KONE, INC., PROJECT NO. OM-23-087
03/31/2023
(Updated 07/12/22)
CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of 2023, between the CITY OF STOCKTON, a munici pal corporation (“CITY), and KONE, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 10151 CROYDON WAY, SUITE 2, SACRAMENTO, CA95827, hereinafte r called "CONTRACTOR.," THIS CONTRACT is for the ELEVATOR MAINTENANCE AND REP AIR 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 represent s that it is register ed 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 represent s that it will pay all required prevailing wages under California Labor Code for all se rvices provided that have a wage determination.
D. CITY finds it necessary and advi sable to use the services of the CONTRACTOR for the purposes provided in this Contract.
NOW THEREFORE , in consideration of the mu tual promises, covenants and conditions in this Contract, CITY and CONTRACTOR agree as follows:
1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall undertake and complete the services described in Exhibit A (scope and specifications) . CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibi t A and compatible with the standards of the profession. CONTRACTOR agr ees that it shall provide fully complete services including all labor, materials, tool s, equipment and insurance required and that are acceptable to the CITY.
2. COMPENSATION. CITY shall pay CONTRACTOR for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B (fee schedule), which is attached to this Contract and incorporated by this reference.
CONTRACTOR agrees this fee is for full re muneration for performing all services and furnishing all staffing, materials and tools ca lled for in the scope of services. The payments shall be made on a monthl y basis upon receipt and approval of CONTRACTOR’S invoice for completed work . Total compensation for services and
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KONE, INC., PROJECT NO. OM-23-087
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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 substitu ted for monies withheld and shall receive any interest thereon.
a. Invoices submitted by CONTRACT OR to CITY must contain a brief description of work performed, locati on of work, time used, materials and special equipment and City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
b. Upon completion of work and acceptance by CITY, CONTRACTOR shall have sixty (60) days in which to subm it final invoicing for payment. An extension may be granted by CITY upon receiving a written request thirty (30) days in advance of said time limitation. CITY shall have no obligation or liability to pay any invoice for work performed which CONTRACTOR fails or neglects to submit within sixty ( 60) days, or any extension thereof granted by the CITY, after work is accepted by CITY.
3. INSURANCE. During the term of this Contract, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit C (Insurance Requirements and Forms) which is attached to this contract and incorporated by this reference, and shall otherwise comply with the other provisions of Exhibit C. Maintenance of proper insurance coverage is a material element of this contra ct and that failure to mainta in or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.
CONTRACTOR shall not commence any work before obtaining, and s hall maintain in force at all times during the duration and perfo rmance 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 “contra ct documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
It shall be a requirement under this agreement that any av ailable insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the mini mum 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.
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KONE, INC., PROJECT NO. OM-23-087
03/31/2023
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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 Stoc kton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.
The limits of insurance requir ed in this agreement may be sati sfied by a c ombination of primary and umbrella or excess insurance. Any umbrella or excess insuranc e shall contain or be endorsed to contai n a provision that s uch coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a wr itten contrac t or agreem ent) before the City of Stockton’s own insurance or self- insurance shall be called upon to protect it as a named insured.
All self-insured retentions (SIR) mus t be disclosed to the CITY’s Risk Management for approval and shall not reduce t he limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failur e to exercise this right shall not c onstitute a waiver of right to exercise later.
CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event cont ractor fails to obtain or maintain completed operations coverage as required by this 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 Subcont ractors in their subcontract the same requirements and provis ions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontr actor’s work.
Subcontractors hired by CONTRACTOR ag ree to be bound to CONTRACTOR and the CITY in the same manner and to the s ame extent as CONTRACTOR is bound to the CITY under the Contract Docu ments. CONTRACTOR further agrees to include these same provisions with any subcontractor regardle ss of tier. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontr actor upon request. The CONTRACTOR shall require all Subc ontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the CITY.
4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a greater extent than permitted under t he public policy of the State of California, CONTRACTOR shall, indemnify, protect, defend with counsel approved by CITY and at CONTRACTOR’S sole cost and expense, and hold harmless the City of Stockton, its officers, officials, employees, and volunteers from and against any and all claims, causes of action, liabilities , judgments, awards , los ses, liens, c laims, stop notices,
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KONE, INC., PROJECT NO. OM-23-087
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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 m unicipal law or ordinance, or CITY Policy, by CONTRACTOR or CONT RACTOR’S officers, agents, employees, volunteers or subcontractors. CONTRACTOR shall not be obligated to indemnify or defend CITY for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the CITY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of CONTRACTOR to CITY, the intent hereunder is to provide the maximum defense and indemnity obligat ions allowed by CONTRACT OR under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.
With 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 connect ed with the wo rk performed, materials furnished, or serv ices provided under this Agreement by CONTRACTOR or CONTRACTOR’S officers, agents, employees, volunteer s 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 fo r 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 an d expenses incurred in the defense of the claim(s). It is agreed between the parties that this re imbursement provision assures CO NTRACTOR is not obligated to defend or indemnify CITY in an amount greater th an 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 CONTRACTO
R to a grea ter extent than permitted under the public
policy of the State of California, and in addition to the other indemnity obligations in this Agreement, CONTRACTOR shall indemnify, defend, 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 insur ance. CONTRACTOR’S indemnification obligation is not
ATTACHMENT A
KONE, INC., PROJECT NO. OM-23-087
03/31/2023
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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 responsibil ity for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.
If any 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 June 30, 2028.
6. CONFORMANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in,
be denied the benefits o f, or be subjected to
discrimination under any pr ogram or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b.
DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a
Discrimination and Harassment Policy
(Exhibit D). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all i ndividuals by strictly prohibiting discrimination and harassment, includ ing sexual harassment in the workplace, to define the types of 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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KONE, INC., PROJECT NO. OM-23-087
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c. LABOR STANDARDS PROVIS IONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor 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 applic able to the work to be done.
CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determi nation for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual co st of engineering, inspection, superintendence, and or other ov erhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement wil l not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the Stat e of California. To forfeit as a penalty to CITY the sum of TWENTY FIVE A ND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR , in the execution of this contract, for each calendar day duri ng which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday
ATTACHMENT A
KONE, INC., PROJECT NO. OM-23-087
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and overtime work in violation of t he provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the cont ract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Comp liance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply wit h the provisions established in Section 1777.5 of the Labor Code c oncerning the 1) certified approval by local joint apprenticeship commi ttees for the employment and training of apprentices, and 2) contri bution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTO R
and all subcontractors shall make a good fa ith effort to employ at least 50 percent of the workforce on this projec t 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. CONT RACTORS and subcontractors shall maintain records necessary for moni toring 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 nec essary or advisable and to require such extra work as may be determined by the Project Manager to be required for the proper completion of the whole work contemplated.
ATTACHMENT A
KONE, INC., PROJECT NO. OM-23-087
03/31/2023
(Updated 07/12/22)
Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation fo r such work. A cont ract change order will not become effective until approved by the City Manager and/or the City Council.
8. RIGHTS AND DUTIES OF CITY. CITY shall make available to CONTRACTOR all data and information in t he possession of CITY which both parties deem necessary to complete the work, and CITY shall actively aid and assist CONTRACTOR in obtaining such information as may be deemed necessary from other agencies and individuals.
9. OBLIGATIONS OF CONTRACTOR. Throughout the term of this Contract, CONTRACTOR represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the CONT RACTOR to practice its professions, and CONTRACTOR shall, at its own cost and expense, keep in effe ct during the life of this Contract all such licenses, permits, q ualifications, insurance, and approvals CONTRACTOR shall meet with the Public Works Director or other personnel of CITY or third parties as necessary on all matt ers connected with the carrying out of CONTRACTOR’S services. Such meetings shall be held at the request of either party hereto. CONTRACTOR further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opini ons, prepare factual presentations, and provide pr ofessional advice and recommendations regarding this project.
10. TERMINATION. This Agreement is effective on the Effective Date. The City may terminate this Contract and work pursuant to any of all scope of works at any time by mailing a notice in writing to Cont ractor. The Contract shall then be deemed terminated and no further work shall be performed by Contractor. If t he Contract is so terminated, the Contractor shall be paid for that percentage of work actually completed at the time the notice of termination is received.
11. CONTRACTOR STATUS. In performing the obligat ions set forth in this Contract, CONTRACTOR shall have the status of an independent contractor and CONTRACTOR shall not be considered to be an employee of the City for any purpose.
All persons working for or under the di rection of CONTRACTOR are its agents and employees, and are not agents of the CITY. Subcontractors shall not be recognized as having any direct or contractual relationship with the CITY. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of th is Contract. The CONTRACTOR is responsible to the CI TY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contra ct 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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KONE, INC., PROJECT NO. OM-23-087
03/31/2023
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employment including hours, wages, work ing conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by CONTRACTOR.
i. It is further underst ood and agreed that CONTRACTOR must issue W- 2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR’S personnel.
ii. As an independent 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 ob ligation in the Contract withou t 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: 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
15. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the CITY’S execution of this Contract and prior to the CONTRACTOR engaging in any operation or activity set forth in this Contract, CONTRACTOR shall obtain a City of Stockton business license, which must be kept in effect duri ng the term of this Contract. CONTRACTOR covenants that it has obtained al l certificates, licenses, permits and the like required to perform the services under this Contract.
16. RECORDS AND AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY fo r services under this Contract. Upon request, CONTRACTOR agrees to furnish CITY , or a designated representative, with necessary information and assistance.
CONTRACTOR agrees that CI TY or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested, and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of intervie wing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under
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KONE, INC., PROJECT NO. OM-23-087
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investigation for the purpos es of determining complianc e with this Contract.
CONTRACTOR agrees to maintain such records for a period of three years from the date that final payment is made.
17. CONFIDENTIALITY. CONTRACTOR shall exercise reasonable precautions to prevent the unauthorized disclosure and use of CITY’S reports, information, or conclusions.
18. CONFLICTS OF INTEREST. CONTRACTOR cove nants that other than this Contract, CONTRACTOR has no financial interest with any official, employee, or other representative of the CITY. CONTRACTOR and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of CONTRACT OR’S services under this Contract. If such an interest arises, CONTRACTOR will immediately notify CITY.
19. WAIVER. In the event either CITY or CONTRACTOR at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
20. GOVERNING LAW. California law shall govern any legal action pursuant to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
21. DISPUTE RESOLUTION . Prior to undertaking any litigation, the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between senior managers of each Party having authority to resolve the dispute.
1. Venue
Any controversy or claim between the Parties shall be determined with venue for all claims in the Superior C ourt of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
2. If any litigation action or proceedi ng is commenced in connection with this Agreement, the prevailing Party, as determined by the court, shall be entitled to reasonable attorneys' fees (including allocated costs for in- house legal services), costs and necessary disbursements incurred in such action or proceeding.
22. NO PERSONAL LIABILITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY or for any amount due CONTRACTOR.
ATTACHMENT A
KONE, INC., PROJECT NO. OM-23-087
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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 t he CITY are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Reques t for Proposals or Qualifications. This Contract represents the entire integrated agreement between CONTRACTOR and CITY, supersedes all prior negotiations , representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by CONTRACTOR and CITY. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.
24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR.
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.
B y : B y :
HARRY BLACK Signature
CITY MANAGER
A T T E S T :
P r i n t N a m e
B y
:
ELIZA R. GARZA, CMC Title:
CITY CLERK
APPROVED AS TO FORM:
B y :
DEPUTY CITY ATTORNEY
ATTACHMENT A
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 repair s 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 adjustment s 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 w ork 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 ac
complished 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
ATTACHMENT A
City of Stockton Public Works Department Project No. OM-23-087 Elevator Maintenance & Repair Services |SCOPE OF WORK
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.
Notwit
hstanding 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 Contr
actor 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.
Contract
or 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.
Contract
or 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 unauthori
zed person or persons not employees of the Contractor (i.e., spouse, children, brother,
EXHIBIT A
ATTACHMENT A
City of Stockton Public Works Department Project No. OM-23-087 Elevator Maintenance & Repair Services |SCOPE OF WORK
sister, friends, etc.) sh all be al lowed within the immediate work ar ea during t he 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 cont rol 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.
S
TANDARDS O F P ERFORMANCE
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. Contract
or 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.
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City of Stockton Public Works Department Project No. OM-23-087 Elevator Maintenance & Repair Services |SCOPE OF WORK
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 C ity 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 d esignee/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 per
sonal 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.
Contract
or 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.
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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 wor
k 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 replac e 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
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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 s hall be provided to t he 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 t esting 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 exec ute 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.
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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 E
NTRAPMENT 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 C ontractor’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 nat
ure or trouble and entrapment calls shall be treated as an emergency and work commenced shall be carried through to complete without delay. Pro vide 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
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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 routi
ne 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
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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 conform ing 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 “pro- rate” 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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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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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
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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.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Special Risks or Circumstances
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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
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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
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