Agenda packet — City Council and Concurrent Authorities, May 23, 2023 (part 3 of 8)

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

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

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 C, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.

It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

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

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

CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. CONTRACTOR further agrees to include these same provisions with any subcontractor regardless of tier. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The CONTRACTOR shall require all Subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the CITY.

4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, CONTRACTOR shall indemnify, protect, defend with counsel approved by CITY and at CONTRACTOR’S sole cost and expense, and hold harmless CITY, its Mayor, Council, officials, representatives, agents, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to ASPHALT CONCRETE COLD PLANING THROUGH DECEMBER 2024, Project No.

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property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, State, or municipal law or ordinance, or City Policy, by CONTRACTOR or CONTRACTOR’S officers, agents, employees, volunteers or subcontractors. CONTRACTOR shall not be obligated to indemnify or defend CITY for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the CITY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law.

To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of CONTRACTOR to CITY, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by CONTRACTOR under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

With exception that this section shall in no event be construed to require indemnification, including the duty to defend, by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, the parties agree that CONTRACTOR’S duty to defend CITY is immediate and arises upon the filing of any claim against the CITY for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by CONTRACTOR or CONTRACTOR’S officers, agents, employees, volunteers or subcontractors. CONTRACTOR’S duties and obligations to defend the CITY shall apply regardless of whether or not the issue of the CITYS liability, breach of this Agreement, or other obligation or fault has been determined. CONTRACTOR shall be immediately obligated to pay for CITY’S defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal. At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the CITY, CITY will then reimburse CONTRACTOR for amounts paid in excess of CONTRACTOR’S proportionate share of responsibility for the damages within 30 days after CONTRACTOR provides CITY with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures CONTRACTOR is not obligated to defend or indemnify CITY in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

With the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, CONTRACTOR shall indemnify, defend, and hold harmless CITY, its Mayor, Council, officials, representatives, agents employees and volunteers from and against all claims, losses, expenses, and costs including, but not limited to attorneys’ fees, arising out of any claim brought against the CITY by an employee, office, agent, or volunteer of CONTRACTOR, regardless of whether such claim may be covered by any applicable workers compensation insurance. CONTRACTOR’S indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR under workers’ compensation acts, disability acts, or other employee benefit acts.

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

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

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

5. SCHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on December 31, 2024, unless extended by mutual agreement through the issuance of a Contract Change Order. This contract provides for two (2), one (1) year extensions at the same rates and terms as outlined in Exhibit A and EXHIBIT B.

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

The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
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c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB &division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing raand employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.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 State of California. To forfeit as a penalty to CITY the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to

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1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract.

CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section 3.68.095.
f. SANCTIONS
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.

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

Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if ASPHALT CONCRETE COLD PLANING THROUGH DECEMBER 2024, Project No.

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any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.

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

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

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

11. CONTRACTOR STATUS. In performing the obligations set forth in this Contract, CONTRACTOR shall have the status of an independent contractor and CONTRACTOR shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of CONTRACTOR are its agents and employees, and are not agents of the CITY. Subcontractors shall not be recognized as having any direct or contractual relationship with the CITY. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The CONTRACTOR is responsible to the CITY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contract any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by CONTRACTOR. i. It is further understood and agreed that CONTRACTOR must issue W-2 forms

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or other forms as required by law for income and employment tax purposes for all of CONTRACTOR’S personnel.
ii. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against the CITY based upon any contention by any third party that employer-employee relationship exists by reason of this Contract.

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

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

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

To CONTRACTOR: Pavement Recycling Systems, Inc. To City: Public Works Director 10240 San Sevaine Way City of Stockton
Jurupa Valley, CA 91752 22 E. Weber Ave., Rm. 301
Stockton, CA 95202

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

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

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

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

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

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

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

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

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

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

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

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603

SPECIAL PROVISIONS FOR

ASPHALT CONCRETE COLD PLANING
THROUGH DECEMBER 2024
PROJECT NO. WD23003G

SPECIAL NOTES

1. Official bid documents including plans and specifications are available online at:
http://www.stocktongov.com/services/business/bidflash/pw.html?dept=Public_Works All bids submitted for this project must conform to the requirements of the official bid documents, including specifications and plans.

SECTION 1 SPECIFICATIONS AND PLANS
1-1.01 Specifications
The work described herein shall be done in accordance with the current City of Stockton, Department of Public Works, Standard Specifications and the current Editions of the State of California, Department of Transportation Standard Specifications and Standard Plans and in accordance with the following Special Provisions. To the extent the California Department of Transportation Standard Specifications implement the STATE CONTRACT ACT they shall not be applicable since the City of Stockton is not subject to said ACT.

In case of conflict or discrepancy between any of the Contract Documents, the order of documents listed below shall be the order of precedence, with the first item listed having the highest precedence:

1. Contract Change Order (Modifications or changes last in time are first in precedence)

2. Contract

3. Project Special Provisions

4. Project Plans

5. City Standard Specification

6. City Standard Drawings

7. Revised Caltrans Standard Specifications

8. Caltrans Standard Specifications

9. Revised Caltrans Standard Plans

10. Caltrans Standard Plans

11. Supplemental Project Information
With regards to discrepancies or conflicts between written dimensions given on drawings and the scaled measurements, the written dimensions shall govern.

With regards to discrepancies or conflicts between large-scale drawings and small-scale drawings, the larger scale shall govern.

With regards to discrepancies or conflicts between detailed drawings and referenced standard drawings or plans, the detailed drawings shall govern.

In the event where provisions of codes, safety orders, contract documents, referenced manufacturer’s specifications or industry standards are in conflict, the more restrictive and higher quality shall govern. Should it appear that the work to be done or any of the matters relative thereto are not sufficiently detailed or explained in these specifications, the Special Provisions, or the plans, the Contractor shall apply to the Engineer in writing for such further explanations as may be necessary and shall conform to them as part of the contract. All responses from the Engineer shall also be in writing. In the event of any doubt or question arising respecting the true meaning of these specifications, the Special Provisions or the plans, reference shall be made to the Engineer, whose decision thereon shall be final.

EXHIBIT A Page 12 of 44 ATTACHMENT A 604
1-1.02 Contractor’s Responsibility
The Contractor shall examine carefully the site of the work and the plans and specifications therefore. The Contractor shall investigate to their satisfaction as to conditions to be encountered, the character, quality and quantity of surface, subsurface materials or obstacles to be encountered, the work to be performed, materials to be furnished, and as to the requirements of the bid, plans and specifications of the contract. 1-1.03 Terms and Definitions
Wherever in the Standard Specifications, Special Provisions, Notice to Contractors, Proposal, Contract, or other contract documents the following terms are used, the intent and meaning shall be interpreted as follows:

City or Owner - City of Stockton
CA-MUTCD - Latest edition of the California Manual on Uniform Traffic Control Devices and any amendments and revisions
thereto
Director - Director of Public Works, City of Stockton
Standard Specifications - City of Stockton Latest Standard Plans and Specifications And any amendments and revisions thereto.

Caltrans Specifications - Current and Latest State of California, Department of Transportation, and any amendments or revisions thereto.

Department - Department of Public Works, City of Stockton Engineer - City Engineer, City of Stockton, acting either directly or through properly authorized Engineer, agents and
consultants.

See following page
EXHIBIT A Page 13 of 44 ATTACHMENT A 605
SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS
2-1.01 General
The bidder’s attention is directed to the “Notice to Bidder” for the date, time and location of the Pre-Bid meeting, if applicable. Refer to the City of Stockton’s Bid Flash webpage:
http://www.stocktongov.com/services/business/bidflash/default.html SECTION 3 AWARD AND EXECUTION OF CONTRACT
3-1.01 Addendum and Bid Inquiries
The addendum and bid inquiries will be posted on the City website. An email notification will be issued to all registered plan-holders. It is the contractor’s/sub-contractor’s sole responsibility to register as a plan holder. If a firm is not registered as a plan holder, they will not receive the notifications about addendum/bid inquiries/other information related to the project. To register as a plan holder, please send an email to Katrina Cooper at [email protected] referencing the project name. Bid inquiries will not be accepted within 5 calendar days of bid opening date.
3-1.02 Contract Award
Each prospective bidder shall be required to bid on all items. Failure to bid an item shall be just cause for considering the bid as non-responsive. The City reserves the right to reject all bids. The bidders must be responsible, and their bids must be responsive.

If the City awards the Contract, the basis of the award will be the responsible bidder with the lowest bid whose proposal complies with all requirements prescribed.

The contract shall be executed by the successful bidder and shall be returned, along with the contract bonds, so that it is received by the City within ten (10) working days after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the following address:

Attention: Amanpreet Grewal
City of Stockton
Public Works Department
1465 S. Lincoln Street
Stockton, CA 95206
3-1.03 Bid Protest
All parties wishing to file a protest shall comply with the procedures set forth below:

All protests regarding the bidding process or award, or intended award, of any contract must be submitted in writing to the City Attorney on or before 5:00 p.m. of the fifth business day following the opening of all bids, unless a different time period is specified in the Notice Inviting Bids or other bid solicitation documents.

All protests must be addressed to:

City Attorney
City of Stockton
425 North El Dorado Street, 2nd Floor
Stockton, CA 95202
EXHIBIT A Page 14 of 44 ATTACHMENT A 606
The party filing the protest must have submitted a bid for the work. A subcontractor of a bidder may not submit a bid protest.

The protest shall contain a complete statement specifying in detail the grounds of the protest and the facts in support thereof. The protest must be hand delivered or send via mail so that the City Attorney receives it within the time period set forth above. The protest documents must include the following:
• A complete statement of the factual and legal basis for the protest; • The protest must include the name, address and telephone number of the person representing the protesting party; and
• The protesting party must concurrently transmit a copy of the written protest document and any attached documentation to all other bidders who may have a reasonable prospect of receiving the award depending on the outcome of the protest.

The procedure and time limits set forth herein are mandatory and the bidder’s sole and exclusive remedy in the event of a protest. No bidder may bring an action or proceeding challenging the bidding process or any award, or intent to award, any contract unless the above procedures are followed. The failure of a party originating a protest to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filling a government code claim or legal proceeding. The City reserves the right to modify the bid protest procedures in the Notice Inviting Bids or other bid solicitation documents and to require any protesting party to submit additional or clarifying information or documentation in support of any protest.
3-1.04 Contract Execution
The bidder's attention is directed to the provisions in Section 3, "Contract Award and Execution," of the Caltrans Specifications and these Special Provisions for the requirements and conditions concerning award and execution of the contract. Bid protests are to be delivered to the address noted above.

See following page
EXHIBIT A Page 15 of 44 ATTACHMENT A 607
SECTION 4 BEGINNING OF WORK, SCHEDULE, TIME OF COMPLETION AND

LIQUIDATED DAMAGES
4-1.01 Beginning of Work
The Contractor shall perform and complete the proposed work in a thorough and workmanlike manner, and to furnish and provide in connection therewith all necessary labor, tools, implements, equipment materials and supplies.

Attention is directed to the provisions in Section 8-1.04B, “Standard Start,” of the Caltrans Standard Specifications and these Special Provisions.

At no time shall construction begin without receiving notice that the contract has been approved by the City Attorney or an authorized representative. The Contractor shall follow the sequence of construction and progress of work as specified in Section 9-1.02, “Contractor Work Procedure,” and Section 9-1.03 Prosecution and Progress” of these Special Provisions.

The Contractor shall diligently prosecute all work items to completion. 4-1.02 Schedule
This contract is for cold planing services on City roadways on an "as-needed" basis. This contract will provide for approximately 225-hours of cold planing in a calendar year; however, the actual number may vary. It is estimated there are approximately 25 jobsites that will require cold planing services of the Contractor with an estimated total of 35-working days per calendar year.

The City will notify the Contractor a minimum of two weeks prior to starting work at a particular jobsite. 4-1.03 Time of Completion
Attention is directed to the provisions in Section 8, "Prosecution and Progress," of the Standard Specifications and these Special Provisions.

The contract for the performance of the work shall schedule his/her operation so that cold planing services commence at 6:30 AM. The work force shall consist of a minimum of one operator, and one ground person.

Full compensation for conforming to the provisions in this section shall be considered as included in the prices paid for the various contract items of work involved, and no additional compensation will be allowed therefore. 4-1.04 Liquidated Damages
Section 8-1.10, "Liquidated Damages," of both the Standard Specifications and Caltrans Specifications is not applicable to this contract.

EXHIBIT A Page 16 of 44 ATTACHMENT A 608
SECTION 5 GENERAL
5-1.01 Understanding of Conditions
Bidders will be required to carefully examine these Special Provisions and attachments to judge for themselves as to the nature of the work to be done and the general conditions relative thereto and the submission of a proposal hereunder shall be considered prima-facie evidence that the bidder has made the necessary investigation and is satisfied with respect to the conditions to be encountered, the character, quantity and quality of the work performed.

Bidders must be thoroughly competent and capable of satisfactorily performing the work covered by the proposal, and when requested, shall furnish such statements relative to previous experience on similar work, the plan or procedure proposed, and the organization and the equipment available for the contemplated work, and any other as may be deemed necessary by the Project Engineer in determining such competence and capability.

It shall be understood that the Contractor shall be required to perform and complete the proposed work in a thorough, workmanlike and professional manner, and to furnish and provide in connection therewith all necessary labor, tools, equipment, materials and supplies. The Contractor is responsible to take all necessary precautions and use best practices in the industry to perform all work require completing the project.
5-1.02 Construction Control
The City reserves the right to order discontinuance of any equipment in use. This will be determined at the discretion of the Engineer on the basis that the use of said equipment would prohibit obtaining the best possible result.

Additional operated equipment may be requested by the Engineer for the above reasons. Failure to comply with the Engineer's request concerning equipment use or removal will be deemed sufficient cause for shutting down all work until the requirements are met. Days lost for this type of shutdown will be charged as workable days.
5-1.03 Inspection
All work under this contract shall be under the control and inspection of the Engineer or his/her appointed representative. The Contractor shall be responsible for notifying the Engineer forty-eight (48) hours in advance of all stages of construction to arrange for inspection. The Contractor/sub-contractor shall report to the Engineer before starting the work on each working day. 5-1.04 Maintaining Public Convenience and Safety
The Contractor's attention is directed to Section 7-1.04, "Public Safety" of the Standard Specifications and these Special Provisions. Nothing in the specifications voids the Contractor's public safety responsibilities.

The City will provide for the proper routing of vehicles, bicyclists, and pedestrians in a manner that will hold congestion and delay of such traffic to practicable minimum by furnishing, installing, and maintaining all necessary temporary signs, barricades, and other devices and facilities, as approved by the City Traffic Engineer.

The City of Stockton will furnish, install, move, and remove all necessary traffic control devices including, but not limited to, signing, striping, barricades, arrow boards, CMS, and flagging. No traffic control shall be included in the various bid items.

EXHIBIT A Page 17 of 44 ATTACHMENT A 609
5-1.05 Encroachment Permit from City, County, Utilities, Railroads and Others Attention is directed to Section 5-1.20B, “Permits, Licenses, Agreements, and Certifications,” of the Caltrans Specifications and these Special Provisions. The following is not an all-inclusive list of the required permits and/or licenses, if applicable:
• Contractor’s License. Contractor shall possess a valid California Class ‘A’ or ‘C-12’ Contractor License at the time of bid and maintain it throughout the duration of the contract. • Business License. Contractor shall possess a valid City of Stockton business license and pay all required fee associated with it prior to the execution of the contract and maintain it throughout the duration of the contract.
• Submit the Construction and Demolition (C&D) Debris Recycling Report within 14 days of construction or demolition project completion. The completed form must be accompanied by the official weight tags or receipts verifying the information provided in the report and must be submitted to the City of Stockton Public Works Department, Solid Waste Division, 22 E. Weber Ave. Room 301, Stockton, CA 95202. Failure to provide the C&D Debris Recycling Report form will result in a 5% withholding of the contract amount. • Construction Water (if applicable): The Contractor is responsible for obtaining a permit for water from California Water Service or City of Stockton, as applicable, for construction water obtained from a City hydrant. This permit shall be approved by the City of Stockton Fire Department. All cost for water use shall be the responsibility of the contractor.

Full compensation for conforming to the provisions in this section including applicable permit fees, shall be considered as included in the prices paid for the various contract items of work involved, and no additional compensation will be allowed.
5-1.06 Property Preservation/Existing Facilities
The Contractor’s attention is directed to Sections 5-1.36, “Property and Facility Preservation,” and Section 15, “Existing Facilities,” of the Caltrans Specifications.

The Contractor’s attention is directed to the existence of certain underground facilities that may require special precautions be taken by the Contractor to protect the health, safety and welfare of workers and of the public. Facilities requiring special precautions include, but are not limited to: conductors of petroleum products, oxygen, chlorine, and toxic or flammable gases, natural gas in pipelines 6 inches or greater in diameter or pipelines operating at pressures greater than 60 pounds per square inch (gage); underground electric supply system conductors or cables, with potential to ground of more than 300 V, either directly buried or in duct or conduit which do not have concentric grounded or other effectively grounded metal shields on sheaths.

The Contractor shall notify the Engineer and the appropriate regional notification center for operators of subsurface installations at least two (2) working days, but not more than fourteen (14) calendar days, prior to performing any excavation or other work close to any underground pipeline, conduit, duct, wire or other structure. Regional notification centers include but are not limited to the following:

Notification Center Telephone Number
Underground Service Alert-Northern California (USA) 1-800-642-2444 1-800-227-2600
Underground Service Alert-Southern California (USA) 1-800-422-4133 1-800-227-2600
EXHIBIT A Page 18 of 44 ATTACHMENT A 610
The Contractor shall verify the horizontal and vertical locations of all existing utilities prior to start of construction. The Contractor shall be responsible for the repair and replacement of these or any other facilities damaged during construction. The Contractor shall notify Underground Services Alert (USA) to have existing facilities marked in the field.

If unknown existing facilities are encountered, the Contractor shall notify the Engineer in writing of the situation, request coverage of the work as extra work, and aid the Engineer in determining due diligence.

Payment for complying with this Special Provision shall be included in the various other items of work, and no additional compensation will be allowed therefore
5-1.07 Job Site Appearance
The Contractor's attention is directed to Sections 5-1.31, "Job Site Appearance," of the Caltrans Specifications.

The Contractor shall conduct and cause all working forces at the site to maintain the site in a neat orderly manner throughout the construction operations. The work shall be conducted in a manner that will control the dust. When ordered to provide dust control, the Contractor shall use water to reduce the dusty conditions all to the satisfaction of the Engineer. During construction, the Contractor shall remove all rubbish and debris as it is generated. Upon completion of the work, the Contractor shall remove all equipment, debris, and shall leave the site in a neat, clean condition all to the satisfaction of the Engineer.

Debris developed during construction shall be disposed of concurrently with its generation. The Contractor shall pay to the City of Stockton the sum of Five Hundred ($500) for every calendar day where debris has remained on the job site overnight.
5-1.08 Submittals
The following is a list of anticipated submittals for the project and is provided to aid the Contractor in determining the scope of work, but is not intended to be all-inclusive. Additional submittals may be required:

NO. SUBMITTAL DEADLINE
1 DAS 140 Prior to Notice to Proceed
2 DAS 142 Prior to Notice to Proceed
3 Local Hire Employment Ordinance – Good Faith Effort Prior to Notice to Proceed 4 Construction and Demolition Debris Recycling Report Post Construction 5 City of Stockton Business License Prior to Notice to Proceed 5-1.09 Records
The Contractor's attention is directed to Sections 5-1.27, "Records," of the Caltrans Specifications.

The cost accounting records for the contract shall be maintained separately from other contracts, during the life of the contract, and for a period of not less than 3-years after the date of acceptance of the contract. If the Contractor intends to file claims against the City of Stockton, the Contractor shall keep the cost accounting records specified above until complete resolution of all claims has been reached.

EXHIBIT A Page 19 of 44 ATTACHMENT A 611
5-1.10 Request for Information
The Contractor's attention is directed to Sections 5-1.42, "Requests for Information" of the Caltrans Specifications.

Contractor shall submit a request for information upon recognition of any event or question of fact arising under the contract. The Engineer shall respond to the request for information within 5 working days.

Payment for complying with this Special Provision shall be included in the various items of work, and no additional compensation will be allowed therefore.
5-1.11 Staging Area
The street right of way shall be used only for purposes that are necessary to perform the required work.

The Contractor shall not occupy the right of way, or allow others to occupy the right of way for purposes, which are not necessary to perform the required work.

The Contractor shall secure at his own expense any area required for storage of equipment or materials, or for other purposes. The Contractor's use of any private property in connection with this project shall be by a written agreement between the property owner and the Contractor. A certified copy of any such agreement shall be furnished to the Engineer prior to the use of such property by the Contractor. No additional compensation will be considered therefor.

The Contract shall pay to the City of Stockton the sum of One Thousand ($1,000) for every calendar day where occurrences of staging or driving on private property without providing written agreement from the owner took place. Contractor shall also compensate be required to compensate the private property owner Full compensation for conforming to the provisions in this section shall be considered as included in prices paid for the various contract items of work involved & no additional compensation will be allowed therefore. 5-1.12 Unsatisfactory Progress
If the number of working days charged to the contract exceeds 75 percent of the working days in the current time of completion and the percent working days elapsed exceeds the percent work completed by more than 15 percentage points, the City will withhold 10 percent of the amount due on the current monthly estimate.

The percent working days elapsed will be determined from the number of working days charged to the contract divided by the number of contract working days in the current time of completion, expressed as a percentage.

The number of contract working days in the current time of completion shall consist of the original contract working days increased or decreased by time adjustments approved by the Engineer.

The percent work completed will be determined by the Engineer from the sum of payments made to date plus the amount due on the current monthly estimate, divided by the current total estimated value of the work, expressed as a percentage.

When the percent of working days elapsed minus the percent of work completed is less than or equal to 15 percentage points, the funds withheld shall be returned to the Contractor with the next monthly progress payment.

Funds kept or withheld from payment, due to the failure of the Contractor to comply with the provisions of the contract, will not be subject to the requirements of Public Contract Code 7107 or to the payment of interest pursuant to Public Contract Code Section 10261.5.
5-1.13 Noise Control Requirements
Noise control shall conform to the provisions in Section 14-8-02, “Noise Control," of the Caltrans Specifications and these Special Provisions. Nothing in the Caltrans Specifications or these Special Provisions voids the Contractor’s public safety responsibilities or relieves the Contractor from the responsibility to comply with other ordinances regulating noise level.

EXHIBIT A Page 20 of 44 ATTACHMENT A 612
The noise level from the Contractor's operations, between the hours of 8:00 p.m. and 6:00 a.m., shall not exceed 86 dBa at a distance of fifty (50) feet. This requirement shall not relieve the Contractor from responsibility for complying with other ordinances regulating noise level. The noise level requirement shall apply to the equipment on the job or related to the job, including, but not limited to, trucks, transit mixers, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved, and no additional compensation will be allowed. 5-1.14 Dust Control
Dust control shall conform to any requirements set forth in the San Joaquin Valley Air Pollution Control District Construction Notification Form, and Section 14-11.04, “Dust Control,” of the Caltrans Specifications.

Use of water except for recycled, reclaimed, or other non-potable water for the purpose of dust control or other construction use is prohibited, unless for health or safety purposes. All dust control operations shall be performed by the Contractor using a vacuum sweeper at the time, location and in the amount ordered by the Engineer. The application of either water or dust palliative shall always be under the control of the Engineer. Watering shall conform to the provisions of Section 10-6, “Watering,” of the Caltrans Specifications and these Special Provisions.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved, and no additional compensation will be allowed. 5-1.15 Increased or Decreased Quantities
The City reserves the right to make such alterations, deviations, additions to, or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work or to omit any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated, without adjustment in the unit price as bid. Section 9-1.06B and Section 9-1.06C of the Caltrans Standard Specifications shall not apply. 5-1.16 Changes and Extra Work
New and unforeseen work will be considered as extra work when determined by the Engineer that the work is not covered by any of the various items for which there is a bid price or by combinations of those items. In the event portions of this work are determined by the Engineer to be covered by some of the various items for which there is a bid price or combinations of those items, the remaining portion of the work will be classed as extra work. Extra work also includes work specifically designated as extra work in the plans or specifications.

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

The Contractor shall do the extra work and furnish labor and equipment therefore upon receipt of an approved contract change order or other written order of the Engineer. In the absence of an approved contract change order or other written order of the Engineer, the Contractor shall not be entitled to payment for the extra work. If, in the opinion of the Engineer, such work cannot reasonably be performed concurrently with other items of work, and if a controlling item of work is delayed thereby, an adjustment of contract time will be made.

Payment for extra work required to be performed pursuant to the provisions in this section, in the absence of an executed contract change order, will be made by force account as provided in Section 9-1.04 “Force Account” of the Caltrans Specifications; or as agreed to by the Contractor and the Engineer.

EXHIBIT A Page 21 of 44 ATTACHMENT A 613
5-1.17 Notice of Potential Claim
The Contractor shall not be entitled to the payment of any additional compensation for any cause, or for the happening of any event, thing, or occurrence, including any act or failure to act, by the Engineer, unless s/he has given the Engineer due written notice of potential claim as hereinafter specified, provided, however, that compliance with this section shall not be a prerequisite for matters within the scope of the protest provisions under “Changes” or “Time of Completion” or within the notice provisions in “Liquidated Damages” not to any claim which is based on differences in measurements or errors of computation as to Contract quantities.

The written notice of potential claim shall set forth the items and reasons which the Contractor believes to be eligible for additional compensation, the description of work, the nature of the additional costs and the total amount of the potential claim. If based on an act or failure to act by the Engineer, written notice for potential claim must be given to the Engineer prior to the Contractor commencing work; in all other cases, written notice for potential claims must be given to the Engineer within fifteen (15) days after the happening of the event, thing or occurrence giving rise to the potential claim.

It is the intention of this section that potential differences between the parties of this Contract be brought to the attention of the Engineer at the earliest possible time appropriate action may be taken and settlement may be reached. The Contractor hereby agrees that s/he shall have no right to additional compensation for any claim that may be based on any act or failure to act by the Engineer or any event, thing or occurrence for which no written notice of potential claim was filed.
5-1.18 Stop Notice Withholds
Section 9-1.16E(4) “Stop Notice Withholds” of the Caltrans Specifications is amended to read as follows:
"The City of Stockton, by and through the Department of Public Works, may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims, filed pursuant to Section 3179 et seq. of the Code of Civil Procedures.”
SECTION 6 BLANK
SECTION 7 BLANK
SECTION 8 BLANK
SECTION 9 MEASUREMENT AND PAYMENT
9-1.01 General
Attention is directed to Section 9 “Payment” of the Caltrans Specifications, and these Special Provisions. All measurements and payments for this work shall conform to all applicable provisions on Section 7 of these Special Provisions and Section 9 ”Payment” of the Caltrans Specifications.

Payment for those items of work required to complete the work as specified herein, but not shown as separate bid items on the bid schedule, shall be deemed as included in the other items of work, and no additional compensation will be allowed therefore.

All materials designated to be removed shall become the property of the Contractor, unless otherwise noted, and shall be disposed in accordance with local, State, and Federal laws and ordinances.

Full compensation for disposal of materials and performing the work in these Special Provisions shall be included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefore.

EXHIBIT A Page 22 of 44 ATTACHMENT A 614
9-1.02 Payments
Attention is directed to Sections 9-1.16, "Progress Payments," and 9-1.17, "Payment After Contract Acceptance," of the Caltrans Specifications, and 9-1.17D, "Final Payment and Claims," of the Standard Specifications.

Full compensation for all labor, equipment, tools, materials, services, travel, mobilization and incidentals in conformity with the Contract Documents will be included in the prices paid for the various contract bid items and no additional compensation will be allowed therefore. No other compensation will be made except for the items listed in the Bid Proposal or otherwise described further below.

Mobilization: Mobilization shall conform to the provisions in Section 9-1.160, "Mobilization," of the Caltrans Standard Specifications and these Special Provisions.

Full compensation for any costs required to comply with the provisions in this section shall be considered to be included in the prices paid for various contract items of work and no additional compensation will be allowed therefore.
9-1.03 Quantities
The following estimate of the quantities of work to be done and materials to be furnished are approximate only. and are intended as a basis for the comparison of bids. The City does not expressly or by implications agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work without increase or decrease in the unit price bid or to omit portions of the work that may be deemed necessary or expedient by the Engineer.

BID ITEM LIST
Item
No.

Description Unit Quantity Unit
Cost
Total
Cost
Calendar Year 2023: Through December 31,2023

1. Cold Planing Time: Contractor shall
provide a minimum of one operator and
one ground person, with front discharge
pavement planing equipment to deposit
grindings directly into City - furnished
trucks.

Hours 225
Calendar Year 2024: Through December 31,2024

2. Cold Planing Time: Contractor shall
provide a minimum of one operator and
one ground person, with front discharge
pavement planing equipment to deposit
grindings directly into City - furnished
trucks.

Hours 225

TOTAL BID
EXHIBIT A Page 23 of 44 ATTACHMENT A 615
Notes:

1. The contract prices paid per hour for cold planing shall include full compensation for furnishing all labor, tools, equipment, operator, ground person, and incidentals, and for doing all work as specified in these specifications.

2. The Contractor will be entitled to a minimum of six (6) hours for each day services are required, except for stoppages resulting from inclement weather, which will be based on actual hours worked.

3. Cold planing time shall be rounded to the nearest fifteen (15) minutes for payment purposes.

4. Travel time between jobsites can be included for payment.

5. Ineligible items for payment include:
a. Time that equipment is being repaired, adjusted, or maintained. b. Time that equipment does not meet the performance specifications. c. Travel time at the start and end of the work day.
d. Time to load, unload, water filling, maintenance, teeth changing, cleaning, and other work on the equipment.

6. Each bidder shall bid each item on the Base Bid Schedule. Failure to bid an item shall be just cause for considering the bid as non-responsive.

Each bidder shall bid each item on the Base Bid Schedule. Failure to bid an item shall be just cause for considering the bid as non-responsive. The City reserves the right to include or delete any Schedule or portion thereof, or to reject all bids.

Official bid documents, including plans and specifications, are available on the City of Stockton website at: http://www.stocktongov.com/services/business/bidflash/default.html All bids submitted for this project must conform to the requirements of the official bid documents, including plans and specifications.

SECTION 10 CONSTRUCTION
10-1.01 Cold Planning Equipment:

The cold planing equipment shall meet the following minimum performance specifications:

1. 72-inch cutting width

2. 12 teeth per lineal foot of drum width; teeth must be sharp to produce clean visible "ridge and valley" on the pavement. The Engineer may direct the shutdown of the project if the performance of the equipment is not to his/her satisfaction.

3. 16 feet per minute travel speed when cutting depth of 5½ inches in asphalt concrete.

4. 98 cubic yards of excavated material, measured in place, per hour.

5. 5½ inch cutting depth in asphalt concrete.

6. Front discharge grinder shall be used exclusively for all work performed.

7. 10-miles per hour travel speed between jobsites, or the pavement planing equipment shall be transported between jobsites. Time to load and unload the equipment shall not be eligible for payment.

Prior to commencing work, Contractor shall be required to demonstrate equipment compliance with these performance specifications.

EXHIBIT A Page 24 of 44 ATTACHMENT A 616

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Exhibit C:

Insurance Requirements
(Asphalt Concrete Cold Planing WD23003G)
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.

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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 or Pollution policies)

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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

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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

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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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City of Stockton
Legislation Text
File #: 23-0390, Version: 1

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

MAINTENANCE AND REPAIR SERVICES

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

1. Award a five-year Service Contract in the amount not to exceed $209,120 to KONE, Inc. of Sacramento, CA, for City of Stockton Elevator Maintenance and Repair Services, Project No.

OM-23-087.

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

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.

Summary
The City maintains 10 elevators and two wheelchair lifts. The City contracts for regular inspection, preventative maintenance, and repair of this equipment to reduce downtime and comply with Statemandated inspections.

On February 6, 2023, the City advertised a Request for Proposals (RFP) for Elevator Maintenance and Repair Services, Project No. OM-23-087. On February 23, 2023, the City received three proposals for this project. A Selection Committee evaluated the proposals and found KONE, Inc. of Sacramento, CA, to be the most qualified vendor for this project.

Staff recommends that Council approve a motion to award a five-year Service Contract in the amount not to exceed $209,120 ($41,824 annually) to KONE, Inc. (Attachment A). Contracted services will begin July 1, 2023, and expire June 30, 2028, with no option for extension. The Service Contract will be funded from Public Works, Police, and Community Development Departments' Annual Operating Budgets (Attachment B).

DISCUSSION
Background
The City of Stockton Public Works Facilities Maintenance Division is responsible for maintaining 10 elevators and two wheelchair lifts located in City Facilities. The City contracts for regular inspection, preventative maintenance, and repair on this equipment to reduce downtime and comply with StateCity of Stockton Page 1 of 3 Printed on 5/17/2023 powered by Legistar™
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mandated inspections. The elevators are located at the Cesar Chavez Library, City Hall, Main Police Department, and the Stewart Eberhart Building. The wheelchair lifts are located at the Permit Center and the Podesto Teen Impact Center. The City does not have staff with the technical training to perform the preventative maintenance and repairs to the elevators and wheelchair lifts.

On June 19, 2018, by Motion No. 2018-06-19-1118, Council approved a Service Contract with Otis Elevator Company for City of Stockton Elevator Maintenance and Repair Services, Project No. OM18-087. The Service Contract, in the amount of $182,000, was for elevator services for a three-year term, which began June 28, 2018, with the option of one two-year extension. The contract will end on June 30, 2023.

Present Situation
On February 6, 2023, the City advertised an RFP for Elevator Maintenance and Repair Services, Project No. OM-23-087. On February 23, 2023, three proposals were received from the following vendors:
· EnPro Elevator, Inc. (Rancho Cordova, CA)
· KONE, Inc. (Sacramento, CA)
· TK Elevator Company (West Sacramento, CA)
A Selection Committee evaluated and ranked all proposals based on each firm's experience, quality of work, qualifications of staff, communication, and cost. KONE, Inc. received the highest ranking based on the noted criteria and was determined to be the most qualified vendor for this project. The fixed fee provides services for complete preventative maintenance, repairs, and required testing pursuant to the manufacturer's standards or current Elevator Safety Orders of the California Code of Regulations, whichever is more stringent.

Staff recommends that Council approve a motion to award a five-year Service Contract in the amount not to exceed $209,120 ($41,824 annually) to KONE, Inc. for Elevator Maintenance and Repair Services, Project No. OM-23-087 (Attachment A). Contracted services will begin July 1, 2023, and expire June 30, 2028, with no option for extension.

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

1. The City does not have staffing available to perform elevator maintenance services and repairs.

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

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

FINANCIAL SUMMARY
The Service Contract is proposed to be funded at the set fees listed below and in accordance with the Scope of Work in the Service Contract (Attachment A).

ORIGINAL FIVE-YEAR TERM ANNUAL COST
July 1, 2023 - June 30, 2024 $ 41,824
July 1, 2024 - June 30, 2025 $ 41,824
July 1, 2025 - June 30, 2026 $ 41,824
July 1, 2026 - June 30, 2027 $ 41,824
July 1, 2027 - June 30, 2028 $ 41,824
TOTAL CONTRACT AMOUNT $209,120
The $41,824 annual cost includes $10,000 in contingency funds to cover possible vandalism and major equipment failure that is not covered in the monthly services for the Elevator Maintenance and Repair Services, Project No. OM-23-087.

Funding is available for expenditures, including the $10,000 contingency, in the first one-year term of the contract through June 30, 2024. The contract, including the $10,000 contingency, will be funded from Public Works, Police, and Community Development Departments' FY 2023-24 Operating Budgets for the first year of the contract. Funding for the remaining years of the contract will be contingent on future annual budget appropriations. The funding split will remain the same over the life of the contract as outlined in the Original Five-Year Term table (Attachment B).

There is no additional impact to the City's General Fund or any other unrestricted fund as a result of taking the recommended action.

Attachment A - Service Contract with KONE, Inc.

Attachment B - Funding Accounts for Contract
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KONE, INC., PROJECT NO. OM-23-087
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CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of 2023, between the CITY OF STOCKTON, a municipal corporation (“CITY), and KONE, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 10151 CROYDON WAY, SUITE 2, SACRAMENTO, CA95827, hereinafter called "CONTRACTOR.," THIS CONTRACT is for the ELEVATOR MAINTENANCE AND REPAIR SERVICES (PROJECT NO. OM-23-087), hereinafter referred to as “SERVICE”.

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

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

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

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

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

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

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

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

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reimbursement for costs shall not exceed $209,120.00 or as otherwise mutually agreed to in a Contract Change Order.

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

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

The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or selfinsurance shall be called upon to protect it as a named insured.

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.

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

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damages, expenses, and costs (including without limitation attorneys' fees, expert and Contractor fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, state, or municipal law or ordinance, or CITY Policy, by CONTRACTOR or CONTRACTOR’S officers, agents, employees, volunteers or subcontractors. CONTRACTOR shall not be obligated to indemnify or defend CITY for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the CITY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of CONTRACTOR to CITY, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by CONTRACTOR under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

With the exception that this section shall in no event be construed to require indemnification, including the duty to defend, by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, the parties agree that CONTRACTOR’S duty to defend CITY is immediate and arises upon the filing of any claim against the CITY for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by CONTRACTOR or CONTRACTOR’S officers, agents, employees, volunteers or subcontractors. CONTRACTOR’S duties and obligations to defend the CITY shall apply regardless of whether or not the issue of the CITY’S liability, breach of this Agreement, or other obligation or fault has been determined.

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

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limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR under workers’ compensation acts, disability acts, or other employee benefit acts.

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

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

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

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit D). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

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c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing raand employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done.

CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday

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and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

3.68.095.
f. SANCTIONS
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.

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

All persons working for or under the direction of CONTRACTOR are its agents and employees, and are not agents of the CITY. Subcontractors shall not be recognized as having any direct or contractual relationship with the CITY. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The CONTRACTOR is responsible to the CITY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contract any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of

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employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by CONTRACTOR.
i. It is further understood and agreed that CONTRACTOR must issue W2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR’S personnel.
ii. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against the CITY based upon any contention by any third party that employeremployee relationship exists by reason of this Contract.

CONTRACTOR shall be solely responsible for reimbursing subcontractors.

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

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

To CONTRACTOR: Kone, Inc. To City: Public Works Director 10151 Croydon Way,
Suite 2
City of Stockton
Sacramento, CA 95827
22 E. Weber Ave., Rm. 301
Stockton, CA 95202

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investigation for the purposes of determining compliance with this Contract.

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

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

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

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

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

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

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

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

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

CITY OF STOCKTON KONE, INC.

By: By:

HARRY BLACK Signature

CITY MANAGER
ATTEST:

Print Name
By:

ELIZA R. GARZA, CMC Title:

CITY CLERK
APPROVED AS TO FORM:

By:

DEPUTY CITY ATTORNEY

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City of Stockton Public Works Department Project No. OM-23-087 Elevator Maintenance & Repair Services |SCOPE OF WORK
Elevator Maintenance and Repair Services
City Project No. OM-23-087

SCOPE OF WORK

DESCRIPTION
The City of Stockton has ten (10) elevators and two (2) wheelchair lifts requiring “full-service” maintenance and repair in six (6) City-owned locations. Contractor will furnish all material, labor, supervision, tools, supplies and equipment necessary to provide full maintenance service, including all inspections, adjustments, tests, parts or component replacements, and repairs to keep the elevators and lifts in continuous use at their established capacity and efficiency and for their intended purpose. All maintenance adjustments and repairs shall be in compliance with the latest California Code of Regulations, Title 8, Elevator Safety Orders.

MONTHLY PRICE
The monthly price bid for each item listed in Exhibit B, Cost Proposal Sheet, shall include all wages, payroll taxes, fringe benefits, insurance, transportation, equipment, materials, supplies, overhead and profit.

CONTRACT PERIOD
Any resultant Contract shall be effective from date of award or July 1, 2023, through June 30, 2028, for a period of five (5) years.

PRICE ADJUSTMENT
The Contractor may request price adjustments for consideration by the City at the end of each calendar year. Price adjustment requests must be submitted in writing with thorough justification and, if approved by the City, will become effective at the beginning of the next fiscal year.

CONTRACT REPRESENTATIVE
During the performance of the contract, the City will be represented by a Project Manager, who can be reached via phone at (209) 937-8954, or their designee.

CONTINUED USE OF FACILITIES
The buildings involved in this project will continue to be occupied during the term of the contract.

Contractor work shall be performed in an orderly manner with minimum disturbance and inconvenience to the occupants. The Contractor shall confine and limit its personnel to only those areas required in performing the work.

Work accomplished on weekends or legal holidays, if required by Contractor and authorized by the Project Manager, shall be performed at no additional expense to the City.

EXHIBIT A Page 12 of 44 ATTACHMENT A 651
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CONTRACT PERFORMANCE INSPECTIONS
The City may retain the services of an independent consultant to inspect the work covered under this Contract. The City will issue to the Contractor a list of any discrepancies reported by the consultant and the Contractor shall fix the discrepancies within three (3) calendar days from the date of issue unless other completion dates are agreed upon the by the City.

Notwithstanding any provision in this contract, the City will have no obligation to give more than two (2) notices of unsatisfactory performance in any calendar year. In the event two (2) such notices of unsatisfactory performance are given in any calendar year the City may terminate this contract immediately.

CONTRACTOR RESPONSIBILITIES
The Contractor shall appoint a Project Manager who shall be responsible for the performance of the work and an alternate(s) who shall act for the Contractor when the Project Manager is absent.

The names of these persons shall be designated in writing to the City. For this work, the term “Project Manager” shall include the alternate as specified above. The Project Manager, or their designee/alternate, shall be available during normal business hours to meet with City representative/s to discuss any problem areas.

The Contractor shall employ only workers who are competent and skilled for work under this contract. The City shall, throughout the term of the contract have the right of reasonable rejection and/or approval of staff assigned to the work by the contractor. If the Contract Administrator rejects one of Contractor's staff, the Contractor must provide replacement staff satisfactory to the City at no additional cost to the City. If, in the opinion of the City, any Contractor employee who is incompetent, disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, shall be removed immediately from work under this contract upon request of the City.

Contractor shall provide contact information for both the Project Manager and alternate. The Project Manager shall have a phone permitting timely contact by the City. The Project Manager must respond to a call within 30 minutes.

Should the Contractor choose to work on a closed Friday, Saturday, Sunday, or on a holiday recognized by the City, as provided in Exhibit C, and that work requires inspection or supervision by the City, the contractor shall reimburse the City of Stockton 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.

Contractor acknowledges it is an independent contractor and shall not for any purpose be deemed to be an employee, agent, or other representative of the City. Contractor shall not assign, sublet, transfer or otherwise substitute its interest in this work, or any of its obligations, without the prior written consent of the City. It is the intent of these specifications that all work is to be performed by Contractor's forces.

No unauthorized person or persons not employees of the Contractor (i.e., spouse, children, brother, EXHIBIT A Page 13 of 44 ATTACHMENT A 652
City of Stockton Public Works Department Project No. OM-23-087 Elevator Maintenance & Repair Services |SCOPE OF WORK
sister, friends, etc.) shall be allowed within the immediate work area during the performance of services under this contract.

Wherever work is being performed, Contractor shall have a designated person at the work site that has the authority to respond to the Contract Administrator and/or any citizens about work details or priorities. This designated person shall be able to accurately and effectively communicate any essential information.

Contractor shall provide supervision to assure that tasks are performed to the standards set in these special provisions. Contractor is solely responsible for the day-to-day supervision and control of Contractor’s employees. Personal supervision is not required, provided that equipment or other means are provided to enable the work crews to communicate with the Contractor at all times.

Contractor shall employ a sufficient number of staff to ensure performance of the work described.

All work shall be performed by experienced staff directly employed by the Contractor. The Contractor shall provide management and technical supervision through competent supervisors as required to implement modern methods and any newly developed procedures. Contractor shall be responsible for the skills, methods, and actions of Contractor's employees and for all work.

Quality Assurance / Quality Control Program: Contractor shall have a quality assurance/quality control program that includes procedures that are required to ensure that work is being internally inspected and providing full protection of work and materials. Proposer shall submit details of their Quality Assurance Program as part of their proposal.

Inventory of Materials: Contractor shall provide a locally available supply of spare parts adequate for the performance of this contact within a reasonable time. If the lack of available parts causes extended elevator down time (24 hours or more) and parts are available from other local sources, Contractor will purchase the necessary parts locally at no additional cost to the City. If parts are not available locally, then contractor shall obtain outside of the City, and have the parts shipped, overnight if necessary, to repair the down elevator.

Contractor shall provide all supplies necessary to accomplish the required repairs and services.

Materials and supplies shall conform to contract requirements and industry standards for the type of work being performed.

STANDARDS OF PERFORMANCE
Contractor is expected to provide the highest level of quality compatible with practices and modern techniques accepted by the industry. The Public Works Director or designee(s) shall be the sole judge as to whether Contractor's work conforms to the specifications.

A. Contractor and Contractor's personnel shall present a neat appearance. Contractor and Contractor’s employee(s) shall wear a uniform which clearly identifies the Contractor's company and the employee.

B. Contractor shall provide at their own risk, all labor, materials, supervision, tools, equipment, insurance, storage, transportation, hauling, dumping, proper protection and all other items needed, or as directed to perform the work described in this Scope of Work.

EXHIBIT A Page 14 of 44 ATTACHMENT A 653
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C. Each work crew shall have a designated person on the work site that has the authority to respond to inquiries from any citizens encountered during the course of work and be able to communicate with the Public Works Director, Project Manager or other representative about work details and/or priorities. This designated person shall be able to accurately and effectively communicate any information essential to the operation of the organization.

D. All work shall be performed with the utmost concern for safety of City staff, the workers, and the public. Contractor is expected to be familiar with all areas and locations of the work. If Contractor is unfamiliar with areas and locations of work, Contractor shall inquire about and visit sites before commencing work on this contract.

E. On each visit to a building, prior to commencing work, Contractor or its employees shall notify the Project Manager or their designee of their presence and intent to work.

F. At the conclusion of each day’s work, the Contractor shall remove refuse, debris or waste materials and leave the premises in an orderly condition as required by the City.

WORKMANSHIP
Contractor is expected to respect all parties they encounter. Contractor shall perform work to the satisfaction of the Public Works Director or designee/s. The Contractor shall cooperate with the Public Works Director or designee/s to facilitate determination of contract compliance. If any work does not meet the standards specified, the Contractor will be responsible for correcting such deficiencies within five (5) working days or as directed by the Public Works Director or designee/s.

Corrections shall be at no additional cost to the City of Stockton. Contractor is expected to use additional personnel for corrections. There shall be no delay of regular maintenance to complete corrections.

DAMAGE TO IMPROVEMENTS AND PROTECTION OF PROPERTY
Contractor shall be held responsible for the preservation and protection of all public and private property and improvements adjacent to the work area and shall exercise due caution to avoid and prevent any damage to adjacent property and/or improvements. Should any direct or indirect damage or injury result to any public or private property or to any persons encountered in the course of work on account of any act, omission, neglect, or misconduct in the execution of the work, or as a consequence of non-execution thereof on the part of the Contractor or any of their employees or agent, such property or person shall be restored and made whole at the expense of the contractor.

Where personal property may be affected by Contractor's operations that the Contractor cannot effectively protect, Contractor shall notify the potentially affected property owner(s) prior to the operations so that steps can be taken to protect the personal property. Contractor shall notify City within 24 hours of any damage to any City or private amenities/improvements/property caused by Contractor.

Contractor shall take all reasonable measures to prevent accidental spills of fuel or oil for Contractor's equipment. In the event of such spill, immediately remove all spilled material, properly dispose of the spilled material and any material used in clean-up/absorption of the spilled material, and, if necessary, notify the proper authorities in accordance with applicable law.

EXHIBIT A Page 15 of 44 ATTACHMENT A 654
City of Stockton Public Works Department Project No. OM-23-087 Elevator Maintenance & Repair Services |SCOPE OF WORK
SAFETY
Contractor shall be solely responsible for the safety and welfare of all Contractor’s personnel performing work under this contract. Contractor is solely responsible for advising and educating all potentially affected personnel about the health hazards associated with this work prior to personnel commencing work under this contract. Contractor shall have an injury and illness prevention program (IIPP) in accordance with applicable Local, State, and Federal Laws and shall provide a copy of the program to the City.

All work shall be performed with the utmost concern for safety of city staff, the workers, and the public. Where necessary, contractor shall barricade or temporarily close to the public those areas where work is being performed.

LANE CLOSURES AND TRAFFIC CONTROL
Any contemplated lane closures must have prior approval by the City. The Contractor shall provide the City Representative a work schedule and schedule of any contemplated lane closures. All traffic control shall conform to the Work Area Traffic Control handbook, a.k.a. the WATCH Manual.

WORK AND MATERIALS FURNISHED
Contractor work to be performed shall consist of furnishing all materials, labor, tools and equipment required to provide 100% maintenance and repair services for the elevators and lifts described in Exhibit B, Cost Proposal Sheet, all in complete compliance herein. Any work not specifically mentioned, but which is needed to make the work complete within the intent of the scope, shall be performed without additional cost.

A. Furnish consumable supplies such as rags, cleaning materials, solvents, preservatives, oil, grease and other lubricants necessary to clean and lubricate the equipment as required.

B. When required or necessary, adjust, repair, or replace machine, motor, generator and controller parts including: generator, worm gears, thrusts, bearings, brake magnet coils, brake shoes, brushes, windings, communicators, armature coils, contacts, resistance unit, magnet frames, sheaves, shafts, bearings, plungers, pumping plants, tanks, piping, operating valves and all other mechanical parts in accordance with original equipment manufacturer’s specifications.

C. Supply, repair, clean and replace all parts as required by wear and tear.

D. Lubricate guide rails and, when necessary, repair or renew car guide shoes, counter–weight guide shoes and gibs; adjust or replace belts and, when necessary, equalize the tension on all hoisting ropes; renew, when necessary, all wire rope cables, and repair or replace conductor trail cables; replace fuses and indicator bulbs in operating panels, stations and indicators; renew, when necessary, wiring for shaftway door interlocks, and for push button and car operating stations; and repair or replace renewal parts of the automatic car door operator and their accessory equipment. Replace broken/burned out light bulbs inside the elevator cars. Extra bulbs can be stored at the site.

E. Keep equipment pits and machinery spaces clean, including pits exposed to outside elements. Elevator pit sump pumps will be repaired by the City should regular cleaning and maintenance be done properly by the contractor; however, Contractor shall notify the Project EXHIBIT A Page 16 of 44 ATTACHMENT A 655
City of Stockton Public Works Department Project No. OM-23-087 Elevator Maintenance & Repair Services |SCOPE OF WORK
Manager in writing of any malfunction.

F. Test emergency lighting, fireman service and other emergency operating devices and seismic operation on a monthly basis. Check intercoms/telephones during each service visit.

G. Test all safety devices, governors, buffers, etc., per ANSI and National Elevator Safety Code, State, or manufacturers specification requirements and periodicities. Contractor shall promptly correct any defects that may be found during the testing and examining of the safety devices and shall send a notice to the Project Manager advising of the tests and corrections.

Testing shall be performed in the presence of the duly authorized City Representative and written reports of the test results shall be provided.

H. The following tests shall be performed within the required periodicity for each unit, in accordance with each unit’s testing and maintenance records, and in the presence of the duly authorized City Representative. A written report of the test results shall be provided to the Project Manager. No load tests shall be performed on electric elevators. a. Buffer tests on oil buffers
b. By-pass settings and drift check on hydro elevators
c. Any testing required for California State Permitting I. Keep exterior of the machinery and any other parts of the equipment that are subject to rust, properly painted and presentable at all times. Motor windings and controller coils are to be periodically treated with proper insulating compound in accordance with manufacturer’s specifications.

J. Each elevator and its supporting machinery shall be maintained in accordance with the manufacturer’s specifications and periodicities.

REQUIRED RESPONSE AND REPAIR TIMES
A. Except for emergency call-back service and minor repairs and/or adjustments hereinafter provided for, all preventative maintenance work shall be performed during working hours.

Regular working hours are from 7:00 a.m. until 5:00 p.m. Contractor shall reference the City’s work schedule, as provided in Exhibit C, when scheduling work or inspections.

B. No equipment requiring repair shall be allowed to remain out of service due to lack of diligent effort by the Contractor. Any parts or equipment locally available will be purchased locally if necessary to expedite the job. Repairs shall begin and be carried to completion, as soon as possible, unless other arrangements are approved by the City’s Representative.

C. Equipment shutdowns for regular maintenance or extra examinations must be scheduled at least three (3) days in advance with the designated City Representative so as not to interfere with building operations during normal usage times.

D. Contractor shall diligently execute work to minimize the time the property is open to the street/sidewalk/public access spaces. Contractor shall start work so it is completed before a weekend. Contractor shall not leave the property open to the street/sidewalk/public access spaces over a weekend.

EXHIBIT A Page 17 of 44 ATTACHMENT A 656
City of Stockton Public Works Department Project No. OM-23-087 Elevator Maintenance & Repair Services |SCOPE OF WORK
E. All maintenance work using equipment powered by an internal combustion engine, including, but not limited to, chain saws, blowers, chippers, and any other heavy equipment, is expected to be performed between the hours of 8:00 a.m. and 5:00 p.m.

EMERGENCY WORK – TROUBLE AND ENTRAPMENT CALLS
A. When an elevator is reported stuck and passengers are entrapped between normal business hours of 7:00 a.m. to 7:00 p.m. Monday through Friday, except if the day lands on a City Holiday, the Contractor’s service technician is required to arrive to the reported site within thirty (30) minutes of the initial notification. For all other times, Contractor must be able to respond to emergencies by having a service person onsite within sixty (60) minutes for a stuck and occupied elevator.

B. In the event an elevator is reported shut down without trapped passengers, Contractor’s service person shall arrive to the site within two (2) hours notification.

C. All work of a call-back nature or trouble and entrapment calls shall be treated as an emergency and work commenced shall be carried through to complete without delay. Provide 24-hour emergency call-back service for all equipment hereunder at no additional cost to the City.

Emergency call-back service shall consist of prompt response to requests from authorized representatives for emergency service on any day of the week, at any hour of the day or night.

An emergency call-back is defined as any necessity for maintenance, minor repair and/or adjustment of equipment between regular service calls to restore normal equipment operation. Failure to furnish emergency call-back service within the allotted time of notification of need could result in a deduction of 5% on billing and continued failure may result in Contract termination. Cost for emergency service described herein shall be included in the monthly rate of the contract.

D. Contractor shall at all times, 24-hours per day, 7 days a week have a back-up mechanic on stand-by to respond to emergency call-backs or necessary after-hours repairs, in the minimum time frames as specified.

EQUIPMENT PERFORMANCE
A. Operational performance standards for elevators maintained under this Contract are to be brought up to and maintained at manufacturer’s standards or current Elevator Safety Orders of the California Code of Regulations, whichever is more stringent. These performance standards shall be maintained at all times during the Contract.

B. Periodic checks of the condition and performance of equipment will be made by the duly authorized City Representative.

C. Contractor shall also make adjustments in door waiting times, security access adjustments, etc., to suit building requirements when so requested by the Project Manager or their designee.

D. Repairs or renewals necessitated by ordinary wear and tear only shall apply to this Contract, and the Contractor shall not be required to make adjustments, repairs, or renewals necessitated by reason of negligence on the part of others or by the misuse of the equipment.

For any such repairs, adjustments or renewals that are outside the scope of this Contract, the Contractor will furnish a detailed justification and proof of negligence, and cost estimate for EXHIBIT A Page 18 of 44 ATTACHMENT A 657
City of Stockton Public Works Department Project No. OM-23-087 Elevator Maintenance & Repair Services |SCOPE OF WORK
the services and materials necessary to correct the deficiency. If the repair proposal and justification is acceptable by the City, a separate purchase order will be issued. City reserves the right to obtain additional quotes.

E. The repair, refinishing or replacement of the following are not included in this Agreement; car and hoistway enclosures; car and hoistway door panel frames and sills; power switches or fuses for same; power wiring to the controller; hydraulic elevator cylinders and underground piping.

F. The time and expense for emergency callback service shall be a part of this Contract. If the adjustment, repair, renewal etc. is determined to be outside the scope of this Contract, an extra charge will be allowed for the expenses required to make adjustments, repairs or renewals if the foregoing procedures are followed.

SCHEDULES AND RECORDS REQUIRED
A. Contractor shall prepare and submit to the Project Manager a schedule giving the projected dates for all inspections, lubrication, adjustments, tests, cleaning, repairing and other maintenance activities for each unit to be maintained.

B. These work schedules shall be designed for each type of equipment to be serviced, such as geared elevators, hydraulic elevators, and dumbwaiters, and shall confirm to the manufacturer’s recommended practice for the particular equipment concerned. They shall show the kind and frequency of service and lubrication proposed by the Contractor for the duration of the Contract. The Project Manager will evaluate and approve proposed work schedules. These records shall be the property of the City.

C. After approval of schedules by the Project Manager, Contractor shall keep these work schedules on display in each equipment room and perform regular maintenance service in accordance therewith. Schedules posted shall be of the chart type that shall be initialed by the service worker when each scheduled inspection is performed.

D. Contractor shall maintain an accurate record of routine and repair work for all work completed for the City through the City’s computerized maintenance management system. Contractor shall accurately log work time, material, and labor for all completed work within two (2) business days. Training, set-up, and technical support will be provided by the City on the Contractor’s provided computer system(s).

E. Contractor shall also maintain an accurate and complete log of all work performed in addition to routine inspection at each location. These logs shall include emergency callback service describing the nature of all complaints and their resolution. The logs shall be kept in the equipment rooms at each location. These logs shall be the property of the City. In order to avoid repetitive service calls for the same service issues at the same site, after two (2) callbacks for the same service problem within a six (6) month period, all costs associated with the callbacks and repairs shall be the responsibility of the contractor and at no cost to the City.

F. All forms required for the above schedules, work sheets, callback records, and performance reports must be approved by the Project Manager in writing.

EXHIBIT A Page 19 of 44 ATTACHMENT A 658
City of Stockton Public Works Department Project No. OM-23-087 Elevator Maintenance & Repair Services |SCOPE OF WORK

WIRING AND CONSTRUCTION PRINTS
A. All wiring and construction prints or diagrams of elevator and dumbwaiter systems in City buildings covered under this Contract are the property of the City and, upon expiration or termination of this Contract shall be returned to the Project Manager. All changes in circuitry made by the Contractor shall be properly recorded on the diagram, including date of change and name of person making change.

B. All changes to diagrams and new diagrams furnished shall be maintained with existing records kept in the elevator machine room.

C. Existing straight line or schematic diagrams maintained in elevator machine room are to be kept in good condition and repair, so as to allow use of same. If deterioration or damage is done to the above diagrams, the Contractor shall supply a new set conforming with above and mount in the elevator machine room.

SHUTDOWN PROCEDURE
A. Any elevator that is shut down for any reason shall be immediately reported to the Project Manager or designee at 209-937-8954 with full disclosure of problem and procedures being taken to reactivate the equipment along with projected startup time. Should the unplanned or pre-approved shutdown be an extended period of time, the City reserves the right to “prorate” the maintenance charge for the period of shutdown.

B. When the elevator is shut down, Contractor shall place an “Out of Order” sign at all entrances to the elevator.

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ATTACHMENT A 660

DEPARTMENT OF INDUSTRIAL RELATIONS

LABOR COMPLIANCE

SELF-CERTIFICATION
We, the undersigned, self-certify that we will comply with all California Department of Industrial Relations (DIR) laws, rules and regulations that apply to Public Work as defined in Labor Code Section 1720(a)(1 ), as well as Senate Bill 854 (2014 ), and all other related statutes.

In addition, we acknowledge that to be eligible to bid on City of Stockton Public Works projects, we and all subcontractors under us are registered, and will remain registered with the DIR until project completion; otherwise, we will be disqualified from consideration as a bidder for the subject project.

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ATTACHMENT A 662
ATTACHMENT A 663
ATTACHMENT A 664
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Exhibit C:

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

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

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

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

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if contractor provides written verification it has no employees)
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or EXHIBIT C Page 27 of 44 ATTACHMENT A 666
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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 endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

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

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

Special Risks or Circumstances
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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 St, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT C Page 30 of 44 ATTACHMENT A 669
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.

II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.

All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.

C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.

D. All City employees and non-employees share a responsibility to assist in EXHIBIT D Page 31 of 44 ATTACHMENT A 670
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ATTACHMENT B

FUNDING ACCOUNTS

ELEVATOR MAINTENANCE AND REPAIR
SERVICES, PROJECT NO. OM-23-087
ACCOUNT NAME ACCOUNT NUMBER FY 23-24
AMOUNT
FY 24-25
AMOUNT
FY 25-26
AMOUNT
FY 26-27
AMOUNT
FY 27-28
AMOUNT
Public Works
Facilities
Maintenance, Crafts
Maintenance & Repair
4520-703-630013-100-000-30-
45-000-000 $38,260 $38,260 $38,260 $38,260 $38,260
Police Fleet &
Facilities,
Maintenance & Repair
3511-302-630013-100-000-20-
35-000-000 $2,400 $2,400 $2,400 $2,400 $2,400
Community
Development
Administration,
Maintenance & Repair
5510-000-630013-220-221-10-
55-000-000 $1,164 $1,164 $1,164 $1,164 $1,164
ANNUAL TOTAL $41,824 $41,824 $41,824 $41,824 $41,824
TOTAL CONTRACT AMOUNT $209,120
684
City of Stockton
Legislation Text
File #: 23-0480, Version: 1

APPROVE A MOTION TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH DR

ASSOCIATES INTERNATIONAL AND THE GUMSHOE GROUP FOR PRE-EMPLOYMENT

BACKGROUND AND PERSONNEL INVESTIGATION SERVICES

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

1. Authorize the City Manager, or designee, to execute a Professional Services Agreement with DR Associates International to provide preemployment background and personnel investigation services for the City of Stockton Fire and Police Departments in the amount not to exceed $475,000 for a five-year term;

2. Authorize the City Manager, or designee, to execute a Professional Services Agreement with The Gumshoe Group to provide preemployment background and personnel investigation services for the City of Stockton Fire and Police Departments in the amount not to exceed $100,000 for a five-year term;

3. Approve findings that support an exception to the competitive bidding process; and

4. Authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this motion.

Summary
The Fire and Police Departments (SFD & SPD) require preemployment background investigations for all prospective sworn personnel. These investigations include personal interviews, education and employment verification, and review of criminal history, driving record, military service, social media, personal references, and other pertinent information useful in identifying unfit candidates.

A formal Request for Proposals (RFP) was advertised, and three firms submitted proposals. The Selection Committee evaluated each proposal and found DR Associates International and The Gumshoe Group to be the most qualified and highest ranked proponents.

It is recommended Council approve a motion authorizing the City Manager to execute Professional Services Agreements with DR Associates International and The Gumshoe Group in the amount of $475,000 and $100,000 respectively, for a term of five (5) years each.

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DISCUSSION
Background
SFD and SPD require preemployment background investigations for all prospective sworn personnel to ensure candidates being considered for employment have the necessary qualifications, character, and fitness to serve in public safety. Preemployment background investigations serve as a crucial verification mechanism for the information provided by candidates during the hiring process, such as their educational and employment history, criminal record, and driving history. Additionally, background investigations identify potential warning signs that may indicate a candidate is unsuitable for the job, such as a history of drug or alcohol abuse, financial irresponsibility, or violent behavior.

These investigations help ensure each department is selecting candidates with the highest standards of integrity, honesty, and professionalism.

On February 27, 2018, City Council approved motion 2018-02-27-1113 for a five-year agreement with DR Associates International for SFD preemployment background and personnel investigation services. This agreement expired March 13, 2023. Currently, SPD performs internal background investigations and does not have an agreement for background investigation services.

Present Situation
SPD currently conducts in-house background investigations but is seeking to supplement these services to meet rising demand. Similarly, SFD has augmented their hiring needs by doubling the number of fire academies from one to two per year. Following discussions between SPD, SFD, and the Procurement Division, the decision was made to issue a Request for Proposals (RFP) and award contracts to multiple vendors. This approach would help ease vendor capacity constraints and enable both departments to effectively address their increasing background investigation requirements.

Moreover, the dependence on a single vendor has posed challenges in the past, particularly during periods of high demand for services or due to scheduling constraints such as pre-planned vacations.

On December 1, 2022, SFD and SPD jointly advertised an RFP for background investigation services. On January 5, 2023, proposals were submitted by three firms, namely Creative Security Company, Inc. (San Jose, CA), DR Associates International (Davis, CA), and The Gumshoe Group (Vacaville, CA). A Selection Committee, consisting of staff from both SFD and SPD, evaluated and ranked all proposals based on the proponents' qualifications, professional experience, industry expertise, and capacity to meet each department's demands. Following a thorough evaluation process, DR Associates International and The Gumshoe Group were ranked as the two most qualified proponents. Both firms possess the necessary qualifications, resources, and experience to provide preemployment background and personnel investigations for the Fire and Police Departments.

Staff recommends a Professional Services Agreement with DR Associates International. Based on DR Associates International’s proposed fees and the anticipated number of investigations, staff estimates the cost for services to be $95,000 annually. Staff recommends a five (5) year agreement for an amount not to exceed $475,000 over the term of the agreement.

Staff also recommends a Professional Services Agreement with The Gumshoe Group . Based on The Gumshoe Group’s proposed fees and the anticipated number of investigations, staff estimates City of Stockton Page 2 of 3 Printed on 5/17/2023
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the cost for services to be $20,000 annually. Staff recommends a five (5) year agreement for an amount not to exceed $100,000 over the term of the agreement.

Findings
Pursuant to SMC section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. The proposed findings include:

1. The Fire and Police Departments require preemployment background investigations for all prospective sworn personnel.

2. Use of the RFP process is appropriate for these services because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of these criteria helps ensure selection of a vendor(s) that will provide professional, responsive, and timely service.

3. DR Associates International and The Gumshoe Group were the highest-ranking proponents.

The recommended motion will approve five-year Professional Services Agreements for $475,000 with DR Associates International and $100,000 with The Gumshoe Group for pre-employment background and personnel investigations for the Fire and Police Departments.

FINANCIAL SUMMARY
SFD has an annual budget allocation of $50,000 in General Fund Administration account 4010-000- 630006-100-000-20-40-000-000- for preemployment background and personnel investigation services. SFD will increase this budget allocation as needed in future years to fund the cost of the proposed agreements. SPD will allocate $20,000 in account 3514-000-630006-100-115-20-35-000- 000- for the initial contract year. After the initial year, SPD will review vendor performance and determine feasibility of expanded use of an external background investigator. Should SPD decide to continue or expand services, SPD will increase their budget allocation as needed to fund the remaining balance of the agreements.

Attachment A - DR Associates Agreement
Attachment B - Gumshoe Group Agreement
City of Stockton Page 3 of 3 Printed on 5/17/2023
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687

CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton ("City") and I Agreement Number:

DR Associates International ("Contractor") to provide investigation services 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: 6/30/2028

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: $ !475,000 I

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 D IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
DR Associates International
Co tr. ctor's ame (if other than an individual, state whether a corporation, partnership, etc.):

Authorized Signature
[)1/v, o I� FIi hen , ()wt1e.-r
Printed Name and Title of Person Signing
P11t1 21r11. Z>Avi.s,c11
7 , Address

CITY OF STOCKTON
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)
1 1-l1�ZI/ZJ
Date
Date
ATTACHMENT A 688

1. 2.

3. Project Objectives

EXHIBIT A

STATEMENT OF WORK

1.1 To provide preemployment background investigation and personnel investigation services.

Proiect Scope

2.1 Contractor shall provide preemployment background investigations and personnel investigations (Services) for prospective, part-time, and full-time, employees (Subject) for both sworn and civilian positions for the City of Stockton's Fire and Police Departments (Department).

2.2 Contractor shall be available to provide Services Monday through Friday, except for federal holidays. City understands Contractor provides services for other clients and Services will be provided on a first come, first served basis.

2.3 In the event Contractor schedules time-off, or is otherwise unable to schedule Services, Contractor shall make their best effort to inform the City as soon as reasonably possible.

Specifications

3.1 Preemployment Background Investigations

3.1.1 Contractor shall conduct preemployment background investigations in accordance with California Commission on Peace Officer Standards and Training (POST) as defined in the California Code of Regulations (Cal. Code Regs. tit. 11 § 1953).

3.1.2 Contractor shall coordinate all preemployment background investigations with designated City staff to ensure adherence to all rules and regulations defined in the City's Charter, Municipal Code, Civil Service Rules, Administrative Directives, and Department Policies and Procedures.

3.1.3 Contractor shall provide services on an as-need basis, as requested by designated City staff.

3.1.4 City will provide Contractor with all necessary Subject information (contact numbers, email address, references, etc.) to provide Services.
1 (Rev. 10.30.18)
ATTACHMENT A 689

3.1.4.1 Once Contractor has received Subject information from City, City and Contractor shall agree upon an estimated completion date for Services.

3.1.4.1.1 Contractor shall make their best effort to meet the estimated completion date.

3.1.4.1.2 In the event Contractor cannot meet the estimated completion date, Contractor shall notify City as
soon as reasonably practicable.

3.1.4.2 Contractor shall coordinate directly with Subject to schedule all necessary interviews, phone calls, and/or meetings.

3.1.4.3 In the event Subject or City cancels an appointment for Services, the scheduled appointment time shall remain
available to the City to fill with an alternative Subject. 3 .1.4.3.1 City will provide Contractor with the name of an alternative Subject within two (2) business days.

3.1.4.3.2 If after two (2) business days the City has failed to schedule an alternative Subject, the Contractor
may release the appointment time at no cost to the
City.

3.2 Personnel Investigations

3.2.1 Contractor shall conduct firefighter personnel investigations in accordance with the California Government Code Firefighters Procedural Bill of Rights Act (Cal. Govt. Code tit. 1 § 3250-3262).

3.2.2 Contractor shall conduct police officer personnel investigations in accordance with the California Government Code Public Safety Officers Procedural Bill of Rights Act (Cal. Govt. Code tit. 1 § 3300- 3313).

3.2.3 Contractor shall coordinate all personnel investigations with designated City staff to ensure adherence to all rules and regulations defined in the City's Charter, Municipal Code, Civil Service Rules, Administrative Directives, and Department Policies and Procedures.

3.2.4 Contractor shall release all investigative documentation, when requested by City, within three (3) business days.
2 (Rev. 10.30.18}
ATTACHMENT A 690

4. 3.2.5 Contractor shall be available for the purpose of defense in any investigation resulting in litigation or arbitration.

3.2.6 Contractor shall provide services on an as-need basis, as requested by designated City staff.

Internal and External Standards and Guidelines

4.1 Contractor investigators shall be POST certified.

4.2 Contractor shall immediately inform City of any conflict of interest related to a Subject.

4.3 Contractor shall immediately inform City of any arrests, indictments, or other criminal issues related to any investigator providing Services under this Agreement.

4.4 Contractor shall not disclose to any person, any information gained during an investigation except where such disclosure is required by law or is requested by City.

5. Criteria of Acceptance for Deliverables

5.1 In accordance with Section 3.1 above, Contractor preemployment background investigation reports shall include, but are not limited to:
• Personal Interview • Verification of Prior Worker's
• Education Verification and Compensation Claims
Related Transcripts • Driving Record
• Employment Verification • Financial History
• Disciplinary Actions • Military History
• Legal Criminal History • Social Media
Including Convictions • Illegal Substance Use
• Litigation Civil History • Employment References
• Personal References

5.2 In accordance with Section 3.2 above, Contractor personnel investigation reports shall include, but are not limited to:
(Rev. 10.30.18)
• Complainant Statement
• Witness Interview Statements
• Fact Findings
• Analysis of Violations Related to City and/or Department Policies • Comprehensive Findings
3 ATTACHMENT A 691

6. 5.3 Contractor shall submit investigation reports in .pdf format, via email, to designated City staff.

5.4 Contractor shall review all reports for quality and accuracy prior to submission of the final report to the City.

5.5 Upon City request, Contractor shall be available to discuss each report with designated City staff.

Notices
Pursuant to Exhibit C - General Terms and Conditions, Paragraph 15 - Notices, the mailing address for all required notices is as follows:

Contractor: DR Associates International
Attn: David Reuben
PO Box2399
Davis, CA 95618
4 City: City of Stockton
Attn: City Manager
425 N. El Dorado Street
Stockton, CA 95202
(Rev. 10.30.18)
ATTACHMENT A 692
REV 2022-05-17
Exhibit B:

Insurance Requirements
(Background Investigations)
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 (nonowned), 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 verification 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:

ATTACHMENT A 693
REV 2022-05-17
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 ATTACHMENT A 694
REV 2022-05-17
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 of work.

3. If coverage is canceled or non-renewed, and not replaced with another claimsmade 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.

ATTACHMENT A 695
REV 2022-05-17
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.

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
ATTACHMENT A 696

EXHIBITC

GENERAL TERMS AND CONDITIONS

1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.

2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1 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 (Rev. 10.30.18; Mod 07.12.22 SG)
ATTACHMENT A 697
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 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 Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.

8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor's Status.

9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 (Rev. 10.30.18; Mod 07.12.22 SG)
ATTACHMENT A 698
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 respon�ibility 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 (Rev. 10.30.18; Mod 07.12.22 SG)
ATTACHMENT A 699

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 (Rev. 10.30.18; Mod 07.12.22 SG)
ATTACHMENT A 700

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 (Rev. 10.30.18; Mod 07.12.22 SG)
ATTACHMENT A 701

24. Severabilitv. 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 Maieure. 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 (Rev. 10.30.18; Mod 07.12.22 SG)
ATTACHMENT A 702

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.
7 (Rev. 10.30.18; Mod 07.12.22 SG)
ATTACHMENT A 703

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 Services, 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 1 (Rev. 07.12.22)
ATTACHMENT A 704
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:

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 members of Contractor's profession currently practicing under similar conditions. Contractor shall comply with the profession's standard of performance, applicable laws, regulations, and industry standards. By 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, 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 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 2 (Rev. 07.12.22)
ATTACHMENT A 705
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. Personnel

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.

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 taxes incurred as a result 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 personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this 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.
3 (Rev. 07.12.22)
ATTACHMENT A 706

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 contest such required disclosure.

9. Copyright
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. 4 (Rev. 07.12.22)
ATTACHMENT A 707

EXHIBIT E

COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $475,000 (hereafter the "not to exceed" amount). The "not to exceed" amount includes all payments to be made pursuant to this Agreement. 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.

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. Price. Below is the price for the services as described in Exhibit A of this Agreement.
$1,150 each
$1,500 each
TOTAL NOT TO EXCEED $475,000

2.1 In the event Services are cancelled by the City, Contractor shall prorate all partially completed services according to the percentage of work completed.

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. Each department shall be invoiced separately.

Fire Department invoices
[email protected].
shall be submitted electronically to
Police Department invoices shall be submitted electronically to PDI [email protected]. 1 (Rev. 10.30.18)
ATTACHMENT A 708

EXHIBIT F

TIMELINE

1.1 Contractor shall complete the services identified in Exhibit A on an as needed basis, as requested by the City.
(Rev, 10.27.22)
ATTACHMENT A 709

EXHIBITG

SPECIAL FUNDING TERMS AND CONDITIONS
Not Applicable - Intentionally Left Blank
(Rev, 10.27.22)
ATTACHMENT A 710

CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton ("City") and I Agreement Number:

The Gumshoe Group ("Contractor") to provide investigation services 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: 6/30/2028

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: $1100,000 I

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 D IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
The Gumshoe Group
Autho · ea i nature
� /INrwirYL . C f::'O
Printed �m�nd Title of Pers6n Signing
I /J,O,, /3()'{ / l/7:J-I , ;, J//t cA V f U � I , (AAddress Harry Black, City Manager
ATTEST:

Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:
(Rev. 10.27.22)

CITY OF STOCKTON
1 Date
Date
ATTACHMENT B 711

1. 2.

3. Proiect Objectives

EXHIBIT A

STATEMENT OF WORK

1.1 To provide preemployment background investigation and personnel investigation services.

Proiect Scope

2.3 In the event Contractor schedules time-off, or is otherwise unable to schedule Services, Contractor shall make their best effort to inform the City as soon as reasonably possible.

Specifications

3.1 Preemployment Background Investigations

3.1.3 Contractor shall provide services on an as-need basis, as requested by designated City staff.

3.1.4 City will provide Contractor with all necessary Subject information ( contact numbers, email address, references, etc.) to provide Services.
1 (Rev. 10.30.18}
ATTACHMENT B 712

3.1.4.1 Once Contractor has received Subject information from City, City and Contractor shall agree upon an estimated completion date for Services.

3.1.4.1.1 Contractor shall make their best effort to meet the estimated completion date.

3.1.4.1.2 In the event Contractor cannot meet the estimated completion date, Contractor shall notify City as
soon as reasonably practicable.

3.1.4.2 Contractor shall coordinate directly with Subject to schedule all necessary interviews, phone calls, and/or meetings.

3.1.4.3 In the event Subject or City cancels an appointment for Services, the scheduled appointment time shall remain
available to the City to fill with an alternative Subject.

3.1.4.3.1 City will provide Contractor with the name of an alternative Subject within two (2) business days.

3.1.4.3.2 If after two (2) business days the City has failed to schedule an alternative Subject, the Contractor
may release the appointment time at no cost to the
City.

3.2 Personnel Investigations

3.2.1 Contractor shall conduct firefighter personnel investigations in accordance with the California Government Code Firefighters Procedural Bill of Rights Act (Cal. Govt. Code tit. 1 § 3250-3262).

3.2.4 Contractor shall release all investigative documentation, when requested by City, within three (3) business days.
2 (Rev. 10.30.18)
ATTACHMENT B 713

3.2.5 Contractor shall be available for the purpose of defense in any investigation resulting in litigation or arbitration.

3.2.6 Contractor shall provide services on an as-need basis, as requested by designated City staff.

4. Internal and External Standards and Guidelines

5. 4.1 Contractor investigators shall be POST certified.

4.2 Contractor shall immediately inform City of any conflict of interest related to a Subject.

4.3 Contractor shall immediately inform City of any arrests, indictments, or other criminal issues related to any investigator providing Services under this Agreement.

4.4 Contractor shall not disclose to any person, any information gained during an investigation except where such disclosure is required by law or is requested by City.

Criteria of Acceptance for Deliverables

5.2 In accordance with Section 3.2 above, Contractor personnel investigation reports shall include, but are not limited to:
• Complainant Statement
• Witness Interview Statements
• Fact Findings
• Analysis of Violations Related to City and/or Department Policies • Comprehensive Findings
3 (Rev. 10.30.18)
ATTACHMENT B 714

5.3 Contractor shall submit investigation reports in .pdf format, via email, to designated City staff.

5.4 Contractor shall review all reports for quality and accuracy prior to submission of the final report to the City.

5.5 Upon City request, Contractor shall be available to discuss each report with designated City staff.

6. Notices
Pursuant to Exhibit C - General Terms and Conditions, Paragraph 15 - Notices, the mailing address for all required notices is as follows:

Contractor: The Gumshoe Group
Attn: Ken Kramer
P.O. BOX 1472
Vacaville, CA 95696
(Rev. 10.30.18)
4 City: City of Stockton
Attn: City Manager
425 N. El Dorado Street
Stockton, CA 95202
ATTACHMENT B 715
REV 2022-05-17
Exhibit B:

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

1. Commercial General Liability (CGL): Insurance Setvices 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 Setvices Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

ATTACHMENT B 716
REV 2022-05-17
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.

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 ATTACHMENT B 717
REV 2022-05-17
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.

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 of work.

ATTACHMENT B 718
REV 2022-05-17
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.

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
ATTACHMENT B 719

EXHIBIT C

GENERAL TERMS AND CONDITIONS

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

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 (Rev. 10.30.18; Mod 07.12.22 SG)
ATTACHMENT B 720
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.

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.

9.2 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 (Rev. 10.30.18; Mod 07.12.22 SG)
ATTACHMENT B 721
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.

10. Subcontractor.

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.

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 8 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.

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.

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.

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.

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.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this 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.

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 Services, 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 1 (Rev. 07.12.22)
ATTACHMENT B 727
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:

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 members of Contractor's profession currently practicing under similar conditions. Contractor shall comply with the profession's standard of performance, applicable laws, regulations, and industry standards. By 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, 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.

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 2 (Rev. 07.12.22)
ATTACHMENT B 728
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. Personnel

EXHIBIT E

COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $100,000 (hereafter the "not to exceed" amount). The "not to exceed" amount includes all payments to be made pursuant to this Agreement. 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.

2. Price. Below is the price for the services as described in Exhibit A of this Agreement.

Task Description Price
1 Preemolovment Backqround lnvestiaation $1,800 each
2 Personnel lnvestiqation $175 per hour
3 POST-Oral Interview $100 each
4 Comouter Voice Stress Analysis $400 each
5 Expedited Service Fee (see Section 2.1 below) 25%
TOTAL NOT TO EXCEED $100,000

2.1 Expedited service requests may incur an expedited service fee, which shall not exceed 25% of the original service price, as outlined in Section 2 above. (Rev. 10.30.18)

2.1.1 Contractor shall inform City of all service requests that may be subject to the expedited service fee.

2.1.2 Contractor shall be prohibited from proceeding with any service requests that may incur the expedited service fee without prior authorization from designated City staff, which shall be communicated via email.
1 ATTACHMENT B 731

2.1.3 Contractor acknowledges that an initial service request is not authorization for expedited services subject to the expedited service fee.

2.1.4 Services performed by Contractor fourteen (14) or more calendar days after City's initial service request shall not be subject to any expedited service fees.

2.2 Prorated Services - In the event Services are cancelled by City, Contractor shall prorate all partially completed services. A background investigation shall be considered completed once 50% or more of the work is complete, the candidate background interview has occurred, or Contractor has been actively working on the file for 15 business days. Contractor shall invoice City for prorated services at $95 per hour for actual hours incurred. At no time shall the prorated total exceed the flat-rate pricing in Section 2 above.

2.3 Rate Increases: Contractor pricing shall not increase at any time without prior written amendment signed by both Contractor and City.

3. Travel Fees. Background investigations may require travel out of the Service Area to conduct reference checks, neighborhood checks, employment checks, or other associated investigations. When this occurs, Contractor shall provide City an estimate for all travel expenses for preapproval. City may request alternative methods to complete an investigation in lieu of travel authorization.

3.1 Service Area - Service Area shall be defined as within 75 miles, as the crow flies, from 400 E. Main St., Stockton, CA 95202.

3.2 Locations beyond the Service Area shall be subject to mileage, hourly, and other travel expenses according to the following table:

Exoense Rate
Mileaqe Reimbursement $.585 per mile
Backoround lnvestiqator Rate $95 per hour
Air Travel, Car Rental, Hotel, etc. Cost olus 10%
Per Diem - M&IE GSA rate plus 10%

4. 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. Each department shall be invoiced separately. • Fire Department invoices shall be submitted electronically to [email protected].
• Police Department invoices shall be submitted electronically to PD[email protected]. 2 (Rev. 10.30.18)
ATTACHMENT B 732

EXHIBIT F

TIMELINE

1.1 Contractor shall complete the services identified in Exhibit A on an as needed basis, as requested by the City.
(Rev, 10.27.22)
ATTACHMENT B 733

EXHIBIT G

SPECIAL FUNDING TERMS AND CONDITIONS
Not Applicable- Intentionally Left Blank
(Rev, 10.27.22)
ATTACHMENT B 734
City of Stockton
Legislation Text
File #: 23-0523, Version: 1

PRESENTATION ON THE VALLEY LINK RAIL PROJECT

RECOMMENDATION
Informational presentation by the Tri-Valley - San Joaquin Valley Regional Rail Authority on the Valley Link Rail Project.

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Valley Link Rail Project
Agenda Item 15.1
Stockton City Council Meeting
May 23, 2023
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Project Overview
2 • 42-mile Alignment
• 2 Phases (22- and 20-miles)
• New track and 7 stations
• Mega-Regional Connectivity
• BART/ACE/CAHSR
737
Project Overview
3 Initial Operating Phase
• 22-miles of new track
• 4 Stations
• Layover and operations
and maintenance /
support facility sites
• Connectivity to existing
passenger rail systems
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Project Need and Benefits
4 Addresses California’s Crises:
 Climate
• Reduces Greenhouse Gas Emissions
• Brings new riders to existing transit • Provides resiliency in the transportation system  Housing Affordability • Connects affordable housing in Northern San Joaquin Valley to higher paying jobs in Bay Area
 Racial Inequity and Income Inequality
• Serves one of the State’s most significant areas
of California Climate Investments Priority
Populations for both State designated
disadvantage and low-income communities
• Creates new jobs and promotes economic
recovery
By 2040
739
Vision of Future Interoperability with ACE
5 740
Schedule
6 Subsequent CEQA / NEPA
Environmental
741
Total project cost = $1.86 billion
Measure BB $400 Million
Bridge Toll $188 Million
Local Agency Contributions $200 Million
State Transportation Funds $30 Million
Developer Fees $26 Million
Total $844 Million
7 Over one-third of funds identified for
the project through local sources:

Targeted funds to complete project:

Federal CIG - New Starts $450 Million
State Transportation Funds $575 Million
Total $1.02 Billion
Funding
• Approved by the Federal Transit Administration
(FTA) into Project Development under the
Capital Investment Grants (CIG) Program – the
largest federal transit funding program
• Adopted as a regional CIG Program priority in
Metropolitan Transportation Commission’s
(MTC) Regional Grant Strategy for the federal
Bipartisan Infrastructure Law
• Endorsed by MTC for project development
funding under the State of California’s recent
Transit and Intercity Rail Capital Program
(TIRCP) cycle resulting in $25 million award
742
8 Valley Link Dublin/Pleasanton Station
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VL D/P Station Connectivity to BART
9 • 250 feet between
station entrances
• Estimated 3 to 5
minutes total walking
time between station
platforms
• Consistent and
compatible with Iron
Horse Trail Project
744
10 VL D/P Station Passenger Experience
• Iron Horse Trail
Project will further
enhance corridor for
pedestrian and
bicycle access,
safety and
connectivity
• Iron Horse Trail
Project will provide
separated
pedestrian and
bicycle paths to
improve transit
passenger transfers
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11 • Tri-Valley Transit Hub provides potential model of intermodal connectivity to Valley Link stations in
San Joaquin County with local bus transit services
VL D/P Station Connectivity to Tri-Valley Transit Hub
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12 Isabel Station
 A double-track, at-grade Valley Link
station platform in the median of
I-580 just east of Isabel Avenue
 Surface parking lots providing parking
spaces and bus bays located on site
along East Airway Boulevard south of
I-580.  A pedestrian overcrossing from the
parking lots over Arroyo Las Positas
and eastbound I-580 to the median
station platform, and an overcrossing
of westbound I-580 (depending on
available funding)
Note: Station layout is preliminary and will be refined as design continues. 747
Southfront Road Station
13  A double-track, at-grade Valley Link
station platform in the median of a
widened I-580 between First Street
and Vasco Road interchanges
 A surface parking lot providing
parking spaces and bus bays on a site
along Southfront Road between
McGraw Avenue and Franklin Lane in
Livermore
 A pedestrian overcrossing from the
parking lot over Southfront Road and
eastbound I-580 to the median
station platform
 Platform design that accommodates a
potential pedestrian overcrossing to
the north of the I-580 (depending on
available funding) subject to station
area planning by the City of Livermore
Note: Station layout is preliminary and will be refined as design continues. 748
Mountain House Community Station
• Located west of Mountain
House Parkway near the I205/Mountain House
Parkway interchange.
• At-grade, double-track
Valley Link station platform
 Surface parking lot north
of the tracks with parking
spaces and bus bays
14 749
Two sites to support train storage,
maintenance, and operations associated
with the Proposed Project:

1. Mountain House OMF- a site east
of Mountain House Parkway and
north of I-205.

2. Tracy OMF Operations Support
Site (OSS) - an approximately
200-acre property along West
Schulte Road just west of Tracy.

Includes proposed hydrogen
production facility and onsite
renewable energy farm.

Operations & Maintenance Facility Sites
15 750
Mountain House Layover Facility
16 751
Economic and Environmental Sustainability Vision
17 Updating TOD Policy for
new Metropolitan
Transportation Commission
(MTC) Transit Oriented
Communities (TOC) Policy
approved in September
2022.

Sustainability and Transit Oriented Development
(TOD) Policies Adopted by Authority December 2019
Goal to be a model of sustainability in the design,
construction and operation of the Valley Link Rail Project.

Policy Objectives: • Environment • Connectivity
• Equitable Access
• Station Area Plans
Priority Development Areas (PDA)
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Hydrogen Production Facility Initiative
18 Spring 2022
Vision
September 2022
Board Adopted
Feasibility Study
December 2022
Board Approved
Strategic
Collaboration
December 2022
ARCHES
Proposal
753
Thank you.
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City of Stockton
Legislation Text
File #: 23-0392, Version: 1
APPROVE THE 2023 STOCKTON TOURISM BUSINESS IMPROVEMENT DISTRICT BUDGET AND SERVICE PLAN, AND 2022 ANNUAL REPORT

RECOMMENDATION
It is recommended that the Stockton City Council adopt a Resolution:

1. Approving the 2023 Annual Service Plan for the Stockton Tourism Business Improvement District;

2. Approving the 2023 Operating Budget and Assessment for the Stockton Tourism Business Improvement District;

3. Approving the 2022 Annual Report for the Stockton Tourism Business Improvement District; and

4. Authorizing the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose of this resolution.

Summary
The City of Stockton contracts with the Stockton Convention & Visitors Bureau (Visit Stockton) to manage assessed funds collected from the Stockton Tourism Business Improvement District (STBID) and provide tourism-supporting services as described in the approved Management District Plan.

The contract requires Visit Stockton to submit an Annual Service Plan for the upcoming year, and an Annual Report from the prior year. The 2023 Annual Service Plan consists of the proposed operating budget, assessment, and anticipated goals for this calendar year. Council is being asked to approve the 2023 Annual Service Plan, 2023 Operating Budget, and 2022 Annual Report for Visit Stockton, which are attached as Exhibits 1, 2, and 3 to the Resolution.

DISCUSSION
Background
The STBID was established in December 2010 for a five-year term. Prior to its expiration in 2015, it was renewed and extended for an additional ten years, set to expire on December 31, 2025. The STBID includes all lodging businesses, existing and future, available for public occupancy within the boundaries of the City of Stockton.

The formation of the STBID was made possible under the California Property and Business Improvement District Law of 1994 to act as a funding mechanism to promote tourism.

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File #: 23-0392, Version: 1
These businesses are assessed a 4% rate of gross revenue for short-term stays that are less than 31 days. Tourism Business Improvement Districts (TBIDs) allow lodging and tourism-related business owners to use the assessed funds for marketing, promotion, and tourism-related activities. The City of Stockton contracts with Visit Stockton to manage the funds and report annually on services and marketing activities. Its mission statement is to enhance the region’s quality of life by collaboratively leading the promotion of Stockton’s richly diverse community and advocating for initiatives that will enhance the City’s quality of place.

Present Situation
The primary goal of Visit Stockton is to increase hotel occupancy, and while 2022 created a sense of normalcy in the travel industry, recovery is far from over. Like neighboring regions, Stockton saw a decrease in occupancy rate and overall hotel revenue, while average daily rates are at an all-time high. Benchmark statistics are as follows:
· Overall hotel demand decreased by 14.1%,
· Average hotel occupancy rate was 63.2%, down from 73.4% in 2021, · Average Daily Rate (ADR) for Stockton hotels was $113.25 per night, up 7.3% from 2021 ADR of $105.50, and
· Hotel revenue generated $75,428,413, down 7.8% from 2021’s total, $81,820,160.

Highlights of the year included:
· Stockton Flavor Fest is the newest food, arts, cultural festival at Weber Point Events Center.

This two-day event celebrating the many cultures of Stockton through food was a huge success, attracting more than 12,000 visitors. The festival was made possible by the City’s support using ARPA recovery funds to help the downtown businesses as well as professionals in the event industry recover from the effects and closures of the COVID pandemic. Flavor Fest won Best New Festival from the International Festival and Events Association during their annual conference in the fall of 2022.
· Feast at the Fox returned for its third year following a 2-year forced hiatus due to the pandemic. This farm-to-fork dinner brings the community downtown to dine in front of the historic Fox theater, known as the Bob Hope Theater. This event is a great partnership between the City and Visit Stockton, while benefiting the Delta College Culinary program. · Nine Hosted Sporting events including high school, collegiate to professional competitions ranging from wrestling, NCAA golf, disc golf, baton twirling, cornhole and baseball.

The 2023 Annual Service Plan addresses the proposed budget, strategies, and objectives of Visit Stockton. The goals for 2023 are as follows:
· Sharing the Stockton Story - through videos, podcasts, social media, and Google partnerships. · Data & Targeting - using new data research to identify high-value potential visitors that will convert from day to overnight stays.
· Growth of Destination- Driving Events - increase attendance and length of stay at Flavor Fest and other events using incentives and surveys to better understand and serve visitor needs. · Future Sports & Event Opportunities - update planner guide, build relationships, and invest in training of the team on the use of the customer relationship management tool (CRM).

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File #: 23-0392, Version: 1
· Content Pillar Campaigns - Analyze digital analytics to identify content pillars to drive visitation to Stockton highlighting unique Stockton activities and attractions.

The anticipated budget for 2023 is $2,061,600.

Revenue
TBID Assessment $1,720,000
Events/ Misc. $91,600
Carry over from previous year $250,000
Total Revenue $2,061,600
Expenses
Administration & Operation $288,100
Sales & Marketing $1,687,500
TBID Contingency 5% $86,000
Total Expenses $2,061,600
The above category allocations are consistent with the STBID Management District Plan that was adopted by the City Council on November 4, 2014, and with the intent of the Tourism Business Improvement District Assessment.

The proposed Resolution summarizes the action items needed for approval.

FINANCIAL SUMMARY
The City will retain 3% of the collected STBID revenue amount (approx. $53,000) to offset the ongoing cost of processing and collecting the assessment. These funds are appropriated in the Maintenance District Fund, Business Development Division, STBID Program and budgeted through the annual budget process. There is no other direct financial impact to the City of Stockton with this action.

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Resolution No.

STOCKTON CITY COUNCIL
APPROVE THE 2023 STOCKTON TOURISM BUSINESS IMPROVEMENT DISTRICT BUDGET AND SERVICE PLAN, AND 2022 ANNUAL REPORT
In December 2010, the City Council established the formation of the Stockton Tourism Business Improvement District (District) to provide services to the District, including the promotion of Stockton as a business, conference, sports, and visitor destination; and
The District expired in 2015, but was renewed for an additional ten years, set to expire on December 31, 2025; and
The City of Stockton (City) contracts with the Stockton Convention & Visitors Bureau (Visit Stockton) to manage the District’s funds and provide tourism supporting services; and
The contract requires Visit Stockton to submit an Annual Service Plan and budget for the upcoming year, and an Annual Report from the prior year for review, comment and approval, and
The District serves as an important economic development tool to grow and enhance not only the tourism sector in Stockton, but a positive image of the community to visitors; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The City Council hereby approves the 2023 Annual Service Plan and Operating Budget, incorporated herein and attached as Exhibits 1 and 2 respectively, in the amount of $2,061,600, an Annual Assessment of 4% fee per hotel room, per night, as proposed by the Stockton Convention and Visitors Bureau (Visit Stockton) for marketing and promotion of Stockton as a tourist, meeting, and event destination.

2. The City Council hereby approves the 2022 Annual Report for activities performed by Visit Stockton in 2022, incorporated herein and attached as Exhibit 3.

3. The proposed amounts are in compliance with “Property and Business District Law of 1994” and the charge is levied without regard to property valuations. //
//
//
//
//
//
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4. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED May 23, 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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Visit Stockton Service Plan 2023 || 1
2023 ANNUAL SERVICE PLAN
General Overview
The current Stockton Tourism Business Improvement District (TBID) was established effective January 1, 2016 by the Stockton City Council and expires December 31, 2025. The current TBID assessment levies a 4% fee per hotel room, per night. The funds are used for the marketing and promotion of Stockton, targeted toward increasing overnight stays. The assessment is applied to all lodging establishments within the city limits of Stockton; at this time there are no proposed changes to the boundary of the district.

Included in this Annual Service Plan are the strategies and objectives of Visit Stockton for the year ending December 31, 2023..
2023 Budget Overview
The attached budget is in compliance with the percentage thresholds set forth in the Stockton Tourism Business Improvement District Management District Plan approved by City Council in December of 2014.

The 2023 Budget includes a carryover of $250,000 from 2022 and also reflects a 5% contingency fund allotment of $86,000 (5% of $1.72M) as per the TBID Management District Plan.
2023 Anticipated Revenue
$2,061,600
($1,720,000 - TBID Revenue)
($91,600 - Misc. Revenue)
Sales & Marketing
$1,687,500
Administrative & Operations
$288,100 Average Daily Rate
for Hotels in Stockton
was $111.25, up 7.3%
over last year.

TRENDS IN

STOCKTON

TOURISM
IN 2022
of people who visited
60%
San Joaquin County
in 2022 (30.7M visits)
also visited Stockton.

Stockton is the
highest-visited
community in the San
Joaquin County (18.6M
visits), generating the
longest visit times
compared to our
competitive set.

DIRECT
TRAVEL

IMPACT IN

STOCKTON
Direct impact represents
the earnings attributable to
travel expenditures made
directly by travelers at
businesses across the city.
$241.2 M
direct travel spending
Includes: accommodations,
food services, arts and
entertainment, retail sales,
and transportation
2,200
jobs supported
$8.1 M
local tax receipts
generated
$11.5 M
state tax receipts
generated
Source: Dean Runyan
Associates, 2021
EXHIBIT 1 760
Visit Stockton Service Plan 2023 || 2
In addition to our demand and brand goals, Visit Stockton identifies the following as 2023 outcome measurements:

Overall Stockton Room Revenue • Sports and Group Events • Website Analytics Social Media Engagement Analytics • E- Mail Marketing Metrics • Overall Marketing Impressions Earned Media Impressions
2023 GOALS AND STRATEGIES
• Objective A: Continue telling the visual “This is Stockton” story through Visit Stockton produced videos, highlighting the small businesses and organizational stories that drive visitation, economic development, and advancement to our community. • Objective B: Produce twice-monthly episodes for the “This is Stockton” podcast (which had the most successful launch of any podcast on the Destination Marketing Podcast Network in 2022), bringing awareness to our community and neighboring regions. • Objective C: Create organic, unscripted, vertical video content to continue sharing the Stockton story to our social followings (vertical video is a dominant medium on all social channels for 2023).
• Objective D: Edit, enhance, perfect, and create new Google Stories in partnership with Visit California, creating visual awareness across Google Search and partner websites.

GOAL: Sharing the Stockton Story
GOAL: Data & Targeting
• Objective A: Continue onboarding and becoming platform-proficient in new data and research platforms (Placer.ai and Sprout Social) which will drive our organizational decision-making.
• Objective B: Use data tools to identify high-value potential visitors (and regions, including Sacramento and the Bay Area) and target paid advertising campaigns to those audiences. • Objective C: Identify personas and audiences likely to convert from day-trippers to overnight stays, especially around special events, summer traffic, and other special promotions.

This is Stockton started as a podcast
series highlighting the people, places,
and happenings of our community. To
diversify the audience and spread greater
awareness, we launched the This is
Stockton video series visually highlighting
the uniqueness of Stockton with a call-toaction to “come see Stockton for yourself.” Foot traffic heatmap that represents
visitors who visited Stockton for more than
120 minutes. Source: Placer.ai
EXHIBIT 1 761
Visit Stockton Service Plan 2023 || 3
Stockton Flavor Fest, an award-winning
three-day festival, is a celebration of the
food, music, and cultures that make-up
the diverse communities in and around
Stockton. With the help of local nonprofits,
organizations, artists and creatives,
Stockton Flavor Fest creates a sense of
pride and excitement in our community.
2023 GOALS AND STRATEGIES
• Objective A: Increase attendance at Stockton Flavor Fest by targeting marketing efforts to our high-visitation regions based on insights and research by our data partners. • Objective B: Incentivize visitation through special promotions, activities, and discounts to Friday activities at Stockton Flavor Fest in order to increase beverage sales (our main source of revenue).
• Objective C: Gather insights and actionable data through a post-event survey at the conclusion of Stockton Flavor Fest 2023.
• Objective D: Increase the dwell time (length of visits) and visitations (number of times visited) to Stockton Flavor Festival by offering discounted multi-day tickets, diversifying programming, etc.
• Objective A: Update our Planner Guide to include sporting venue information, update and include new hotel properties and meeting spaces, and highlight attractions in Stockton.
• Objective B: Continue to integrate the new Development team into the meetings and sports markets to build relationships, connections, and draw new opportunities to our area.
• Objective C: Prioritize knowledge and training of the new Development team with our customer relationship management tool (CRM), which will assist in outreach, follow-ups, and overall communication with meetings and sports partners.

GOAL: Future Sports & Event Opportunities
Looking for additional information? A copy of the 2022 Visit Stockton Annual Report can be found online at visitstockton.us/annualreport22 GOAL: Growth of Destination-Driving Event
GOAL: Content Pillar Campaigns
• Objective A: Research our social, website, and other
digital analytics to identify content pillars (dining,
waterways, farms, etc.) that promote the most visitation into our area.
• Objective B: Use content pillars to drive visitation
to Stockton through year-round digital and print
promotions, highlighting the activities and attractions that make Stockton unique.

EXHIBIT 1 762
Visit Stockton Service Plan 2023 || 4
Stocked Full of Dining (January)
Celebrate dining in Stockton with a month-long foodie takeover across all Visit Stockton channels, highlighting the flavor of our communities.

Annual Tourism Breakfast (March 16)
Visit Stockton will highlight the impact of tourism on our community and celebrate those who work to aid us in our mission at this 10th annual event.

Feast at the Fox (May 5)
In its 5th year, this farm-to-table fundraiser (in partnership with the City of Stockton) will raise money for Delta College culinary students while highlighting local agriculture and wine.

Stockton Flavor Fest (May 19-21)
The international award-winning festival (in partnership with the City of Stockton) is back to celebrate Stockton’s culture, cuisine, and community at Weber Point Events Center on the beautiful Downtown Waterfront.

Sport City Golf Tourney (October 23)
Hit the course for a good cause at the 2nd annual Sports City Golf Tourney returns to raise awareness and funds for the Stockton Sports Foundation. 2023 Confirmed Sporting Events
St. Mary’s Girls Basketball MLK Tournament (January 13-16) CIF Sac-Joaquin Wrestling Championships ( February 17 - 18) NCAA DI Women’s Water Polo Championship (May 12-14)
OTB Disc Golf Open (May 12-14)
WCC Baseball Championship (May 24-27)

COMMUNITY ENGAGEMENT
Hosted and produced events for 2023
146 W Weber Ave
Stockton, California, 95202
Call us at 877.778.6258
8AM to 4PM, Monday - Friday
Who We Are
Visit Stockton is the official destination marketing organization for Stockton, California and as such, is charged with the promotion and marketing of the City of Stockton as a leisure travel, sports, events, and meetings destination. Founded in 1979 as a 501(c)6, non-profit corporation, Visit Stockton is dedicated to positively impacting the local economy through its programming and elevating civic pride while highlighting the Stockton community as a positive place to work, live, and visit. Visit Stockton is funded in partnership with local hotel properties through the Stockton Tourism Business Improvement District.

Mission Statement
Visit Stockton is dedicated to enhancing the region’s Quality of Life by collaboratively leading the promotion of our richly diverse community and advocating for initiatives that will enhance the city’s Quality of Place.

Vision Statement
Stockton is widely respected as a diverse and welcoming community, providing unique and authentic experiences and opportunities for all.

Our Organizational Values
Accountability • Have Fun • Excellent Service • Giving Back • Learn and Improve EST. 2022
George Kaplanis
President
Omega Hospitality
Wes Yourth
Vice President
University of the
Pacific
Susan Obert
Treasurer, Haggin
Museum
Alex Munro
Hilton Stockton
Rhona Miles
University Plaza
Waterfront Hotel
Isadora Harness
Marriott Properties
Jai Patel
Red Roof Inn
Michael Blower
Council Appointee
Councilmember,
District 3,
City of Stockton

MEET THE TEAM

BOARD OF

DIRECTORS

ADMINISTRATION & OPERATIONS
Wes Rhea, CDME
Chief Executive Officer
[email protected] | 209.938.1555
Christa Griffith
Office Manager & Volunteer Program Manager
[email protected] | 209.938.1555

SPORTS, EVENTS, & TOURISM DEVELOPMENT
Rebecca Scharmann
Director of Sports, Events, & Tourism Development
[email protected] | 209.938.1556
Diana Nuño
Events & Community Engagement Manager
[email protected] | 209.851.3096
Nicholas Ramirez
Events Services Manager
[email protected] | 209.938.1552

MARKETING & COMMUNICATIONS
Amy Alpers
Director of Marketing & Communications
[email protected] | 209.636.4348
Anthony Esteves
Social Media Content Manager
[email protected] | 209.938.1557
Jesse Salazar
Video Production Manager
[email protected] | 209.938.1553
Wesley Sosa
Graphic Designer & Brand Manager
[email protected] | 209.938.1557
EXHIBIT 1 763
Total
INCOME
TBID Assessment 1,720,000.00
Events/Misc. Income 91,600.00
Fund Balance from Previous Year 250,000.00
Total Revenue $ 2,061,600.00

EXPENSES

ADMINISTRATION & OPERATIONS
Administration & Operations, Office Expenses, Salaries, Taxes & Benefits $ 288,100.00

SALES & MARKETING
Marketing/Promotions, Website, Research/Data, Public
Relations, Prefessional Development, Printing, Hospitailty 727,500.00 Sports/Event Sponsorships, Trade Show Expenses 110,500.00 Feast at the Fox Expenses 44,000.00
Airport Marketing Contract 12,000.00
Salaries, Taxes & Benefits - Sales/Marketing $ 793,500.00 Total Sales & Marketing $ 1,687,500.00
Total Expenses $ 1,975,600.00
Net Operating Income $ 86,000.00
Other Expenses
TBID Contingency & Renewal - 5% 86,000.00
Total Other Expenses $ 86,000.00
Net Other Income -$ 86,000.00
Net Revenue $ 0.00
Visit Stockton
Budget Overview: 2023
January - December 2023
EXHIBIT 2 764
| 1
EXHIBIT 3 765
2 | A Letter from the CEO
Partners, Stakeholders, and Community Members,
As we move on from the pandemic and its effect on the local, regional, and state tourism economies, we continue to learn, grow, and build upon the partnerships made and the lessons learned during that unprecedented time. But our work continues. As of this month, our travel economy has yet to fully recover, with 2022 seeing a retraction in overnight stays throughout the central valley, and locally visitor foot traffic in Stockton is still down 3% from 2019.

Our Stockton hotel community continues to rebuild and navigate the ever-changing landscape of the leisure and business travel economy. Average daily rates have never been higher in the city, but our lodging partners continue to struggle to find quality staff to fill all their needs, and we are optimistic that 2023 will bring occupancy levels back to near 2019 levels. On the property development side, we were excited to welcome to the district a completely remodeled downtown motel, the Studio 6 Suites, and soon, Stockton’s first new hotel build in over 15 years with the addition of the Hampton Inn and Suites – Arch Road property.

This year also ushered in a lot of reflection and change for the Visit Stockton team. After nearly 8 years of certifications and networking, we decided to sunset the Certified Tourism Ambassador (CTA) program. We are eternally grateful for all our CTAs and their commitment to the betterment of our destination and look forward to partnering with them all in the future. Also, after careful consideration of their ROI and impact on our internal capacity, and the overall community, we decided to retire Stockton Beer Week and Stockton Brew Fest, Stockton Arts Week, and Stockton Restaurant Week.

We are continually evaluating the impact of our programs and strive to focus on the best strategies that benefit not only the tourism and lodging economy in Stockton, but also the more diverse audiences within our community and region. These changes will allow us to better focus on the new campaigns and projects Visit Stockton are now focused on.

Our proudest moment in 2022 was the launch of Stockton’s newest food, arts and culture festival – Stockton Flavor Fest, a celebration held on the downtown Stockton Waterfront in May and supported by the City of Stockton with American Recovery Plan Act funds. The event was an overwhelming success, not only bringing over 12,000 attendees to the Weber Point Events Center but also taking home the top prize for Best New Festival from the International Festival and Events Association.

We could not have done it with out our 600+ community volunteers representing local non-profits, our vendor management partners at GoodStock Productions and the amazing and hardworking team at Visit Stockton. We look forward to welcoming you to year two, May 19-21 at Weber Point.

We hope you have had a chance to listen to the new This is Stockton podcast that we launched in August. It is off to a roaring start, and we are excited to tell the story of Stockton through the people and business owners that make our city special. Episodes come out bi-monthly and you can find it wherever you listen to podcasts or on our website. We are also working on an accompanying video series that we expect to expand in 2023. If you know someone who would make a great guest, send them our way!
Our team is excited about the new opportunities that 2023 will bring, and we are hopeful that the year ahead is brighter and safer than the one before. The team at Visit Stockton is proud to be a part of, and serve, the Stockton community. We wish each of you a safe and healthy 2023.

Wes Rhea
Chief Executive Officer

A LETTER FROM THE CEO
EXHIBIT 3 766
The Tourism Effect 2022 | 3
$75,428,413
2021: $81,820,160
2020: $63,065,236
2022 HOTEL REVENUE GENERATED

FROM OVERNIGHT VISITS
THE TOURISM EFFECT 2022
Source: Placer.ai
* One person can be in both Stockton and Lodi. The same individual is counted twice, once in each city. However, in San Joaquin County the same person is counted only once
Tracy
Manteca
Stockton
Lodi
of people who visit
60%
San Joaquin County
also visit Stockton
Stockton also
generates the

LONGEST

VISIT TIMES
within San Joaquin
County
Total Visits by Visitors
(visits from 30 miles away for 30 minutes or more)*
San Joaquin County receives 30.7 million visitors.

Average Dwell Time
by Visitors
(in hours)
City
Time (in hours)
San Joaquin County has an
average dwell time of 14.9 hours.

Direct Travel Impact
Direct Travel Impact by
Commodity
Hotel & Lodging Data
2,200

JOBS SUPPORTED BY DIRECT

TRAVEL SPENDING
$17.6 MILLION

TAX GENERATED BY DIRECT

TRAVEL SPENDING
$241.2 MILLION

DIRECT TRAVEL SPENDING
Direct impact represents the earnings
attributable to travel expenditures
made directly by travelers at
businesses across the city of Stockton.

AVERAGE DAILY RATE
$113.25 7.3%
$105.5
$92.81
2022
2021
2020
022
2021
2020
Average Daily Rate

YOY CHANGE

13.7%

2.7%
$0 $80 $160

HOTEL OCCUPANCY RATE
2022 PROPERTY

DEVELOPMENT

UPDATES
Studio 6 Downtown Stockton
Remodeling Completed in
March 2022
Hampton Inn and Suites -
Arch Road Property
Opening Spring 2023

63.2%

73.4%

65.2%
2022
2021
2020
022
2021
2020
Hotel Occupancy YOY CHANGE

13.9%

10.4%

12.7%
0% 50% 100%

ROOM NIGHTS
666.0k
679.5k
2022
2021
2020
022
2021
2020
Room Nights YOY CHANGE

14.1%

12.6%

14.1%
0 475k 950k
775.5k
2022 created a sense of normalcy in the travel indistry, but our recovery is still far from over. Like our neighboring regions, we saw a decerase in occupancy rate and overall hotel revenue, but our average daily rate is at an all-time high. Below is a breakdown of our lodging statistics, direct travel impact, and visitor volume.

Food Service $68.4M
Local Transportation & Gas $53.0M
Retail Sales $33.8M
Accommodations $49.5M
Arts, Ent., & Rec. $27.2M
Source: STR Report
Source: Dean Runyan Associates
EXHIBIT 3 767
WE'RE BACK, BABY.

Stockton Restaurant Week
Stockton Restaurant Week took place January 14-23, 2022. Like 2021, we included a digital passport that housed information regarding participating restaurants, check-in deals, and opportunities to win dining gift cards. We saw nearly 1,000 sign-ups for our digital passport and had 28 restaurants participate in 2022’s festivities.

Tourism Breakfast
The Visit Stockton Tourism Breakfast was a time to celebrate the accomplishments of our office from 2019 – 2021 and share insights into our future. We welcomed 120 attendees and Mariachi Ocelotlan of the University of the Pacific kicked-off the celebrations with a preview of the inaugural Stockton Flavor Fest.

Feast at the Fox
Feast at the Fox, our annual fundraiser for the Delta Community College Culinary Arts Program, was nothing shy of a success. This sold-out event raised over $13,000 for the San Joaquin Delta College Culinary Arts program, provided an incredible learning experience for 24 student chefs, and showcased the talents of 7 program alumni.

Stockton Arts Week/Collide Arts Festival
For the first time, our office administered a $30,000 California Arts Council grant program on behalf of the City of Stockton for Stockton Arts Week and Collide Arts Festival, which included: soliciting artist applications, working with community members and organizations on project formulation, progressing grant agreements, distributing funds, and reporting. Artist grants were spread across two main areas: Stockton Arts Week workshops and Collide Arts Festival (held at Stockton Flavor Fest) workshops, installations, live art, and performances.

This is Stockton
This is Stockton started as a podcast series highlighting the people, places, and happenings of our community that was launched in August 2022. The series has seen great success since its launch, reaching audiences across the state, and twice a month we produce new episodes in partnership with the Destination Marketing Podcast Network.

To diversify the audience and spread greater awareness, we launched the This is Stockton video series in late December 2022. This three-part video series visually highlights the uniqueness of Stockton with a call-to-action to “come see Stockton for yourself.” The video series is being distributed through streaming TV and digital platforms, and we will continue creating videos as part of this series into 2023.

While 2021 was a year of support, shifts, and recovery, Visit Stockton welcomed some sense of normalcy in 2022. We saw a lot of advancements in our programs, partnerships, and data in 2022, and we are grateful for another year of sharing the Stockton story with potential visitors, locals, and fans. 12 EPISODES
2000

LISTENS
71%

COMPLETION
RATE
651,245
AD

IMPRESSIONS
Source: Audioboom & Apple Podcasts
4 | We're Back, Baby.

EXHIBIT 3 768

STOCKTON FLAVOR FEST VISITATION STATISTICS
Attendees Demographic Information
Source: Placer.ai
13,400
VISITS
122 mins

DWELL TIME
2 PM - 4 PM

City Council and Concurrent AuthoritiesMay 23, 2023

City Council and Concurrent Authorities
May 23, 2023