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convenience of their personal mobile device or computer. Information shall be displayed on the online meetings using such methods as video, online comment cards, voiceover, and presentations.
Informational Materials
Development of creative and concise informational materials will be critical to the effective education of the public about the rate study process and results. Materials include approved key messages and high-level graphics to make sure consistent and effective communication is delivered. Materials shall be posted on the website, distributed electronically via e-blasts, social media as well as mailed or passed out at meetings (Table 4-1).
TABLE 4‐1: Informational Materials
TOOL OBJECTIVE
TABLE 4- 1: INFORMATIONAL MATERIALS
TOOL OBJECTIVE
Fact Sheet (1) Visually provides overview of the rate study process, benefits and time-line
FAQ Document (1) Answers to frequently asked questions
Postcards (1) Provides a quick update, but mostly acts as invitation to the in-person Public Open House
meeting
PowerPoint Presentations
(1)
For use at to the in-person Public Open House
meeting at both locations
Display Boards (up to 20) For use during to the in-person and online Public Open House meeting
Proposition 218 Newsletter
(1)
Provides notification to customers about the
proposed rates and reason for increase as well as
notice of public hearing date
Utility Bill Insert (up to 2) Provides notification to customers about the study rate process, pro-posed rates and reason for
increase
Proposition 218
Advertisement (1)
Created for the City to place in print and/or online
local news publications (i.e. The Stockton Record)
to publicize public hearing
Media Relations Support (Up to 3 News Releases)
As needed, Contractor shall provide the City with media relations support to make sure key information related to the rate study and Proposition 218 noticing is released to the local media at key milestones. The media outlets that shall be included in the list range from major publications to community papers or newsletters, online outlets, as well as radio and television stations. Additionally, Contractor can prepare and disseminate news releases on behalf of the City as well as coordinate with local media outlets to manage the flow of information.
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To promote the kickoff of the rate study and first Public Open House meeting, creation of at least one news release shall be distributed. An additional news release shall be created and distributed appropriately to communicate the major milestones completed as well as promoting the second Public Open Houses meeting. A final news release shall be distributed 45 days prior to the public hearing to announce the proposed rates and publicize the Proposition 218 public hearing. Media releases shall also be posted to the website.
ELECTRONIC TOOLS: Website Support (Up to 20 Updates)
Contractor shall work closely with the City’s webmaster to make sure a rate study webpage is created and housed on the City’s website. The webpage shall be updated regularly throughout the study and act as the main resource for information.
Updates shall occur at key milestones in the process and include an overview of the rate study process, alternatives, meeting notices, schedule updates, collateral materials, comment form and contact information. Contractor shall provide the key information and graphics to the City webmaster for upload to the site in a timely manner and recommend adding an RSS feed to the webpage so that when updates to the site occur, a notice is sent out to those who sign up to receive them.
Social Media Support (up to 10 posts)
The City’s existing Facebook and Twitter accounts will be another excellent online tool to provide information to the public about the rate study process and results.
Contractor shall support the City to utilize these social media sites and post information as well as monitor and track comments, complaints, or questions and report back to the team as necessary.
Team Meetings (up to 6)
Contractor Public Involvement and Communications staff shall attend project team meetings and/or calls as necessary to make sure there is a proper understanding of technical issues, schedules, and upcoming activities that may impact the public. It is assumed that Contractor shall participate in up to six in-person or virtual meetings or calls throughout the course of the study.
Task 17 – Council Water Committee Presentation (#2)
Based on the public outreach and feedback received from customers through the public outreach meetings, Contractor shall present the final results and recommendations of each study to the Council Water Committee. This meeting shall be designed and intended to gain the final policy direction and guidance for the study recommendations to the City Council.
Task 18 – City Council Presentations
The overall quality and value of a rate study is often measured by the quality of the public presentation process. In addition, the ability of the consultant to present this technical material in a manner that is easily understandable to the City Council is EXHIBIT 1 Contract for WW & SW Rate Studies
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paramount. For this study, the City has specified the need for up to two meetings with the City Council.
The first City Council meeting shall be to present the study results and recommendations and set the public hearing date. Contractor shall provide a highlevel summary of the study at this meeting and present the proposed rates. The second meeting, the public hearing, shall be a presentation of the summary overview of the study and the proposed wastewater rates. Contractor shall be ready and available to answer questions from the City Council. Contractor shall develop the presentation and handout materials for these public meetings in collaboration with City staff. Meetings in addition to the two public presentations/meetings noted above shall be provided on a time-and-materials basis.
Task 19 – Computer/Rate Model
As a part of this study, Contractor shall develop a wastewater and stormwater rate model specific to the City. At the initial kick-off meeting, Contractor shall review with the City some of the key structural elements of the non-proprietary, Microsoft Excelbased model. At the conclusion of the study, Contractor shall provide a copy of the models developed as a part of this study. If requested, as an additional task, Contractor can develop a user manual for the rate models and provide a half-day of training to City staff on the use of the models.
4. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: HDR Engineering City: City of Stockton
Attn: Olivier Terrien Attn: City Manager
6701 Koll Center Parkway 425 N. El Dorado Street
Suite 250 Stockton, CA 95202
Pleasanton, CA 94566
5. Key Personnel
Principal-in-Charge: Marco Padilla, PE, PMP
Project Manager: Shawn Koorn
Assistant Project Manager: Josiah Close
Quality Assurance/Control: Tom Gould
Senior Analyst: Kevin Lornetzen
Wastewater Engineers: Mike Falk, PE
Tom Hoffman, PE
Stormwater Engineers: Analette Ochoa, PE, QSD/P, ToR
Christine Boschen, QISP
Public Outreach: Lisa Marie Alley
Melissa Diamant
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Exhibit B:
Insurance Requirements for Professional Services
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written 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:
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Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or selfinsurance 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 EXHIBIT 1 Contract for WW & SW Rate Studies
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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 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. 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 redacted 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 claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause All certificates and endorsements are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents EXHIBIT 1 Contract for WW & SW Rate Studies
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prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require redacted 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, provided that any modification of these insurance requirements will require the approval of Contractor.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances, provided that any modification of these insurance requirements will require the approval of Contractor.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
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EXHIBIT C
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 professional 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 performed in accordance with the requirements 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 to execute any additional documents that may be necessary to evidence such assignment. Any modification or reuse of such materials for purposes other than those intended by this Agreement shall be at City’s sole rick and without liability to Contractor. All materials shall be delivered to the City upon completion or termination of the work under
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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 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.
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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.
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 as outlined in Exhibit D Section
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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 to the extent arising out of or in connection with Contractor’s negligent performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence, active 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.
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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.
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24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d). http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, quarantine restrictions, 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.
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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.
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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 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, provided that the parties EXHIBIT 1 Contract for WW & SW Rate Studies
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will negotiate an equitable adjustment to Contractor’s schedule and/or fee for any delays caused by the City or events or conditions that were beyond Contractor’s reasonable control.
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 In the course of performing its contractual obligations under this Agreement, Contractor acknowledges that it will receive, be entrusted with, or have access to valuable and confidential City information and records and will take all appropriate measures to ensure such information remains confidential except for disclosures which are required by law or with the prior written consent of the City. 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 required by this Agreement 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:
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5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. 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 EXHIBIT 1 Contract for WW & SW Rate Studies
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incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
8. Findings Confidential.
All 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.
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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.
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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 $334,995.00 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.
Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.
Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.
Reimbursement shall be made at actual costs with no markup added to the actual cost.
1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.
Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
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1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.
1.5 Subcontractor Costs: There are no subcontractors for this work.
2. Task Price. Below is the price for the services as described in Exhibit A of this Agreement.
Task Description Task Price
1 Project Management $10,160
2 Initial Kick-Off Meeting $7,330
3 Data Collection and Review $2,580
4 Review of the City's Financial and Rate Policies $4,755 5 Baseline Revenue Requirement Analysis $22,470
6 Development of Alternative Revenue Requirements $16,750 Optional Task Stormwater Public Opinion Survey 28,860
7 Water Advisory Group Presentation #1 $4,580
8 Cost of Service Analysis $25,690
9 Rate Design Analysis $12,340
10 Water Advisory Group Presentation #2 $4,580
11 Development of the Final Draft Study
Recommendations
$9,290
12 Council Water Committee Presentation #1 $4,580
13 Written Documentation $22,000
14 Proposition 218 Assistance $15,140
15 Proposition 218 Customer Notification Mailing $24,620 16 Public Outreach $76,040
17 Council Water Committee Presentation #2 $4,580
18 City Council Presentations $9,160
19 Computer/Rate Models $5,160
TOTAL LABOR $310,665
EXPENSES $24,330
TOTAL PRICE $334,995
3. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.
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Hourly Billable Rate Schedule
Individual Project Role
Hourly
Rates
Shawn Koorn Project Manager $315
Josiah Close Assistant PM $185
Kevin Lorentzen Senior Financial Analyst $245
Mike Falk Wastewater Senior Engineering Support $365
Tom Hoffman Wastewater Engineering Support $195
Analette Ochoa Stormwater Engineering Support $355
Christine Boschen Stormwater Engineering Support $170
Lisa Marie Alley Public Outreach Support $305
Melissa Diamant Public Outreach Support $285
Tom Gould QA/QC $295
Marco Palilla Project Principal/Local Liaison $370
Others Project Administrative/Clerical Support $130
The billing rates shown above cover payroll cost, employee benefits, and HDR overhead and profit.
In House Expenses Unit Price
Vehicle Mileage Current Federal Travel Regulation (FTR) Black/white Photocopies (per copy) $0.05 to $0.09
Color Copies (per copy) $0.15 to $0.30
Direct Expenses:
No markup on direct expenses. Direct expenses (e.g., airfare, hotel car rental, parking, mileage) will be billed at cost.
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. Invoices shall be submitted to the below address:
City of Stockton Municipal Utilities Department
Attention: Program Manager III - Wastewater
2500 Navy Drive
Stockton, CA 95206
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EXHIBIT F
TIMELINE
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EXHIBIT G – DISCRIMINATION AND HARASSMENT POLICY (HR-15) EXHIBIT 1 Contract for WW & SW Rate Studies
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REQUEST FOR PROPOSALS (RFP) PUR 23-027
WASTEWATER AND STORMWATER COST OF
SERVICE RATE STUDY
PROPOSALS WILL BE RECEIVED UNTIL THE HOUR OF 2:00 PM, THURSDAY, APRIL 27, 2023, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA 95202-1997
EXHIBIT H
REQUEST FOR PROPOSAL DOCUMENTS
EXHIBIT 1 Contract for WW & SW Rate Studies
REQUEST FOR PROPOSALS (RFP)
Wastewater and Stormwater Cost of Service Rate Study Services *Dates and Times are Subject to Change*
RFP INFORMATION
PUR-23-027
Contact LYNN SMITH
Email Address [email protected]
Pre-Submittal Meeting There is no Pre-Submittal Meeting.
MANDATORY/OPTIONAL
Site Tour
There is no Site Tour.
RFP Submittal
Mailing, Delivery Address
and Electronic Mail
Office of the City Clerk
425 North El Dorado Street, First Floor
Stockton, CA, 95202-1997
[email protected] (if applicable)
Due Date for Questions
and Clarifications
April 6, 2023; 5:00 PM (Local Time)
Due Date for Response to
Questions/Clarifications
April 13, 2023: 5:00 PM (Local Time)
RFP Submittal Due Date
& Time
April 27, 2023; 2:00 PM (Local Time)
Please note that some overnight delivery services
do not deliver directly to the City Clerk's Office. This could result in the proposal arriving in the City
Clerk's Office after the proposal opening deadline
and therefore not being accepted.
Short-List Interviews (if
applicable)
Anticipated to be the week of May 8, 2023
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NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that sealed proposals will be received no later than Thursday, April 27, 2023 at 2:00 pm (local time) by the City of Stockton, California for Wastewater and Stormwater Cost of Service Rate Study Services – PUR 23-027 in strict accordance with the specifications.
The City of Stockton, herein after referred to as the “City”, is requesting proposals from firms or individuals, herein after referred to as “Proponent” to provide a comprehensive cost of service rate study to the City. The City is seeking a Request for Proposal (RFP) from qualified firms interested in presenting their qualifications, capabilities, approach, and bid for providing a wastewater and stormwater cost of service rate study for the Municipal Utilities Department.
Each sealed proposal shall be marked "PROPOSAL" and shall indicate the project name, number, and proposal opening date, and shall be mailed or delivered to the address below at or before the hour stated. Each Proponent must be licensed in accordance with applicable California State Law.
Proposal forms and specifications are available on the City’s website at www.stocktonca.gov/mudbid. Sealed proposals must be delivered to the Office of the City Clerk, City Hall, 425 North El Dorado Street, Stockton, CA 95202 unless electronic mail delivery to [email protected] is applicable. Proponents will only be identified as responding to the RFP; no proposals will be opened or read aloud.
The City reserves the right to reject any/or all proposals received and re-advertise.
For questions about this project, please contact Lynn Smith at [email protected] or (209) 937-8357.
ELIZA GARZA, CMC, CITY CLERK
CITY OF STOCKTON
EXHIBIT 1 Contract for WW & SW Rate Studies
Contents
1.0 BACKGROUND/SUMMARY ................................................................................................................ 1
2.0 SCOPE OF SERVICES .......................................................................................................................... 3
3.0 PROJECT SCHEDULE OF EVENTS........................................................................................................ 3
4.0 SUBMITTAL REQUIREMENTS............................................................................................................. 5
4.1 PROPOSAL GUIDELINES, CONTENT AND FORMAT........................................................................ 5
4.2 COVER LETTER............................................................................................................................... 6
4.3 REFERENCES.................................................................................................................................. 6
4.4 FINANCIAL STATEMENT ................................................................................................................ 7
4.5 CORPORATE STRUCTURE, ORGANIZATION................................................................................... 7
4.6 PROPOSAL FEE .............................................................................................................................. 7
5.0 SELECTION CRITERIA & EVALUATION................................................................................................ 7
6.0 CITY REQUIREMENTS ........................................................................................................................ 8
6.1 CITY RESPONSIBILITIES.................................................................................................................. 8
6.2 LOCAL BUSINESS PREFERENCE...................................................................................................... 8
6.3 MANDATORY/OPTIONAL PRE-SUBMITTAL MEETING................................................................... 8
6.4 TERM............................................................................................................................................. 8
6.5 OTHER GOVERNMENT AGENCIES ................................................................................................. 8
6.6 INSURANCE REQUIREMENTS ........................................................................................................ 9
6.7 APPLICABLE LAW........................................................................................................................... 9
6.8 METHOD OF PAYMENT ................................................................................................................. 9
6.9 NOTICE TO OUT OF STATE BUSINESS..........................................................................................10
6.10 CONFIDENTIALITY........................................................................................................................10
6.11 PROTEST POLICY..........................................................................................................................10
6.11.A Protest Procedure ...............................................................................................................10
6.11.B Protest Review ....................................................................................................................11
7.0 GENERAL REQUIREMENTS, TERMS & CONDITIONS........................................................................12
7.1 CONSEQUENCE OF PROPOSAL SUBMISSION..............................................................................12
7.2 ACCEPTANCE OR REJECTION OF PROPOSAL ...............................................................................12
7.3 RIGHT TO CHANGE OR AMEND REQUEST...................................................................................12
7.4 CANCELLATION............................................................................................................................13
7.5 EXAMINATION OF PROPOSAL MATERIALS..................................................................................13
7.6 ADDENDA AND INTERPRETATION...............................................................................................13 EXHIBIT 1 Contract for WW & SW Rate Studies
7.7 DISQUALIFICATION......................................................................................................................13
7.8 CONDITIONS IF WORK IS SUBCONTRACTED ...............................................................................14
7.9 LICENSING REQUIREMENTS ........................................................................................................14
7.10 INDEMNITY AND HOLD HARMLESS.............................................................................................14
7.11 COMPETITIVE PRICING................................................................................................................14
7.12 AVAILABLE FUNDING ..................................................................................................................15
7.13 TERMINATION FOR CONVENIENCE.............................................................................................15
7.14 AUDITING CHARGES AND SERVICES............................................................................................15
7.15 CHANGES.....................................................................................................................................15
7.16 AWARD........................................................................................................................................15
8.0 PROPOSAL DOCUMENTS................................................................................................................ 8-1 ATTACHMENT A – PROJECT SUBMITTAL CHECKLIST ............................................................................. 8-2 ATTACHMENT B- PROPONENT’S COVENANT......................................................................................... 8-3 ATTACHMENT C - NON-COLLUSION AFFIDAVIT..................................................................................... 8-4
8.0 PROPOSAL EXHIBITS....................................................................................................................... 9-1
8.1 Exhibit 1 – Insurance Limits ....................................................................................................... 9-1
8.2 Exhibit 2 – Sample Contract....................................................................................................... 9-1 EXHIBIT 1 Contract for WW & SW Rate Studies
1.0 BACKGROUND/SUMMARY
The City of Stockton (City) is a charter city incorporated in 1850 and located in California’s San Joaquin Valley. The City is the county seat of San Joaquin County and is 78 miles east of the San Francisco Bay Area, 337 miles north of Los Angeles and 40 miles south of Sacramento. The County is bound by Sacramento County to the north and by Stanislaus County to the south. Approximately 310,000 residents live in Stockton.
The Stockton Municipal Utilities Department (MUD) manages, operates, and maintains three (3) utility enterprises: Water, Wastewater, and Stormwater. The Wastewater and Stormwater Enterprises are the subject of this Request for Proposals (RFP).
The Wastewater Enterprise generally includes the regional wastewater collection system and the treatment and disposal facilities located at the Stockton Regional Wastewater Control Facility (RWCF).
The RWCF is permitted to collect, treat, and discharge up to 55 million gallons per day (mgd) of wastewater. The collection system conveys all wastewater for the service area to the Stockton RWCF through approximately 1,484 miles of sanitary pipelines. Wastewater generally flows by gravity (east to west) to the sewer pump stations located throughout the City where it is then pumped to the RWCF.
There are 35 sanitary pumping stations operating in the collection system. Wastewater is treated at the Stockton RWCF and discharged into the San Joaquin River. The RWCF currently processes wastewater in three steps: primary, secondary, and tertiary (advanced) which are required to meet environmental standards. Construction is nearing completion for the construction of the RWCF treatment processes as part of the RWCF Modifications project; scheduled to be completed by June 2024 in order to comply with new effluent limitations in the NPDES Permit.
The City established the Stormwater Utility in 1991 to provide a source of funding for stormwater management and adopted an interim stormwater rate in 1992. This rate was not developed nor intended to fund costs for the entire stormwater program. In 1993, the City of Stockton and the County of San Joaquin entered into an agreement to become co-permittees to administer the Stormwater National Pollutant Discharge Elimination (NPDES) Permit. The agreements are updated every five years with the issuance of new Stormwater Permits from the California Regional Water Quality Control Board, Central Valley Region. The storm drain system conveys stormwater through approximately 685 miles of stormwater pipelines, 76 pump stations, and more than 100 discharge pipes to our local rivers, creeks, and sloughs.
There is an urgent need to complete these rate studies in an expedited manner. The proposal should account for a proposed completion date of May 2024 for both studies and any potential ballot procedure.
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1.1 EXISTING RATE AND FEE STRUCTURE
Wastewater
The sewer rate structure is based on a user classification system consisting of four categories: residential, commercial, institutional, and industrial. The following are the current rates effective July 1, 2023:
Present Residential Wastewater Rates
City: Contract User, City Billed & Maintained
Single Family $55.68
Multi-Family $52.45
Apartments $47.57
Contract Users; County District Billing
Single Family $50.77
Multi-Family $47.05
Apartments $41.75
Present Commercial & Institutional Wastewater Rates
City: Contract User; City Billed & Maintained $26.83
Volumetric Charge
Low Strength ($/hcf) $2.22
Medium Strength ($/hcf) $2.70
High Strength ($/hcf) $4.54
Schools/Churches ($/hcf) $1.30
Contract Users; City Billed, County Maintained $23.56
Volumetric Charge
Low Strength ($/hcf) $2.22
Medium Strength ($/hcf) $2.70
High Strength ($/hcf) $4.54
Schools/Churches ($/hcf) $1.30
Present Industrial Wastewater Rates
Monthly Flat Rate Charge Per Customer $26.83
Volumetric Charge Capacity
Volume ($/MG/mo) $864.80
BOD ($/1,000 lbs/mo) $140.13
TSS ($/1,000 lbs/mo) $102.88
Annual Operations & Maintenance
Volume ($/MG/mo) $748.52
BOD ($/1,000 lbs/mo) $52.14
TSS ($/1,000 lbs/mo) $83.45
Stormwater
The rate structure is based on an estimated impervious area concept, where the impervious areas of a parcel are those that are covered by hard surfacing such as pavement and asphalt, as well as buildings and roofs. The concept employs the premise EXHIBIT 1 Contract for WW & SW Rate Studies
that those who contribute more runoff to the system should pay more for the service the utility provides.
With the impervious area method, stormwater rates are calculated based on an equivalent residential unit (ERU), which is the base unit of measure in the stormwater rate structure.
The billing rate for all residential units is equal to the calculated charge for one ERU. For non-residential land uses, the specific charges vary. The billed amount is determined by multiplying the gross parcel size by a density of development factor. That result is then divided by the area of one ERU (2,347 ft2
) and multiplied by the charge for a single ERU to determine the bill for that parcel.
The density of development factor is the average percent impervious coverage for parcels in a given class. These classes and their corresponding density of development factors include:
Commercial – 90%; Institutional – 62%; and Industrial – 79%.
2.0 SCOPE OF SERVICES
The work product must include wastewater and stormwater cost of service rate study, rate models, and Proposition 218 services for the evaluation of rate impacts from future efforts such as wastewater treatment alternatives, environmental compliance, or other legislative mandates imposed by regulatory agencies. The professional consulting firm shall conduct, but not be limited to performing the following services:
A. Evaluation of the City’s current policies, goals, and objectives of the utilities and development of a “baseline scenario” which will serve as the standard for measuring/evaluating the changes from alternative rate structures, including any changes that will result in typical monthly billings to customers.
B. Meeting(s) with City staff for determination of required data collection and analysis.
C. Evaluation of current rate classes, rate structure and assessment of appropriateness, and examination of potential alternatives.
D. Determination of a monthly service charge that fully supports operations and maintenance, replacement, capital improvements, and potential debt service costs.
E. Review of projected maintenance repair or replacement costs of wastewater and stormwater utility assets, which will be built into the rate analysis.
F. Supply a project schedule for developing the recommended rate structure with identifiable deliverables including any preliminary and final reports.
G. Provide an easy-to-use electronic rate model in MS Excel that will be used to evaluate alternative scenarios.
H. Prepare any and all necessary reports required by law or otherwise (including but not limited to requirements set forth in California Government Code Section 66001) for the adoption of a recommended rate structure.
I. Provide a comparative rate analysis to at least ten (10) other comparable communities in the Northern California, particularly the Northern San Joaquin Valley.
J. Meet or confer with staff and other consultants as needed and attend all public meetings, hearings and/or work sessions with the City Council and/or its Committees to present EXHIBIT 1 Contract for WW & SW Rate Studies
interim and final recommendations in an effort to obtain input. The following are the expected meetings:
1. Two (2) Public Outreach
2. Two (2) Water Advisory Group
3. Two (2) Council Water Committee
4. Two (2) City Council
5. Three (3) City Staff
6. Four (4) webinar/conference calls (minimum)
2.1 Wastewater
A. Prepare a wastewater cost of service rate study including evaluation of funding options for wastewater utility maintenance and improvements over the next 10 to 20 years, and any requirements of the current wastewater NPDES.
B. Preparation of a comprehensive final report of the rate study which represents the current rate information and recommended rates over the next 1 to 5 years, with methodology and supporting analysis, connection fees and rate comparisons, with consideration and recommendations for the 5 to 20-year time frame. The report shall be signed by a professional engineer certified by the State of California.
C. Incorporate Long Range Financial Plan for funding future capital improvements, including the 2022 Wastewater Master Plan and the Capital Improvement and Energy Management Plan for the wastewater fund to the cost of the service rate study.
D. Assist with public outreach; make outreach recommendations and schedule, including press releases and other media strategies for educating impacted property owners.
E. Conduct and coordinate all required mailings and fee notifications to all affected property owners impacted by the proposed changes to the rate structure and/or billing and facilitate handling of and tabulations of protests.
F. Provide additional assistance as it pertains to any applicable requirements set forth in Proposition 218.
G. Prepare Proposition 218 notifications and presentation materials for public hearings.
H. Any other related services not included, or specifically identified herein.
2.2 Stormwater
A. Development of a revenue sufficiency forecast for the stormwater enterprise fund, which will take into account current and projected expenditures, capital improvements including recommendations in the 2023 Stormwater Master Plan, requirements for compliance with the NPDES permit, and reserve requirements for managing the City of Stockton Stormwater Management Program.
B. Obtain assessor data and other real property information required for preparation of benefit analysis, cost estimates, method of apportionment and other property related fee and engineering elements required for the required Engineer’s Report.
C. Prepare preliminary Engineer’s Report in accordance with requirements of Proposition 218.
D. Assist with the preparation and review of resolutions for the ballot proceeding to increase the stormwater fee, including preliminary approval of Engineer’s Report and all property related fee ballot proceeding requirements.
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E. Develop and implement outreach strategy to educate impacted property owners. This may include developing and implementing polling prior to balloting.
F. Design, print and mail all property related fee notices and ballots in accordance with the requirements of Proposition 218.
G. Facilitate mailing, return and tabulation of ballots.
H. Prepare required resolutions and materials needed for the final confirmation of the ballot results and stormwater fee.
I. Assist with public hearings.
2.3 Study Considerations
For each utility:
A. The recommended rate structure shall be consistent with industry practice for utility rates in California and comply with all government codes and regulations.
B. Meet or confer with City staff to discuss any findings, recommendations and potential legal concerns set forth by Proposition 218.
C. The recommended rate structure shall be based on actual cost of service and shall be sufficient to meet the revenue requirements of the utility including the capital costs and ongoing operations and maintenance costs for 10 years
D. The recommended rate structure shall be easy to administer and understand and take into consideration the City of Stockton’s billing system capabilities.
E. The recommended rate structure shall take into consideration the City’s existing and proposed reserve fund policies.
3.0 PROJECT SCHEDULE OF EVENTS
The dates indicated on page i of this RFP are the anticipated milestones for this project. All dates are subject to change.
4.0 SUBMITTAL REQUIREMENTS
4.1 PROPOSAL GUIDELINES, CONTENT AND FORMAT
The City of Stockton uses a qualifications-based selection process in obtaining these services. In order for the City to properly evaluate the Proponents’ qualification to perform this work, the proposals shall include, as a minimum, the following information:
A. Evidence of the Proponent’s ability to be responsive to this project in regard to timeliness and expertise, including availability of staff proposed to be assigned.
B. The Proponents are encouraged to expand on the Scope of Work to demonstrate their expertise. Evaluation of the proposals will be based on qualifications, the experience of staff proposed to be assigned to the project, references, and thoroughness of the Proponent’s response to the Scope of Services.
C. Such additional information that the Proponent may feel would be pertinent to assist the City of Stockton in making its final decision.
D. Please submit one (1) original and four (4) copies of your proposal/qualifications.
Additionally, submit one (1) electronic version of the proposal via one (1) USB, or EXHIBIT 1 Contract for WW & SW Rate Studies
emailed electronically to [email protected]. The original should be unbound to allow us to reproduce your proposal, as needed.
E. The proposal shall not exceed 10 pages on double sided paper using a minimum text font size of 10. The cover letter, table of contents, executive summary, project team resumes, Financial Statement and Non-Collusion Affidavit are not counted in the page limitation. Company brochures shall not be included in the proposal.
F. The proposal must be submitted, typewritten on 8½” X 11” white paper and must be bound in a secure manner.
G. Material and data not specifically requested for consideration, but which the Proponent wishes to submit must not appear with the Proposal but may appear only in an “Additional Data” section. This has specific reference to the following types of data:
Generalized narrative of supplementary information; and Supplementary graphic material.
H. All proposals must be signed with the full name of the Proponent, if an individual; by an authorized general partner, if a partnership; or by an authorized officer, if a corporation.
I. When proposals are signed by an agent other than an officer of a corporation or a member of a general partnership, a power of attorney authorizing the signature must be submitted with the proposal.
J. The original proposal must have wet ink signatures. Modification to a proposal after the proposal submittal deadline will not be accepted by the City.
4.2 COVER LETTER
Submit a letter on your company letterhead addressing the proposal and format. The letter should be signed by an officer of the firm authorized to bind the firm to all comments made in the proposal, and shall include the name, address, phone number and e-mail address of the person(s) to contact who will be authorized to represent your firm.
In no more three (3) pages, the Cover Letter and Executive Summary shall include:
A. The names of the key members of the Proponent team;
B. The mailing address, telephone number, and the name of the main point of contact for the Proponent team;
C. A summary of the consultant’s experience and qualifications as it relates to the Scope of Work of this solicitation and the significant advantages to selecting the Proponent; D. An acknowledgement of receiving any addendum(s) to the solicitation document.
4.3 REFERENCES
Provide a list of references with current contact person, e-mail address and phone number who may be contacted regarding firm performance.
The review team will conduct a background reference review of each respondent. Please include the following information for three (3) projects that the proposed consultant team worked on together:
A. Name of the Project/Study
B. Location of the Project
C. Name, title, and contact information for the client.
EXHIBIT 1 Contract for WW & SW Rate Studies
D. Project Budget
E. Date of Completion of the Project
4.4 FINANCIAL STATEMENT
The Proponent must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the services required herein.
Proponent shall submit a full and detailed presentation of the true condition of the Proponent’s assets, liabilities and net worth. The report should include a balance sheet and income statement.
If the Proponent is a new partnership or joint venture, individual financial statements must be submitted for each general partner or joint venture thereof. If firm is a publicly held corporation, the most current annual report should be submitted.
Any Proponent who, at the time of submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Proponent under federal bankruptcy law or any state insolvency, may be declared non-responsive.
4.5 CORPORATE STRUCTURE, ORGANIZATION
Describe how your firm is organized, noting major divisions and any parent/holding companies, as well as brief history of the firm and all personnel potentially to be involved in the project including all sub-consultants. Designate the Principal in Charge and other key personnel. Include résumés. Also provide a description of the experience your firm has had with similar processes.
4.6 PROPOSAL FEE
Submit the proposal fee under sealed, separate envelope. Do not include with the technical proposal response. Provide detailed basic fee structure and break-down of any other charges related to your firm’s proposal as specified. Finalist’s fee structure may be subject to negotiation.
5.0 SELECTION CRITERIA & EVALUATION
The City is interested in selecting a qualified firm with the ability to provide the scope of work described in this solicitation and resulting awarded contract. A key component for the successful firm will be the ability to meet the performance desires of the City while minimizing the cost.
The Evaluation Panel will consist of City of Stockton staff and any other person(s) designated by the City.
Following review of the proposals, the Panel may invite one or more Proponents to make an oral presentation. During these presentations, the Proponent will be allowed to present such information as may be appropriate in order that the Panel can effectively and objectively analyze all materials and documentation submitted as part of the proposals.
Each firm must be represented by an individual who will be the prime contact person to the City and any other individuals whom the firm may select. The highest-rated proposal(s) will then be further scrutinized through financial analysis and reference checks.
Proposals shall be evaluated according to; demonstrated understanding of tasks required, technical approach to specified operations, qualifications of staff, experience of company, demonstrated EXHIBIT 1 Contract for WW & SW Rate Studies
knowledge of best practices for identified scope, financial business strength and fee schedule proposal.
Proper format and demonstrated experience will merit consideration.
To that end, the Panel will evaluate the proposals based on, but not limited to, the following criteria:
1. Proponent’s approach and schedule to provide all services as outlined in the Scope of Services and related documents;
2. Related experience with similar projects, company background and personnel qualifications;
3. Proponent’s Fee Schedule - completed and signed under separate, sealed cover;
4. Proponent’s Covenant;
5. Non-Collusion Affidavit;
6. References;
7. Submitted and signed Addendums;
8. Financials Review;
9. Interview/Presentation, if applicable; and
10. Any other criteria as best suits the City of Stockton.
6.0 CITY REQUIREMENTS
6.1 CITY RESPONSIBILITIES
City will provide all readily available plans, documentation, and data necessary for completing the above tasks.
Staff will be available as needed and will assist with coordination of stakeholder meetings and public outreach.
6.2 LOCAL BUSINESS PREFERENCE
Stockton Municipal Code Section 3.68.090 reads as follows:
Preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal. Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter
5.08, License Taxes, shall be granted two (2) percent bid preference. Local merchants who have a physical business location within the boundaries of the City of Stockton, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted five (5) percent bid preference. This section is intended to provide preference in the award of certain City contracts in order to encourage businesses to move into and expand within the City. (Ord. 2014-03-18-1601 C.S. § 1; prior code § 3-106.1)
6.3 MANDATORY/OPTIONAL PRE-SUBMITTAL MEETING
There is no Pre-Submittal meeting for this project.
6.4 TERM
The City intends to establish a two (2) year contract.
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Final term of contract will be negotiated with awarded proponent.
6.5 OTHER GOVERNMENT AGENCIES
If mutually agreeable to all parties, the use of any resultant contract/purchase order may be extended to other political subdivisions, municipalities, or tax supported agencies.
Such participating governmental bodies shall make purchases in their own name, make payment directly to successful Proponent and be liable directly to the successful Proponent, holding the City of Stockton harmless.
6.6 INSURANCE REQUIREMENTS
Proponent, at Proponent’s sole cost and expense and for the full term of the resultant contract or any extension thereof, shall obtain and maintain at least all of the insurance requirements listed in attached Exhibit B.
All coverage shall be provided by a carrier authorized to transact business in California and shall be primary. All policies, endorsements, and certificates shall be subject to approval by the Risk Manager of the City to Stockton as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager.
Maintenance of proper insurance coverage is a material element of this contract, and failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.
The Proponent shall assert that these insurance requirements will be met as part of their proposal response. Failure to comply with these insurance requirements may result in a proposal being deemed unresponsive. Proponent shall satisfy these insurance requirements concurrently with the signing of the contract prior to commencement of work. It is strongly suggested that insurance requirements be reviewed with Proponent’s broker to ensure any additional costs are included in the proposal pricing component.
Any questions pertaining to insurance requirements, please contact City of Stockton Risk Services at (209) 937-5037.
6.7 APPLICABLE LAW
Applicable law shall be governed by the laws of the State of California. Venue shall be proper in the Superior Court of the State of California, County of San Joaquin, Stockton Branch, or, for actions brought in Federal Court, the United States District Court for the Eastern District of California, Sacramento Division.
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
6.8 METHOD OF PAYMENT
Payment will be made within thirty (30) days after invoices are received and accepted by the City. Invoices are to be rendered monthly, unless prescribed differently per contract.
EXHIBIT 1 Contract for WW & SW Rate Studies
6.9 NOTICE TO OUT OF STATE BUSINESS
It is the policy of the City of Stockton to pay all applicable California sales/use tax directly to the State Board of Equalization (BOE) pursuant to California Revenue and Taxation Code 7051.3. The City of Stockton will self-accrue all sales/use tax on purchases made from out-of-state business, unless documentation is provided by Proponent evidencing the business is registered with the state of California.
Sales and use tax on purchases made by the City of Stockton from all companies located outside California, not registered with the state and whose products are shipped from out of state will be remitted to the BOE directly by the City under permit number SR KHE 28-051174 DP. Please do not include sales/use tax on the invoice that you submit to the City of Stockton.
Questions regarding the City of Stockton’s payment of sales/use tax can be directed to the City of Stockton’s Procurement Division at (209) 937-8357.
6.10 CONFIDENTIALITY
If Proponent believes that portions of a proposal constitute trade secrets or confidential commercial, financial, geological, or geophysical data, then the Proponent must so specify by, at a minimum, stamping in bold red letters the term "CONFIDENTIAL" on that part of the proposal which the Proponent believes to be protected from disclosure. The Proponent must submit in writing specific detailed reasons, including any relevant legal authority, stating why the Proponent believes the material to be confidential or a trade secret. Vague and general claims as to confidentiality will not be accepted. The City will be the sole judge as to whether a claim is general and/or vague in nature. All offers and parts of offers that are not marked as confidential may be automatically considered public information after the contract is awarded. The Proponent is hereby put on notice that the City may consider all or parts of the offer public information under applicable law even though marked confidential.
6.11 PROTEST POLICY
Protest and Appeal Procedures. In order to maintain fairness and impartiality, the City of Stockton has established a solicitation protest policy and procedure.
6.11.A Protest Procedure
6.11.1 All protests must be in writing and stated as a formal protest.
6.11.2 A casual inquiry, complaint, or a statement of intent to protest that does not provide the facts and issues and does not comply with the content requirements or deadlines, will not be considered or acted upon as a protest.
6.11.3 The protest must contain a complete statement of the basis for the protest and must include all relevant supporting documentation.
6.11.4 The solicitation process and procedures, including evaluation criteria, shall not be proper grounds for protest. Concerns related to the solicitation process and procedures, including evaluation criteria, should be raised and addressed, if at all, prior to the bid/proposal due date and time to allow adjustments before evaluation of the solicitation.
6.11.5 Protests must be filed with the City's Chief Financial Officer, or designee, at the address listed in the Solicitation Protest FAQ sheet and Procurement Procedure EXHIBIT 1 Contract for WW & SW Rate Studies
Manual, not later than five (5) days after the date the City mails the Letter of Intent to Award.
6.11.6 Deliveries of the protest by hand, mail, email or fax are acceptable.
6.11.7 The City is not responsible for lost or misplaced protests, or to assure the protest is received within the protest deadlines
6.11.8 The party challenging the award decision to bear the burden of proof of material error to justify invalidation of the proposed award.
6.11.B Protest Review
6.11.1 The Chief Financial Officer or designee shall respond in writing at least generally to each material issue raised in the protest.
6.11.2 The Chief Financial Officer's, or designee 's, administrative decision may be appealed in writing to the City Manager no later than (5) business days after the date the Chief Financial Officer's, or designee's, the decision is mailed to the protesting party.
6.11.3 The City Manager shall review and decide the appeal based on the grounds and documentation set forth in the original protest to the Chief Financial Officer, or designee.
6.11.4 Each party shall bear its own costs and expenses involved in the protest and appeal process, including any subsequent litigation.
6.11.5 The City Manager's administrative decision is final. After the City Manager issues the final administrative decision, the time in which judicial review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094 or as such section may be amended from time to time.
6.11.6 If the protested procurement involves state or federal funds, the Chief Financial Officer, or designee, shall give notice to the interested party that he or she has the right to appeal to the appropriate agency, which shall be identified by name and address. An appeal hereunder shall be filed with the appropriate agency within five (5) working days of the dispatch of rejection notices to the interested party(ies).
6.11.7 The City may require the protesting party to submit a City Council approved non-refundable protest fee to cover the administrative cost of processing the protest.
Bidders, Proponents, and contractors wishing to protest or appeal a procurement or contracting decision by the City must follow the procedures provided by this section. The City will not review protests or appeals that are not submitted in accordance with these provisions and procedures.
A copy of this policy can be requested from the procurement specialist by emailing [email protected].
EXHIBIT 1 Contract for WW & SW Rate Studies
7.0 GENERAL REQUIREMENTS, TERMS & CONDITIONS
7.1 CONSEQUENCE OF PROPOSAL SUBMISSION
A. The City shall not be obligated to respond to any proposal submitted nor be legally bound in any manner by the submission of a proposal.
B. Acceptance by the City of a proposal obligates the Proponent to enter into an agreement with the City.
C. An agreement shall not be binding or valid against the City unless or until it is executed by the City and the Proponent.
D. Statistical information contained in these documents is for informational purposes only.
The City shall not be responsible for the accuracy of said data. City reserves the right to increase or decrease the project scope.
7.2 ACCEPTANCE OR REJECTION OF PROPOSAL
A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from, or to a proposal may be sufficient grounds for rejection of the proposal. The City has the right to waive any defects in a proposal if the City chooses to do so. The City may not accept a proposal if any document or item necessary for the proper evaluation of the proposal is incomplete, improperly executed, indefinite, ambiguous, or missing.
The City reserves the right to select the successful proposal and negotiate an agreement as to the scope of services, the schedule for performance and duration of the services with Proponent whose proposal is most responsive to the needs of the City. Further, the City reserves the right to reject any and all proposals, or alternate proposals, or waive any informality or irregularity in the proposal as is in the City's best interest.
The City reserves the right to reject any and all proposals, or portions thereof, received in response to the solicitation or to negotiate separately with any source whatsoever, in any manner necessary, to serve the best interests of the City. Additionally, the City may, for any reason, decide not to award an agreement as a result of this RFP.
Non-acceptance of any proposal shall not imply that the proposal was deficient. Rather, nonacceptance of any proposal will mean that another proposal was deemed to be more advantageous to the City or that the City decided not to award an agreement as a result of this RFP.
7.3 RIGHT TO CHANGE OR AMEND REQUEST
The City reserves the right to change the terms and conditions of this RFP. The City will notify potential Proponent of any material changes by posting on the City’s website. No one is authorized to amend any of the RFP requirements in any respect, by an oral statement, or to make any representation or interpretation in conflict with its provisions. If necessary, supplementary information and/or clarifications/questions/answers will be posted on the City’s website at www.stocktonca.gov/mudbid. Failure of any Proponent to not have received such information and/or clarifications/questions/answers shall not relieve such Proponent from any obligation under his/her proposal as submitted.
EXHIBIT 1 Contract for WW & SW Rate Studies
Any exceptions to this Proposal shall be clearly stated in writing.
7.4 CANCELLATION
The City reserves the right to rescind award of the contract at any time before execution of the contract by both parties if rescission is deemed to be in City’s best interest. In no event shall City have any liability for the rescission of award. The Proponent assumes the sole risk and responsibility for all expenses connected with the preparation of its proposal.
7.5 EXAMINATION OF PROPOSAL MATERIALS
The submission of a proposal shall be deemed a representation and warranty by the Proponent that it has investigated all aspects of the RFP, that it is aware of the applicable facts pertaining to the RFP process and its procedures and requirements, and that it has read and understands the RFP. No request for modification of the provisions of the proposal shall be considered after its submission on the grounds the Proponent was not fully informed as to any fact or condition.
Statistical information which may be contained in the Solicitation or any addendum is for informational purposes only. The City disclaims any responsibility for this information which may subsequently be determined to be incomplete or inaccurate.
7.6 ADDENDA AND INTERPRETATION
The City will not be responsible for, nor be bound by, any oral instructions, interpretations, or explanations issued by the City or its representatives. Any request for clarifications, questions, or answers of this RFP shall be made in writing/e-mail and deliverable to:
CITY OF STOCKTON
ATTN: LYNN SMITH
PROCUREMENT DIVISION
400 E MAIN, 3RD FLOOR
STOCKTON, CA 95202
[email protected]
Such request for clarifications/questions/answers shall be delivered to the City in accordance with the date identified on page i of this Solicitation. Any City response to a request for clarifications/questions/answers will be posted on the City’s website at www.stocktonca.gov/mudbid the date identified on page i of this Solicitation, and will become a part of the Solicitation. The Proponent should await responses to inquiries prior to submitting a proposal. .
7.7 DISQUALIFICATION
a. Any of the following may be considered cause to disqualify a Proponent without further consideration:
b. Evidence of collusion among Proponents;
c. Any attempt to improperly influence any member of the evaluation panel; d. Any attempt to communicate in any manner with a City of Stockton elected official during the RFP process will, and shall be, just cause for disqualification/rejection of Proponent’s proposal/Proponent’s bid submittal and considered non-responsive. e. A Proponent's default in any operation of a professional services agreement which resulted in termination of that agreement; and/or
EXHIBIT 1 Contract for WW & SW Rate Studies
f. Existence of any lawsuit, unresolved contractual claim, or dispute between Proponent and the City.
g. No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section
3.68.120 of the Municipal Code.
7.8 CONDITIONS IF WORK IS SUBCONTRACTED
The Proponent assumes full responsibility, including insurance and bonding requirements, for the quality and quantity of all work performed.
If Proponent's supplier(s) and/or subcontractor's involvement requires the use of a licensed, patented, or proprietary process, the proponent of the process is responsible for assuring that the subcontractor, supplier, and/or operator have been properly authorized to use the process or for providing another process which is comparable to that which is required prior to submission of a proposal.
7.9 LICENSING REQUIREMENTS
Any professional certifications or licenses that may be required to perform the scope of work will be the sole cost and responsibility of the successful Proponent.
A City of Stockton Business license may be required for this project. Please contact the City of Stockton Business License Division at (209) 937-8313.
7.10 INDEMNITY AND HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton.
This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
7.11 COMPETITIVE PRICING
Proponent warrants and agrees that each of the charges, economic or product terms or warranties granted pursuant to this Contract are comparable to or better than the equivalent charge, economic or product term or warranty being offered to any similarly situated commercial or other government customer of Proponent. If Proponent enters into any arrangements with another customer of Proponent to provide product under more favorable charges, economic or product terms or warranties, Proponent shall immediately notify City of such change and this Contract shall be deemed amended to incorporate the most favorable charges, economic or product terms or warranties.
EXHIBIT 1 Contract for WW & SW Rate Studies
7.12 AVAILABLE FUNDING
Any contract which results from this RFP will terminate without penalty at the end of the fiscal year in the event funds are not appropriated for the next fiscal year. If funds are appropriated for a portion of the fiscal year, this contract will terminate without penalty, at the end of the term for which funds are appropriated.
7.13 TERMINATION FOR CONVENIENCE
The City may terminate the resultant Agreement for convenience at any time by mailing a notice in writing to the Contractor.
7.14 AUDITING CHARGES AND SERVICES
The City reserves the right to periodically audit all charges and services made by the successful Proponent to the City for services provided under the contract. Upon request, the Proponent agrees to furnish the City with necessary information and assistance.
7.15 CHANGES
The City’s Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the Proponent or as recommended by the Proponent’s project manager, pursuant to the adopted City of Stockton Standard Specifications.
7.16 AWARD
Upon conclusion of the Solicitation process, the City may award a contract may for services identified in the Solicitation. The City reserves the right to select the successful Proponent and to negotiate terms of a contract with the Proponent whose proposal is most responsive to the needs of the City. Further, the City reserves the right to reject any and all proposals, or alternate proposals, or waive any informality in the proposal as is in the City's best interest.
EXHIBIT 1 Contract for WW & SW Rate Studies
8.0 PROPOSAL DOCUMENTS
Wastewater and Stormwater Cost of Service Rate Study Services PUR-23-027
SUBMITTAL DUE: THURSDAY, APRIL 27, 2023 AT 2:00 PM
RFP Submittal
Mailing, Delivery Address
and Electronic Mail
Office of the City Clerk
425 North El Dorado Street, First Floor
Stockton, CA, 95202-1997
[email protected] (if applicable)
Proponent Business Name
Proponent Contact Name
Proponent Address
Proponent Phone Number
Proponent Email Address
Department of Industrial
Relations ID Number (if
applicable)
EXHIBIT 1 Contract for WW & SW Rate Studies
ATTACHMENT A – PROJECT SUBMITTAL CHECKLIST
THIS CHECKLIST IS FOR PROVIDED FOR YOUR CONVENIENCE ONLY. IT IS NOT REQUIRED TO BE SUBMITTED WITH PROPOENT PROPOSAL.
Complete the following proposal attachments (FROM THIS PACKET ONLY SUBMIT PAGES FROM SECTION 8 AND PLACE IN THE FRONT OF YOUR PROPOSAL).
Sign and notarize by jurat certificate the "Non-Collusion Affidavit" form. An "All-Purpose Acknowledgment" form will not be sufficient.
Complete and sign a "Proponent's Fee Schedule" form, (under separate cover). Sign the "Proponent’s Covenant" form. Include (with proposal) name and e-mail address for City contact, if different from signatoree.
Include your proposal, as outlined in these specifications. Submit one (1) ORIGINAL (unbound, no staples) and FOUR (4) COPIES of all proposal documents.
Additionally, submit one (1) electronic version of the proposal via one (1) USB, or emailed electronically to [email protected].
Review, print and sign all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid and submit with proposal response. Use Section 8.0 Proposal Documents to deliver sealed proposal timely to City Hall, City Clerk's Office (1st floor), 425 North El Dorado Street, Stockton, CA 95202, or electronically to [email protected].
EXHIBIT 1 Contract for WW & SW Rate Studies
ATTACHMENT B- PROPONENT’S COVENANT
In submitting this proposal, as herein described, the Proponent agrees that:
1. They have carefully examined the Scope of Work and all other provisions of this document and understand the meaning, intent and requirements of same.
2. They will enter into contract negotiations and furnish the services specified.
3. They have signed and notarized the attached Non-Collusion Affidavit form, whether individual, corporate or partnership. Must be ‘A Jurat’ notarization.
4. They have reviewed all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid.
5. Confidentiality: Successful Proponent hereby acknowledges that information provided by the City is personal and confidential and shall not be used for any purpose other than the original intent outlined in the Request for Proposal. Breach of confidentiality shall be just cause for immediate termination of contract agreement.
FIRM
ADDRESS
SIGNED BY & DATE
TITLE OR AGENCY
PHONE/FAX NUMBER
EMAIL
EXHIBIT 1 Contract for WW & SW Rate Studies
ATTACHMENT C - NON-COLLUSION AFFIDAVIT
No. 1 AFFIDAVIT FOR INDIVIDUAL PROPONENT
STATE OF ____________, )ss.
County of )
(insert)
being first duly sworn, deposes and says: That on behalf of any person not named herein; that said Proponent has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Proponent.
(Signature Individual Proponent)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal __________________________________________
Signature ____________________________
No. 2 AFFIDAVIT FOR CORPORATION PROPONENT
STATE OF ____________, )ss.
County of )
(insert)
being first duly sworn, deposes and says: That they
are the of a corporation, which
corporation is the party making the foregoing bid, that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Proponent has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Proponent.
(Signature Corporation Proponent)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by ______, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal _____________________________
Signature ____________________________
EXHIBIT 1 Contract for WW & SW Rate Studies
No. 3 AFFIDAVIT FOR FIRM, ASSOCIATION, OR CO-PARTNERSHIP STATE OF _____________, )ss.
County of )
(insert)
, each being first duly sworn, depose and say: That they are a member of the firm, association or co-partnership, designated as _____who is the party making the foregoing bid; that the other partner, or partners, are that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Proponent has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation shall or should refrain from proposing; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Proponent.
(Signature)
(Signature)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal
EXHIBIT 1 Contract for WW & SW Rate Studies
9.0 PROPOSAL EXHIBITS
9.1 Exhibit 1 – Insurance Requirements
The Risk Services Division develops insurance requirements for all contracts for the City of Stockton. The Division also reviews and approves all bonds and evidence of insurance, including Certificates of Insurance and endorsements for all contracts. Examples include:
• Contracts - Constructions, Professional Services, Supplier, Lease • Permits - Encroachment, Revocable, Street Closures, Block Parties • Bonds - Performance, Maintenance, Labor and Materials • Community Services – Special Events
This project is subject to Insurance Requirements for Wastewater and Stormwater Cost of Service Rate Study Services
9.2 Exhibit 2 – Sample Contract
Any major provision changes to the sample contract should be submitted by the Proponent along with the proposal response.
EXHIBIT 1 Contract for WW & SW Rate Studies
City of Stockton
Legislation Text
File #: 23-0764, Version: 1
CONSIDERATION OF AN ORDINANCE AMENDING TITLE 10, CHAPTER 10.12, ARTICLE I OF
THE STOCKTON MUNICIPAL CODE RELATING TO BICYCLE LICENSE REQUIREMENTS
RECOMMENDATION
It is recommended that the City Council adopt an ordinance amending Article I of Chapter 10.12 of the Stockton Municipal Code regarding bicycle license requirements.
Summary
On July 19, 2023, the Legislation and Environmental Committee unanimously approved Motion 2023- 07-19-0302 forwarding a recommendation to the City Council to adopt an ordinance removing Article I of Chapter 10.12 of the Stockton Municipal Code regarding bicycle license requirements. In accordance with Committee direction, the proposed ordinance is presented for adoption by the City Council. No changes were made since the presentation to the Committee.
DISCUSSION
Background
On May 17, 2023, the Legislation and Environmental Committee received information regarding Stockton Municipal Code (SMC) Chapter 10.12 related to bicycles and bicycle lane safety. During public comment a member of the public addressed the bicycle license requirements, indicating that the license requirements should be removed. Following the discussion, the Committee directed Staff to return with an ordinance to amend Chapter 10.12 by removing the mandatory bicycle license requirement and the regulations regarding the purchase, sale, and transfer of secondhand bicycles.
The Police Department verified that the licenses are rarely issued, explaining that over the past two (2) years only twenty-one (21) licenses have been issued, and that criminal enforcement is not actively pursued. Additionally, the Department confirmed that it does not monitor or actively enforce the regulations with respect to the purchase, sale, or transfer of secondhand bicycles.
Accordingly, staff returned with ordinance options to the July 19, 2023 Legislation and Environmental Committee meeting for the removal of the mandatory bicycle license requirements and the regulations regarding of the purchase, sale, or transfer of secondhand bicycles. At this meeting the Committee unanimously approved Motion 2023-07-19-0302 forwarding a recommendation to the City Council to adopt an ordinance removing Article I of Chapter 10.12 regarding bicycle license requirements. No changes were made to the proposed ordnance since the presentation to the Committee.
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File #: 23-0764, Version: 1
Present Situation
In accordance with Committee direction, the proposed ordinance removes Article I of Chapter 10.12 in its entirety (Attachment A). Article I is marked as “reserved” for future code as needed. By deleting all of Article I, this ordinance removes all bicycle licensing requirements and penalties. The removal of Article I will also delete the regulations regarding the purchase, sale, or transfer of secondhand bicycles.
If at a later date, the City wants to establish a voluntary registration program, it can still do so. Such a program could be established and managed administratively. No ordinance language is specifically required.
FINANCIAL SUMMARY
The approval of the proposed ordinance will impact the Bicycle License Fees established under the City Fee Schedule (Attachment B). However, given the exceptionally low participation, the anticipated impact is de minimis. The fee schedule will be adjusted to remove both the bicycle license and the renewal fee. The fee schedule will be updated during the next budgetary cycle in accordance with normal clean up procedures. Until the update, the nonapplicable fees will not be charged.
Attachment A - Proposed Ordinance Removing Bicycle License (redline) Attachment B - Bicycle License Fee, Page F - 82 of FY 2023-24 Fee Schedule City of Stockton Page 2 of 2 Printed on 8/16/2023
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ATTACHMENT A
1 ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 10, CHAPTER 10.12, ARTICLE I OF THE
STOCKTON MUNICIPAL CODE RELATING TO BICYCLE LICENSE REQUIREMENTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. AMENDMENT OF CODE
Title 10, Chapter 10.12, Article 1 of the Stockton Municipal Code is amended to read as follows:
Reserved.
10.12.010 Operation without license—Unlawful.
It is unlawful for any person to operate or use a bicycle propelled wholly or in part by muscular power upon any of the streets, alleys or public highways of the City, without first obtaining from the Police Department a license therefor. (Prior code § 10-072.1)
10.12.020 License issued by Police Department.
The Police Department of the City is hereby authorized to issue, upon written application, bicycle licenses which shall be effective from date of issuance. Such application shall be signed by the applicant, and if such applicant is under 18 years of age, the application shall also be signed by a parent of such applicant having legal custody of said minor, or by the guardian of the person of said minor. (Prior code § 10- 072.2)
10.12.030 License plates—Identification cards.
A. The City shall provide metallic license plates and renewal stickers, which said metallic license plates shall have thereon numbers stamped or printed in numerical order. Such metallic license plates shall be suitable for attachment upon the frames of bicycles, and it shall be the duty of the Police Department to attach one such metallic license plate to the frame of each bicycle and to issue to said licensee a corresponding bicycle identification card upon payment of the license fee herein provided for. Such metallic license plate shall remain attached to said bicycle.
B. The Police Department shall also keep a record of the date of issue of each license, to whom issued and the number thereof. Records shall be maintained during the period of validity of the license either/or until notification that the bicycle is no longer to be operated. No bicycle license hereunder, or any transfer thereof shall be issued unless the bicycle which it covers, shall be equipped with a proper rear reflector or rear light, as defined by the Vehicle Code of the State. (Prior code § 10-072.3)
10.12.040 License renewals.
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ATTACHMENT A
2 Bicycle licenses shall be renewed on January 1st of the third year following the year of registration. Renewal of a bicycle shall be indicated by a supplementary adhesive sticker affixed parallel to and above or below the metallic license plate with expiration date shown. (Prior code § 10-072.3.1)
10.12.050 License fee.
The bicycle license fee shall be as established by resolution of the City Council in accordance with Division 16.7 of the California Vehicle Code and regulations issued thereunder. (Prior code § 10-72.4)
10.12.060 Alteration or removal of numbers on bicycle frames—Unlawful.
It is unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter the number of any bicycle frame licensed pursuant hereto. It is also unlawful for any person to remove, destroy, mutilate or alter any license plate, seal or registration card during the time in which said license plate, seal or registration card is operative. Provided, however, that nothing herein shall prohibit the Police Department from stamping or otherwise placing numbers on the frames of bicycles on which no serial number can be found, or on which said number is illegible or insufficient for identification purposes. (Prior code § 10-073)
10.12.070 Purchase of secondhand bicycles.
All persons engaged in the business of buying secondhand bicycles are hereby required to make daily reports to the Police Department, giving the name and address of the person from whom each bicycle is purchased, the description of each bicycle purchased, the frame number thereof, and the number of the metallic license plate attached thereto, if any. (Prior code § 10-074)
10.12.080 Sale of new or secondhand bicycles.
All persons engaged in the business of selling new or secondhand bicycles are hereby required to make a daily report to the Police Department, giving a list of all sales made by such dealers, which list shall include the name and address of each person to whom sold, the kind of bicycle sold, together with a description and frame number thereof, and the number of the metallic license plate attached thereto, if any. (Prior code § 10- 075)
10.12.090 Transfer of bicycle ownership.
It shall be the duty of every person who sells or transfers ownership of any bicycle, to report such sale or transfer by returning to the Police Department the registration card issued to such person or licensee thereof, together with the name and address of the person to whom said bicycle was sold or transferred, and such report shall be made within five (5) days from the date of said sale or transfer. It shall be the duty of the purchaser or transferee of such bicycle to apply for a transfer of registration therefor, within five (5) days from date of said sale or transfer. (Prior code § 10-076) 1317
ATTACHMENT A
3 10.12.100 Penalties.
A. Violation a Misdemeanor. Any person, firm or corporation who violates any provision hereof shall be deemed guilty of a misdemeanor and punishable as such.
B. Seizure and Impounding. In addition to the penalty set forth in subsection A of this section, the Chief of Police or any member of the Police Department of the City, may impound and retain possession of any bicycle operated in violation of any of the provisions of this article and retain possession of the same until the license provided for herein is obtained by the owner of said bicycle.
C. Suspension of Registration. In addition to the penalties set forth in subsection A of this section, the said Chief of Police of the City is hereby granted authority to suspend, for a period not to exceed 30 days, the registration card of, and to remove the license tag from any bicycle which is operated by the owner or rider thereof in violation of or contrary to any law of the State, or any ordinance of the City, during which time, the said Chief of Police may take possession of and impound said bicycle. That at the expiration of the said period of suspension, the said registration card and license tag, shall be restored to said bicycle, and the said bicycle delivered to its owner at the office of the said Chief of Police. (Prior code §§ 10-077—10-077.3) SECTION II. SEVERABILITY
If any section of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given without the invalid provisions or application, and to this end the provisions of this act are severable.
SECTION III. EFFECTIVE DATE
The Ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED: ___________________
EFFECTIVE: ___________________
__________________________
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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Police Department
Traffic
(209) 937-8377
FY 2023-24 Adopted Fee Schedule
Account # Effective
Date
Description Amount
Bicycle Licenses
3515-000-420018-100-000-00-35-J6 7/1/2023 Bicycle license $8.00 3515-000-420018-100-000-00-35-J6 7/1/2023 Bicycle license renewal fee $2.00 DUI Fees
4020-000-441005-100-000-20-40-FRS003 7/1/2023 Fire response See Fire Dept. Suppression Misc. Fees
3515-000-450016-100-000-00-35-S5 7/1/2023 Arrest only $295.00 3515-000-450016-100-000-00-35-S6 7/1/2023 DUI accident no injury $510.00 3515-000-450016-100-000-00-35-S7 7/1/2023 DUI injury accident $752.00 3515-000-450016-100-000-00-35-S8 7/1/2023 DUI fatal accident $1,300.00 Miscellaneous Traffic Fees
3515-000-441007-100-000-20-35-R9 7/1/2023 Impounded vehicle, per release $241.00 3515-000-441007-100-000-20-35-R9 7/1/2023 Abandoned vehicle abatement $20.75 3515-000-441007-100-000-20-35-R9 7/1/2023 Vehicle repossession release $15.00 3515-000-441007-100-000-20-35-R9 7/1/2023 Off-site vehicle ID number verification $81.00 3515-000-441007-100-000-20-35-R9 7/1/2023 Off-site citation sign off $38.75 3515-000-441007-100-000-20-35-R9 7/1/2023 On-site other agency citation sign-off $12.25 Taxi and Tow Fees
3515-000-423500-100-000-00-35-F5 7/1/2023 Taxicab Driver - Permit/Renewal Permit & application fee
$79.50
3515-000-423500-100-000-00-35-MU 7/1/2023 Tow Vehicle Operator & Driver Permit/Renewal Permit and application fee
$106.25
3500-000-445012-100-000-20-35-R0 7/1/2023 Taxicab inspection, per inspection $112.00 3515-000-441007-100-000-20-35-R9 7/1/2023 Tow truck inspection, per inspection $128.00 3500-000-445012-100-000-20-35-R0 7/1/2023 Taxicab re-inspection $56.75 3515-000-441007-100-000-20-35-R9 7/1/2023 Tow truck re-inspection $62.50 Taxicab stand/parking space permit
3515-000-423500-100-000-00-35-F5 7/1/2023 Per quarter for each space (SMC 5.84.440) $193.00 Traffic Devices
3519-318-441006-100-000-20-35-4B 7/1/2023 Neighborhood Watch sign $21.00 Division General Comments (Applicable to all Fees)
City of Stockton F - 82 FY 2023-24 Adopted Fee Schedule ATTACHMENT B 1319 1 ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 10, CHAPTER 10.12, ARTICLE I OF THE
STOCKTON MUNICIPAL CODE RELATING TO BICYCLE LICENSE REQUIREMENTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. AMENDMENT OF CODE
Title 10, Chapter 10.12, Article 1 of the Stockton Municipal Code is amended to read as follows:
Reserved.
SECTION II. SEVERABILITY
If any section of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given without the invalid provisions or application, and to this end the provisions of this act are severable.
SECTION III. EFFECTIVE DATE
The Ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED: ___________________
EFFECTIVE: ___________________
__________________________
KEVIN J. LINCOLN, II
Mayor of the City of Stockton
ATTEST:
______________________________
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
1320
City of Stockton
Legislation Text
File #: 23-0768, Version: 1
APPROVE MOTION TO EXECUTE A THREE-YEAR CONTRACT WITH TWO (2) ONE-YEAR
OPTIONS TO EXTEND WITH ALLIED UNIVERSAL FOR CITYWIDE SECURITY SERVICES (PUR 23-019)
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to execute a three-year contract with two (2) one-year options to extend between the City of Stockton (City) and Universal Protection Service, LP, dba: Allied Universal Security Services (Allied Universal) for Citywide security services for a total contract amount not to exceed $10,390,980.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
It is further recommended that the City Manager be authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
Summary
This item was previously approved by City Council by Motion 2023-07-11-1207 on July 11, 2023. It is being brought before Council again for administrative clarification. The previous staff report erroniously stated that the pricing proposal submitted by Allied Universal was the lowest bid of the top four interviewed. While the Allied Universal bid was not the lowest, Allied Universal was still selected by the committee for the reasons discussed below. Furthermore, the previous staff report did not request that City Council approve findings pursuant to Stockton Municipal Code (SMC) 3.68.070 in support of an exception to the competetive bidding process. This item is being re-submitted to Council to clear up any potential confusion over the selection process and to ensure that a proper finding is made with respect to SMC 3.68.070.
The City issued a Request for Proposals (RFP) for Citywide security services (PUR 23-019) on February 23, 2023, and received eleven responses. The RFP review committee, consisting of representatives from the City Manager, Community Services, and Public Works Departments, rated each proposal and eleven proposers were invited to participate in an interview on April 14, 2023. The committee recommends the City contract with Allied Universal from Stockton, CA. The contract term will be for a three -year term, with two (2) one-year options to extend in an amount not to exceed $10,390,980.
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File #: 23-0768, Version: 1
DISCUSSION
Background
Since 2008, the City has contracted for security services at various City buildings to provide customer assistance, patrol after hours, escort employees and customers to their vehicles, provide security at City Council meetings, and provide security at the library branches throughout San Joaquin County.
In December 2013, the contract with First Alarm Security and Patrol Inc. was approved with an annual estimated cost of $660,000 based on 36,203 hours of service. As a result of federal and state statutory minimum wage and benefit mandates, Security Officer Service rates and Security Patrol Service rates were increased in 2016, 2017, and 2018.
The current contract extension with Securitas is set to expire on August 31, 2023. With that contract nearing expiration, the City issued a Request for Proposals (RFP) for private security services as the City will require the use of private security services for fixed-post and bicycle patrol security services at the following City facilities:
· City Hall - Administrative Services, City Council meetings · Police Headquarters - Stewart Eberhardt Building
· Community Development - Permit Center
· Public Works Sites - Corporation Yard and Van Buskirk Golf Course · Community Service Sites - Libraries and Recreation (Pools and Community Centers) · Economic Development Site - Pixie Woods
· Municipal Utility Site - Municipal Utilities Plant
Hours, staffing, and specific duties vary by location and are at the discretion of each Department based on its unique security needs. It is advantageous for the City to have one contractor provide these services as it allows for flexibility in assignments while encouraging a standard service level and limiting required contract oversight by City staff.
Present Situation
The RFP was issued on February 23, 2023, directly e-mailed to eleven prospective vendors, advertised in The Record, and posted on the City’s Bid Flash website. A mandatory job walk was held on March 16, 2023, to discuss each site and requirements for each site. Thirteeen proposals were received, two vendors did not attend the mandatory job walk, resulting in only eleven proposals being deemed eligible to participate in the interview process, and the RFP review committee, consisting of representatives from the City Manager, Community Services, and Public Works Departments, rated each proposal based on criteria set forth in the RFP Bid Specification.
The following proposers were invited to participate in an interview with the RFP review committee on April 14, 2023:
· A1 Protective Services
· ABA Protection
· Allied Universal
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File #: 23-0768, Version: 1
· American Global Security
· American Guard Services
· Contact Security
· Good Guard Services/Trine
· Professional Security Services
· Quality Security Services
· Securitas Security Services USA, Inc.
· Security Systems Management, Inc.
Following the interviews, the RFP review committee ranked Allied as the most appropriate proposal, based on need, and PD staff began contract negotiations with Allied Universal. Allied Universal was selected based on their experience with similar agencies (i.e., courthouses, City Halls, Libraries, and Municipal buildings). Allied Universal also demonstrated the ability to fulfill all the required staffing for the City, which was a concern to the review committee due to the increase in service hours required Citywide, compared to current services provided with the existing contract. Project deliverables include providing premium affordable service through regular up-to-date guard training sessions, report writing techniques, software that allows for client online monitoring, and a professional physical presence to deter crime.
The contract will be managed by the Police Department/Fiscal Affairs Division to coordinate quarterly meetings with participating Departments to assess satisfaction and address any global issues related to the contracted services. Monthly billing, including invoice review and payment, will be handled by the individual Departments in an effort to maintain direct oversight of the day-to-day services.
Findings
Pursuant to SMC section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
1. Use of the RFP process is appropriate for this contract for citywide security services because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of this criteria helps ensure the selection of a vendor that will provide the highest quality professional service, which is in the public interest.
2. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
FINANCIAL SUMMARY
The total annual cost is within the existing budget appropriation for each of the locations requesting services, and an additional budget appropriation is not needed at this time. Each Department participating in this contract is responsible for budgeting appropriate funding in its annual operating budgets. Should the needs of the City change during the contract term, Allied Universal will remain flexible and can increase or decrease services as needed.
Allied Universal has committed to a pricing commitment as follows:
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File #: 23-0768, Version: 1
The rate for year one, $28.48 an hour including benefits, is $1.25 more per hour than the current contract price. Allied Universal has eight designated holidays per year. Overtime will be limited to emergency situations and special requests by City staff. It is estimated that the annual cost of these services paid to Allied will not exceed $2,887,023 based on approximately 91,299 annual hours of service. The annual cost will be charged to the General Fund, City enterprise funds including Central Parking, Municipal Utilities, as well as other funds partially funded with General Fund dollars such as the Library, Recreation, and Fleet Internal Service Fund.
Attachment A - Contract for Security Guard Services
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CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton (“City”) and Universal Protection Service, LP, dba: Allied Universal Security Services as set forth in Exhibit A to this Agreement.
(“Contractor”) to provide Citywide Security Services
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: September 1, 2023 Terminates on: August 31, 2026
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: $ 10,390,980
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
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
_Universal Protection Service, LP, dba: Allied Universal Security Services Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
Authorized Signature Date
Printed Name and Title of Person Signing
1341 W. Robinhood Dr., Ste. B-7 Stockton, CA 95207
CITY OF STOCKTON
Harry Black, City Manager Date
ATTEST:
Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
1 (Rev. 10.27.22)
Agreement Number:
July 21, 2023
Eric McGarty, Regional President
ATTACHMENT A 1325
EXHIBIT A
STATEMENT OF WORK
1.0 Project Objectives
1.1 The Contractor shall provide fixed post and patrol security services, including, but not limited to, bicycle, vehicle, and foot patrol at the various City of Stockton facilities, in accordance with the estimated schedule in Exhibit F.
1.2 Except in emergency situations (as determined by the City), daily start and stop times, days of the week, and seasonal start and stop times can be altered for each location with at least 24 hours advanced notice by the City. The City reserves the right to adjust the schedule (increase or decrease hours) for any site or to add or subtract sites based on operational needs and/or budgetary resources.
2.0 Project Scope
2.1 Within City facilities, the Contractor shall encounter, confront, and address issues which may include, but not be limited to, loitering, homelessness, property crime related to theft or vandalism, crowd control, and public safety during large special events and meetings, and disorderly conduct.
2.2 Contractor shall provide all labor, material, vehicles, bicycles, and personnel equipment such as flashlights, radio, cellular phones, tablets or other communication devices, safety gear that may be required for the site (i.e., steel-toed shoes, reflective vests, hardhats, etc.) and guard uniforms.
2.3 Contractor shall provide security services in accordance with the requirements of this scope of services. Contractor shall be responsible for the following services and duties:
2.3.1 Establish a visual presence that communicates to the public that the facilities are safe and secure.
2.3.2 Greet, engage, and assist visitors in each facility, patrol, and maintain security. Escort unwanted visitors out as quickly as possible if they linger in the facility after inquiring whether they need assistance.
ATTACHMENT A 1326
2.3.3 Lock and unlock buildings, gates, and access ways and maintain key security. The Contractor shall be responsible for the series of keys assigned to it and assign these keys to its personnel to maintain the facilities. The Contractor shall properly use and keep safe all keys or locks issued by the City to the Contractor. The Contractor shall report all lost or stolen keys or locks to the City within twenty-four (24) hours of discovering the keys or locks are lost or stolen. The Contractor shall reimburse the City for the total cost of re-keying, replacement keys, and/or locks that have been lost. Upon termination or cancellation of the resulting contract, the Contractor shall immediately return all keys, cards, remotes, etc., to the City. The Contractor shall reimburse the City for the total cost of lost items. It is the City's responsibility to make/duplicate any keys, which should be requested to the appropriate department and issued following the City's key request policy.
2.3.4 Respond to security, fire, and critical alarms or calls. Provide effective, efficient, and proper responses and follow through with authorities and appropriate department contacts when emergencies arise in the facilities.
2.3.5 Monitor and ensure restricted areas are limited to authorized persons only.
2.3.6 Secure assets against damage, theft, fire, flood, storm, tempest, or other events that may cause damage as instructed.
2.3.7 Manage lost and found items by turning them into authorized personnel to be determined by the City.
2.3.8 Keep and maintain a record of activity throughout the shift with a Daily Activity Report (DAR), reporting significant events to the City as instructed.
2.3.9 Review and analyze the DAR of the previous shift and take appropriate actions as necessary.
2.3.10 Make regular and randomly complete, timed daily rounds (even in inclement weather) throughout all facilities, including but not limited to multiple facility levels, parking lots, exterior perimeter, stairwells, public restrooms, lobbies, basements, or anywhere that a person could hide or sleep. After thoroughly checking a ATTACHMENT A 1327
facility, security personnel shall write down observations/actions taken in the DAR.
2.3.11 Engage those sleeping in or around City facilities, inform them that this behavior is prohibited, and escort them from the facility.
If the person is a repeat offender or does not cooperate and leave the facility, the security guard shall call the Stockton Police Department (SPD).
2.3.12 Engage people urinating or defecating in or around any City facility and inform them that this behavior must cease
immediately; it is unacceptable, illegal, and subject to citation.
The security guard shall call SPD if the person is disobedient, nonconforming, defiant, and/or threatening.
2.3.13 Respond to emergencies, intervene to resolve the incident, and contact the proper authorities immediately, including SPD and/or Stockton Fire Department (SFD).
2.3.14 Designate a primary point of contact, referred to as the "Project Manager," for City staff to communicate with on an as-needed basis. The Project Manager shall keep the City informed of any, and all personnel changes and any site-specific issues or recurring problems.
2.3.15 Provide a supervisor to monitor, evaluate, and provide coverage for guard performance at all sites, and for all shifts.
2.3.16 Ensure security Supervisor shall make changes to staff's weekly regular schedules, as needed, to compensate for scheduled and unscheduled absences; read, review, and approve all DAR and Special Incident Report (SIR) forms; correct security guards for lack of performance issues, such as inability to follow written or oral instructions, and uniform appearance; attend regularly scheduled meetings with Contractor's Project Manager and City personnel, and proactively address any gaps in service level or guard performance.
2.3.17 Ensure proper protocol of metal detector and wand screening, positively identifying all alerts.
2.3.18 Ensure 24/7 security services at the Municipal Utilities Department (MUD) and Municipal Services Center (Public
Works) facilities. Services shall include those listed as well as manning a guard booth at the main entrance to check in
visitors, monitor cameras, control ingress and egress at the gates, and
ATTACHMENT A 1328
generally control access to the facility. In addition to manning the guard booth, there may be additional roaming security staff to make random checks of the buildings and facilities to ensure no incidental access and provide break and mealtime coverage to the guard booth staff.
2.3.19 Ensure the safety of City employees by escorting them to vehicles, upon request.
3.0 Specifications
3.1 REPORTING REQUIREMENTS
3.1.1 Contractor shall be required to update and maintain DAR and SIR documenting security-related problems at each site. Contractor shall ensure that the DARs and SIRs are verified for
completeness/accuracy. DAR and SIR forms must be made available to the City upon request.
3.1.2 Contractor shall ensure that each DAR includes at a minimum the following information:
3.1.2.1 Security Guard's name, assignment, equipment check, date/time/facility, and descriptions of patrol activities.
3.1.2.2 Summary of security logs including the number of reported incidents and associated details along with photos of the incidents.
3.1.2.3 Record of any actions, follow-ups or updates on the identified incidents.
3.1.2.4 Summary of any reportable incidents.
3.1.2.5 List of any vehicles that are out of service and details of the nominated replacement vehicles.
3.1.2.6 Hourly communication between security guards and supervisors shall be recorded on the DAR.
3.1.2.7 DARs must be digital and emailed to authorized City personnel for each site, each day.
3.1.2.8 Produce SIRs for all crimes committed in the facilities, medical medical aid calls when advanced medical aid needs to be summoned, any injury on City property, and any irregular or ATTACHMENT A 1329
suspicious activity which needs to be documented outside the daily DAR. Contractor shall ensure that each SIR includes at a minimum the following information:
3.1.2.8.1 Date, time, facility address, Security Guard's name, and badge number.
3.1.2.8.2 A detailed description of the incident; and
3.1.2.8.3 All actions that were taken, i.e., license plate numbers, names, phone numbers, descriptions, photos,
statements, locations, police case numbers, and names of City staff contacted, when applicable.
3.2 EMPLOYEE SELECTION
3.2.1 The City holds the right to reject or demand the immediate replacement of any security employees that do not meet one or more of the selection or performance criteria noted below. In an effort to retain site knowledge and expertise, the Contractor shall interview existing security staff for potential employment. All employees selected to work at any City of Stockton location shall be qualified based on meeting, at a minimum, the following:
3.2.1.1 Be a United States Citizen or possess the necessary authority from the U.S. Citizenship and Immigration Services to be employed in the United States.
3.2.1.2 Possess a valid California driver’s license.
3.2.1.3 Possess a high school diploma or equivalent.
3.2.1.4 Possess the ability to communicate effectively in the English language, both oral and written. Write legible, complete, and accurate DARs.
3.2.1.5 Successfully pass a drug screening evaluation and background investigation to include fingerprinting within the previous twelve (12) months.
3.2.1.6 Possess adequate physical and mental health, including good, corrected eyesight (correctable to 20/20, good visual acuity and normal color perception), hearing, sense of smell, and mobility necessary to perform security guard service functions.
3.2.1.7 Ability to assess a situation, and quickly determine what is going on and what type of assistance/action will be needed.
ATTACHMENT A 1330
3.2.1.8 Ability to walk three (3) miles, including stairwells, in good physical condition during assigned shift.
3.2.1.9 Ability to give general directions and information to customers.
3.2.1.10 Ability to be professional, courteous, and helpful; and the ability to display a proactive problem-solving approach to issues and questions. Security guards should be outgoing and focused on customer service as a critical part of their security function.
3.2.1.11 If selected to drive a security vehicle, the employee(s) must maintain a good driving record, including, but not limited to, no moving violations within the last twelve (12) months, have had proper training in the use of all equipment associated with the use of the vehicle, including first aid/CPR training.
3.2.1.12 Possession of valid credentials evidencing Security Guard Registration with the Bureau of Security and Investigative Services of the California Department of Consumer Affairs. The guard must be always in possession of these credentials and must be presented at any time to any law enforcement officer or City representative. Failure of a guard to meet this requirement may result in liquidated damages and nonpayment by City to Contractor for such guard services. Contractor shall replace the guard in the event the guard fails to provide proper credentials.
3.2.1.13 Shift Supervisor: Same qualifications as a security guard and ability to effectively supervise security guards and make changes to staff's weekly regular schedules, as needed, to compensate for scheduled and unscheduled absences. Have a working knowledge of company's organization, training, and resources outside of the City account. Maintain and obtain company equipment such as vehicles, flashlights, uniforms, blank DAR, and SIR report forms. Read, review, and sign guards' DAR and SIR forms. Have the ability to correct security guards for lack of performance issues such as the inability to follow written or oral instructions and uniform appearance.
Attend weekly meetings with Contractor's Project Manager and City personnel.
3.3 TRAINING
3.3.1 Contractor shall have a formal, written training plan for employees and document employee attendance and participation. The training plan should provide for ongoing employee training based on specific ATTACHMENT A 1331
job assignments and locations. Training shall include but not be limited to the proper use of all equipment, how to provide exceptional customer service, a protocol for how to report concerns, issues, breaches of security while on duty, and proper chain of command for both site locations and within the Contractor's company. Site training shall include specific expectations of staff while on duty, breaks, and at the start and end of the shift. Backfill employees must be trained in on-site protocols prior to starting a shift.
3.3.2 Contractor shall complete and maintain training records, which indicate all initial and recurrent training and any examination results, permits, licenses, and registrations required by State Law or City Ordinance, for all employees assigned to duty under a City of Stockton contract. The Contractor shall maintain training records for terminated employees for at least one year after termination or the period required by State law, whichever is longer. These records will be available for inspection by the City upon request. The Contractor shall ensure all employees assigned to City sites will be thoroughly familiar with the requirements of the duty station and applicable City policies to the duty station assigned.
3.4 SUPERVISION
3.4.1 Contractor shall provide adequate supervision of personnel to ensure their employees are always attentive while on duty, and employees do not sleep, read, text, play video games, watch television, access the internet or any social media site, listen to audio headset equipment, consume alcohol, or perform any other distracting task while on duty. Contractor shall ensure their employees are properly uniformed, neat, and professional in appearance, and courteous and professional in demeanor, at all times while on duty. Contractor agrees to schedule supervisor to attend regularly scheduled meetings with City staff to review contract performance on not less than a quarterly basis. Times, dates, and places to be determined.
3.4.2 Contractor shall ensure DAR logs are maintained at each site to verify area is secured and document any unusual activity. Specific requirements may vary by site.
3.4.3 Contractor is responsible for payment of their employees' wages, salaries, overtime, benefits, taxes, insurance, and other required costs associated with employment. At no time are they considered employees of the City of Stockton. Employees assigned to duties with the City shall not work more than 12 hours per day with a turnaround time of fewer than 12 hours, or 52 hours per week on all ATTACHMENT A 1332
assignments combined. The City will not pay overtime unless requested by and approved by the Project Manager.
3.5 PROFESSIONAL STANDARDS, UNIFORMS, AND EQUIPMENT
3.5.1 Contractor shall provide all necessary uniforms and equipment for their personnel. Contractor shall ensure that all uniforms are clean and pressed and clearly show the word "Security" on it as well as visibly display a name badge with the guard's picture, name, and the name of the Contractor.
3.5.2 Contractor shall ensure that all staff acts professionally, and is courteous, well-groomed, well-mannered, and helpful to all customers. Contractor shall have established comprehensive standards of appearance for maintaining both professional standards of conduct and neat personal appearance for its employees.
3.5.3 Required equipment includes a flashlight, pen and paper, either a portable two-way radio or a cellular telephone, and an automobile, bicycles, and necessary safety equipment required by Contractor policy– all in good working condition. Other equipment such as rain gear, handcuffs, and pepper spray, may be used with permission of the City. Contractor shall report any equipment malfunctions, problems, safety, and/or maintenance concerns to the City.
3.5.4 Contractor shall ensure all security equipment such as radios, mobile phones, parking compliance devices, etc. are appropriately charged and in good working order. Additional portable phone charger must be provided so that personnel is never without a cell phone while phone charges. Cell phone must be on personnel and answered during billable hours at each site.
3.5.5 Contractor shall maintain evidence of all required training and permits for any equipment assigned or used by their employees while on duty for the City.
3.6 VEHICLE
3.6.1 Vehicles used by Contractor shall comply with the following:
3.6.1.1 Be clearly marked as a security patrol vehicle on the front, back, and both sides with the Contractor's company name and
insignia.
3.6.1.2 Be equipped with an emergency lighting system, in accordance with the California Highway Patrol, emergency road flares, and ATTACHMENT A 1333
first aid kit. If the use of a rental vehicle is necessary, it must be clearly marked as a security patrol vehicle while at any assigned City location.
3.6.1.3 Be clean and well maintained in safe operating condition. The Contractor shall maintain vehicle maintenance and inspection records for all vehicles used to provide security guard service to the City. These records will be available for inspection upon request by the City.
3.6.1.4 Be properly licensed with current registration and insured in accordance with State law.
3.7 BICYCLES
3.7.1 Bicycles used by Contractor shall comply with the following:
3.7.1.1 Be clearly marked as a security patrol bicycle with the Contractor's company name and insignia.
3.7.1.2 Be equipped with a lighting system including reflectors and other safety equipment in accordance with the California Vehicle Code.
3.7.1.3 Be clean and well maintained in safe operating condition. The Contractor will maintain bicycle maintenance and inspection records for all bicycles used to provide security guard service to the City of Stockton.
3.7.1.4 Be properly licensed with the City in accordance with the Stockton Municipal Code
3.8 CONTRACT PERFORMANCE
3.8.1 The City will evaluate Contractor's performance under the conditions of the resulting contract. The Contractor shall be required quarterly per calendar year with the City representative(s).
4.0 Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: Allied Universal Security Services City: City of Stockton Attn: City Manager
425 N. El Dorado Street
Attn: Eddie Esparza
1341 W. Robinhood Dr., Ste. B-7
Stockton, CA 95207 Stockton, CA 95202
ATTACHMENT A 1334
5.0 Key Personnel
City of Stockton - Allied Universal Key Personnel
Name TBH Name Eddie Esparza
Title
Contact
#
Account Manager Title
Contact
#
General Manager
408-688-4817
Email Email [email protected]
Name Juan Thomas Name Larry Reid
Title
Contact
#
Client Manager
510-501-8469
Title
Contact
#
Regional Vice President
925-532-6920
Email [email protected] Email [email protected]
Name Cesar Hernandez
Title
Contact
#
Director of Operations
209-507-1683
Email [email protected]
10. Option to Renew.
The term of the Agreement may be extended by two (2) options to renew for one (1) additional years by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed five (5) years.
ATTACHMENT A 1335
REV 2022-05-17
Exhibit B:
Insurance Requirements
(Universal Protection Service LP dba Allied Universal Security Services City Wide Security 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.
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, $2,000,000 aggregate.
5. Crime/Fidelity Bond - Insurance no less than $1,000,000 per occurrence, covering all officers and employees, for loss of proceeds caused by dishonesty.
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.
ATTACHMENT A 1336
REV 2022-05-17
The contractor’s broader coverage will not exceed the limits indicated on the Certificate of Insurance.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability 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.
ATTACHMENT A 1337
REV 2022-05-17
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.
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 ATTACHMENT A 1338
REV 2022-05-17
endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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
ATTACHMENT A 1339
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1Invoices 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 16 ATTACHMENT A 1340
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 17 ATTACHMENT A 1341
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 18 ATTACHMENT A 1342
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 this 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. 19 ATTACHMENT A 1343
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.
20 ATTACHMENT A 1344
24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
21 ATTACHMENT A 1345
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.
22 ATTACHMENT A 1346
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 ATTACHMENT A 1347
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 ATTACHMENT A 1348
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.
ATTACHMENT A 1349
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.
ATTACHMENT A 1350
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 $10,390,980 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.
Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.
Additionally, items such as a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary, and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.
Reimbursement shall be made at actual costs with no markup added to the actual cost.
1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.
Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
ATTACHMENT A 1351
1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.
1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed 0 %.
2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
3. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.
Hourly Billable Rate Schedule
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. Invoices shall be submitted to the below address:
City of Stockton Police Department
Attention: Jeanetta McDonald, Fiscal Affairs
22 E. Weber Ave., 4th floor
Stockton, CA 95202
ATTACHMENT A 1352
City Hall
EXHIBIT F
TIMELINE
1. Contractor shall complete the requested services identified in Exhibit A as follows:
1.1 PROJECT SCHEDULE
Location/Description of
The City reserves the right to adjust schedule (increase or decrease hours) for any location or to add or subtract locations based on operational need and/or budgetary resources.
Services Post Type Days Times Weekly Hours Annual Hours Lobby ‐ 425 N. El Dorado
Cesar Chavez Library (2
guards each day)
Fair Oaks Library
libraries, and pools Alarm Response Any Any Avg 82
Pixie Woods‐3121 Monte
Diablo Ave. Alarm Response Any Any 200
82 605 N. El Dorado St. Fixed Mon./Tue./Thu. 1000‐2000 60 3,120 Wed. 1300‐2000 14 728
Fri. 1000‐1700 14 728
Sat. 1000‐1700 14 728
5,304
2 random patrols during
8 hr shift Vehicle patrol Sun.‐Sat. 2200‐0600 14 728
116 6,032
2370 E. Main St. Fixed Mon. & Tue. 1000‐1800 16 832
Wed. 1300‐1800 5 260
Thu. 1000‐2000 10 520
Street Fixed Mon.‐ Alt. Fri. 0730‐1730 112.5 5,491
Basement Fixed Mon.‐ Alt. Fri. 0545‐2030 141.75 7,371
Civic Center Parking Lot Bicycle Mon.‐ Alt. Fri. 0545‐2030 70.875 3,686 Council Meetings‐ 1.5
guards; dates and times
will vary (35 weeks per
yr. estimated) Fixed Tue. 1200‐2000 8 280
Fixed Tue. 1600‐2030 2.25 79
333.125 16,907
16,907
Stewart Eberhardt
Building (Police
Headquarters)
Lobby ‐ 22 E. Weber Ave. Fixed Mon.‐ Alt. Fri. 0730‐1730 50 2,600 2,600
2,600
Permit Center
Lobby ‐ 345 N. El Dorado Fixed Mon.‐ Alt. Fri. 0800‐1600 36 1,872 1,872
1,872
Alarm Response
Various City buildings,
community and
recreation centers,
ATTACHMENT A 1353
Fri. 1000‐1700 7 364
Sat. 1200‐1700 5 260
Margaret Troke Library
43 2,236
502 W. Ben Holt Dr. Fixed Mon./Tue./Thu. 1000‐2000 30 1,560 Wed. 1300‐2000 7 364
Fri. 1000‐1700 7 364
Sat. 1000‐1700 7 364
2,652
2 random patrols during
*Seifert Community
Center
NOTE: Day Camp Weeks(15 weeks per year)
Fixed Mon.‐Thu. 0730‐2000 50 750
Fri. 0730‐1900 11.5 173
3,337
128 W. Benjamin Holt Dr Fixed Mon.‐Thu. 1500‐2000 20 740 Fri. 1500‐1900 4 148
Sat. 0900‐1700 8 416
NOTE: Day Camp Weeks(15 weeks per year)
Fixed Mon.‐Thu. 0730‐2000 50 750
Fri. 0730‐1900 11.5 173
2,227
*Oak Park Senior Center
8 hr shift Vehicle patrol Sun.‐Sat. 2200‐0600 14 728
Maya Angelou Library
65 3,380
2324 Pock Ln. Fixed Mon. 1000‐2000 10 520
Tue. & Thu. 1000‐1800 16 832
Wed. 1300‐1800 5 260
Fri. 1000‐1700 7 364
Sat. 1200‐1700 5 260
43 2,236
Tracy Library
20 E. Eaton Ave., Tracy Fixed Mon. & Thu. 1500‐2000 10 520 Tue. 1100‐1900 8 416
Wed. 1300‐1800 5 260
Fri. 1100‐1700 6 312
Sat. 1000‐1700 7 364
Sun. 1200‐1700 5 260
Manteca Library
41 2,132
320 W. Center St.,
Manteca Fixed Mon. 1200‐2000 8 416
Tue. & Thu. 1000‐1800 16 832
Wed. 1300‐1800 5 260
Fri. & Sat. 1000‐1700 14 728
Sun. 1200‐1700 5 260
48 2,496
Ripon Library
333 W. Main St., Ripon Fixed Mon. 1300‐2000 7 364
Tue. & Thu. 1200‐1800 12 624
Wed. 1300‐1800 5 260
Fri. 1200‐1700 5 260
30 1,508
*Arnold Rue Community
Center
5758 Lorraine Ave. Fixed Mon.‐Thu. 0900‐2000 44 1,628
Fri. 0900‐1900 10 370
Sat. 0900‐1700 8 416
ATTACHMENT A 1354
*Stribley Community
Center
*Van Buskirk Community
Center
730 E. Fulton St. Fixed Mon.‐Fri. 0800‐1700 45 2,340
2,340
1760 E. Sonora St. Fixed Mon.‐Thu. 0900‐2000 44 1,628
Fri. 0900‐1900 10 370
Sat. 0900‐1700 8 416
NOTE: Day Camp Weeks(15 weeks per year)
Fixed Mon.‐Thu. 0730‐2000 50 750
Fri. 0730‐1900 11.5 173
3,337
734 Houston Ave. Fixed Mon.‐Thu. 0900‐2000 44 1,628
Fri. 0900‐1900 10 370
Sat. 0900‐1700 8 416
NOTE: Day Camp Weeks(15 weeks per year)
Fixed Mon.‐Thu. 0730‐2000 50 750
Fri. 0730‐1900 11.5 173
3,337
*Brooking Park Pool Memorial Day ‐ Labor Day
4505 Nugget Ave., 95207 Fri. 1600‐2000 4 56
Sat. ‐Sun. 1300‐1930 13 195
251
*Holiday Park Pool
5710 Kermit Ln., 95207
Memorial Day ‐ Labor Day
Tues. & Thurs. 1400‐1700 6 168
Wed. & Fri. 1400‐2000 12 168
Sat. & Sun. 1300‐2000 14 210
546
*Oak Park Pool
3754 Alvarado Ave.,
Memorial Day ‐ Labor Day
95202 Tues. & Thurs. 1400‐1700 6 84
Wed. & Fri. 1400‐2000 12 168
Sat. & Sun. 1300‐2000 14 210
462
*Sousa Park Pool
2900 Yellowstone Ave.,
Memorial Day ‐ Labor Day
95205 Tues. & Thurs. 1400‐1700 6 84
Wed. & Fri. 1400‐2000 12 168
Sat. & Sun. 1300‐2000 14 210
*Louis Park Softball
462
Complex Fixed March ‐ October (35 Weeks ; 2 Guards)
3121 Monte Diablo Ave Mon. ‐ Fri. 1700‐2200 50 1,750
*Stockton Soccer
1,750
Complex March ‐ October; varied weekends
10055 CA‐99, Stockton,
CA 95212 Saturdays 700‐1900 12 240
Sundays 700‐1900 12 240
480
*Northeast
Library/Community
Center Fixed Mon.‐Thu. 0900‐2000 44 1,628
1461 Morada Lane Fri. 0900‐1900 10 370
Sat. 0900‐1700 8 416
ATTACHMENT A 1355
NOTE: Day Camp Weeks(15 weeks per year)
Fixed Mon.‐Thu. 0730‐2000 50 750
Fri. 0730‐1900 11.5 172.5
3,337
41,966
Pixie Woods
3121 Monte Diablo Ave. Fixed May‐ Oct.
Thu.‐Sun. 6.5 507
Operation days will vary
from month to month
507
Municipal Utilities Plant
2500 Navy Dr. Fixed/Vehicle Sun.‐Sat. 24 hrs 336 17,304 Holidays est. 7 48 168
Delta Water Supply Plant
vehicle charge 12
(as needed)
Holidays
Waterfield Office West
Lane (as needed) 1800‐0600 500
Holidays est. 7
17,984
Municipal Service Center
(Corporation Yard)
1465 S. Lincoln St. Fixed Sun.‐Sat. 24 hrs 168 8,568
Holidays est. 7 24 168
Van Buskirk Golf Course Random Patrol Mon.‐Sun. 7 364
364
192 9,464
91,299
ATTACHMENT A 1356
City of Stockton
Legislation Text
File #: 23-0692, Version: 1
APPROVE MOTION TO AWARD A SERVICE CONTRACT FOR ON-CALL PLUMBING
MAINTENANCE AND REPAIR SERVICES
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Award a multi-year non-exclusive Service Contract through June 30, 2028, in the amount not to exceed $1,567,625, to Comfort Air, Inc. of Stockton, CA, Discount Plumbing of Manteca, CA, and ACCO Engineered Systems of Sacramento, CA, for On-Call Plumbing Maintenance and Repair Services, Project No. OM-23-073.
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 contracts for preventative maintenance and on-call emergency plumbing services to maintain the functionality of City facilities and prevent property damage. On January 30, 2023, the City advertised a Request for Proposals (RFP) for On-Call Plumbing Maintenance and Repair Services, Project No. OM-23-073. This contract will retain three contractors on a rotating list to provide as needed plumbing services with set response times.
It is recommended that Council approve a motion authorizing the City Manager to execute a five-year non-exclusive Service Contract in the amount not to exceed $1,567,625, with Comfort Air, Inc., Discount Plumbing, and ACCO Engineered Systems (Attachment A). Contracted services expire on June 30, 2028, without option for extension. The contract will be funded from Public Works, Community Services, Community Development, and Municipal Utilities Departments’ Operating Budgets.
DISCUSSION
Background
The City’s Public Works Department is responsible for maintaining plumbing systems at every City facility and park. Routine preventative and as-needed emergency services are required to maintain the functionality of City facilities and prevent property damage. The City does not have a licensed plumber on staff or the specialized equipment needed to maintain Citywide plumbing systems.
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File #: 23-0692, Version: 1
On January 29, 2020, the City advertised an RFP for City of Stockton Facilities On-Call Plumbing Maintenance and Repair Services, Project No. OM-20-007. On June 23, 2020, the City entered into a contract with Champion Industrial Contractors, Inc. of Stockton, CA. On February 6, 2023, the contract with Champion Industrial Contractors, Inc. was terminated by the City. An informal bid was completed, and a Purchase Order issued to Comfort Air, Inc. on November 17, 2022, for temporary On-Call Plumbing Maintenance and Repair Services until a new contract could be awarded.
On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA does not apply because this is not a construction project.
Present Situation
On January 30, 2023, the City advertised an RFP for On-Call Plumbing Maintenance and Repair Services, Project No. OM-23-073. On February 23, 2023, four proposals were received as follows:
· Comfort Air Inc (Stockton, CA)
· Discount Plumbing (Manteca, CA)
· ACCO Engineered Systems (Sacramento, CA)
· 99 North Construction and Plumbing (Concord, CA)
A Selection Committee consisting of Police and Public Works Department staff evaluated and ranked all proposals based on each firm’s experience, quality of work, qualifications of staff, ability to meet the City’s required response times, ability to maintain readily available replacement parts, and cost.
The Selection Committee conducted interviews with three responsive companies to complete the evaluation process. Comfort Air, Inc., Discount Plumbing, and ACCO Engineered Systems were selected to comprise a rotating list of qualified plumbing contractors to perform the work.
Staff recommends Council approve a motion to award a five-year non-exclusive Service Contract, in the amount not to exceed $1,567,625, with Comfort Air, Inc. of Stockton, CA, Discount Plumbing of Manteca, CA, and ACCO Engineered Systems of Sacramento, CA, for On-Call Plumbing Maintenance and Repair Services, Project No. OM-23-073 (Attachment A). The annual not to exceed amount of $313,525 is an estimate based on historical expenditures for labor and materials for these services. The Service Contract is a Unit Price Contract, and the City will only pay for services performed. The proposed contract provides comprehensive on-call plumbing services from September 1, 2023, through June 30, 2028, without option for extension.
Findings
In accordance with the Stockton Municipal Code (SMC) section 3.68.070, the following findings support and justify exceptions to the competitive bidding process to utilize the RFP process for the hiring of a vendor to provide on-call plumbing services:
1. Citywide on-call plumbing services involve specialized, variable plumbing service requests requiring experienced, qualified contractors who successfully provide services of similar frequency and scope.
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File #: 23-0692, Version: 1
2. The City does not have the specialized equipment or a sufficient number of qualified staff available to perform the work required for this contract.
3. Use of the RFP process is appropriate for this Service Contract because, in addition to cost, it relies on the evaluation of professional qualifications and performance as the basis for the selection of a vendor. Use of this criteria helps ensure selection of a vendor that will provide professional, responsive and timely service, which is in the public interest.
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.
Five-Year Term Annual Cost
Through June 30, 2024 $ 313,525
July 1, 2024 - June 30, 2025 $ 313,525
July 1, 2025 - June 30, 2026 $ 313,525
July 1, 2026 - June 30, 2027 $ 313,525
July 1, 2027 - June 30, 2028 $ 313,525
TOTAL $1,567,625
The Service Contract will be funded from Public Works, Community Services, Community Development, and Municipal Utilities Departments’ Annual Operating Budgets. Sufficient funding is available in Fiscal Year 2023-24 departmental budget appropriations for services. Funding for the remaining years of the Service Contract will be contingent on future annual budget appropriations.
The funding split will remain the same over the life of the Service Contract as outlined in Attachment B (Funding Accounts).
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 Comfort Air, Inc., Discount Plumbing, and ACCO Engineered Systems
Attachment B - Funding Accounts
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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 COMFORT AIR, INC., a STATE OF CALIFORNIA CORPORATION, with a business address al 1607 TURNPIKE RD., STOCKTON, CA 95201, DONCAM AMERICAN, INC. dba DISCOUNT PLUMBING HEATING & AIR a STATE OF CALIFORNIA CORPORATION, with a business address at 787 COTTAGE AVENUE, MANTECA, CA 95336, and ACCO ENGINEERED SYSTEMS, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 9290 BEATTY DR., SACRAMENTO, CA 95826 hereinafter called "CONTRACTOR.," THIS CONTRACT is for the ON-CALL PLUMBING MAINTENANCE AND REPAIR SERVICES (PROJECT NO. OM-23-073), hereinafter referred to as "SERVICE".
RECITALS
A. CONTRACTOR represents that ii 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 ii 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 lime, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. CONTRACTOR agrees that ii 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
ON-CALL PLUMBING MAINTENANCE AND REPAIR SERVICES,
PROJECT NO. OM-23-073
(Updated 04/24/23)
ATTACHMENT A 1360
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 reimbursement for costs shall not exceed $1,567,625.00 or as otherwise mutually agreed to in a Contract Amendment.
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
ON-CALL PLUMBING MAINTENANCE AND REPAIR SERVICES,
PROJECT NO. OM-23-073
(Updated 04/24123)
ATTACHMENT A 1361
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 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 ii 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
ON-CALL PLUMBING MAINTENANCE AND REPAIR SERVICES,
PROJECT NO. OM-23-073
(Updated 04/24/23)
ATTACHMENT A 1362
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 the City of Stockton, its officers, officials, 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 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
ON-CALL PLUMBING MAINTENANCE AND REPAIR SERVICES,
PROJECT NO. OM-23-073
(Updated 04/24/23)
ATTACHMENT A 1363
policy of the State of California, and in addition to the other indemnity obligations in this Agreement, CONTRACTOR shall indemnify, defend, and hold harmless the City of Stockton, its officers, officials, 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.
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 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 of, or be subjected to discrimination under any program or activity receiving federal financial assistance." (42 USC Section 2000d)
http:l/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.
ON-CALL PLUMBING MAINTENANCE AND REPAIR SERVICES,
PROJECT NO. OM-23-073
(Updated 04124/23)
ATTACHMENT A 1364
b.
C.
d.
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.
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. http:l//www.leginfo.ca.gov/cgibin/displaycode?section=lab&group=01001-02000&file=1770-1784.
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
ON-CALL PLUMBING MAINTENANCE AND REPAIR SERVICES,
PROJECT NO. OM-23-073
(Updated 04/24/23)
ATTACHMENT A 1365
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 1781 of the Labor Code of the Stale of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments lo 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.
7. CONTRACT AMENDMENT. 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,
ON-CALL PLUMBING MAINTENANCE AND REPAIR SERVICES,
PROJECT NO. OM-23-073
(Updated 04/24/23)
ATTACHMENT A 1366
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 Amendment 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 Amendment will not become effective until approved by the authorized City official.
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
ON-CALL PLUMBING MAINTENANCE AND REPAIR SERVICES,
PROJECT NO. OM-23-073
(Updated 04/24/23)
ATTACHMENT A 1367
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. II 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 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: Comfort Air, Inc.
1607 Turnpike Road
Stockton, CA 95201
To CONTRACTOR: Doncam American, Inc.
Dba Discount Plumbing
Heating & Air
787 Cottage Ave
Manteca, CA 95336
To CONTRACTOR: ACCO Engineered
Systems, Inc.
9290 Beatty Drive
Sacramento, CA 95826
To City: Public Works Director
City of Stockton
22 E. Weber Ave., Rm. 301
Stockton, CA 95202
To City: Public Works Director
City of Stockton
22 E. Weber Ave., Rm. 301
Stockton, CA 95202
To City: Public Works Director
City of Stockton
22 E. Weber Ave., Rm. 301
Stockton, CA 95202
ON-CALL PLUMBING MAINTENANCE AND REPAIR SERVICES,
PROJECT NO. OM-23-073
(Updated 04/24/23)
ATTACHMENT A 1368
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.
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
ON-CALL PLUMBING MAINTENANCE AND REPAIR SERVICES,
PROJECT NO. OM-23-073
(Updated 04/24/23)
ATTACHMENT A 1369
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 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.
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 oflhis 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.
II
II
II
II
II
II
II
II
II
ON-CALL PLUMBING MAINTENANCE AND REPAIR SERVICES,
PROJECT NO. OM-23-073
(Updated 04/24/23)
ATTACHMENT A 1370
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.
COMFORT AIR, INC.
DISCOUNT PLUMBING
By:/?,,.._,,,�
Signature
Roger Vincelet
Print Name
Title: Vice President
ACCO ENGINEERED
SYSTEMS, INC.
er®efo11 £Ui r By �rvu:ion OlbiAlllJ, 2()2JOl&:5JPOn
Signature
Brandon Ellis
Print Name
Title: Sales Manager
DONCAM AMERICAN, INC. dba
DISCOUNT PLUMBING
By:�
Signature
Robert Campana
Print Name
Title: CEO ---------
CITY OF STOCKTON
By: ____________ _
HARRY BLACK
CITY MANAGER
ATTEST:
By: ____________ _
ELIZA R. GARZA, CMC
CITY CLERK
APPROVED AS TO FORM:
By: ____________ _
DEPUTY CITY ATTORNEY
ON-CALL PLUMBING MAINTENANCE AND REPAIR SERVICES,
PROJECT NO. OM-23-073
(Updated 04/24/23)
ATTACHMENT A 1371
DESCRIPTION
On-Call Plumbing Maintenance and Repair Services
City Project No. OM-23-073
SCOPE OF WORK
EXHIBIT A
The Contractor shall provide a total maintenance and repair program consisting of a variety of tasks including, but not limited to, laying out, installing, replacing, repairing, and testing plumbing service and plumbing systems and components. Systems include, but are not limited to domestic water, heating, cooling, hot water systems, conditioned water systems, pool water systems, sanitary sewer and storm systems as well as all related components required for municipal buildings and facilities. Services will include, but not be limited to installing and repairing piping, fixtures and maintenance for sinks, faucets, drains, traps, urinals, toilets, valves, water heaters, heaters, drinking fountains, water or drain lines, sprinkler lines, pools, water spray features, kitchen facilities, sewers, backflow devices and equipment, heating and air conditioning systems as well as additional plumbing related issues as they arise, and the services necessary to ensure safe, well maintained plumbing systems for City employees and the public. This may include repair or replacement as determined by the Contract Administrator.
ON-CALL REPAIR SERVICES
1. Provide on-call, as-needed repair of the City's plumbing systems when requested by the City Facilities Maintenance Supervisor, Contract Administrator or a designee.
2. Provide emergency, time-critical repair of plumbing systems when requested by the City Facilities Maintenance Supervisor, Contract Administrator or a designee.
3. Provide an appropriate level of staffing and tools and the necessary vehicles to support all City maintenance and repair functions during hours of operation and after normal working hours.
4. Furnish and install all new parts, materials and lubricants, which are commercial grade and meet or exceed the original equipment manufacturers (OEM) specifications. Any use of parts other than those manufactured by the original equipment manufacturer shall be approved by the City Facilities Maintenance Supervisor, Contract Administrator or a designee prior to utilization in specific work tasks.
5. Maintain a supply of available parts and a supply system for acquisition of additional parts either immediately or with minimal delay.
City of Stockton Public Works Department Project No. OM-23-073 RFP for On-Call Plumbing Maintenance and Repair Services
ATTACHMENT A 1372
EXHIBIT A
6. Check in with the City Facilities Maintenance Supervisor, Contract Administrator or a designee upon each site visit.
7. Work professionally and cooperatively with City staff or personnel when working onsite du ring assigned projects.
8. Troubleshoot, diagnose, and develop a Scope of Work for the material and labor required to complete repairs:
a. Develop a cost estimate based on the Scope of Work and submit to the City's Contract Administrator or designee.
i. Develop potential alternatives, with costs, in cases of repairs versus replacements.
ii. Emergency plumbing work may be authorized by the City's Facilities Supervisor, Contract Administrator and/or designee prior to submission of a cost estimate for the work.
b. Submit estimates to the City's Contract Administrator for approval. c. Proceed with the work only after authorization by City's Facilities Supervisor, Contract Administrator and/or designee and complete all work in accordance with the approved cost estimate.
d. Advise the City's Contract Administrator if any additional work is required and when a technician will return to perform said work. i. Additional work exceeding the approved cost estimate by 10% must be approved by the City's Contract Administrator.
9. Contractor shall ensure that work areas area appropriately contained and kept in an orderly condition. Contractor is responsible for disposing of all waste generated throughout assigned work. Disposal is City facilities or containers is not allowed.
10. Have and maintain a thorough knowledge of commercial plumbing. All maintenance and repairs shall be provided in accordance with the highest standards of the industry, skill, workmanship, applicable trade practices, shall meet warranties and be in conformance to all applicable laws, codes and regulations.
11. Provide all vehicles, lifts and tools needed to complete the work. Contractor shall not charge the City for use of tools/equipment typically found on service truck, including snakes, vacs, borescopes, etc.
City of Stockton Public Works Department Project No. OM-23-073 RFP for On-Call Plumbing Maintenance and Repair Services
ATTACHMENT A 1373
EXHIBIT A
12. The Contractor shall maintain the appropriate licenses and comply with all other license, insurance, and permit requirements of the City, State, and Federal governments as well as all other requirements of the law.
ON-CALL REPAIR SERVICE REQUIRED RESPONSE TIME
1. Possess and maintain a service request reporting system, such as a designated phone contact with 24 hours, 7 days per week service, capable of dispatching service personnel.
a. The reporting system and telephone number shall be provided to the City's Contract Administrator upon commencement of this contract.
2. Respond to, mobilize, and be onsile ready to start work for all emergency requests within 2 hours of initial contact, unless a longer response time is agreed to by the City's Facilities Supervisor, Contract Administrator and/or designee.
3. Respond to, mobilize, and be onsite ready to start work for non-emergency requests within 4 hours, unless a longer response time is agreed to by City's Facilities Supervisor, Contract Administrator and/or designee.
4. Time to respond shall start when the City reports the problem to the Contractor's designated emergency phone number. The Contractor shall provide a call back to the City designee within thirty (30) minutes of the initial call if unanswered by the Contractor.
a. If an initial call is unreturned within thirty (30) minutes, the City's Facilities Supervisor, Contract Administrator and/or designee will call the second and third ranked companies for dispatch of a service technician, if required.
5. If repairs cannot be completed upon arrival, the facility and areas of work shall be left in a secured manner to ensure the safety of City employees and citizens. a. Repairs are to be completed within two working days of the initial request, or by mutual agreement with City's Facilities Supervisor, Contract Administrator and/or designee.
b. The City reserves the right to request repair recommendations and opinions from all Contractor(s) on the rotating list.
City of Stockton Public Works Department Project No. OM-23-073 RFP for On-Call Plumbing Maintenance and Repair Services
ATTACHMENT A 1374
Comfort Air, Inc.
On-Call Plumbing Maintenance and Repair Services
City Project No. OM-23-073
COST PROPOSAL SHEET
EXHIBIT B
ITEM LABOR SCHEDULE HOURLY RATE
1 2
3 4
Shop rate for plumbing services - Apprentice (7:00 am to 5:00 pm, Mon- Fri)
Shop rate for plumbing services - Journeyman (7:00 am to 5:00 pm, Mon-Fri)
After-hours rate for Apprentice (5:00 pm to 7:00 am,
Saturday, Sunday, Holiday)
After-hours rate for Journeyman (5:00 pm to 7:00 am,
Saturday, Sunday, Holiday)
Specialized Equipment Rate Schedule
Describe Equipment & Hourly or Flat Rate
$91.00
$138.00
$138.00
$191.00
DESCRIPTION OF SPECIALIZED EQUIPMENT HO��;;?
OR RATE
5 6
7 8
Note 1: All rates include service truck and all tools/equipment on truck.
Note 2: Proposer may submit additional rate sheets for specialized equipment rate schedule, if needed.
Note 3: Mark-up on parts and materials may not exceed 10% of Contractor's cost. Invoices must identify the work performed, cost of labor, parts/materials used, parts/materials cost, and parts/materials mark-up cost.
Comments:
I didn't list specialized equipment because in our experience with City of Stockton On-Call Plumber 90% of the calls we can handle with tools on the truck. the other 10% we rent the items and charge cost plus 10%
Subcontractors such as saw cutting, coring, Vac trucks will be cost plus 10% City of Stockton Public Works Department Project No. OM-23-073 RFP for On-Call Plumbing Maintenance and Repair Services
ATTACHMENT A 1375
Discount Plumbing
On-Call Plumbing Maintenance and Repair Services
City Project No. OM-23-073
COST PROPOSAL SHEET
EXHIBIT B
ITEM LABOR SCHEDULE HOURLY RATE
1 2
3 4
Shop rate for plumbing services - Apprentice (7:00 am to 5:00 pm, Mon- Fri)
Shop rate for plumbing services - Journeyman (7:00 am to 5:00 pm, Mon-Fri)
After-hours rate for Apprentice (5:00 pm to 7:00 am,
Saturday, Sunday, Holiday)
After-hours rate for Journeyman (5:00 pm to 7:00 am,
Saturday, Sunday, Holiday)
Specialized Equipment Rate Schedule
Describe Equipment & Hourly or Flat Rate
133.00
247.60
133.00
341.03
DESCRIPTION OF SPECIALIZED EQUIPMENT HO��,,;;?
OR RATE
5 6
7 8
Note 1: All rates include service truck and all tools/equipment on truck.
Note 2: Proposer may submit additional rate sheets for specialized equipment rate schedule, if needed.
Note 3: Mark-up on parts and materials may not exceed 10% of Contractor's cost. Invoices must identify the work perfom1ed, cost of labor, parts/materials used, parts/materials cost, and parts/materials mark-up cost.
Comments:
All apprentice requests will require going through an approved DIR Apprentice program and being dispatched through one of those organizations. Due to the "on-demand" nature of this proposal any requests for Apprentice will _need to be approved by Doncam American Inc prior to dispatch. Doncam American Inc has quoted only an apprentice for a project duration of "l 11 / 6 months.
All after-hours work requests must first be approved by Doncam American Inc in writing.
Rate Schedule 2022-02 was used for basis of our bid, if rate increases occur after this we will have to submit revised pricing for those periods.
Specialized equipment will be on a job-by-job basis.
City of Stockton Public Works Department Project No. OM-23-073 RFP for On-Call Plumbing Maintenance and Repair Services
ATTACHMENT A 1376
ACCO Engineered Systems, Inc.
On-Call Plumbing Maintenance and Repair Services
City Project No. OM-23-073
COST PROPOSAL SHEET
EXHIBIT B
ITEM LABOR SCHEDULE HOURLY RATE
1 2
3 4
5 6
7 8
Shop rate for plumbing services -Apprentice (7:00 am to 5:00 pm, Mon- Fri)
Shop rate for plumbing services - Journeyman (7:00 am to 5:00 pm, Mon-Fri)
After-hours rate for Apprentice (5:00 pm to 7:00 am,
Saturday, Sunday, Holiday)
After-hours rate for Journeyman (5:00 pm to 7:00 am,
Saturday, Sunday, Holiday)
Specialized Equipment Rate Schedule
Describe Equipment & Hourly or Flat Rate
$147.00
$157.00
$210.00
$225.00
DESCRIPTION OF SPECIALIZED EQUIPMENT HO��;;?
OR RATE
lrrailer Jetter FLAT $850.00
Plumbing Snake HOURLY $50
Plumbing Camera HOURLY $SO
Note 1: All rates include service truck and all tools/equipment on truck.
Note 2: Proposer may submit additional rate sheets for specialized equipment rate schedule, if needed.
Note 3: Mark-up on parts and materials may not exceed 10% of Contractor's cost. Invoices must identify the work perfonned, cost of labor, parts/materials used, parts/materials cost, and parts/materials mark-up cost.
Comments:
City of Stockton Public Works Department Project No. OM-23-073 RFP for On-Call Plumbing Maintenance and Repair Services
ATTACHMENT A 1377
EXHIBIT C
REV 2022-05-17
Exhibit C:
Insurance Requirements
(Plumbing)
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 $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 Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
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
ATTACHMENT A 1378
EXHIBITC
REV 2022-05-17
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.
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
ATTACHMENT A 1379
EXHIBITC
REV 2022-05-17
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 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
ATTACHMENT A 1380
EXHIBITC
REV 2022-05-17
be maintained and evidence, of insurance must be provided for at least five {5} years after completion of the contract of work.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other 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
ATTACHMENT A 1381
I.
Subject:
EXHIBIT D
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 m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93
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
ATTACHMENT A 1382
Subject:
EXHIBIT D
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 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 m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment /nvesligalive Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.
E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up to and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.
F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.
G. The City of Stockton prohibits retaliation against any employee or nonemployee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.
H. This policy applies to all officials, employees, volunteers, unpaid interns, agents, or contractors of the City.
I. This policy shall be administered by the Director of Human Resources.
ATTACHMENT A 1383
Subject:
EXHIBITD
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see belowl
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 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's 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 prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:
1. Soliciting applications from a source where all or most of potential workers are of the same race or color.
2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and
3. Questioning a job applicant about the existence, nature and severity of a disability.
B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her 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 identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3)
ATTACHMENT A 1384
Subject:
EXHIBIT D
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 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 lnvestigalive Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.
Harassment may take many forms, including, but not limited to, the following examples:
1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
2. Physical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made a term or condition of employment; or
2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
ATTACHMENT A 1385
Subject:
EXHIBIT D
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
.. (seebelow)
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
3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.
Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Making or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.
ATTACHMENT A 1386
Subject:
EXHIBIT D
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 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 m 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. Retaliation for making harassment reports or threatening to report harassment.
D. Affordable Care Act /ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:
1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;
2. Reports potential violations of protections afforded under Title I of the Act, which provides guaranteed availability protections among other things;
3. Testifies in a proceeding concerning such violation;
4. Assists or participates in a proceeding concerning a violation; or
5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.
An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.
IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any
ATTACHMENT A 1387
Subject:
EXHIBITD
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No, 7 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 m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 {Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.
1. Employee's and Non-Employee's Responsibilities when Subiected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/hersupervisor or manager, except as specified in subsection (b), below. Employees and nonemployees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or
ATTACHMENT A 1388
Subject:
EXHIBIT D
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No, HR-15 Page No. 8 of 14
DISCRIMINATION AND Effective Date: HARASSMENT POLICY Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m lhe Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.
If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge shall be taken.
2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or nonemployee to cease the conduct.
ATTACHMENT A 1389
Subject:
EXHIBIT D
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 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 m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures} revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.
B. Confidentiality. The City will make every effort to protect the privacy and confidentiality of all parties involved, as well as any information and/or documentation obtained, to the extent possible consistent with a thorough investigation.
C. Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.
V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is
ATTACHMENT A 1390
Subject:
B.
EXHIBIT D
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see belowl
PER-015 (Sexual Harassmenl 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 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.
Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:
1. Identify and preserve the evidence.
2. Confirm the name and position of the complainant. Interview the complainant.
3. Allow the complainant the opportunity to place the complaint in writing.
4. Obtain the identity of the alleged harasser(s).
5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and witnesses (if applicable).
6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).
7. Ascertain if any threats or promises were made in connection with the alleged harassment.
8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).
9. Ascertain whether the complainant has spoken to anyone, especially