwell), who worked on the Well No. 33 project in 2009, communicated to the City that the inner casing was installed after the 2009 well construction and testing to mitigate cascading water conditions originating from the two uppermost screen intervals.
Based on the video survey, bacterial growth observed within the well structure was modest considering the length of time the well has been idle. Bacterial growth is most prevalent at the tops and bottoms of screen sections. The well structure and screens appear to be in structurally good condition. No holes or damage was observed. There is approximately 21‐feet of fill material in the bottom of the well. The attached Water Well Video Report by RDP includes images from within the well. Although the
ATTACHMENT B
544
Well 33 Evaluation Work Plan
August 2020
uppermost screens, behind the 18‐inch casing, are not visible, it is reasonable to expect that they are in the same condition as the lower screen sections.
Based on the condition of the well, LSCE recommends temporarily removing the installed inner casing, removal of the fill in the bottom of the well, brushing of the entire well structure to dislodge bacterial growth, and shock chlorina
ting the well before well development and testing using a temporary pump.
WORK PLAN
The work plan below includes the elements required to prepare the well for pump testing and performance evaluation. The tasks described below will be completed by RDP. LSCE will oversee and record all operations and collect water samples for analysis. The inner, 18‐inch casing in the well shall be removed in order to provide access to the upper screened zones for brushing and inspe
ction. The inner casing shall be removed in such a manner that will allow for its reinstallation at the conclusion of pump testing. After the inner casing has been removed, the fill material in the well shall be removed via open‐ ended airlifting. Fluids generated during
airlifting shall be discharged to a settling tank. After the fluids have passed through the settling tank, the fluids may be discharged to the on‐site sanitary sewer inlet. All fluids discharged to the sanitary sewer inlet will be free of solids. The maximum rate of discharge to the sa
nitary sewer system will be 300 gpm. A totalizing flow meter and valve to regulate flow shall be installed on the discharge assembly. The daily volume of water discharged to the sanitary sewer system shall be recorded. Airlifting shall continue until the fluids generated from the well are clear and free of solids. At the concl usion of airlifting, the Contractor
shall determine the depth of the by direct measurement. Once airlifting of the fill has been completed, the well shall be brushed with a tight‐fitting polypropylene well brush. The Contractor shall brush the entire well structure from top of pedestal to bottom for a period of two hours. The Co
ntractor shall spend the bulk of brushing
time on screen intervals, with minimal time spent in the blank section above the top of the uppermost screen section.
After brushing the well, it shall be chlorinated to a concentration of 200 parts per million (ppm).
The chlorine solution shall be placed in the wells’ water column via an installed tremie pipe or hose at regular intervals sufficient to achieve the required 200 ppm concentration throughout the water column. Following well chlorination, the Contractor shall brush the entire well structur e for a period of 2‐hours. Following the second well brushing, the well shall sit idle for a period of approximately 24‐hours, or as determined by the engineer. After the well has sat idle, the well shall be open ended airlifted to remove chlorinated water and any solids produced durin
g well brushing. All fluids produced during airlifting shall be discharged to a tank whereupon the residual chlorine shall be measured and recorded. If the chlorine residual concentration exceeds the sanitary sewer limit (to be determined by the City), the water shall be dechlorinated in batches using sodium thiosulfate or approved equal. Once the residual chlorine has been lowered to the approved concentration, all fluids shall be discharged to the on‐
ATTACHMENT B
545
Well 33 Evaluation Work Plan
August 2020
site sanitary sewer inlet. Open‐ended airlifting shall continue until fluids generated from the well are free of solids and the residual chlorine concentration is below the approved sanitary sewer discharge concentrations.
At the conclusion of airlifting, a well video survey shall be performed in order to visually inspect the condition of the well structure.
After the video inspection, the Contractor shall install a temporary turbine test pump in the well.
The test pum
p shall be installed to a depth of 250‐feet and be capable of pumping 3,000 gpm.
The pump discharge assembly shall be equipped with a totalizing flow meter, Rossum sand tester, sample tap, and a valve to regulate flow. Discharge water shall be directed to th e storm drain
manhole located in the street adjacent to the project site. The Contractor shall provide the required piping and apparatus to convey the water from the well to the discharge point. Records of flow rate, pumping water level, turbidity, sand conten t, and daily discharge volume shall be
recorded on standardized sheets.
The well shall be developed using the test pump by pumping and surging techniques. Pump development shall begin at the lowest pumping rate possible with the installed pump and test engine. The well shall be developed via pumping and surging un til the fluids produced are less
than 5 NTU, have a sand content less than 5 parts per million, and the specific capacity of the well is not increasing. Once these conditions have been met, the flow rate shall be increased at increments of approximately 500 gpm and the process repeated until a flow rate of 3,000 gpm or
the limit of the well yield has been achieved. During pump development, water shall be added to the gravel fill and sounding pipe.
At the conclusion of pump development, an 8‐hour constant rate pumping test shall be performed. The rate of the pumping test will be the maxi mum sustainable flow rate possible
based on the performance during pump development.
Water samples for laboratory analysis will be collected after six hours of pumping. The samples will be submitted to a State Certified Laboratory for the chemical analysis of select water qual ity analytes.
At the conclusion of pump testing, the Contractor shall remove the test pump and discharge piping and reinstall the inner casing to the original depth. After the inner casing is reinstalled, the well shall be chlorinated to a concentration of 100 ppm.
The chlorine solution shall be placed in the water col
umn via an installed tremie pipe or hose at
regular intervals sufficient to achieve the required 100 ppm concentration throughout the water column.
Once the well has been chlorinated, the well shall be sealed with a steel cap welded to the casing.
The wel
l site shall be cleaned of debris and all equipment shall be demobilized from the site.
ATTACHMENT B
546
Depth Description
124'------..,... ..
: .. · '. : . :.- .
144'----·I
170'----·1
186'----•·
216'-.. '.-<-\-:}
220·-- ------•-- ·., : .:- .
230'
--� :-·· .. :
240'
262'----I
272'
275'
285'
290'
310'
326'----I
,,
362'---:::::==1:,:;,;.;;.,.;,,;;.:1 366'
376'
390'----l
408'
412'
422'
436'----·l
456'----I.
466'----I
.. ·.
< /'t .·�
Surface Seal
Cement Grout
t \� .: ·,-------34 • Dia. Borehole .. � ·:"· �:
...,.h-'--.,.'-•-=••..._' ·+------- Well Casing, Steel ·' · ·. · • 1 a• Outside Dia. j� �:�� -� -� .-....,,.... _______ Well Cosing, Steel
20" Dia. x 5/16" Woll
}::'.:/\ _..,.,..,... ...... ------Well Screen, Steel
20" Dia x 5/16" Woll
0.045" Slot Size (Typ)
476'------------------
*Well profile is based on available Well
Completion Report. Conductor cosing depth is
unknown.
CAD FILE: G: Projects\City of Stockton 21-145\Well No.33 Profile.dwg DATE: 8/10 2022 12:31 PM Luhdorff 6
Scalmanini
Consulting Engineers
Figure 1. City of Stockton Well No. 33 Profile
ATTACHMENT B
547
WATER WELL
VIDEO REPORT
WATER WELL
VIDEO REPORT
Roadrunner Drilling & Pump Co incRoadrunner Drilling & Pump Co inc Contractor License No.: CA. 803909
80 Bee Jay Way Woodland, CA. 95776
Phone: 530-406 8559 Fax: 530-666-7854
Client: LSCE Survey Date: August 9, 2022
Address: 500 First St. Invoice: 1135-22 Run: 1
City: Woodland State: CA Zip: 95695 Well Name: 33
Requested By: Scott Lewis P.O.: Well Owner: City of Stockton Copy To: Camera: CCV Color Flip Camera - Long L.H.
Zero Datum: Top Of Casing
Depth: 456.7 ft. Vehicle: 39
Type Perfs: Stainless Steel Screen
Reason For Survey: General Inspection
Location: 3061 Aerosmith Rd. Stockton, CA
Field: Stockton
County: S
an Joaquin Country: USA
Perf Intervals: 264-274 ft. 293-312 ft. 329-364 ft. 392-410 ft. 439-456 ft. 1st Csg I.D.: 17.5 in. Csg Weight: From: 0.0 ft. To: 219.8 ft. 2nd Csg I.D.: 20 in. Csg Weight: From: 219.8 ft. To: 456.7 ft.
I.D Reference: Measured- Top only Casing Buildup: Moderate S.W.L.: 74.2 ft. P.W.L.: Pump Depth:
Operator: N. Plascencia Latitude: 38.049292° Longitude.: 121.273142° Section: Range: Township:
Other Information:
Notes: TOC is 30" AGS
WELLBORE SNAPSHOTS DEPTHS
(SideScan-Feet) WELLBORE / CASING INFORMATION
0.0 Ft. Zeroed At Side Scan Lens
74.2 Ft. Static Water Level (SWL)
139.6 Ft. Unknown Square Cutout
219.8 Ft. 18-inch x 20-inch Casing Reduction
222.3 Ft. Top of Sounding Box
229.3 Ft. Bottom of Sounding Box
264.8 Ft. Perforations, Top of Wire Wrapped Stainless Steel Screen 274.2 Ft. Perforations, Bottom of Wire Wrapped Stainless Steel Screen 292.9 Ft. Perforations, Top of Wire Wrapped Stainless Steel Screen 312.3 Ft. Perforations, Bottom of Wire Wrapped Stainless Steel Screen 328.9 Ft. Perforations, Top of Wire Wrapped Stainless Steel Screen 364.3 Ft. Perforations, Bottom of Wire Wrapped Stainless Steel Screen 392.0 Ft. Perforations, Top of Wire Wrapped Stainless Steel Screen 401.9 Ft. Wire Wrapped Stainless Steel Screen
410.2 Ft. Perforations, Bottom of Wire Wrapped Stainless Steel Screen 438.8 Ft. Perforations, Top of Wire Wrapped Stainless Steel Screen 455.2 Ft. Down View Top of Fill @ 456.7, Still in Perforations
0' (See Other Side)
.1' (See Other Side)
74.2' (See Other Side)
272.4' (See Other Side)
455.2' (See Other Side)
438.8' (See Other Side)
410.2' (See Other Side)
401.9' (See Other Side)
392.9' (See Other Side)
364.3' (See Other Side)
328.9' (See Other Side)
312.3' (See Other Side)
ATTACHMENT B
548
WELLBORE SNAPSHOT(S)
Depth: 0 Feet
WELLBORE SNAPSHOT(S)
Depth: 0.1 Feet
WELLBORE SNAPSHOT(S)
Depth: 74.2 Feet
WELLBORE SNAPSHOT(S)
Depth: 272.4 Feet
WELLBORE SNAPSHOT(S)
Depth: 455.2 Feet
WELLBORE SNAPSHOT(S)
Depth: 438.8 Feet
WELLBORE SNAPSHOT(S)
Depth: 410.2 Feet
WELLBORE SNAPSHOT(S)
Depth: 401.9 Feet
WELLBORE SNAPSHOT(S)
Depth: 392.9 Feet
WELLBORE SNAPSHOT(S)
Depth: 364.3 Feet
WELLBORE SNAPSHOT(S)
Depth: 328.9 Feet
WELLBORE SNAPSHOT(S)
Depth: 312.3 Feet
ATTACHMENT B
549
WATER WELL
VIDEO REPORT
WATER WELL
VIDEO REPORT
Contractor License No.: CA. 803909
80 Bee Jay Way Woodland, CA. 95776
Phone: 530-406 8559 Fax: 530-666-7854
Survey Date: August 9, 2022
Client: LSCE
Well Name: 33
Depth: 456.7 ft.
1st Csg I.D.: 17.5 in. From: 0.0 ft. To: 219.8 ft.
2nd Csg I.D.: 20 in. From: 219.8 ft.To: 456.7 ft.
S.W.L.: 74.2 ft. P.W.L.: Pump Depth:
Type Perfs: Stainless Steel Screen
Perf Intervals: 264-274 ft. 293-312 ft.
329-364 ft. 392-410 ft.
439-456 ft.
Notes: TOC is 30" AGS
WELLBORE SNAPSHOTS DEPTHS
(SideScan-Feet) WELLBORE / CASING INFORMATION
292.9' (See Other Side)
274.2' (See Other Side)
229.3' (See Other Side)
222.3' (See Other Side)
219.8' (See Other Side)
219.6' (See Other Side)
139.6' (See Other Side)
ATTACHMENT B
550
WELLBORE SNAPSHOT(S)
Depth: 292.9 Feet
WELLBORE SNAPSHOT(S)
Depth: 274.2 Feet
WELLBORE SNAPSHOT(S)
Depth: 229.3 Feet
WELLBORE SNAPSHOT(S)
Depth: 222.3 Feet
WELLBORE SNAPSHOT(S)
Depth: 219.8 Feet
WELLBORE SNAPSHOT(S)
Depth: 219.6 Feet
WELLBORE SNAPSHOT(S)
Depth: 139.6 Feet
ATTACHMENT B
551
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING CONTRACT AMENDMENT NO. 1 IN THE AMOUNT OF $52,250 WITH LUDORFF & SCAL MANINI CONSULTING ENGINEERS FOR ADDITIONAL SERVICES AT WATER WELL NO. 33 (PROJECT NO. UH22005)
On December 9, 202 1, the City Clerk of the City of Stockton received sealed proposals for the Implementation of a Comprehensive Well Evaluation at Water Well No. 33, (Project No. UH22005); and
Two submitted proposals were evaluated . Luhdorff & Scalma nini Consulting Engineers was found to be the most qualified proponent; and
On May 13, 2022, the City entered into a professional service contract with Luhdorff & Scal manini Consulting Engineers in the amount of $65,640, (Contract No. 422000713); and
This contract amount was under $100,000 and therefore, within City Manager’s delegated authority allowed by Council Resolution #11-0298; and After initial work began , it was determined that the well was not constructed as shown on previous design drawings, which resulted in a differing site condition and a contract amendment was needed; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Contract Amendment No. 1 in the amount of $52,250 to Luhdorff & Scalmanini Consulting Engineers for the implementation of Comprehensive Well Evaluation at Water Well No. 33, Project No. UH22005, is hereby approved, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.
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2. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED April 4, 2023 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
553
EXHIBIT 1
554
Harry Black, City Manager
ATTEST:
Eliza R. Garza CMG, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
(Rev. 10.27.22)
Date
2 I I I I
. I
EXHIBIT 1
555
City of Stockton
Legislation Text
File #: 23-0252, Version: 1
ADOPT A RESOLUTION TO AUTHORIZE A FIVE-YEAR CONTRACT WITH BEST
ENVIRONMENTAL FOR COGENERATION SYSTEM TESTING SERVICES
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving the plans and specifications for the Request for Proposals for the Source Testing for the Stockton Regional Wastewater Control Facility (PUR 23-003).
2. Authorizing a five-year contract with Best Environmental of Livermore, California, to provide cogeneration engine system testing services for a total amount not-to-exceed $201,350.00.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The Municipal Utilities Department (MUD) operates the Regional Wastewater Control Facility (RWCF) for wastewater treatment. The MUD RWCF holds a Title V Permit with the San Joaquin Valley Air Pollution Control District for equipment located onsite that requires testing on a periodic basis. This equipment includes three (3) digester gas fired Cogeneration Engines tested biennially, two (2) Bioscrubbers tested annually, and annual testing of fuel used to operate the Cogeneration Engines.
If approved by Council, this resolution will authorize the City Manager to execute a five-year contract with Best Environmental for Cogeneration System testing services in the amount of $201,350.00.
DISCUSSION
Background
The MUD operates three (3) 1,408 horsepower, Waukesha L7042GLD internal combustion engines.
While in active status, they are required to be source tested every 24 months. The MUD also operates two (2) Harrington Environmental Engineering Bioscrubbers. These Bioscrubbers require annual source testing for ammonia (NH3) emissions from each of the outlets. The fuel used to operate the cogeneration engines is a byproduct of digested biosolids and sulfur testing is required annually.
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File #: 23-0252, Version: 1
Present Situation
A request for Proposals for Source Testing for the Stockton Regional Wastewater Control Facility (PUR-23-003) was publicly advertised on October 6, 2022, in The Record and on the City’s Bid Flash webpage.
On November 17, 2022, sealed proposals were received by the City Clerk’s office. One proposal was received by email prior to this date with the following results:
Company
Name
Location Proposal
Amount
(Source
Testing of
each
Cogeneration
Engine)
Proposal
Amount
(Source Testing
Bioscrubbers)
Proposal
Amount (Fuel
Sulfur
Testing)
Five-Year
Contract
Amount
Best
Environmental
Livermore,
California
$12,650.00 $4,250.00 $600.00 $201,350.00
The bid was regular in all respects and meets the MUD needs. Best Environmental is the current vendor for source testing services and has an excellent performance history with the City.
Staff recommends approving a five-year contract with Best Environmental of Livermore, California for the not-to exceed amount of $201,350.00.
FINANCIAL SUMMARY
The FY 2023-24 Annual Budget will include sufficient budget in the Wastewater Operations Special Services account for the proposed cost for source testing services. Costs for the subsequent years will be budgeted in the same account, subject to Council approval, during the annual budget development process.
There is no impact to the General Fund, or any other unrestricted fund, from this action.
City of Stockton Printed on 3/29/2023Page 2 of 2
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557
Resolution No.
STOCKTON CITY COUNCIL
AUTHORIZE A FIVE -YEAR CONTRACT WITH BEST ENVIRONMENTAL FOR
COGENERATION SYSTEM TESTING SERVICES
The Municipal Utilities Department (MUD) operates the Regional Wastewater Control Facility (RWCF) for wastewater treatment. The MUD RWCF holds a Title V Permit with the San Joaquin Valley Air Pollution Control District for equipment located onsite that requires testing on a periodic basis. This equipment includes three (3) digester gas fired Cogeneration Engines tested biennially, two (2) Bioscrubbers tested annually, and annual test of the fuel used to operate the Cogeneration Engines; and
The MUD operates three (3) 1,408 horsepower, Waukesha L7042GLD internal combustion engines. While in active status, they are required to be source tested every 24 months. The MUD also operates two (2) Harrington Environmental Engineering Bioscrubbers. These Bioscrubbers require annual source testing for ammonia (NH3) emissions from each of the outlets. The fuel used to operate the cogeneration engines is a byproduct of digested biosolids and sulfur testing is required annually; and
On October 6 , 2022, a Request for Source Testing for the Stockton Regional Wastewater Control Facility (PUR 23-003) was advertised in The Record and the City’s Bid Flash; and
On November 17, 2022, sealed proposals were received by the City Clerk’s office; and
Best Environmental of Livermore, California , submitted a bid that is regular in all aspects with a not-to-exceed amount of $201,350; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Approve the plans and specifications for the Request for Proposals for the Source Testing for the Stockton Regional Wastewater Control Facility (PUR 23 -003), a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. Authorize the City Manager to execute a five-year contract with Best Environmental of Livermore, California, to provide cogeneration engine system testing services for a total amount not-to-exceed $201,350 , a copy of which is attached as Exhibit 2 and incorporated by this reference.
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558
3. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED April 4, 2023 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
559
REQUEST FOR PROPOSALS (RFP) PUR 23-003
SOURCE TESTING FOR THE STOCKTON REGIONAL
WASTEWATER FACILITY
PROPOSALS WILL BE RECEIVED UNTIL THE HOUR OF 2:00 PM, THURSDAY, NOVEMBER 17, 2022 IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA 95202-1997 OCTOBER 6, 2022
EXHIBIT 1
560
i
REQUEST FOR PROPOSALS (RFP)
SOURCE TESTING FOR THE STOCKTON REGIONAL WASTEWATER
FACILITY
*Dates and Times are Subject to Change*
RFP INFORMATION
PUR-23-003
Contact Alexandria De Lashmutt
Email Address [email protected]
Pre-Submittal Meeting Does not apply to this project.
MANDATORY/OPTIONAL
Site Tour
Does not apply to this project.
RFP Submittal
Mailing, Delivery Address
and Electronic Mail
Office of the City Clerk
425 North El Dorado Street, First Floor
Stockton, CA, 95202-1997
[email protected] (if applicable)
Due Date for Questions
and Clarifications
October 20, 2022, 2:00 pm Local Time
Due Date for Response to
Questions/Clarifications
November 3, 2023, By End of Day
RFP Submittal Due Date
& Time
November 17, 2022; 2:00 pm Local Time
Please note that some overnight delivery services
do not deliver directly to the City Clerk's Office. This could result in the proposal arriving in the City
Clerk's Office after the proposal opening deadline
and therefore not being accepted.
Short-List Interviews (if
applicable)
TBD
Bid Security & Bonds Bid Security Bonds
Labor Compliance DIR Registration Contractor’s License EXHIBIT 1
561
ii
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that sealed p roposals will be received no later than Thursday, November 17, 2022 at 2:00 pm (local time) by the City of Stockton, California for SOURCE TESTING FOR THE STOCKTON REGIONAL WASTEWATER FACILITY – PUR 2 3-003 in strict accordance with the specifications.
The City of Stockton, herein after referred to as the “City”, is requesting proposals from firms or individuals, herein after referred to as “Proponent” to provide source testing for specific equipment covered under the City’s Title V Permit with the San Joaquin Valley Air Pollution Control District (APCD) for the City. The City is seeking source testing for three (3) digester gas fired Cogeneration Engines on a biennial basis, two (2) bioscrubbers on an annual basis, and fuel sulfur testing on an annual basis.
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.
Proposal forms and specifications are available on the City’s website at www.stocktonca.gov/mudbid.
Sealed proposals must be delivered to the Office of the City Clerk, City Hall, 425 North El Dorado Street, Stockton, CA 95202 unless electronic mail delivery to [email protected] is applicable. Proponents 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 received and re-advertise.
For questions about this project, please contact Alexandria De Lashmutt at [email protected] or (209) 937-8357.
ELIZA GARZA, CMC, CITY CLERK
CITY OF STOCKTON
EXHIBIT 1
562
iii
Contents
1.0 BACKGROUND/SUMMARY ................................................................................................................ 1
2.0 SCOPE OF WORK ............................................................................................................................... 1
3.0 PROJECT SCHEDULE OF EVENTS ........................................................................................................ 4
4.0 SUBMITTAL REQUIREMENTS ............................................................................................................. 4
4.1 PROPOSAL GUIDELINES, CONTENT AND FORMAT ........................................................................ 4
4.2 COVER LETTER ............................................................................................................................... 5
4.3 REFERENCES .................................................................................................................................. 5
4.4 FINANCIAL STATEMENT ................................................................................................................ 5
4.5 CORPORATE STRUCTURE, ORGANIZATION ................................................................................... 6
4.6 PROPOSAL FEE .............................................................................................................................. 6
5.0 SELECTION CRITERIA & EVALUATION................................................................................................ 6
6.0 CITY REQUIREMENTS ........................................................................................................................ 7
6.1 CITY RESPONSIBILITIES .................................................................................................................. 7
6.2 LOCAL BUSINESS PREFERENCE ...................................................................................................... 7
6.3 MANDATORY/OPTIONAL PRE-SUBMITTAL MEETING ................................................................... 7
6.4 TERM ............................................................................................................................................. 7
6.5 OTHER GOVERNMENT AGENCIES ................................................................................................. 7
6.6 INSURANCE REQUIREMENTS ........................................................................................................ 7
6.7 APPLICABLE LAW ........................................................................................................................... 8
6.8 METHOD OF PAYMENT ................................................................................................................. 8
6.9 NOTICE TO OUT OF STATE BUSINESS ............................................................................................ 8
6.10 CONFIDENTIALITY.......................................................................................................................... 8
6.11 PROTEST POLICY ............................................................................................................................ 9
6.11.A Protest Procedure ................................................................................................................. 9
6.11.B Protest Review ...................................................................................................................... 9
7.0 GENERAL REQUIREMENTS, TERMS & CONDITIONS ........................................................................ 10
7.1 CONSEQUENCE OF PROPOSAL SUBMISSION .............................................................................. 10
7.2 ACCEPTANCE OR REJECTION OF PROPOSAL ............................................................................... 10
7.3 RIGHT TO CHANGE OR AMEND REQUEST ................................................................................... 11
7.4 CANCELLATION ............................................................................................................................ 11
7.5 EXAMINATION OF PROPOSAL MATERIALS .................................................................................. 11
7.6 ADDENDA AND INTERPRETATION ............................................................................................... 12 EXHIBIT 1
563
iv
7.7 DISQUALIFICATION...................................................................................................................... 12
7.8 CONDITIONS IF WORK IS SUBCONTRACTED ............................................................................... 12
7.9 LICENSING REQUIREMENTS ........................................................................................................ 13
7.10 PREVAILING WAGES & CONTRACTOR/SUBCONTRACTOR REGISTRATION REQUIREMENTS ....... 13
7.11 INDEMNITY AND HOLD HARMLESS ............................................................................................. 14
7.12 COMPETITIVE PRICING ................................................................................................................ 14
7.13 AVAILABLE FUNDING .................................................................................................................. 14
7.14 TERMINATION FOR CONVENIENCE ............................................................................................. 14
7.15 AUDITING CHARGES AND SERVICES ............................................................................................ 14
7.16 CHANGES ..................................................................................................................................... 14
7.17 AWARD ........................................................................................................................................ 14
8.0 PROPOSAL DOCUMENTS ................................................................................................................ 8-1 ATTACHMENT A – PROJECT SUBMITTAL CHECKLIST ............................................................................. 8-2 ATTACHMENT B- PROPONENT’S COVENANT ......................................................................................... 8-3 ATTACHMENT C - NON-COLLUSION AFFIDAVIT ..................................................................................... 8-4
9.0 PROPOSAL EXHIBITS ....................................................................................................................... 9-1
9.1 Exhibit 1 – Proposal Fee Schedule Form .................................................................................... 9-1
9.2 Exhibit 2 – Insurance Limits ....................................................................................................... 9-1
9.3 Exhibit 3 – Sample Contract ....................................................................................................... 9-1
EXHIBIT 1
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1 1.0 BACKGROUND/SUMMARY
The City of Stockton (City) is a Charter City incorporated in 1850 and located in California’s San Joaquin Valley. The City is the county seat of San Joaquin County and is 78 miles east of the San Francisco Bay Area, 337 miles north of Los Angeles and 40 miles south of Sacramento. The County is bound by Sacramento County to the north and Stanislaus County to the south. Approximately 310,000 residents live in Stockton.
The City of Stockton Municipal Utilities Department (MUD) manages, operates, and maintains three (3) utility enterprises: Water, Wastewater, and Stormwater. The Wastewater Enterprise is the subject of this Request for Proposals (RFP).
The Wastewater En terprise generally includes the wastewater collection system and the treatment and disposal facilities located at the Stockton Regional Wastewater Control Facility (RWCF). The RWCF is permitted to collect, treat, and discharge up to 55 million gallons per day (MGD) of wastewater.
The RWCF, located at 2500 Navy Drive, is a tertiary treatment plant that operates and discharges under the National Pollutant Discharge Elimination System (NPDES) Permit Order R5-2020-0007.
2.0 SCOPE OF WORK
The City is seeking a qualified firm with the experience, expertise, and qualifications to perform source testing on specific equipment covered under the City’s Title V Permit with the San Joaquin Valley Air Pollution Control District (APCD). This equipment includes three (3) digester gas fired Cogeneration Engines on a biennial basis, two (2) bioscrubbers on an annual basis, and fuel sulfur testing on an annual basis as outlined below in more detail.
Proponents must be an approved independent contractor by the State of California Air Resource Board (CARB). Proposal s should include details on experience, expertise, and describe Proponents’ plan to compete the following tasks and deliverables.
2.1 Task1: Cogeneration Engine Source Testing
The City operates three (3) 1,408 horsepower, Waukesha L7042GLD digester gas/natural gas - fired lean burn pre-combustion chamber type internal combustion (IC) engines. While in active status, they are required to be source tested every 24 months. Below are the permit numbers and current source testing schedules. All source tests are due to be scheduled within 30 days before or after the due dates shown. The City will provide any relevant operating and processing data (e.g., fuel usage, unit bhp, etc.).
EXHIBIT 1
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2 Source testing is required to be performed using APCD approved methods and procedures. The APCD is required to be notified 30 days prior to any source test and a source test plan must be submitted for approval at least 15 days prior to the testing. Because the source test results are due to be submitted to the APCD within 60 days after the source test, the results will be required to be submitted to the City within 40 days. Notification and the test plan shall be submitted directly from the Contractor to the APCD with a c opy to City staff. However, the City shall be responsible for the submission of the final results.
Below are the current requirements for running the source tests. It shall be the responsibility of the Contractor to ensure that tests are run in accordance with the most recently updated regulations.
• Thr
ee (3) 30-mi
nute test runs (plus response time) will be performed on each engine for NOx, CO, CO2 & O2 using EPA Methods 7E, 10, & 3A while running at normal operating conditions.
• Th
ree (3) 30 -minu
te t est runs will be performed on each engine for VOC using EPA Method 18.
• Thr
ee (3) 60-mi
nute test runs will be performed on each engine for SO2 using EPA Method 8 while running at normal operating conditions.
• Th
ree (3) 60 -min
ute test runs will be performed on each engine for total particulate matter (PM) using CARB Method 5 with CARB Method 5 back half analysis while running at normal operating conditions. PM testing will be performed while the engine is fired on digester gas only.
• All rele
vant obtainable process data will be provided by plant personnel (e.g., fuel usage, unit brake horsepower (BHP), etc.).
• EP
A Methods 1-4 s
hall be used to determine the outlet flow rate for determining emission rates and factors.
• In
clude a test program description and tables presenting concentrations (ppm @15% O2), emission factors (gm/Bhp-hr)
and emission rates (lbs/hr) for all relevant compliance test Engine No. Title V Permit No. Engine Description Source Test Due Co-gen 1 N-811-21-12 1,408 HP Waukesha Model
L7042GLD
9/11/2023
Co-gen 3 N-811-22-12 1,408 HP Waukesha Model
L7042GLD
5/12/2024
Co-gen 4 N-811-23-11 1,408 HP Waukesha Model
L7042GLD
3/26/2024
EXHIBIT 1
566
3 parameters. All supporting documentation (strip charts, field data sheets, calibrations, calculations, etc.) will be included in the appendix of the final report.
2.1.1 Task 1 Deliverables
• Proof of notification of source test scheduling to the APCD. • Proof of submittal of source test plan/protocol to the APCD. • Copy of the source test plan/protocol.
• A technical report (one (1) hard copy and one (1) electronic copy) shall be submitted to the City within 40 days of completion of the field sampling. This technical report will include, but not be limited to, the test program descriptions, tables presenting concentrations and emission rates for all parameters sampled, permit limits for each parameter, and all supporting documentation (Field data sheets, chain of custody, calculation sheets, calibration records, etc.).
2.2 Task 2: Bioscrubbers Source Testing & Fuel Sulfur Testing The City operates two (2) custom Harrington Environmental Engineering Bioscrubbers (55,000 CFM combined rating). These bioscrubbers are required to be source tested annually for Ammonia (NH3) emissions from each of the outlets. Below are the current requ irements for running the source tests. It shall be the responsibility of the Contractor to ensure that tests are run in accordance with the most recently updated regulations.
Below is the permit number and current source testing schedule. All source te sts are due to be scheduled within 30 days before or after the due dates shown. The City will provide any relevant operating and processing data.
• Temporary stacks are to be installed and removed following testing by Contractor • Moisture, volumetric flow rate, and molecular weight are to be determined using EPA/CARB Methods 1, 2, 3 and 4 in conjunction with the testing. • Triplicate 30 -minute test runs shall be performed for Ammonia (NH3) at each outlet simultaneously using BAAQMD Method ST-1B at normal operating conditions. • A single sample of the digester biogas will be collected and sent to a laboratory for Sulfur analysis using EPA Method 15.
Name Title V Permit No. Engine Description Source Test Due Bioscrubber
No. 1 & 2
N-811-26-4 Custom Harrington
Environmental Engineering
Bioscrubbers (55,000 CFM
combined rating)
7/31/2023
EXHIBIT 1
567
4 2.2.1 Task 2 Deliverables
• Proof of notification of source test scheduling to the APCD. • Proof of submittal of source test plan/protocol to the APCD. • Copy of the source test plan/protocol.
• A technical report (one (1) hard copy and one (1) electronic copy) shall be submitted to City within 30 days of completion of the field sampling. This technical report shall include, but not be limited to, the test program descriptions, tables presenting concentrations and emission rates for all parameters sampled, permit limits for each parameter, and all supporting documentation (Field data sheets, chain of cus tody, calculation sheets, calibration records, etc.).
3.0 PROJECT SCHEDULE OF EVENTS
The dates indicated on page i of this RFP are the anticipated milestones for this project. All dates are subject to change.
4.0 SUBMITTAL REQUIREMENTS
4.1 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:
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 P roponent’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) electronic version of the proposal. Electronic version can be submitted via USB or emailed to
[email protected]. 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 P roponent 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.
EXHIBIT 1
568
5 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.
4.2 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, an d 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.
4.3 REFERENCES
Provide a list of references with current cont act person, e-mail address and phone number who may be contacted regarding firm performance.
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
4.4 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 P roponent’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.
EXHIBIT 1
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6 4.5 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.
4.6 PROPOSAL FEE
Submit the proposal fee under sealed, separate envelope. Do not include with the technical proposal response. Proponent must use detailed basic fee structure in Exhibit 1 Proposal Fee Schedule Form and may break-down any other charges related to your firm’s proposal as specified in your response. Finalist’s fee structure may be subject to negotiation.
5.0 SELECTION CRITERIA & EVALUATION
The City is interested in selecting a qualified firm with the ability to provide source testing for specific equipment covered under the City’s Title V Permit with the San Joaquin Valley Air Pollution Control District (APCD) for the City. A key component for the successful firm will be the ability to meet the performance desires of the City while minimizing the cost.
The 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 make an oral presentation. During these presentations, the Proponent 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.
Each 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 staff, experience of c ompany, demonstrated knowledge of best practices for identified scope , financial business strength and fee schedule proposal.
Proper format and demonstrated experience will merit consideration.
To that end, the Panel will evaluate the proposals based on, but not limited to, the following criteria:
1. Proponent’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 Schedule - 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 1
570
7 6.0 CITY REQUIREMENTS
6.1 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.
6.2 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)
6.3 MANDATORY/OPTIONAL PRE-SUBMITTAL MEETING
There is no pre-submittal meeting for this project.
6.4 TERM
The City intends to enter a five (5) year contract with a one (1) time option to renew for an additional five (5) years.
6.5 OTHER GOVERNMENT AGENCIES
If mu tually 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 the successful Proponent, holding the City of Stockton harmless.
6.6 INSURANCE REQUIREMENTS
Proponent, at Proponent’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, endorse ments, and certificates shall be subject to approval by the Risk Manager of the City to Stockton as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager.
EXHIBIT 1
571
8 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 requirements 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.
6.7 APPLICABLE LAW
Applicable law shall be governed by the laws of the State of California. Venue shall be proper in the Superior Court o f 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.
6.8 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.
6.9 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 City 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.
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.
6.10 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 P roponent must submit in EXHIBIT 1
572
9 writing specific detailed reasons, including any relevant legal authority, stating why the Proponent 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 P roponent 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.
6.11 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.
6.11.A Protest Procedure
6.11.1 All protests must be in writing and stated as a formal protest.
6.11.2 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.
6.11.3 The protest must contain a complete statement of the basis for the protest and must include all relevant supporting documentation.
6.11.4 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.
6.11.5 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.
6.11.6 Deliveries of the protest by hand, mail, email or fax are acceptable.
6.11.7 The City is not responsible for lost or misplaced protests, or to assure the protest is received within the protest deadlines
6.11.8 The party challenging the award decision to bear the burden of proof of material error to justify invalidation of the proposed award.
6.11.B Protest Review
6.11.1 The Chief Financial Officer or designee shall respond in writing at least generally to each material issue raised in the protest.
6.11.2 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.
6.11.3 The City Manager shall review and decide the appeal based on the grounds and documentation set forth in the original protest to the Chief Financial Officer, or designee.
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10 6.11.4 Each party shall bear its own costs and expenses involved in the protest and appeal process, including any subsequent litigation.
6.11.5 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.
6.11.6 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).
6.11.7 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.
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.
A copy of this policy can be requested from the procurement specialist by emailing [email protected].
7.0 GENERAL REQUIREMENTS, TERMS & CONDITIONS
7.1 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.
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.
7.2 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.
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11 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 thereof, 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.
7.3 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/mudbid. Failure of any Proponent to not have r eceived such information and/or clarifications/questions/answers shall not relieve such Proponent from any obligation under his/her proposal as submitted.
Any exceptions to this Proposal shall be clearly stated in writing.
7.4 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 P roponent assumes the sole risk and responsibility for all expenses connected with the preparation of its proposal.
7.5 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 P roponent 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.
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12 7.6 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: ALEXANDRIA DE LASHMUTT
PROCUREMENT DIVISION
400 E MAIN, 3RD FLOOR
STOCKTON, CA 95202
[email protected]
Such 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/mudbid the date identified on page i of this Solicitation and will become a part of the Solicitation. The Proponent should await responses to inquiries prior to submitting a proposal.
7.7 DISQUALIFICATION
a. Any of the following may be considered cause to disqualify a P roponent 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 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 P roponent 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.
7.8 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.
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13 7.9 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 shall be required for this project. Please contact the City of Stockton Business License Division at (209) 937-8313.
7.10 PREVAILING WAGES & CONTRACTOR/SUBCONTRACTOR REGISTRATION
REQUIREMENTS
Prevailing wage rates may be required for this project according to State and Federal Labor laws.
Prevailing wage rates can be found by logging on to
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.
Department of Industrial Relations - Contractor Registration information and web link:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.
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14 7.11 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.
7.12 COMPETITIVE PRICING
Proponent warrant s 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 Proponent to provide product under more favorable charges, economic or product terms or warranties, P roponent shall immediately notify City of s uch change and this Contract shall be deemed amended to incorporate the most favorable charges, economic or product terms or warranties.
7.13 AVAILABLE 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 will terminate without penalty, at the end of the term for which funds are appropriated.
7.14 TERMINATION FOR CONVENIENCE
The City may terminate the resultant Agreement for convenience at any time by mailing a notice in writing to the Contractor.
7.15 AUDITING CHARGES 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 P roponent agrees to furnish the City with necessary information and assistance.
7.16 CHANGES
The City’s Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the P roponent or as recommended by the Proponent’s project manager, pursuant to the adopted City of Stockton Standard Specifications.
7.17 AWARD
Upon conclusion of the RFP process, a contract may be awarded for source testing services for specific equipment covered under the City’s Title V Permit with the San Joaquin Valley Air EXHIBIT 1
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15 Pollution Control District (APCD) for the City. T he City reserves the right to select the successful Proponent and to negotiate terms of a contract with the P roponent 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.
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8 PROPOSAL DOCUMENTS
SOURCE TESTING FOR THE STOCKTON REGIONAL WASTEWATER FACILITY PUR-23-003
SUBMITTAL DUE: THURSDAY, NOVEMBER 17, 2022 AT 2:00 PM
RFP Submittal
Mailing, Delivery Address
and Electronic Mail
Office of the City Clerk
425 North El Dorado Street, First Floor
Stockton, CA, 95202-1997
[email protected] (if applicable)
Proponent Business Name
Proponent Contact Name
Proponent Address
Proponent Phone Number
Proponent Email Address
Department of Industrial
Relations ID Number (if
applicable)
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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 Exhibit 1 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 signatoree.
Include your proposal, as outlined in these specifications. Submit one (1) ORIGINAL (unbound, no staples) and FOUR (4) COPIES of all proposal documents.
Additionally, submit one (1) USB with an electronic version of the proposal or electronically send to [email protected].
Review all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid.
Use Section 8.0 Proposal Documents to deliver sealed proposal timely to City Hall, City Clerk's Office (1st floor), 425 North El Dorado Street, Stockton, CA 95202, 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.
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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/mudbid.
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
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ATTACHMENT C - NON-COLLUSION AFFIDAVIT
No. 1 AFFIDAVIT FOR INDIVIDUAL PROPONENT
STATE OF ____________, ) ss.
County of )
(insert)
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 )
(insert)
being first 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)
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 ________________________
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No. 3 AFFIDAVIT FOR FIRM, ASSOCIATION, OR CO-PARTNERSHIP STATE OF _____________, )ss.
County of )
(insert)
, 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
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9.0 PROPOSAL EXHIBITS
Exhibits can be found on the City’s Bid Flash website:
http://www.stocktonca.gov/services/business/bidflash/default.html
9.1 Exhibit 1 – Proposal Fee Schedule Form
9.2 Exhibit 2 – Insurance Requirements
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 source testing.
9.3 Exhibit 3 – Sample Contract
Any major provision changes to the sample contract should be submitted by the Proponent along with the proposal response.
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Exhibit 1 Proposal Fee Schedule Form
Item No. Description Cost
1 Source Testing Cogen Engine No. 1 $
2 Source Testing Cogen Engine No. 2 $
3 Source Testing Cogen Engine No. 3 $
4 Source Testing Bioscrubbers No. 1 and 2 $
5 Fuel Sulfur Analysis (Digester Gas) $
TOTAL $
FIRM ADDRESS
SIGNED BY TITLE OR AGENCY
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Exhibit 2:
Insurance Requirements
(Source Testing Services)
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
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: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verificati on it has no employees)
4. Professional Liability/Errors and Omissions Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.
If the Consultant 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:
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Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
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 EXHIBIT 1
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endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
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.
Claims Made Policies
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract o f work .
3. If coverage is canceled or non-renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
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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.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years
after completion of the contract of work .
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3
rd Floor – HR
Stockton, CA 95202
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Agreement Number:
EXHIBIT B - SAMPLE CONTRACT
CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”) to provide
as set forth in Exhibit A to this Agreement.
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: Terminates on:
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms & Conditions
(d) Exhibit D – Professional Services Special Terms & Conditions (e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
(g) Exhibit G - Special Funding Terms & Conditions (If applicable check box)YES
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
Authorized Signature Date
Printed Name and Title of Person Signing
Address
CITY OF STOCKTON
BB
Harry Black, City Manager Date
ATTEST:
Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:
Lori Asuncion, City Attorney
BY:
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EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
1.1 (Type the Project objectives)
2. Project Scope
2.1 (Type the Project Scope in detail including location of Work, resources, equipment and facilities needed.)
3. Specifications
3.1 (If applicable and the project has specifications, insert the specifications into this section.)
4. Major Deliverables
4.1 (Type the major deliverables in detail)
5. Tasks That Support the Deliverables
5.1 (In detail, describe the Tasks that support the deliverables and which party will complete them.)
6. Internal and External Standards and Guidelines
6.1 (If applicable and the project has internal and/or external standards or guidelines, insert them into this section.)
7. Criteria of Acceptance for Deliverables
7.1 (Type criteria used to determine whether deliverables are acceptable, how they will be accepted, and who will accept them.)
8. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor:
City: City of Stockton
Attn: City Manager
EXHIBIT 1
593
2 (Rev. 10.30.18)
425 N. El Dorado Street
Stockton, CA 95202
9. Key Personnel
(If applicable, type the name and contact information Key Personnel working on the Project.)
10. Option to Renew.
(If an option to renew is applicable, keep this clause and type the specifics as to how many renewal terms e.g. two one-year renewals, etc.) The term of the Agreement may be extended up to by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed years.
EXHIBIT 1
594
1 (Rev. 10.30.18)
EXHIBIT B
INSURANCE
(RESERVED FOR CITY’S INSURANCE PROVISIONS APPROVED BY RISK) EXHIBIT 1
595
(Rev. 10.30.18; Mod 07.12.22 SG)
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipme nt that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services render ed pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor’s Work . All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work . All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree
1 EXHIBIT 1
596
(Rev. 10.30.18; Mod 07.12.22 SG)
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the t ime limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by vi rtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's
2 EXHIBIT 1
597
(Rev. 10.30.18; Mod 07.12.22 SG)
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W -2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.
3 EXHIBIT 1
598
(Rev. 10.30.18; Mod 07.12.22 SG)
11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.
14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws . Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
4 EXHIBIT 1
599
(Rev. 10.30.18; Mod 07.12.22 SG)
17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.
21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
22. Governing Law . California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
5 EXHIBIT 1
600
(Rev. 10.30.18; Mod 07.12.22 SG)
24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re- commence performance as promptly as commercially practicable.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
6 EXHIBIT 1
601
7 (Rev. 07.12.22)
29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
EXHIBIT 1
602
8 (Rev. 07.12.22)
EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the S ervices, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
EXHIBIT 1
603
9 (Rev. 07.12.22)
4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by member s of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards . By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registratio n or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re- performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement.
Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. P ersonnel
6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
EXHIBIT 1
604
10 (Rev. 07.12.22)
6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor . The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all t axes incurred as a resul t of Contractor ’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6.3 Key Personnel : Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key p ersonnel" means those job titles and the persons assigned to those positions in accordance with the provisions of t his Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.
7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City.
Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to con test such required disclosure.
9. Copyright
EXHIBIT 1
605
11 (Rev. 07.12.22)
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement , in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City , and the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement. Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
12. Prevailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California Department of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.
CONTRACTOR REGISTRATION REQUIREMENTS - Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
No contractor or subcontractor may be listed on a bid proposal for a public works project EXHIBIT 1
606
12 (Rev. 07.12.22)
unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Department of Industrial Relations - Contractor Registration information and web link: https://www.dir.ca.gov/public -works/publicworks.html. In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.
This project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.
EXHIBIT 1
607
1 (Rev, 10.30.18)
EXHIBIT F
TIMELINE
1. Consultant shall complete the requested services identified in Exhibit A as follows:
1.1 TIMELINE FOR COMPLETION OF WORK
1.1.1 (insert deliverable title) (insert duration i.e. 1 week)
1.1.2 (insert deliverable title) (insert duration i.e. 1 day)
1.1.3 (insert deliverable title) (insert duration i.e. 3 weeks) EXHIBIT 1
608
Page | 14
(8/320)
Exhibit G
(Left intentionally blank. Does not apply to this project) EXHIBIT 1
609
EXHIBIT 2
610
1 (Rev. 10.27.22)
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
1.1. Source testing on specific equipment covered under the City’s Title V Permit with the San Joaquin Valley Air Pollution Control District (APCD). This equipment includes:
three (3) digester gas fired Cogener ation Engines on a biennial basis, two (2) bioscrubbers on an annual basis, and
fuel sulfur testing on an annual basis
2. Project Scope
2.1. Source testing is required to be performed using San Joaquin Valley Air Pollution Control District (APCD) appr oved methods and procedures. The APCD is required to be notified 30 days prior to any sour ce test and a source test plan must be submitted for approval at least 15 days prior to the testing. Because the source test results are due to be submitted to the APCD within 60 days after the source test, the results will be required to be submitted to the City within 40 days. Notification and the test plan shall be submitted directly from the Contractor to the APCD with a copy to City staff. However, the City shall be responsible for the submission of the final results.
3. Major Deliverables
3.1. The deliverables for the source test ing of the three (3) digester gas fired Cogeneration Engines are listed below.
Proof of notification of sour ce test scheduling to the APCD. Proof of submittal of source test plan/protocol to the APCD. Copy of the source test plan/protocol.
A technical report (one (1) hard copy and one (1) electronic copy) shall be submitted to the City within 40 days of completion of the field sampling. This technical report will include, but not be limited to, the test program descriptions, tables presenting concentrations and emission rates for all parameters sampled, permit limits for each parameter, and all supporting docum entation (Field data sheets, chain of custody, calculation sheets, calibration records, etc.).
3.2. The deliverables for the source te sting of the two (2) Bioscrubbers and fuel sulfur testing are listed below.
Proof of notification of sour ce test scheduling to the APCD. Proof of submittal of source test plan/protocol to the APCD. Copy of the source test plan/protocol.
• A technical report (one (1) hard copy and one (1) electronic copy) shall be submitted to City within 30 days of completion of the field sampling. This technical report shall include, but not be limited to, the test program descriptions, tables presenting EXHIBIT 2
611
2 (Rev. 10.27.22)
concentrations and emission rates for all par ameters sampled, permit limits for each parameter, and all suppor ting documentation (Field data sheets, chain of custody, calculation sheets, calibration records, etc.).
4. Tasks That Support the Deliverables
4.1. (In detail, describe the Tasks that support the deliverables and which party will complete them.)
5. Internal and External Standards and Guidelines
5.1. Contractor must be an approved i ndependent contractor by the State of California Air Resource Board (CARB).
5.2. Source testing is required to be performed using APCD approved methods and procedures.
6. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: Best Environmental City: City of Stockton
Attn: Bobby Asfour Attn: City Manager
339 Stealth Court 425 N. El Dorado Street
Livermore, CA 94551 Stockton, CA 95202
7. Option to Renew.
The term of the Agreement may be ext ended up to one (1) five-year term by a written amendment executed by both parti es. However, the total term of the Agreement including the extended term shall not exceed 10 years.
EXHIBIT 2
612
1 (Rev. 10.27.22)
Exhibit B:
Insurance Requirements
(Source Testing Services)
Consultant shall procure and maintain for the duration of the contra ct insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performan ce of the work hereunder by the Consultant, its agents, representatives, or employees.
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 “occurren ce” 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 aggregat e limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Fo rm Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by th e 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.
(Not required if consultant provides written verification it has no employees)
4. Professional Liability/Errors and Omission
s Insurance appropriates to the
Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.
If the Consultant 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:
EXHIBIT 2
613
2 (Rev. 10.27.22)
Additional Insured Status
The City of Stockton, its offi cers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability ar ising out of work or operations performed by or on behalf of the Contractor in cluding materials, parts, or equipment furnished in connect ion with such work or operations. General liability coverage can be provided in the form of an endorsement to the Co ntractor’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 volunt eers.” 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 main tained 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 an y Excess or Umbrella liability policies. The City of Stockton does not ac cept 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 sh all 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 provide d 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 a pply 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 righ t to subrogation which any insurer of said Contractor may acquire agai nst 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 aff ect this waiver of subrogation, but this provision applies EXHIBIT 2
614
3 (Rev. 10.27.22)
regardless of whether or not th e City of Stockton has recei ved a waiver of subrogation endorsement from the insurer.
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, incl uding 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 su bcontractor 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) pr ovision that limits the satisfaction of the SIR to the Named. The policy must also provide that De fense costs, including the Allocated Loss Adjustment Expenses, will satisf y 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.
Claims Made Policies
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be main tained and evidence of in surance must be provided for at
least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certifi cates 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 EXHIBIT 2
615
4 (Rev. 10.27.22)
and any Excess policies listi ng 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 Stoc kton reserves the right to require complete, certified copies of all requir ed insurance policies, includin g endorsements required by these specifications, at any ti me. 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.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, se rvice, or repair work , shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements, and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3
rd Floor – HR
Stockton, CA 95202
EXHIBIT 2
616
1 ((Rev. 10.30.18; Mod 07.12.22 SG)
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said serv ices at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation . City shall pay Contractor for se rvices rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor’s Work . All Contractor services, work, and deliverables shall be performed in a good and workmanlik e manner with due diligence in accordance with the degree of skill normally exercised by similar contractors s upplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work . All reports, work product, all other documents completed or partially completed by Contra ctor or its approved subcontract ors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon co mpletion or termination of the work under
EXHIBIT 2
617
2 ((Rev. 10.30.18; Mod 07.12.22 SG)
this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall r eplace them at its own expense. Contractor and its approved subcontractors shall keep materials confidenti al. Materials shall not be used for purposes other than performance of serv ices under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreem ent for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9.1 In performing the obligations set fort h in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All per sons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City.
Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or pow er vested in the City. No agent, officer or employee of the City is to be considered an employee of t he Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall dete rmine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for t he requirements and results specif ied in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillm ent of this Agreement.
Contractor has control over the manner and m eans of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
EXHIBIT 2
618
3 ((Rev. 10.30.18; Mod 07.12.22 SG)
9.3 If in the performance of this Agreem ent 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 em ployment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and per sons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any thir d persons are employed by Contractor, such persons shall be enti rely and exclusively under the direction, supervision and control of Contractor. A ll terms of employment including hours, wages working conditions, discipline, hiri ng, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notic e in writing to Contractor. The Agreement shall then be deemed terminated, and no further work sha ll be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.
11.2 Should either party default in the perfo rmance of this Agreement or materially breach any of its provisions, t he other party, at that party’ s option, may terminate this Agreement by giving written notification to the other party.
EXHIBIT 2
619
4 ((Rev. 10.30.18; Mod 07.12.22 SG)
11.3 Funding- Non-Appropriation. It is mu tually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any pay ment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the opt ion to either (a) cause this Agreement to be canceled or terminated pur suant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability . The Contractor shall not assi gn, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and c onditions as City may set forth in writing.
Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity and Hold Harmless. To the fullest extent pe rmitted by law, Contractor shall hold harmless, defend and indemnify Cit y 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 Contract or’s performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.
14. Insurance . During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices . All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws . Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of servic es under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
EXHIBIT 2
620
5 ((Rev. 10.30.18; Mod 07.12.22 SG)
17. Licenses, Certifications and Permits . Prior to the City’s execution of this Agreement and prior to the Cont ractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like r equired to perform the services under this Agreement. Such licenses, certificates and pe rmits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits . Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3 ) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality . Contractor shall exercise reas onable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial intere st with any official, employee or other representative of the City. Contractor and its pr incipals do not have any financial interest in real property, sources of income or invest ment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.
21. Waiver . In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
22. Governing Law . California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Feder al District Court of California, Eastern District, Sacramento Division.
23. No Personal Liability . No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
EXHIBIT 2
621
6 ((Rev. 10.30.18; Mod 07.12.22 SG)
24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, or dinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the ext ent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, ph ysical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sex ual orientation, fam ily and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all app licable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrim ination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Ri ghts Act of 1964 (P.L. 88-35 2), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d). http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure . Neither party shall be responsib le for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shor tage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
EXHIBIT 2
622
7 ((Rev. 10.30.18; Mod 07.12.22 SG)
29. Advice of Attorney. Each party warrants and represent s that in executing this Agreement, it has received independent legal advice fr om its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement ar e intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Ag reement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
EXHIBIT 2
623
1 (Rev 07.12.22)
EXHIBIT D
GOODS AND SERVICES TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fu lly and to the standard of per formance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible materi al, work or thing delivered by one party to the other, includi ng associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the purchase of goods and services only. The special condit ions shall be read in conjunction with the Standard Agreement, General Terms and Conditi ons (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special C onditions of the Agreement, t hen unless a different intention stated, the provision(s) of t he Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the ext ent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. T he Special Conditions shall relate to a particular project and be peculiar to that proj ect but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services a ccording to the schedule contained in Exhibit F.
3.2 Timeliness of Perform ance i) Contractor shall provide the Services, and Deliverables within the term and within t he time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neit her Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance.
EXHIBIT 2
624
2 (Rev 07.12.22)
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by me mbers of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable feder al, state, and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration, or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with re spect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that requi re the exercise of professional skills or judgment are accomplished by professionals qualified and competent in t he applicable discipline and appropriately licensed, if required by law. Cont ractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a time ly manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply wit h the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance, or payment for any of the Services by the City does not relieve Contractor of its respons ibility for the professional skill and care and technical accuracy of its Serv ices and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.
5. Compensation.
5.1 In addition to Section 3 Compensation in Ex hibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be com pensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compens ation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. Reports and Information.
EXHIBIT 2
625
3 (Rev 07.12.22)
Contractor shall at such times and in su ch forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewit h, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
7. Findings Confidential.
All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreem ent are confidential and the C ontractor agrees that they shall not be made available to any individual or organiza tion without the prior written approval of the City. Contractor shall not be required under the pr ovisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applic able law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonabl y cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
8. Right of Inspection.
All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contra ctor, the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.
9. Warranty.
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conf orm to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or advertised by Contractor or the actual m anufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.
10. Ownership.
EXHIBIT 2
626
4 (Rev 07.12.22)
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement.
Upon delivery and acceptance, Deliverable de livered by Contractor shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable.
All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Contractor, or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said pr operty shall be used only for Deliverables benefiting City. Contract or shall return to City or sha ll dispose of this property only according to City’s instruction.
11. Applicable Laws.
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
12. 12. Prevailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California D epartment of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.
CONTRACTOR REGISTRATION REQUIREMENTS- Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public wo rk pursuant to Section 1725.5 at the time the contract is awarded.
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No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Departm ent of Industrial Re lations- Contractor Registration information and web lin k: https://www.dir.ca.gov/public- works/publicworks.html. In compliance wit h Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registrati on Date and Expiration Date, for every contractor and subcontractor, regardless of tier.
This project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards En forcement Compliance Monitoring Unit, as well as the City of Stockton.
13. Shipping Terms
City shipment terms are F.O.B. Destinat ion, Freight Prepaid and Added unless otherwise specified in the Agreement. Contractor shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Deliverables in the safest and most economical manner necessary to meet the delivery date spec ified in the Agreement.
Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all indivi dual boxes with stock number and quantity and it ems with different stock number s shall be boxed separately.
City reserves the right to refu se, at Contractor’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.
14. Deliveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contract or liable for damages incurred due to the untimely delivery including, but not limited to, the additiona l costs resultant from City procuring substitute Deliverables elsewhere.
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15. Price and Quantities
Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.
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EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for t he services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor sha ll be paid on this Agreement is $201,350.00 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement , including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached. Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
1.3 If work is completed before the “ not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.
2. Task Price. Below is the price for the services as described in Exhibit A of this Agreement.
Task Description Task Price
1 Source Testin g Cogen Engine No. 1 $12,600.00 each test 2 Source Testin g Cogen Engine No. 3 $12,600.00 each test 3 Source Testin g Cogen Engine No. 4 $12,600.00 each test 4 Source Testin g Bioscrubbers No. 1 and 2 $ 4,250.00 each test 5 Fuel Sulfur Anal ysis (Digester Gas) $ 600.00 each test
3. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:
City of Stockton Municipal Utilities Department
Attention: Program Manager III - Wastewater
2500 Navy Drive
Stockton, CA 95206
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EXHIBIT F
TIMELINE
1. Consultant shall complete the request ed services identified in Exhibit A as follows:
TIMELINE FOR COMPLETIO
N OF WORK
Source Testing of Cogeneration Engines
Each engine is required to be source tested every two (2) years while in active status.
City staff w
ill contact the Contractor within sixty days of when source test is due for scheduling and notification. If an engine is put into dormant status, it is source tested within sixty (60) days of returning to active status and then every two years.
Source Testing of Bioscrubbers
The Bioscrubbers are required to be source tested on an annual basis within thirty (+/- 30) days of July 31.
Fuel Sulfur Testing
Fuel sulfur testing is required on an annual basis and will be completed at the same time as the source testing of the Bioscrubbers noted above.
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EXHIBIT G – DISCRIMINATION AND HARASSMENT POLICY (HR-15)
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REQUEST FOR PROPOSALS (RFP) PUR 23-003
SOURCE TESTING FOR THE STOCKTON REGIONAL
WASTEWATER FACILITY
PROPOSALS WILL BE RECEIVED UNTIL THE HOUR OF 2:00 PM, THURSDAY, NOVEMBER 17, 2022 IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA 95202-1997 OCTOBER 6, 2022
Exhibit H – Bid Documents
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i
REQUEST FOR PROPOSALS (RFP)
SOURCE TESTING FOR THE STOCKTON REGIONAL WASTEWATER
FACILITY
*Dates and Times are Subject to Change*
RFP INFORMATION
PUR-23-003
Contact Alexandria De Lashmutt
Email Address [email protected]
Pre-Submittal Meeting Does not apply to this project.
MANDATORY/OPTIONAL
Site Tour
Does not apply to this project.
RFP Submittal
Mailing, Delivery Address
and Electronic Mail
Office of the City Clerk
425 North El Dorado Street, First Floor
Stockton, CA, 95202-1997
[email protected] (if applicable)
Due Date for Questions
and Clarifications
October 20, 2022, 2:00 pm Local Time
Due Date for Response to
Questions/Clarifications
November 3, 2023, By End of Day
RFP Submittal Due Date
& Time
November 17, 2022; 2:00 pm Local Time
Please note that some overnight delivery services
do not deliver directly to the City Clerk's Office. This could result in the proposal arriving in the City
Clerk's Office after the proposal opening deadline
and therefore not being accepted.
Short-List Interviews (if
applicable)
TBD
Bid Security & Bonds Bid Security Bonds Labor Compliance DIR Registration Contractor’s License
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ii
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that sealed p roposals will be received no later than Thursday, November 17, 2022 at 2:00 pm (local time) by the City of Stockton, California for SOURCE TESTING FOR THE STOCKTON REGIONAL WASTEWATER FACILITY – PUR 2 3-003 in strict accordance with the specifications.
The City of Stockton, herein after referred to as the “City”, is requesting proposals from firms or individuals, herein after referred to as “Proponent” to provide source testing for specific equipment covered under the City’s Title V Permit with the San Joaquin Valley Air Pollution Control District (APCD) for the City. The City is seeking source testing for three (3) digester gas fired Cogeneration Engines on a biennial basis, two (2) bioscrubbers on an annual basis, and fuel sulfur testing on an annual basis.
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.
Proposal forms and specifications are available on the City’s website at www.stocktonca.gov/mudbid.
Sealed proposals must be delivered to the Office of the City Clerk, City Hall, 425 North El Dorado Street, Stockton, CA 95202 unless electronic mail delivery to [email protected] is applicable. Proponents 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 received and re-advertise.
For questions about this project, please contact Alexandria De Lashmutt at [email protected] or (209) 937-8357.
ELIZA GARZA, CMC, CITY CLERK
CITY OF STOCKTON
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iii
Contents
1.0 BACKGROUND/SUMMARY ................................................................................................................ 1
2.0 SCOPE OF WORK ............................................................................................................................... 1
3.0 PROJECT SCHEDULE OF EVENTS ........................................................................................................ 4
4.0 SUBMITTAL REQUIREMENTS ............................................................................................................. 4
4.1 PROPOSAL GUIDELINES, CONTENT AND FORMAT ........................................................................ 4
4.2 COVER LETTER ............................................................................................................................... 5
4.3 REFERENCES .................................................................................................................................. 5
4.4 FINANCIAL STATEMENT ................................................................................................................ 5
4.5 CORPORATE STRUCTURE, ORGANIZATION ................................................................................... 6
4.6 PROPOSAL FEE .............................................................................................................................. 6
5.0 SELECTION CRITERIA & EVALUATION................................................................................................ 6
6.0 CITY REQUIREMENTS ........................................................................................................................ 7
6.1 CITY RESPONSIBILITIES .................................................................................................................. 7
6.2 LOCAL BUSINESS PREFERENCE ...................................................................................................... 7
6.3 MANDATORY/OPTIONAL PRE-SUBMITTAL MEETING ................................................................... 7
6.4 TERM ............................................................................................................................................. 7
6.5 OTHER GOVERNMENT AGENCIES ................................................................................................. 7
6.6 INSURANCE REQUIREMENTS ........................................................................................................ 7
6.7 APPLICABLE LAW ........................................................................................................................... 8
6.8 METHOD OF PAYMENT ................................................................................................................. 8
6.9 NOTICE TO OUT OF STATE BUSINESS ............................................................................................ 8
6.10 CONFIDENTIALITY.......................................................................................................................... 8
6.11 PROTEST POLICY ............................................................................................................................ 9
6.11.A Protest Procedure ................................................................................................................. 9
6.11.B Protest Review ...................................................................................................................... 9
7.0 GENERAL REQUIREMENTS, TERMS & CONDITIONS ........................................................................ 10
7.1 CONSEQUENCE OF PROPOSAL SUBMISSION .............................................................................. 10
7.2 ACCEPTANCE OR REJECTION OF PROPOSAL ............................................................................... 10
7.3 RIGHT TO CHANGE OR AMEND REQUEST ................................................................................... 11
7.4 CANCELLATION ............................................................................................................................ 11
7.5 EXAMINATION OF PROPOSAL MATERIALS .................................................................................. 11
7.6 ADDENDA AND INTERPRETATION ............................................................................................... 12 EXHIBIT 2
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7.7 DISQUALIFICATION...................................................................................................................... 12
7.8 CONDITIONS IF WORK IS SUBCONTRACTED ............................................................................... 12
7.9 LICENSING REQUIREMENTS ........................................................................................................ 13
7.10 PREVAILING WAGES & CONTRACTOR/SUBCONTRACTOR REGISTRATION REQUIREMENTS ....... 13
7.11 INDEMNITY AND HOLD HARMLESS ............................................................................................. 14
7.12 COMPETITIVE PRICING ................................................................................................................ 14
7.13 AVAILABLE FUNDING .................................................................................................................. 14
7.14 TERMINATION FOR CONVENIENCE ............................................................................................. 14
7.15 AUDITING CHARGES AND SERVICES ............................................................................................ 14
7.16 CHANGES ..................................................................................................................................... 14
7.17 AWARD ........................................................................................................................................ 14
8.0 PROPOSAL DOCUMENTS ................................................................................................................ 8-1 ATTACHMENT A – PROJECT SUBMITTAL CHECKLIST ............................................................................. 8-2 ATTACHMENT B- PROPONENT’S COVENANT ......................................................................................... 8-3 ATTACHMENT C - NON-COLLUSION AFFIDAVIT ..................................................................................... 8-4
9.0 PROPOSAL EXHIBITS ....................................................................................................................... 9-1
9.1 Exhibit 1 – Proposal Fee Schedule Form .................................................................................... 9-1
9.2 Exhibit 2 – Insurance Limits ....................................................................................................... 9-1
9.3 Exhibit 3 – Sample Contract ....................................................................................................... 9-1
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1 1.0 BACKGROUND/SUMMARY
The City of Stockton (City) is a Charter City incorporated in 1850 and located in California’s San Joaquin Valley. The City is the county seat of San Joaquin County and is 78 miles east of the San Francisco Bay Area, 337 miles north of Los Angeles and 40 miles south of Sacramento. The County is bound by Sacramento County to the north and Stanislaus County to the south. Approximately 310,000 residents live in Stockton.
The City of Stockton Municipal Utilities Department (MUD) manages, operates, and maintains three (3) utility enterprises: Water, Wastewater, and Stormwater. The Wastewater Enterprise is the subject of this Request for Proposals (RFP).
The Wastewater En terprise generally includes the wastewater collection system and the treatment and disposal facilities located at the Stockton Regional Wastewater Control Facility (RWCF). The RWCF is permitted to collect, treat, and discharge up to 55 million gallons per day (MGD) of wastewater.
The RWCF, located at 2500 Navy Drive, is a tertiary treatment plant that operates and discharges under the National Pollutant Discharge Elimination System (NPDES) Permit Order R5-2020-0007.
2.0 SCOPE OF WORK
The City is seeking a qualified firm with the experience, expertise, and qualifications to perform source testing on specific equipment covered under the City’s Title V Permit with the San Joaquin Valley Air Pollution Control District (APCD). This equipment includes three (3) digester gas fired Cogeneration Engines on a biennial basis, two (2) bioscrubbers on an annual basis, and fuel sulfur testing on an annual basis as outlined below in more detail.
Proponents must be an approved independent contractor by the State of California Air Resource Board (CARB). Proposal s should include details on experience, expertise, and describe Proponents’ plan to compete the following tasks and deliverables.
2.1 Task1: Cogeneration Engine Source Testing
The City operates three (3) 1,408 horsepower, Waukesha L7042GLD digester gas/natural gas - fired lean burn pre-combustion chamber type internal combustion (IC) engines. While in active status, they are required to be source tested every 24 months. Below are the permit numbers and current source testing schedules. All source tests are due to be scheduled within 30 days before or after the due dates shown. The City will provide any relevant operating and processing data (e.g., fuel usage, unit bhp, etc.).
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2 Source testing is required to be performed using APCD approved methods and procedures. The APCD is required to be notified 30 days prior to any source test and a source test plan must be submitted for approval at least 15 days prior to the testing. Because the source test results are due to be submitted to the APCD within 60 days after the source test, the results will be required to be submitted to the City within 40 days. Notification and the test plan shall be submitted directly from the Contractor to the APCD with a c opy to City staff. However, the City shall be responsible for the submission of the final results.
Below are the current requirements for running the source tests. It shall be the responsibility of the Contractor to ensure that tests are run in accordance with the most recently updated regulations.
• Thre
e (3) 30-minu
te test runs (plus response time) will be performed on each engine for NOx, CO, CO2 & O2 using EPA Methods 7E, 10, & 3A while running at normal operating conditions.
• Thre
e (3) 30 -minut
e t est runs will be performed on each engine for VOC using EPA Method 18.
• Thre
e (3) 60-minu
te test runs will be performed on each engine for SO2 using EPA Method 8 while running at normal operating conditions.
• Thre
e (3) 60 -minu
te test runs will be performed on each engine for total particulate matter (PM) using CARB Method 5 with CARB Method 5 back half analysis while running at normal operating conditions. PM testing will be performed while the engine is fired on digester gas only.
• All relev
ant obtainable process data will be provided by plant personnel (e.g., fuel usage, unit brake horsepower (BHP), etc.).
• EPA
Methods 1-4 sha
ll be used to determine the outlet flow rate for determining emission rates and factors.
• Inc
lude a test program description and tables presenting concentrations (ppm @15% O2), emission factors (gm/Bhp-hr) an
d emission rates (lbs/hr) for all relevant compliance test Engine No. Title V Permit No. Engine Description Source Test Due Co-gen 1 N-811-21-12 1,408 HP Waukesha Model
L7042GLD
9/11/2023
Co-gen 3 N-811-22-12 1,408 HP Waukesha Model
L7042GLD
5/12/2024
Co-gen 4 N-811-23-11 1,408 HP Waukesha Model
L7042GLD
3/26/2024
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3 parameters. All supporting documentation (strip charts, field data sheets, calibrations, calculations, etc.) will be included in the appendix of the final report.
2.1.1 Task 1 Deliverables
• Proof of notification of source test scheduling to the APCD. • Proof of submittal of source test plan/protocol to the APCD. • Copy of the source test plan/protocol.
• A technical report (one (1) hard copy and one (1) electronic copy) shall be submitted to the City within 40 days of completion of the field sampling. This technical report will include, but not be limited to, the test program descriptions, tables presenting concentrations and emission rates for all parameters sampled, permit limits for each parameter, and all supporting documentation (Field data sheets, chain of custody, calculation sheets, calibration records, etc.).
2.2 Task 2: Bioscrubbers Source Testing & Fuel Sulfur Testing The City operates two (2) custom Harrington Environmental Engineering Bioscrubbers (55,000 CFM combined rating). These bioscrubbers are required to be source tested annually for Ammonia (NH3) emissions from each of the outlets. Below are the current requ irements for running the source tests. It shall be the responsibility of the Contractor to ensure that tests are run in accordance with the most recently updated regulations.
Below is the permit number and current source testing schedule. All source te sts are due to be scheduled within 30 days before or after the due dates shown. The City will provide any relevant operating and processing data.
• Temporary stacks are to be installed and removed following testing by Contractor • Moisture, volumetric flow rate, and molecular weight are to be determined using EPA/CARB Methods 1, 2, 3 and 4 in conjunction with the testing. • Triplicate 30 -minute test runs shall be performed for Ammonia (NH3) at each outlet simultaneously using BAAQMD Method ST-1B at normal operating conditions. • A single sample of the digester biogas will be collected and sent to a laboratory for Sulfur analysis using EPA Method 15.
Name Title V Permit No. Engine Description Source Test Due Bioscrubber
No. 1 & 2
N-811-26-4 Custom Harrington
Environmental Engineering
Bioscrubbers (55,000 CFM
combined rating)
7/31/2023
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4 2.2.1 Task 2 Deliverables
• Proof of notification of source test scheduling to the APCD. • Proof of submittal of source test plan/protocol to the APCD. • Copy of the source test plan/protocol.
• A technical report (one (1) hard copy and one (1) electronic copy) shall be submitted to City within 30 days of completion of the field sampling. This technical report shall include, but not be limited to, the test program descriptions, tables presenting concentrations and emission rates for all parameters sampled, permit limits for each parameter, and all supporting documentation (Field data sheets, chain of cus tody, calculation sheets, calibration records, etc.).
3.0 PROJECT SCHEDULE OF EVENTS
The dates indicated on page i of this RFP are the anticipated milestones for this project. All dates are subject to change.
4.0 SUBMITTAL REQUIREMENTS
4.1 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:
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 P roponent’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) electronic version of the proposal. Electronic version can be submitted via USB or emailed to
[email protected]. 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 P roponent 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.
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5 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.
4.2 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, an d 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.
4.3 REFERENCES
Provide a list of references with current cont act person, e-mail address and phone number who may be contacted regarding firm performance.
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
4.4 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 P roponent’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.
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6 4.5 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.
4.6 PROPOSAL FEE
Submit the proposal fee under sealed, separate envelope. Do not include with the technical proposal response. Proponent must use detailed basic fee structure in Exhibit 1 Proposal Fee Schedule Form and may break-down any other charges related to your firm’s proposal as specified in your response. Finalist’s fee structure may be subject to negotiation.
5.0 SELECTION CRITERIA & EVALUATION
The City is interested in selecting a qualified firm with the ability to provide source testing for specific equipment covered under the City’s Title V Permit with the San Joaquin Valley Air Pollution Control District (APCD) for the City. A key component for the successful firm will be the ability to meet the performance desires of the City while minimizing the cost.
The 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 make an oral presentation. During these presentations, the Proponent 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.
Each 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 staff, experience of c ompany, demonstrated knowledge of best practices for identified scope , financial business strength and fee schedule proposal.
Proper format and demonstrated experience will merit consideration.
To that end, the Panel will evaluate the proposals based on, but not limited to, the following criteria:
1. Proponent’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 Schedule - 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.
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7 6.0 CITY REQUIREMENTS
6.1 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.
6.2 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)
6.3 MANDATORY/OPTIONAL PRE-SUBMITTAL MEETING
There is no pre-submittal meeting for this project.
6.4 TERM
The City intends to enter a five (5) year contract with a one (1) time option to renew for an additional five (5) years.
6.5 OTHER GOVERNMENT AGENCIES
If mu tually 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 the successful Proponent, holding the City of Stockton harmless.
6.6 INSURANCE REQUIREMENTS
Proponent, at Proponent’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, endorse ments, and certificates shall be subject to approval by the Risk Manager of the City to Stockton as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager.
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8 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 requirements 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.
6.7 APPLICABLE LAW
Applicable law shall be governed by the laws of the State of California. Venue shall be proper in the Superior Court o f 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.
6.8 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.
6.9 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 City 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.
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.
6.10 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 P roponent must submit in EXHIBIT 2
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9 writing specific detailed reasons, including any relevant legal authority, stating why the Proponent 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 P roponent 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.
6.11 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.
6.11.A Protest Procedure
6.11.1 All protests must be in writing and stated as a formal protest.
6.11.2 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.
6.11.3 The protest must contain a complete statement of the basis for the protest and must include all relevant supporting documentation.
6.11.4 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.
6.11.5 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.
6.11.6 Deliveries of the protest by hand, mail, email or fax are acceptable.
6.11.7 The City is not responsible for lost or misplaced protests, or to assure the protest is received within the protest deadlines
6.11.8 The party challenging the award decision to bear the burden of proof of material error to justify invalidation of the proposed award.
6.11.B Protest Review
6.11.1 The Chief Financial Officer or designee shall respond in writing at least generally to each material issue raised in the protest.
6.11.2 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.
6.11.3 The City Manager shall review and decide the appeal based on the grounds and documentation set forth in the original protest to the Chief Financial Officer, or designee.
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10 6.11.4 Each party shall bear its own costs and expenses involved in the protest and appeal process, including any subsequent litigation.
6.11.5 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.
6.11.6 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).
6.11.7 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.
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.
A copy of this policy can be requested from the procurement specialist by emailing [email protected].
7.0 GENERAL REQUIREMENTS, TERMS & CONDITIONS
7.1 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.
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.
7.2 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.
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11 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 thereof, 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.
7.3 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/mudbid. Failure of any Proponent to not have r eceived such information and/or clarifications/questions/answers shall not relieve such Proponent from any obligation under his/her proposal as submitted.
Any exceptions to this Proposal shall be clearly stated in writing.
7.4 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 P roponent assumes the sole risk and responsibility for all expenses connected with the preparation of its proposal.
7.5 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 P roponent 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.
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12 7.6 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: ALEXANDRIA DE LASHMUTT
PROCUREMENT DIVISION
400 E MAIN, 3RD FLOOR
STOCKTON, CA 95202
[email protected]
Such 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/mudbid the date identified on page i of this Solicitation and will become a part of the Solicitation. The Proponent should await responses to inquiries prior to submitting a proposal.
7.7 DISQUALIFICATION
a. Any of the following may be considered cause to disqualify a P roponent 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 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 P roponent 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.
7.8 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.
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13 7.9 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 shall be required for this project. Please contact the City of Stockton Business License Division at (209) 937-8313.
7.10 PREVAILING WAGES & CONTRACTOR/SUBCONTRACTOR REGISTRATION
REQUIREMENTS
Prevailing wage rates may be required for this project according to State and Federal Labor laws.
Prevailing wage rates can be found by logging on to
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.
Department of Industrial Relations - Contractor Registration information and web link:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.
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14 7.11 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.
7.12 COMPETITIVE PRICING
Proponent warrant s 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 Proponent to provide product under more favorable charges, economic or product terms or warranties, P roponent shall immediately notify City of s uch change and this Contract shall be deemed amended to incorporate the most favorable charges, economic or product terms or warranties.
7.13 AVAILABLE 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 will terminate without penalty, at the end of the term for which funds are appropriated.
7.14 TERMINATION FOR CONVENIENCE
The City may terminate the resultant Agreement for convenience at any time by mailing a notice in writing to the Contractor.
7.15 AUDITING CHARGES 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 P roponent agrees to furnish the City with necessary information and assistance.
7.16 CHANGES
The City’s Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the P roponent or as recommended by the Proponent’s project manager, pursuant to the adopted City of Stockton Standard Specifications.
7.17 AWARD
Upon conclusion of the RFP process, a contract may be awarded for source testing services for specific equipment covered under the City’s Title V Permit with the San Joaquin Valley Air EXHIBIT 2
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15 Pollution Control District (APCD) for the City. T he City reserves the right to select the successful Proponent and to negotiate terms of a contract with the P roponent 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.
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8 PROPOSAL DOCUMENTS
SOURCE TESTING FOR THE STOCKTON REGIONAL WASTEWATER FACILITY PUR-23-003
SUBMITTAL DUE: THURSDAY, NOVEMBER 17, 2022 AT 2:00 PM
RFP Submittal
Mailing, Delivery Address
and Electronic Mail
Office of the City Clerk
425 North El Dorado Street, First Floor
Stockton, CA, 95202-1997
[email protected] (if applicable)
Proponent Business Name
Proponent Contact Name
Proponent Address
Proponent Phone Number
Proponent Email Address
Department of Industrial
Relations ID Number (if
applicable)
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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 Exhibit 1 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 signatoree.
Include your proposal, as outlined in these specifications. Submit one (1) ORIGINAL (unbound, no staples) and FOUR (4) COPIES of all proposal documents.
Additionally, submit one (1) USB with an electronic version of the proposal or electronically send to [email protected].
Review all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid.
Use Section 8.0 Proposal Documents to deliver sealed proposal timely to City Hall, City Clerk's Office (1st floor), 425 North El Dorado Street, Stockton, CA 95202, 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.
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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/mudbid.
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
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ATTACHMENT C - NON-COLLUSION AFFIDAVIT
No. 1 AFFIDAVIT FOR INDIVIDUAL PROPONENT
STATE OF ____________, ) ss.
County of )
(insert)
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 )
(insert)
being first 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)
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 ________________________
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No. 3 AFFIDAVIT FOR FIRM, ASSOCIATION, OR CO-PARTNERSHIP STATE OF _____________, )ss.
County of )
(insert)
, 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
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9.0 PROPOSAL EXHIBITS
Exhibits can be found on the City’s Bid Flash website:
http://www.stocktonca.gov/services/business/bidflash/default.html
9.1 Exhibit 1 – Proposal Fee Schedule Form
9.2 Exhibit 2 – Insurance Requirements
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 source testing.
9.3 Exhibit 3 – Sample Contract
Any major provision changes to the sample contract should be submitted by the Proponent along with the proposal response.
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City of Stockton
Legislation Text
File #: 23-0255, Version: 1
APPROVE MOTION TO ADOPT STANDARD AGREEMENT AMENDMENT BETWEEN ALL
CREATURES VETERINARY CLINIC AND THE CITY OF STOCKTON IN THE AMOUNT OF $90,000
RECOMMENDATION
It is recommended that City Council approve a motion to:
1. Authorize the City Manager to approve the Standard Agreement Amendment No. 2 between All Creatures Veterinary Clinic (All Creatures) and the City of Stockton, increasing the Compensation subsection by a maximum not to exceed amount of $90,000.
2. It is further recommended that the City Manager be authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
Summary
The Stockton Animal Shelter (the Shelter) does not operate on a 24-hour basis, requiring provision for alternate arrangements for the care of injured animals. By contracting with after-hours and veterinary hospitals, the City better manages its obligations to provide emergency after-hours care and respond to sick or injured animals when staff at the Shelter are unavailable. For the last few years, the Shelter has contracted with service providers using a tiered veterinary care service schedule and associated fee structure. Council approved two contracts with Family Pet Hospital and All Creatures, Resolution 2018-10-16-1107.
DISCUSSION
Background
Prior to 2016, the Shelter lacked the ability to control veterinary charges because there was no set standard of care and pricing. In 2016, Shelter staff designed a tiered veterinary care service schedule and associated fee structure. Two veterinarian businesses responded to the City’s request to provide emergency, and after-hours care and contracts were established for a three-year term. With the set fee structure and services to be provided, expenditures were easier to predict and control.
The Stockton Police Department (SPD) receives calls of stray, sick, and injured animals after hours.
Since law enforcement officers are required by law to respond to sick and injured animals, there could be a significant impact to their calls-for-service, which also results in lengthy wait times for citizens standing by with the sick or injured animals, without the ability to transport the animal to an after-hours emergency clinic.
City of Stockton Printed on 3/29/2023Page 1 of 2
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File #: 23-0255, Version: 1
Present Situation
To ensure that the Shelter can send sick and injured animals to off-site veterinarians for monitoring after-hours, the Shelter has adopted a three-tiered care structure for outside services with Family Pet Hospital and All Creatures, Resolution 2018-10-16-1107. All Creatures was originally approved for a three-year agreement with a maximum not to exceed amount of $240,000 and an option to extend for an additional two years. In 2021, the contract extension of two additional years was approved along with increased funding not to exceed $85,800, making the total maximum not to exceed amount for the entire contract $325,800. With the lack of services provided, the contract with Family Pet Hospital was closed. This termination resulted in a higher intake of animals for All Creatures, so additional funding is being requested for the remainder of the contract. Staff seeks approval of additional funding in an amount not to exceed $90,000, so that the total maximum not to exceed amount for the entire contract would now be $415,800.
It is important not to have a lapse in after-hours veterinary services. Without providing adequate medical care, the vast improvements made to the Shelter’s Live Release Rate over the years would suffer. The 2022 Live Release Rate finished the year at 86%. The ability to maintain this level of live release is due, in part, to the accessibility of after-hours emergency veterinary care. There is continued public support to increase the Live Release Rate and continually improve humane care and outcomes at the Shelter. However, this support must be balanced with the available funds to operate the Shelter.
FINANCIAL SUMMARY
The proposed cost of this amendment is not to exceed the amount of $90,000. Funding is included in the FY 2022-23 Police Department Animal Services Account.
Attachment A - All Creatures Standard Agreement Amendment 2 City of Stockton Printed on 3/29/2023Page 2 of 2
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1 (Rev. 10.27.22)
CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT
Th
is Amendment Number ___2______ to the above referenced Agreement is entered into on ______________:
between the City of Stockton (“City”) and All Creatures Veterinary Emergency Clinic “Contractor”.
RECITALS
Section 4 Compensation, states In no way, shall the total compensation for services to the Contractor and reimbursement for costs exceed $325,800; and
Section 6 Changes, states any changes and related f ees shall be mutually agreed upon between the parties and subject to a written amendment to the Agreement; and Exhibit C Fee Schedule, Paragraph 1, states the contractor will not invoice the City in excess of $325,800 during the contract term; and
The City needs to increase the Compensation, Not to Exceed amount in Section 4 Compensation of the Professional Services Agreement and Exhibit C Fee Schedule, Paragraph 1, by $90,000 to pay for the Contractor for After-Hours Veterinary Hospital and/or Emergency Care.
Now therefore, the City and the Contractor mutually agree as follows:
1.The maximum not to exceed amount to be paid to the Contractor, including if authorized, reimbursement of expenses, in Section 4 Compensation of the Professional Services Agreement and Exhibit C Fee Schedule, Paragraph 1, will now read as follows:
1.1 “The payments shall be made monthly upon receipt and approval of CONTRACTOR's invoice. In no way, shall the total compensation for services to t he CONTRACTOR and reimbursement for costs exceed $415,800 over the term of this Agreement, Exhibit C.”
1.2 “All Creatures Veterinary Emergency Clinic will not invoice the City in ex cess of $415,800 during the contract term and shall abide by the bundle prices as listed in Exhibit A of this Agreement.” Initial Term the maximum not to exceed amount is $325,800 Increase the maximum not to exceed amount is $90,000
Total maximum compensation to be paid to the Contractor under this Agreement for $415,800 All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
____All Creatures Veterinary Emergency Clinic_______________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
_____________________________________________________________________________________________ Authorized Signature Date
_____________________________________________________________________________________________ Printed Name and Title of Person Signing
__7707 West Lane Ste. A, Stockton CA 95210________________________________________________________ Address
Agreement Number: Amendment
Number:
2018-10-16-1107-01 NP 2
ATTACHMENT A
675
2 (Rev. 10.27.22)
CITY OF STOCKTON
_____________________________________________________________________________________________ Harry Black, City Manager Date
ATTEST:
_____________________________________________________________________________________________ Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
B Y :
ATTACHMENT A
676
Vendor: Date: 02/03/22
Dept: Contract/PO Number: 419000367
Account # Requestor:
$240,000.00
12/04/18
12/04/21
$415,800.00
$175,800.00
Effective Date: Dec 2, 2021 Available CCO Funding:
CM Authority: $ 100,000 12/04/23
DM W D CM CC
Last Council Action
Total approved CCOs since last Council Action
$240,000.00 $124,000.00
1 Contract extended to 12/04/23 $85,800.00 24 Y $325,800.00 $38,200.00 2 Increase in Funding $90,000.00 Y $415,800.00 ($51,800.00) Total CCO Amount and Time Extension To‐Date ‐‐‐‐‐> $175,800.00 24 ENTRIES IN BOLD RED INDICATE
YOUR BALANCE OF CM AUTHORITY CCO AMOUNT IS EXCEEDED.
YOU MUST GO TO COUNCIL FOR APPROVAL.
3513‐000‐630006‐100‐000‐20‐35‐000‐000‐
PREVIOUSLY APPROVED CCOs
NEW PROPOSED CCOs
Contract Expiration to date:
Contract Amount to date:
Time Extensions
CHANGE ORDER CALCULATOR
Description
Required
Approval by: Date CC Approved
(mm/dd/yy)
Revised
CCO Authority BalanceCCO No.
Requested
CCO Amount
Revised
Contract Amount
Original Contract Amount:
Original Contract Award Date:
Original Contract Expiration Date:
Authorized CCO Amount to date:
Police Department
All Creatures Veterinary Emergency Clinic
ATTACHMENT A
677
City of Stockton
Legislation Text
File #: 23-0091, Version: 1
APPROVE MOTION TO AUTHORIZE THE SUBMITTAL OF DR. MARTIN LUTHER KING JR.
BOULEVARD RAIL AND ROADWAY RECONSTRUCTION PROJECT TO THE SAN JOAQUIN COUNCIL OF GOVERNMENTS FOR “ONE VOICE” PROJECT PRIORITY FOR FEDERAL FISCAL YEAR 2023-2024
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the submittal of Dr. Martin Luther King Jr. Boulevard Rail and Roadway Reconstruction project to the San Joaquin Council of Governments for proposed federal funding as part of the annual “One Voice” trip to Washington, D.C.
2. Authorize associated agreements and undertake actions to accept and receive the funding in the event that the funding request is successful, including any future amendments.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
The San Joaquin Council of Governments (SJCOG) coordinates an annual process known as “One Voice” to develop and present unified regional funding requests and legislative priorities to the federal government. SJCOG has requested member agencies to submit project proposals. Staff has reviewed projects in the Council adopted Five-Year Capital Improvement Plan (CIP), SJCOG Regional Transportation Plan, and other regionally significant projects. “One Voice” project recommendations typically involve larger-scale transportation projects involving major arterials, portions of freeway systems through Stockton, or a project of significant benefit to the City or citizenry.
Staff has identified the Dr. Martin Luther King Jr. Boulevard Rail and Roadway Reconstruction project as the 2023 “One Voice” project. This project will reconstruct the existing underpass structure and roadway to current geometric and accessibility standards. The project is being jointly sponsored by the San Joaquin Regional Rail Commission (SJRRC) as this project expands and supports SJRRC’s Stockton Diamond Grade Separation project. The “One Voice” submittal is requesting $6,000,000 to complete design and environmental clearance for the project.
Staff recommends Council authorize submittal of the Dr. Martin Luther King Jr. Boulevard Rail and Roadway Reconstruction project in the amount of $6,000,000 as the 2023 “One Voice” project for Stockton.
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File #: 23-0091, Version: 1
DISCUSSION
Background
Since 2000, SJCOG has coordinated an annual process known as “One Voice” to develop and present unified regional funding requests and legislative priorities to the federal government.
Typically, a delegation of policymakers, government officials, and business leaders from San Joaquin County present a targeted list of regional priorities to Congressional representatives and high-level agency staff in Washington, D.C., demonstrating cooperation among local agencies to secure federal funding. SJCOG has organized and planned a trip to present our region’s priorities for the week of May 6-11, 2023.
“One Voice” project recommendations are typically comprised of larger-scale transportation projects involving major arterials, portions of freeway systems through Stockton, or a project of significant benefit to the City or citizenry. Past City “One Voice” submittals have been: Miracle Mile (Pacific Avenue), Sperry Road Extension, French Camp and I-5 Interchange, Airport Way and Weber Avenue Beautification, Arch Road Widening, and North Stockton I-5 Widening.
SJCOG requires agencies to align their “One Voice” project proposals with one or more of the following thematic concepts:
· Environmental Sustainability
- projects whose core features improve air quality, reduce vehicle miles traveled, and are responsive to climate change/resiliency goals. · Trade Corridors - projects that foster goods movement, commerce, or enhance/eliminate barriers to trade.
· Innovation and Technology - strategies/projects that capture cutting-edge technology investments.
· Growth Management - projects which strengthen connections to housing and have strong, direct connectivity to economic development.
· Social Equity and Mobility - investments that provide options for disadvantaged communities.
In past years, Stockton has put forward up to three projects. However, this year, SJCOG is requesting only one regionally significant project per agency as they want to focus on each agency’s top priority project. Staff has reviewed significant projects in the Council adopted Five-Year CIP, SJCOG Regional Transportation Plan, and other regionally significant projects to determine the City’s priority “One Voice” project. Staff has identified the Dr. Martin Luther King Jr. Boulevard Rail and Roadway Reconstruction project as a key priority project for the City.
Present Situation
Staff is recommending that the Dr. Martin Luther King Jr. Boulevard Rail and Roadway Reconstruction project be submitted as the City’s priority “One Voice” project. The project will reconstruct the existing Dr. Martin Luther King Boulevard underpass to provide:
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File #: 23-0091, Version: 1
· An updated structure to current geometric and accessibility standards · Better access for pedestrians and bicycles
· Better usability for vehicles and trucks
· Improved lighting and aesthetics of the structure overall · Upgraded drainage and pumpstation infrastructure
· Better movement of goods and services along the corridor · Improved greenhouse gas emissions
In addition, the “One Voice” project closely integrates with and expands on improvements that will be completed with SJRRC’s Stockton Diamond Grade Separation project. The proposed project also supports the City’s overall vision outlined in various plans, including the General Plan, Climate Action Plan, Bicycle Master Plan, and Pedestrian Safety Plan.
The City’s 2023 “One Voice” project is being jointly sponsored by the SJRRC as it supports their Stockton Diamond Grade Separation project. The Dr. Martin Luther King Jr. Boulevard Rail and Roadway Reconstruction, or City 2023 “One Voice” project, request is for $6,000,000 to complete design, environmental, and right-of-way acquisition, including the preparation of environmental documents and right-of-way acquisition.
FINANCIAL SUMMARY
No immediate financial impacts are associated with submitting the “One Voice” request. Should any federal funding be granted as a result of the “One Voice” effort, staff will return to Council with further information and recommendations specific to the project. In the long run, the financial impacts will be favorable if the request is successful since the City is already committed to implementing the project.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.
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City of Stockton
Legislation Text
File #: 23-0100, Version: 1
ADOPT RESOLUTION TO AUTHORIZE BALANCING CONTRACT CHANGE ORDER NO. 4, AND
APPROPRIATE FUNDING FOR THE ALEXANDRIA AND FIVE MILE SLOUGH CULVERT
REPLACEMENT PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Appropriate additional funds in the amount of $289,785 from the Measure K Maintenance fund balance to the Alexandria and Five Mile Slough Culvert Replacement, Project No. WT19018.
2. Authorize Balancing Construction Contract Change Order No. 4 in the amount of $289,785 with Sinclair General Engineering Construction, Inc. for the Alexandria and Five Mile Slough Culvert Replacement, Project No. WT19018.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
On April 19, 2022, by Resolution No. 2022-04-19-1212, Council awarded a Construction Contract in the amount of $708,215 to Sinclair General Engineering Construction, Inc. of Oakdale, CA, to complete the Alexandria and Five Mile Slough Culvert Replacement, Project No. WT19018. This project included replacing the existing corrugated metal pipe culvert beneath Alexandria Place and Five Mile Slough (Attachment A - Vicinity Map).
During construction, constructability issues and unforeseen field conditions changed the character of the project. Consequently, Contract Change Order (CCO) No. 1 in the amount of $170,000 was approved to complete the project on a time and materials basis to enable staff to effectively manage field changes and costs. CCO No. 2 in the amount of $470,000 was approved by Council on January 10, 2023, for the additional work needed for excavation, dewatering, culvert headwalls, and the addition of multiple “aquadams”. CCO No. 3 in the amount of $150,000 was approved for additional dewatering of the project area. The final Balancing CCO No. 4 is needed at this time to compensate the contractor for final expenses and close out the contract. Council approval is required for Balancing CCO No. 4, as the cumulative amount exceeds the administrative change order authority allowed under the existing contract.
Staff recommends that Council approve Balancing CCO No. 4 in the amount of $289,785 with Sinclair General Engineering Construction, Inc. (Exhibit 1). The total final contract value will be $1,788,000. Staff also recommends approval of additional funding allocations to fully close out the project. The project is complete and Balancing CCO No. 4 will close out the Construction Contract.
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File #: 23-0100, Version: 1
DISCUSSION
Background
In October 2017, the Public Works Department finalized the Five Mile Slough and Five Mile Creek Project Study Report (PSR), documenting the roles and responsibilities of public agencies and property owners along Five Mile Slough. The PSR addressed concerns raised by stakeholders near the slough, including those of the neighborhood group Friends of Five Mile Slough. Replacement of the culvert beneath Alexandria Place was identified as the City’s responsibility in the PSR. The Alexandria and Five Mile Slough Culvert Replacement, Project No. WT19018 was created by the City and is identified in the 2019-24 Five-Year Capital Improvement Plan.
Design of the Alexandria and Five Mile Slough Culvert Replacement project was completed in November 2021, permits were acquired, and the project was advertised for construction bids.
On April 19, 2022, by Resolution No. 2022-04-19-1212, Council awarded a Construction Contract in the amount of $708,215 to Sinclair General Engineering Construction, Inc. of Oakdale, CA.
The project required the contractor to replace existing pipe culverts under Alexandria Place with a concrete box culvert structure. This section of roadway is situated between two large bodies of water of Five Mile Creek. Consequently, installation of coffer dams on either side of the roadway was required to keep water out of the construction zone. The coffer dams involved installing plastic sheeting and stacking large rock-filled bags in the creek to dam the water out of the construction zone. Maintaining the coffer dams was problematic throughout construction due to the unstable creek bed conditions. The contractor also had to work around an existing AT&T multi-duct bank fiber structure that was not previously identified. The AT&T fiber structure needed to be supported over the excavation, and the drainage culvert structure was redesigned to fit under AT&T’s fiber structure.
The constructability issues and unforeseen field conditions encountered during construction significantly changed the character of the entire project. Consequently, CCO No. 1, in the amount of $170,000, was approved to complete the project on a time and materials basis to enable staff to effectively manage field changes and costs. It was anticipated that other field conditions would necessitate additional change order(s) to complete the project.
CCO No. 2, in the amount of $470,000, was required to pay for the additional excavation, additional dewatering for removal of existing deteriorated culverts, culvert headwall changes, and the addition of multiple “aquadams” to help hold back water from the work zone. Council approved CCO No. 2 on January 10, 2023, by Resolution No. 2023-01-10-1206, as it exceeded the administrative authority for change orders.
CCO No. 3, in the amount of $150,000, was approved to compensate the contractor for additional charges related to keeping the project site dewatered.
Present Situation
Balancing CCO No. 4 is now necessary to compensate the contractor for extra work associated with backfill, compaction, water line re-establishment and testing, asphalt placement, landscaping, City of Stockton Printed on 3/29/2023Page 2 of 3
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File #: 23-0100, Version: 1
striping, and other needed work to complete the project. This is the final Balancing CCO to close out and complete the Construction Contract. Council approval is required for Balancing CCO No. 4, as the cumulative amount exceeds the administrative change order authority allowed under the existing contract.
Staff recommends Council approve Balancing CCO No. 4 in the amount of $289,785 with Sinclair General Engineering Construction, Inc. (Exhibit 1). The total final contract value will be $1,788,000.
Staff also recommends the appropriation of funds to the project to provide for final closeout costs for the project.
FINANCIAL SUMMARY
The resolution includes the following actions to provide sufficient funding to fund all other construction related costs to complete the project.
1. Appropriate additional funds in the amount of $289,785 from the Measure K Maintenance fund balance to the Alexandria and Five Mile Slough Culvert Replacement, Project No. WT19018 (formerly PW1918), Account No. 4510-000-80007-300-000-30-45-000-000.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - Vicinity Map
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VICINITY MAP
NOT TO SCALE
C)CITYLIMIT
CJ COUNTY LIMIT
LEGEND
0CULVERT REPLACEMENT LOCATION
CITY OF STOCKTON
DEPARTMENT OF PUBLIC WORKS
ATTACHMENT A
ALEXANDRIA AND FIVE MILE SLOUGH CULVERT
REPLACEMENT, PROJECT NO. WT 19018
684
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING BALANCING CONTRACT CHANGE ORDER NO. 4 AND
APPROPRIATING FUNDING FOR THE ALEXANDRIA AND FIVE MILE SLOUGH CULVERT REPLACEMENT, PROJECT NO. WT19018
On April 19, 2022, by Resolution No. 2022 -04-19-1212, Council awarded a Construction Contract, in the amount of $708,215 , to Sinclair General Engineering Construction, Inc., of Oakdale, CA, to complete the Alexandria and Five Mile Slough Culvert Replacement, Project No. WT19018 (formerly PW1918); and
Construction Contract Change Order (CCO) No. 1, in the amount of $170,000, was approved by the City Manager under the administrative change order authority al lowed under the original contract; and
Construction CCO No. 2, in the amount of $470,000, was approved by Council on January 10, 2023, by Resolution No. 2023-01-10-1206; and
Construction CCO No. 3, in the amount of $150,000, was approved by the City Manager under the administrative change order authority allowed under the original contract; and
Additional appropriation of funding is needed to fund all other construction related costs to complete the project; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the appropriation of additional funds in the amount of $ 289,785 from the Measure K Maintenance fund balance to the Alexandria and Five Mile Slough Culvert Replacement, Project No. WT19018.
2. The City Council authorizes Balancing Construction CCO No. 4, in the amount of $289,785, with Sinclair General Engineering Construction, Inc., for the Alexandria and Five Mile Slough Culvert Replacement, Project No. WT19018 , a copy of which is attached hereto as Exhibit 1 and incorporated by this reference.
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3. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED April 4, 2023 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
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EXHIBIT 1
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EXHIBIT 1
688
City of Stockton
Legislation Text
File #: 23-0133, Version: 1
APPROVE FINDINGS FOR EMERGENCY CONSTRUCTION FOR THE REPAIRS OF
VANDALIZED STREET LIGHTS CITYWIDE PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Appropriate additional funds in the amount of $517,810.52 from the Measure K Fund balance to the Fiscal Year 2022-23 Measure K Maintenance Fund.
3. Authorize Contract Change Order No. 1 in the amount of $253,235.52 with St. Francis Electric, LLC for the Repairs of Vandalized Street Lights Citywide, Project No. OM-23-055.
4. Approve payment in the amount of $517,810.52 to St. Francis Electric, LLC of San Leandro, CA, for the construction of Repairs of Vandalized Street Lights Citywide, Project No. OM-23- 055.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
Numerous copper streetlight wires were stolen, causing streetlight system outages. There was a critical need to re-energize the streetlights and deter future vandalism and wire theft. With the City Manager's approval, Public Works negotiated a contract with St. Francis Electric, LLC of San Leandro, CA, for the Repairs of Vandalized Street Lights Citywide, Project No. OM-23-055. On November 23, 2022, an emergency Construction Contract was executed for the negotiated amount of $264,575 with St. Francis Electric, LLC (Attachment A).
The contract was processed in accordance with the provisions of Stockton Municipal Code (SMC) section 3.68.070, which provides an exception to the competitive bidding process under certain circumstances, including cases of emergencies. SMC section 3.68.070 requires that a written report, including findings upon which the emergency was based, be provided to the City Council no later than its next regularly scheduled Council meeting. Staff has been preoccupied with emergency storm recovery and repair efforts, delaying ratification of the Construction Contract with St. Francis Electric, LLC.
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File #: 23-0133, Version: 1
The repairs were substantially completed on January 4, 2023. Contract Change Order (CCO) No. 1, in the amount of $253,235.52, is to re-energize an additional 50 vandalized streetlights and repair 32 vandalized wall pack lights at the Dr. Martin Luther King Jr. underpass. CCO No. 1 brings the total contract amount to $517,810.52. Materials for the Dr. Martin Luther King Jr. underpass are on order and the work is anticipated to be completed by early summer 2023.
The recommended resolution includes approval of findings for the emergency Construction Contract for the Repairs of Vandalized Street Lights Citywide project to re-energize the streetlights and deter future vandalism and wire theft.
DISCUSSION
Background
The City is responsible for the operation and maintenance of approximately 19,000 streetlights. The copper wires that conduct electricity to the lights are accessed by pull boxes located on the sidewalk or the landscaped area next to the light. Wire thieves break into the pull boxes to steal wire and sell it to recyclers as scrap metal.
Streetlight wire theft increased dramatically in the last decade, coinciding with the increase in copper values. This phenomenon is not unique to Stockton; it is an issue that other agencies and industries contend with nationwide. Police Department actions to address illegal practices by recyclers reduced but did not eliminate the problem.
In 2015, Public Works Operations and Maintenance staff began experimenting with a proprietary pull box lid made of steel with a unique locking mechanism. The locking pull box lids were used successfully for approximately a year, but thieves have also found ways to break into these locking steel lids. In 2017, staff experimented with backfilling pull boxes with low-density concrete caps, but thieves have been able to break through these caps. Currently, the only theft-deterrent mitigation is to replace the copper wire with aluminum wire which has a lower recycle value and backfill the pull box with high-density concrete.
Numerous streetlights and their accompanying utility boxes were stripped of their wires. Upon further evaluation, 100 streetlights have stolen copper wires, causing streetlight system outages. The City reached out to St. Francis Electric, LLC to assess the damage and provide the City with a cost proposal. The work scope includes replacing the copper wire with aluminum wire, installing a concrete collar to the pull box in the landscaped area, and backfilling the pull box with high-density concrete to deter future vandalism and wire theft.
Present Situation
On November 28, 2022, St. Francis Electric, LLC secured the needed materials and encroachment permit and commenced work for the Repairs of Vandalized Street Lights Citywide project. The repairs were substantially completed on January 4, 2023. Materials for the Dr. Martin Luther King Jr. underpass are on order and the work is anticipated to be completed by early summer 2023.
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File #: 23-0133, Version: 1
Findings
The findings for this emergency construction pursuant to SMC section 3.68.070 are as follows:
1. Streetlight system outages are a hazard that could adversely affect public health, safety, and welfare.
2. Failure to undertake emergency construction of the Repairs of Vandalized Street Lights Citywide would have resulted in significant liability for the City of Stockton.
3. St. Francis Electric, LLC was selected as the most qualified construction contractor given the following:
· Experienced electrical contractor;
· Successful re-wiring project approximately five years ago for multiple streets near Arch Airport Road; and
· The contractor is responsive and can start work upon the City's issuance of a Notice to Proceed.
Staff recommends Council adopt a resolution to approve payment in the amount of $517,810.52 to St. Francis Electric, LLC for the construction of Repairs of Vandalized Street Lights Citywide, Project No. OM-23-055.
FINANCIAL SUMMARY
The appropriation includes the following actions to provide sufficient funding to issue payment to St.
Francis Electric, LLC:
1. Appropriate additional funds in the amount of $264,575 from the Measure K Fund balance to the Fiscal Year 2022-23 Measure K Street Maintenance Fund, Account No. 4570-715-630013- 250-252-30-45-000-000.
2. Appropriate additional funds in the amount of $253,235.52 from the Measure K Fund balance to the Fiscal Year 2022-23 Measure K Traffic Maintenance Fund, Account No. 4570-717- 630013-250-252-30-45-000-000.
With the additional funding of $517,810.52, there is sufficient funding to issue payment to St. Francis Electric, LLC for the construction completion of the Repairs of Vandalized Street Lights Citywide, Project No. OM-23-055.
There is no impact on the City's General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - Construction Contract with St. Francis Electric, LLC City of Stockton Printed on 3/29/2023Page 3 of 3
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CONSTRUCTION CONTRACT
This contract is made and entered into on l 1 /�8,�Da.:J.. , by and between ST.
FRANCIS ELECTRIC, LLC, a STATE OF CALIFORNIA CORPORATION, with a business address at 975 CARDEN STREET, SAN LEANDRO, CA, 94577, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W IT N ES S ET H:
WHEREAS, plans and specifications for the construction of REPAIRS OF VANDALIZED STREETLIGHTS CITYWIDE (PROJECT NO. OM-23-055), hereinafter called "PROJECT," were regularly adopted by Council Resolution No. ________ , on ________ ; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. ________ , on ______ _
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on ______ , by Council Resolution No. . The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Wo rks of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $264,575.00, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the "contract documents" including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27, effective September 27, 2016.
II
II
Local Construction Contract - ST. FRANCIS ELECTRIC, LLC - PROJECT NO. OM-23-055 (Updated 12/31/20)