EXHIBIT 1
1 (Rev. 10.30.18)
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
1.1 Contractor to perform landscaping services at locations specified locations in Exhibit A – Contract Locations in accordance specifications in Exhibit A – Contract Specifications.
2. Project Scope
2.1 Landscaping services shall be performed in accordance with Exhibit A – Contract Specifications at the locations listed in Exhibit A – Contract Locations.
3. Specifications
3.1 Work performed shall be completed in accordance with Exhibit A – Contract Specifications.
4. Major Deliverables
4.1 Completed inspection Attachment A - Work Record
Summary/Landscape Maintenance Checklists shall be submitted monthly with electronic invoices.
4.2 Completed Attachment C – Elderberry Maintenance Project form shall be submitted monthly with electronic invoices.
5. Tasks That Support the Deliverables
5.1 City will coordinate and provide access as necessary for Contractor to complete work.
6. Internal and External Standards and Guidelines
6.1 Frequency, and tasks to be completed shall be in accordance with Exhibit A – Contract Locations and Contract Specifications.
7. Criteria of Acceptance for Deliverables
7.1 Workmanship and completeness shall be determined by the City in accordance with Exhibit A – Contract Specifications.
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2 (Rev. 10.30.18)
8. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: ______________________ City: City of Stockton ______________________ Attn: City Manager
______________________ 425 N. El Dorado Street
______________________ Stockton, CA 95202
9. Key Personnel
The City’s primary contract manager is: Paul Acosta – Program Manager III or their designee. [email protected] (209) 937-8994
10. Option to Renew.
(If an option to renew is applicable, keep this clause and type the specifics as to how many renewal terms e.g. two one-year renewals, etc.) The term of the Agreement may be extended up to_0 years_by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed _5_ years.
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EXHIBIT A – Contract Specifications
1.0 SCOPE OF SERVICES
The Contractor, to provide a level of maintenance that will present the facilities in an attractive, desirable, neat and trim appearance at all times. It is the intent to call for the highest level of quality in maintenance compatible with standard horticultural practices and modern techniques accepted by the industry. The Contractor agrees to maintain all designated park areas covered by these special provisions at this level. The Municipal Utilities Department Representative/Project Manager, Supervisors, and Director shall be the sole judge as to whether Contractor’s work conforms to the specifications.
The Contractor shall be an independent contractor and shall not for any purpose be deemed to be an employee, agent, or other representative of the City. The Contractor shall not assign, sublet, transfer or otherwise substitute its interest in this work, or any of its obligations, without the prior written consent of the City.
The Contractor shall perform at least seventy-five percent (75%) of this work with Contractor’s forces.
The Contractor shall maintain the facilities described in Section 2.8 “areas maintained”” by means of regular and scheduled watering, weeding, fertilizing, mowing, cultivation, trimming, edging, pruning, operation and maintenance of the irrigation system, regular trash/debris collection/disposal, all as described in Section 2.5, and any other operations necessary to keep the areas in an attractive, desirable, neat and trim appearance at all times.
The Contractor shall adhere to the schedule of frequency, as described in Section
2.8. The Contractor shall be responsible for any and all damage to any improvements and landscaping which is a result of the Contractor’s actions. The Contractor shall repair or replace any damaged improvement and landscaping to the satisfaction of the Municipal Utilities Department Representative/Project Manager, at no cost to the City.
The Contractor shall provide at their own risk, all labor, materials, supervision, tools, equipment, insurance, storage, transportation, hauling dumping, proper protection and all other items needed, or as directed to perform the work described in these special provisions.
The Contractor shall be able to provide additional work such as irrigation repairs and replanting.
The Contractor and Contractor’s employee(s) shall wear a uniform which clearly identifies the Contractor’s company and the employee. Such uniform shall be consistent for all workers and shall be worn at all times while performing the work, as per this document. Said uniform shall be kept in a neat, clean and orderly manner.
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All Contractor’s maintenance vehicles, or vehicles of those persons representing the Contractor shall be in proper working order and in good state of repair. Also, such vehicle(s) shall clearly present the Contractor’s company name, address, and telephone number of a local office. Automobile insurance approved by the City’s Risk Services shall be valid for all vehicles used during the execution of the contract for the entire term and any extensions.
The Contractor shall perform work contemplated herein in a good and workmanlike manner to the satisfaction of the Municipal Utilities Department Representative/Project Manager. The Contractor shall cooperate with the Director or the Municipal Utilities Department Representative/Project Manager to enable determination of contract compliance. If any work does not meet the standards specified, the Contractor will be responsible for correcting such deficiencies within five (5) working days or as directed by the Director or the Municipal Utilities Department Representative/Project Manager. Corrections shall be at no additional cost to the City of Stockton. The Contractor is expected to use additional personnel for corrections. There shall be no delay of regular maintenance to complete corrections.
The Contractor shall ensure supervision of all work crews at all times while performing work under contract agreement. Personal supervision is not required, providing that equipment or other means are provided which enables the work crews to communicate with the Contractor at all times. Each work crew shall have a designated person on the work site that has the authority to respond to inquiries from the Municipal Utilities Department Representative/Project Manager and any citizens about work details or priorities. This designated person shall be able to accurately and effectively communicate any information essential to the operation of the organization. The Contractor shall employ a sufficient number of staff to ensure performance of the work described. All work shall be performed by experienced staff directly employed by the Contractor. The Contractor shall provide management and technical supervision through competent supervisors, as required, to implement modern methods and newly developed horticultural procedures. The Contractor shall be responsible for the skills, methods, and actions of the Contractor’s employees and for all work.
All work shall be performed with the utmost concern for safety of both the workers and the public.
The Contractor and their staff shall meet the following qualifications:
a) All landscaping services shall be performed by a person(s) with at least one (1) year of relevant landscaping experience, and directly employed and supervised by the Contractor.
b) shall have at least two (2) years of relevant experience in landscape/grounds care maintenance of facilities similar in size and amenities to those on which Contractor has bid.
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c) shall have someone in their employ that can operate and troubleshoot problems with irrigation booster pumps.
d) shall have adequate equipment and employ adequate staff to maintain the facilities.
e) shall provide proof that any chemicals used in the performance of their duties have been approved for general use by the San Joaquin Department of Environmental Health. Any special permits required to use herbicides, pesticides, and/or fertilizers are the sole responsibility of the Contractor.
1.2 AWARD SUBMITTAL
Within fifteen (15) calendar days after the award of the contract, the Contractor shall submit a work schedule showing the proposed dates, times, and locations of the maintenance work to be performed to the Municipal Utilities Department Representative/Project Manager. The Contractor shall not be allowed to commence work until a work schedule is submitted. Should the Contractor wish to later modify the schedule, a written request must be submitted to and approved by the Municipal Utilities Department Representative/Project Manager prior to the revised schedule becoming effective.
Attached to the monthly billing, the Contractor shall provide the Municipal Utilities Department Representative/Project Manager the following reports:
a) Completed maintenance checklist. Maintenance checklist shall be generally in the format as shown in Attachment A.
b) Any problems encountered and recommendations for resolution of problems outside the contract’s scope of services.
c) An accounting of disposal of waste generated by maintenance activities. This accounting shall include the amount of material, type of material and where material was disposed, including copies of disposal tickets/receipts.
The Contractor shall submit certified delivery slips for all material(s) required to be supplied with Contract. On a monthly basis, the certified delivery slips shall be submitted to the Municipal Utilities Department Representative/Project Manager for verification. Materials shall be the best available. Upon request, samples of the material supplied shall be submitted to the Municipal Utilities Department Representative/Project Manager for review and approval.
1.3 INSPECTIONS
Staff from the Municipal Utilities Department will conduct regular inspections of Contractor’s work.
1.4 MEETINGS
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At least once (1) each month, the Contractor shall meet with the Municipal Utilities Department Representative/Project Manager. The purpose of the meeting is to review the status of maintenance activities, conformance of the work to the specifications, discussing areas to be maintained, contractor’s work schedule, areas that need special attention or correction, and any difficulties the contractor may be experiencing. Failure to be available to meet with the Municipal Utilities Department Representative/Project Manager on a monthly basis will constitute a breach of contract. During this meeting, the Contractor is expected to report any and all conditions that may exist or occur which detract from the appearance of the landscaping or site improvements or that pose a potential threat to public health or safety or longevity of site improvements. Said reporting shall be done even if correction of the condition is not within the scope of service required of the Contractor.
1.5 MAINTENANCE TASKS
It is the intent of these special provisions that the Contractor provide a level of maintenance that will present the facilities in an attractive, desirable, neat and trim appearance at all times. It is expected that the Contractor will provide that level of maintenance by operations including, but not limited to, regular and continual mowing, trimming, pruning, regular operation/adjustments to the irrigation system, weeding, and blowing off debris. The Contractor is expected to provide the highest level of quality in maintenance compatible with standard horticultural practices and modern techniques accepted by the industry.
1.5.1 Hours of Work
All maintenance work using equipment powered by an internal combustion engine, including, but not limited to mowers, blowers, edgers, and trimmers, is expected to be performed between the hours of 7:00 a.m. and 6:00 p.m. The Contractor shall not use blowers adjacent to residences before 8:00 a.m. or after 5:00 p.m.
1.5.2 Turf Maintenance
The Contractor shall mow all turf in facilities designated as “Full Service” once (1) each week from March 1 to November 15 and twice (2) per week from November 16 to February 28. When frequency is reduced, there will be no less than seven calendar days or more than fourteen calendar days between mowing, unless directed by the Municipal Utilities Department Representative/Project Manager.
The Contractor shall refrain from mowing if turf is saturated with water, or if standing water is present. If turf is saturated to the point that mowing needs to be suspended, Contractor shall notify Municipal Utilities Department Representative/Project Manager. The Contractor shall provide a written explanation why turf is saturated. Mowing within any saturated area(s) shall be postponed until the excess water has drained, infiltrated or evaporated.
Prior to each mowing, the Contractor shall remove all trash and litter from the entire turf area. All trash and litter removed shall be disposed of by the Contractor at an EXHIBIT 1
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appropriate off-site location. Any trash and litter, cut or broken during maintenance operations, shall be completely removed from the facilities and adjacent street areas immediately prior to proceeding with the maintenance of other areas.
Turf shall be cut at a maximum height of two and one half inches (2-1/2”).
However, depending on the site conditions and length of the grass at the time of mowing, Contractor shall adjust the cutting height so that no more than one third (1/3) of the grass height is removed in a single mowing, unless directed otherwise by the Municipal Utilities Department Representative/Project Manager. Scalping, scraping or crown damage to the turf will not be permitted. Equipment must be operated at a speed to provide the optimal desired cut designated by the standards required in this document or by the Municipal Utilities Department Representative/Project Manager. Mowing patterns shall be alternated each week.
Mower blades shall be kept sharp and produce a clean cut. Equipment that results in torn grass blades with ragged edges is unacceptable.
Removal of cut grass from the turf area is not required. Upon completion of mowing, the clippings in the mowed area shall be evenly dispersed and the mowed area shall be free of clumped grass. If the mowing leaves clumped grass, the Contractor shall collect the grass before moving on to another area.
Double-cutting will be permitted in lieu of collecting the clippings, if it will eliminate the clumping. Cut grass and debris which falls or is thrown by equipment upon the pavement, gutter, curb, sidewalks, driveways, planter areas, ground cover areas, tree wells, or adjacent properties through the action of the works crew shall be removed from the area prior to the exit of the work crew from the immediate work site. Under no circumstances shall contractor blow any debris into the street and/or gutter and allow it to remain.
The Contractor shall use caution when mowing over and/or around existing grade level enclosures, utility vaults, irrigation heads, valve boxes, etc., or other features and plants and trees within the turf area. If the mower damages any such features, the contractor shall promptly notify the Municipal Utilities Department Representative/Project Manager and repair the damage to the satisfaction of the Municipal Utilities Department Representative/Project Manager.
The Contractor shall inspect turf at each mowing to ensure the turf is in good health, consistently green and free of weeds and voids. Summary of turf inspection shall be submitted to the Municipal Utilities Department Representative/Project Manager with the Contractor’s monthly billing.
Lawn/turf areas shall be aerated once a year utilizing core aeration method. Cores may be left on turf, provided they are evenly dispersed throughout the turf area.
The Contractor is responsible to repair any irrigation system damage caused by aeration.
The Contractor shall edge all turf areas at least once (1) every two (2) weeks. All sidewalks, curbs and steps must be mechanically edged to a 1” depth and ¼” width exposing the concrete surface. The initial edging shall be completed with the first EXHIBIT 1
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mowing. All edges must be maintained through duration of the contract on a bi- weekly basis. Edging and maintenance of edge shall use a vertical cut approach.
All material dislodged by edging must be removed from the site.
The Contractor shall fertilize all turf areas two (2) times a year, in the spring and fall when instructed by the Director or the Municipal Utilities Department Representative/Project Manager. Fertilizer used shall be an all-purpose 15-15-15 unless conditions indicate another fertilizer should be used. Prior to fertilizing, the Contractor shall submit to the Municipal Utilities Department Representative/Project Manager specifications along with a recommendation from a Licensed Pesticide Control Advisor for the fertilizer to be used. Fertilizer shall be used in accordance with recommendation. Burning due to fertilization shall be considered property damage and shall be corrected by the Contractor at no extra cost to the City.
Turf areas shall be kept a minimum of 75% free of weeds. Weeding may be done manually or by using selective weed killers or pre-emergent sprays. If the Contractor uses chemical methods to control weeds, the Contractor shall only do so upon receiving a written recommendation from a Licensed Pesticide Control Advisor and with prior approval from the City for each application. The Contractor shall follow all manufacturer directions for application and re-entry times. The Contractor shall exercise extreme care in the use of selective weed killers so as not to damage any other plants. The Contractor shall not allow any chemicals to drift beyond the area boundaries. Should non-target turf or shrubs be damaged by the Contractor’s application, the Contractor shall replace all damaged plant material with the same plant material that is the same size as that damaged.
Areas at and under fences that border on neighboring property shall be kept free of weeds. Areas between fence lines and curbs/curb lines, areas between fence lines and roads/walkways, and tree wells shall be kept free of weeds.
All plant growth in cracks, seams and/or joints of paved areas such as sidewalks, curbs, curb gutters, catch basins adjacent to the facility, seam between gutter and street paving, and driveways shall be cut down to the pavement surface during the completion of each mowing cycle. The use of herbicides to control such growth is also permitted. Herbicide usage must be in compliance with State of California Department of Pesticide Regulations.
Trimming shall be performed concurrently with mowing operations. All structures, trees, poles, tables, signs, fences, and shrub beds are to be trimmed closely.
Special care shall be given to trimming around trees, as not to inflict damage to the bark of the trees. All trimming shall be accomplished maintaining the required cutting height. Trimming can be reduced by chemical edging, with prior approval of the assigned Municipal Utilities Department Representative/Project Manager.
Do not “dish out” ground around sprinkler heads.
All bare soil areas and non-turf/undeveloped/unimproved areas within the facilities shall be maintained clean and free of all trash, weeds, and debris.
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1.5.3 Shrubs, Vines, Groundcover, and Shrub/Flower/Planter Beds Maintenance The Contractor shall keep the shrubs, vines, groundcover, and shrub/flower/planter beds in an attractive desirable, neat, trim and weed-free appearance at all times. It is expected that the Contractor shall provide that level of maintenance by operations including but not limited to continual and regular trimming, pruning, and regular operation/adjustments to the irrigation system. The Contractor is expected to provide the highest level of quality in maintenance compatible with standard horticultural practices and modern techniques accepted by the industry.
Trimming, pruning, and thinning of shrubs is expected to be done at least five (5) times per year in facilities designated as “Full Service” locations. At a minimum, all shrubs, vines and ground cover shall be trimmed between January 1 and February 15, in April, in June, in August, and in October. Contractor shall proceed through each “Full Service” location in an orderly manner so as not to leave a “checkerboard” appearance during the trimming cycle. Trimming/pruning may have to be performed more often to keep the plant material in conformance with these specifications.
Shrubs, vines, and ground cover planted adjacent to fences, building, walls pedestal-type utility enclosures, or other vertical elements shall be kept trimmed/pruned so that branches do not rub or become entangled in the feature.
A clear path to any feature requiring routine access shall also be maintained.
The Contractor may use growth regulators and shall obtain permission from the Municipal Utilities Department Representative/Project Manager prior to use.
All shrub, vine, ground cover, and planter/flower beds shall be kept in a weed-free state. All weeds and foreign-growth must be removed as soon as it appears. The Contractor shall remove/destroy/kill all weeds within the areas to be maintained including adjoining sidewalks, curbs and gutters. The Contractor shall remove any dead plant material. All shrub and flower beds shall be maintained in a weed-free state. Weeds shall be removed at the first sign of growth using proper horticultural techniques and weeding tools so that desired plant material is not damaged.
All material generated during trimming/pruning operations shall be removed from the site by the end of the work day. Disposal of removed plant materials, especially diseased or infested specimens, shall be done in accordance with all applicable laws, codes, regulations, and these special provisions.
Edging shall be performed at least once every two (2) weeks. All sidewalks, curbs, and steps must be mechanically edged to a 1” depth and ¼” width where they exist, exposing the concrete surface. The initial edging shall be completed with the first trimming. All edges must be maintained through duration of the contract of a bi-weekly basis. Edging and maintenance of edge shall use a vertical cut approach. All materials dislodged by edging must be removed from the site.
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Volunteer plant material, including but not limited to shrubs, vines, trees, palms, etc., that exist as a result of natural or volunteer growth and not intentionally planted as part of the landscaping shall be removed. Any of this natural or volunteer growth is to be pruned, removed and the stump treated with herbicide to prevent re-growth.
All shrubs, ground cover, and planter bed areas shall be irrigated to maintain a healthy plant appearance at all times. Excessive water run-off or saturated/flooded areas will not be permitted. Contractor is expected to modify irrigation schedule to accommodate changes in seasons and weather conditions. The application is to be slow enough for the water to soak-in, rather than run-off.
Ground cover/ planter areas shall be fertilized twice each year. Fertilizer is to be applied in the spring and fall each with exact dated to be adjusted based upon weather conditions. Kellogg’s triple 6 (6-6-6) or approved equal shall be applied at the rate of two (2) pounds of actual nitrogen per 1,000 square feet. Follow all manufacturer instructions.
Dead flower material shall be removed as needed and with care as not to remove any new buds. Agapanthus-dead-flower stalks shall be removed after flowers fade. Day Lily-dead-flower stalks are to be cut and while old leaves are cleaned out once (1) per month. Society Garlic-dead-flower stalks are cut after bloom cycle ends and old leaves are cleaned out once (1) each month.
At the end of each season, perennials shall be cut back to ground level after the foliage had died back.
All annual flowers shall be removed, if damaged by frost. The bed shall then be raked level and all debris removed and disposed of by the Contractor.
Shrubs, vines, and ground covers shall be kept trimmed/pruned to conform to the City of Stockton Standard Specification and Plans Drawing Nos. 9 and 9A – “Corner Sight Distance” (Attachment B).
Shrubs shall be kept trimmed/pruned at all times to:
-- at least six (6) inches behind the back of all sidewalks, -- at least six (6) inches from any header board or concrete mow band defining a shrub or planter bed,
-- at least six (6) inches from the face of any masonry fence/back-up wall, and -- at least six (6) inches below the top of any fence/back-up wall.
Shrubs in the median islands shall not be allowed to grow higher than thirty (30) inches above the median curb. Shrubs shall be kept trimmed so they do not interfere with the operation of the irrigation system. Shrubs planted adjacent to fences, building, walls, pedestal-type utility enclosures, or other vertical elements shall be kept trimmed/pruned so that branches do not rub or become entangled in the feature. A clear path to any feature requiring routine access shall also be EXHIBIT 1
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maintained. All trimming/pruning shall conform to the Western Chapter of the International Society of Arboriculture standards.
Vines that are incorporated into landscaping shall be kept trimmed at all times so they do not extend more than four (4) inches from the face of fence/back-up wall, and shall be kept trimmed to the bottom of the capstone of the fence/back-up wall; or if there is no capstone, kept trimmed to six (6) inches below the top of any fence/back-up wall. Vines shall be kept trimmed so they do not grow into the adjacent ground cover, shrubs, trees or any other plant material. Vines that have grown into the adjacent ground cover, shrubs, trees or any other plant material shall be removed. Vines shall be kept trimmed so they do not interfere with the operation of the irrigation system. Vines planted adjacent to fences, building, walls, pedestal-type utility enclosures, or other vertical elements shall be kept trimmed/pruned so that they do not rub or become entangled in the feature. A clear path to any feature requiring routine access shall also be maintained.
Ground cover shall be kept trimmed/pruned so it does not extend over sidewalks, pathways, and curbs at any time. Ground cover shall be kept trimmed back from hard-surfaced materials, header boards, shrubs, trees, and utility/equipment enclosures. Ground cover shall be kept trimmed to a height of twelve (12) inches or less. Ground cover shall be kept trimmed so as not to interfere with the operation of the irrigation system. Ground cover planted adjacent to fences, building, walls, pedestal type utility enclosures or other vertical elements shall be kept trimmed/pruned so that branches do not rub or become entangled in the feature. A clear path shall be maintained to any feature requiring routine access.
All ground covers shall be mowed annually if required by the type of plant material.
1.5.3.1 Elderberry Bush Maintenance
Upon Contract award, the Contractor should inspect all elderberry bushes at specified locations. Due to environmental regulations for the Valley Elderberry Longhorn Beetle (protected beetle), a pre-trim inspection of the elderberry bushes must be completed to ensure no evidence of the protected beetle was observed.
Any evidence of the protected beetle observed needs to be photographed and reported to City staff (Program Manager III – Wastewater). All elderberry bushes shall be maintained (trimming branches less than 1 inch) as show in Exhibit 4. The Checklist in Attachment C shall be completed and submitted monthly during the term of the Contract.
1.5.4 Trees and Trees in Tree Wells
Upon contract award, the Contractor should inspect all trees for existing damages prior to conducting any work activity in the facilities. Observed tree damage shall be documented by Contractor in writing to the Municipal Utilities Department Representative/Project Manager.
All trees shall be irrigated to maintain a healthy and vigorous appearance at all times. Excessive water run-off or flooded tree-wells will not be permitted. The EXHIBIT 1
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Contractor is responsible to adjust irrigation schedule to accommodate changes in seasons and weather conditions.
Contractor shall re-tie trees as necessary. The Contractor shall inspect all trees after wind and rain storms to determine if any damage has occurred. Broken branches shall be pruned. Stakes shall be straightened and adjusted. Broken ties shall be replaced as necessary so that the tree trunk is in a plumb, vertical condition. Contractor shall contact the Director or the Municipal Utilities Department Representative/Project Manager regarding all observed tree damage and any tree(s) that require re-staking. If the tree stake(s) is/are not broken, Contractor is expected to re-set stakes and re-tie tree. If stakes are broken, Contractor shall contact the Municipal Utilities Department Representative/Project Manager for direction.
The Contractor shall trim and/or remove any low-hanging branch(es) over sidewalks in order to provide a minimum of seven (7) feet vertical clearance for pedestrian passage. The Contractor shall immediately trim any tree branch(es) that obstruct any traffic control sign(s). Major tree trimming/pruning is not included in this work.
Tree wells shall be kept weed-free at all times. Tree-wells are defined as those areas adjacent to trees, shrub beds, and other purposefully planted landscape areas in which all plant growth is removed and a protective covering of organic substances is placed (to prevent evaporation of moisture, control weed growth, prevent mechanical damage to landscape and for aesthetic reasons). The Contractor shall maintain a minimum of three (3) foot diameter clear area around each tree.
The Contractor shall remove all sucker growth from the base of all trees within the project area when growth is taller than eight (8) inches. Sucker growth is defined as the incidental, vegetative growth arising from the bases and lower trunk areas of trees, which are not essential to the overall well-being of the plant.
Trees shall be fertilized two times per year with a balanced fertilizer such as Best PRO BALANCE 15-15-15 or approved equal type. Follow all manufacturer instructions.
1.5.5 Irrigation/Irrigation System Maintenance
At each mowing, the Contractor shall operate and inspect the irrigation system (which includes any booster pumps), to check for proper operation. Should the system not be operating properly, the Contractor shall notify the Municipal Utilities Department Representative/Project Manager if repair exceeds $200. If damaged components are discovered, and repairs exceed $200, Contractor shall notify the Municipal Utilities Department Representative/Project Manager for approval to repair/replace the affected components. If repairs do not exceed $200, repairs are to be made by Contractor and details of repair are to be listed on monthly invoice.
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The Contractor shall make all reasonable effort to have all irrigation completed between the hours of 10:00 p.m. and 6:00 a.m. the following day. Drip and bubbler stations may run at any convenient time of the day.
Any vandalism of the irrigation system shall be reported to the Director or the Municipal Utilities Department Representative/Project Manager.
The Contractor shall regularly monitor and adjust the irrigation system and controller operation to prevent over-spray, excessive run-off, pooling, ponding, saturating areas, and over-watering. All planted areas shall follow a planned watering schedule differing only as required by the season of the year. Contractor shall adjust and improve the schedule according to weather conditions and season. The Contractor should not wait for direction from Director or the Municipal Utilities Department Representative/Project Manager concerning this. The Contractor shall advise the Director or Municipal Utilities Department Representative/Project Manager when changes are made to the watering schedule. If City requests changes to irrigation programming/scheduling, the Contractor shall comply with the request. It should be noted that the Contractor is expected to regularly monitor and adjust the irrigation system and not rely on the City to provide direction. If the City continually has to direct/ask the Contractor to monitor and adjust the irrigation system, this can be considered as Contractor not diligently executing the contract ad may be considered grounds for terminating the contract.
1.5.6 Graffiti Abatement – Paint Out and/or Removal, and Reporting Once (1) each week, the Contractor shall abate graffiti from all irrigation controller cabinets, backflow prevention device enclosures, electrical pedestals for irrigation controllers, and irrigation booster pump enclosures (all “Cabinets”) within each “Full Service” facility; and as scheduled for all other facilities. Cabinets that are currently painted green shall have the graffiti abated by painting over with an exterior satin acrylic paint, color to be Kelly Moore “Green Thumb” or approved comparable color. Cabinets that are currently painted tan/light brown shall have the graffiti abated by painting over with an exterior satin acrylic paint, color to be Kelly Moore “Graystone” or approved comparable color. Alternate colors must be approved by City prior to use. Graffiti shall be removed from stainless steel cabinets.
Once (1) each week, the Contractor shall report to the Municipal Utilities Department Representative/Project Manager all graffiti on buildings, walls and site furnishings such as benches, trash receptacles, etc., within the facilities.
Contractor is not expected to abate graffiti from these improvements.
1.5.7 Litter/Debris Removal
Once (1) each week, the Contractor shall collect, remove and properly dispose of all litter and debris at each location designated as “Full Service,” and as designated for all other locations. Litter/debris removal means the collection and proper disposal of all debris such as paper, cans, bottles, broken glass, rocks, trash, and EXHIBIT 1
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all fallen leaves/needles regardless of whether the leaves/needles are a result of any maintenance activity. Removal of litter/debris includes the sweeping or blowing off of all hard surface areas within the facilities, such as sidewalks and driveways. All litter/debris collected must be removed from the facility in which it was collected before moving to the next facility. The Contractor is responsible for the proper disposal of all materials collected.
1.5.8 Underdeveloped Areas/Bare Soil Areas
Vegetation in the undeveloped parts of any of the facilities shall be kept to a height of four (4) inches or less at all times.
1.5.9 Masonry Fences/Back-up Walls
Masonry fences/back-up walls (which may also be described as masonry walls or concrete fences), observed during the course of work to be damaged or require repair, graffiti removal, repainting, etc., shall be reported to the Municipal Utilities Department Representative/Project Manager. Repair, graffiti removal, repainting, etc. of masonry fences/back-up walls is considered an excluded service.
1.5.10 Insecticides, Pesticides, Herbicides, Fungicides, and Fertilizers The Contractor shall analyze plant problems and apply correct types and rates of fertilizers, insecticides, fungicides and herbicides.
The Contractor shall obtain a written recommendation from a Licensed Pesticide Control Advisor in accordance with the State of California Department of Pesticide Regulations for the application of any insecticides, pesticides, herbicides, fungicides, and/or fertilizers. Prior to the application of any the above, the Contractor shall provide the Municipal Utilities Department Representative/Project Manager a written proposal of application date and time and a copy of material Safety Data Sheet (SDS) of any insecticides, pesticides, herbicides, fungicides, and/or fertilizers. Contractor shall provide such notice at least two (2) working days prior to the proposed application.
Any landscaping damaged by the Contractor’s misapplication of insecticides, pesticides, herbicides, fungicides, and/or fertilizers shall be replaced at the Contractor’s expense.
Each month, the Contractor shall provide a written report to the Director or the Municipal Utilities Department Representative/Project Manager of application date(s), location(s), applicator’s name, license number under which the operator was operating, brand name(s), and amount(s) of material(s) applied.
1.5.11 Rodent Control
The Contractor shall notify Director or the Municipal Utilities Department Representative/Project Manager upon noticing evidence of rodents.
1.5.12 Corrective Actions
EXHIBIT 1
EXHIBIT A – Contract Specifications
If there are parts of the Contractor’s work that do not conform to the specifications, the Contractor will be notified in writing by facsimile, email, and/or letter via United States Postal Service first class delivery of any need for corrections. Any form of notification shall be valid. If the Contractor fails to correct any deficiencies within five (5) working days, the City may arrange to have the deficiencies corrected and deduct the cost to correct the deficiency from the amount due to the Contractor. If the correction is to provide for traffic sight distance in accordance with Attachment B or an immediate health or safety issue, the correction shall be completed within one (1) work day. Corrections shall not interrupt or delay regularly scheduled service. The Contractor shall provide written confirmation within one (1) day of the completion of work. Confirmation may be by facsimile, email, or personal delivery to the Municipal Utilities Department at 2500 Navy Drive, Stockton, CA.
1.5.13 Disposal of Materials
The Contractor must recycle or compost all green waste (grass clippings, leaves, pruning, etc.) from City property in a manner that does not add to solid waste. The Contractor must provide monthly accounting for waste recycling (include material being recycled, copies of certified weight tickets and description of where material is being recycled.
1.5.14 Emergency Response
The Contractor shall provide emergency response with two (2) hours of notification of any calls for service outside normal working hours. This additional service time should be used to secure problems only. Repairs are to be accomplished during regular working hours. Emergency response time is considered additional service on a time and materials basis.
1.5.15 Incidental Maintenance Services
All incidental maintenance services, such as irrigation repair or request for additional non-scheduled service, must be approved by the Municipal Utilities Department Representative/Project Manager prior to the Contractor performing the work. Payment for approved incidental maintenance services shall be based on actual cost of labor plus wholesale cost of materials plus 10 percent (10%).
Incidental Maintenance Services may include, but are not limited to, the following:
a) Irrigation system repairs.
b) Replacement or re-establishment of trees, shrubs, ground cover plants, and/or turf.
c) Other non-routine service(s) that may or may not be described in this document that may be requested by the Municipal Utilities Department Representative/Project Manager.
1.5.16 Worksite Safety
Contractor is not required to interact with the public who are loitering, sleeping at, or vandalizing City worksites in the scope of this contract in order to perform work.
EXHIBIT 1
EXHIBIT A – Contract Specifications
If the Contractor or Contractor’s employees encounter unsafe conditions due to the public or unhoused individuals, the Contractor shall notify the City’s designated contract manager of the conditions and follow up with an email describing the location and unsafe conditions found – emailed photos are also recommended – within 2 hours of the Contractor’s arrival to the site. The City’s designated contract manager will provide guidance and coordinate with the City Police Department to mitigate the conditions and advise the Contractor on when to reschedule the work within the specified frequency of this Contract.
1.6 Specifications
The work embraced herein shall be performed in accordance with the City of Stockton, Standard Specifications and Plans;
http://www.stocktongov.com/government/departments/publicworks/enginstand.ht ml. Insofar as the same may apply and in accordance with the following Special Provisions. To the extent the Department of Transportation Standard Specifications implement the STATE CONTRACT ACT, they shall not be applicable since the City of Stockton is not subject to said Act. In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. In the event of conflict between governing codes (Uniform Building Code 1994 and others), as applicable, and the Standard Specifications and the Special Requirements, the governing code requirements shall take precedence.
1.7 City’s Representatives
A representative from the Municipal Utilities Department will manage/administer this contract. The Department Representative/Project Manager has the authority to act on behalf of the Municipal Utilities Department and the City.
EXHIBIT 1
EXHIBIT A – Contract Locations
AREAS MAINTAINED
The following table identifies the facilities, its locations and maintenance needs.
Bid
Item
Facility Location Facility Address Maintenance
Needs
Frequency
of Service
1 10001 North I-5
Frontage Rd
FULL
SERVICE
Weekly
2 1233 Sutherland Drive FULL
SERVICE
Weekly
3 2500 Navy Drive FULL
SERVICE
Weekly
4 2500 Navy Drive (T-
Plant)
FULL
SERVICE
Weekly
5 3638 E. Hammer Lane FULL
SERVICE
Weekly
6 4410 Wild Grape Drive FULL
SERVICE
Weekly
7 4748 Frontier Way FULL
SERVICE
Weekly
8 5656 Feather River
Drive
FULL
SERVICE
Weekly
9 6011 Tam O’Shanter
Drive
FULL
SERVICE
Weekly
10 7235 Inglewood Ave FULL
SERVICE
Weekly
11 7400 N. West Lane FULL
SERVICE
Weekly
12 8335 Galloway Drive FULL
SERVICE
Weekly
13 8448 Berwick Way FULL
SERVICE
Weekly
14 8551 West Lane FULL
SERVICE
Weekly
15 9859 Hickock Court FULL
SERVICE
Weekly
16 Cumberland & 5-Mile
Creek
3621 Stone River Cir FULL
SERVICE
Weekly
17 Lighthouse & 5-Mile
Creek
7103 Lighthouse Dr FULL
SERVICE
Weekly
18 Plymouth & 5-Mile Creek 7078 Plymouth Rd FULL
SERVICE
Weekly
19 Sutter & UPRR 4368 Sutter St FULL
SERVICE
Weekly
20 Smith Canal 2130 Fontana Ave FULL
SERVICE
Monthly
21 2441 W Charter Way Spray Weeds
Only (SWO)
Monthly
22 2500 Navy Drive (Empty
Lot S/O Maintenance
Bldg)
Spray Weeds
Only
Monthly
23 2501 Navy Drive (spray
weeds)
Spray Weeds
Only
Monthly
EXHIBIT 1
EXHIBIT A – Contract Locations
Bid
Item
Facility Location Facility Address Maintenance
Needs
Frequency
of Service
24 Don Avenue & Santiago 2414 Santiago Spray Weeds
Only
Monthly
25 Thornton & Davis 8603 Thornton Rd Spray Weeds
Only
Monthly
26 Josephine & Navy Drive 1545 Navy Dr Spray Weeds
Only
Bi-Monthly
27 2501 Navy Drive
(maintain berries)
Maintain
Berries
Bi-Monthly
28 14 Mile Slough
Reservoir
10004 Trinity Parkway SWO & Blow
Down Station
(BDS)
Monthly
29 Alexandria & 14 Mile
Slough
5935 Alexandria Place SWO & BDS Monthly
30 Alexandria & 5-Mile
Creek
6803 Alexandria Place SWO & BDS Monthly
31 Black Oak & 14 Mile
Slough
1749 Black Oak Dr SWO & BDS Monthly
32 Brookside & Calaveras 1515 Brookside Rd SWO & BDS Monthly 33 Brookside Estates 3910 W March Lane SWO & BDS Monthly 34 Cayuga & Mosher
Slough
8461 Cayuga Dr SWO & BDS Monthly
35 Comanche & Ridgeway Across from 515
Camanche Ln
SWO & BDS Monthly
36 Kelly & Mosher Slough 9209 Kelley Drive SWO & BDS Monthly 37 Newcastle & North Little
John
7650 Newcastle Rd SWO & BDS Monthly
38 Pacific & 5-Mile Creek 7660 Pacific Ave SWO & BDS Monthly 39 Stage Coach & Duck
Creek
2641 Stagecoach Rd SWO & BDS Monthly
40 West Lane & Calaveras
North
4401 N West Ln
(near)
SWO & BDS Monthly
41 West Lane & Calaveras
South
4250 N West Ln
(adjacent)
SWO & BDS Monthly
42 Western Pacific
Industrial Park
501 Zephyr St SWO & BDS Monthly
43 Weston Ranch Sanitary
Pump
1623 Sacchetti Ct/
3603 EWS Woods
Blvd
SWO & BDS Monthly
44 1-5 Brookside /
Brookside & Feather
River
2781 Brookside Rd SWO & BDS Bi-Monthly
45 1659 Army Court -Army
Court Storm
SWO & BDS Bi-Monthly
46 3550 Metro Dr. (Arch
Rd Sanitary)
SWO & BDS Bi-Monthly
47 4141 Pock Ln. (Airport
Business Park Storm)
SWO & BDS Bi-Monthly
48 4504 E. Main St.
(Wilhelmina Sanitary)
SWO & BDS Bi-Monthly
EXHIBIT 1
EXHIBIT A – Contract Locations
Bid
Item
Facility Location Facility Address Maintenance
Needs
Frequency
of Service
49 5214 Holman Rd.
(Blossom Ranch
Sanitary)
SWO & BDS Bi-Monthly
50 Airport & Duck Creek 2916 S Airport Way SWO & BDS Bi-Monthly 51 Airport Gateway 304 Sperry Rd SWO & BDS Bi-Monthly
52 Anderson & McDougal near 701 W Anderson
(under I-5)
SWO & BDS Bi-Monthly
53 Bainbridge & Mosher
Slough
8703 Bainbridge Pl SWO & BDS Bi-Monthly
54 Bianchi & Calaveras Adjacent to 102 W
Bianchi
SWO & BDS Bi-Monthly
55 Brookside Estate North 6373 Brook Hollow
Circle
SWO & BDS Bi-Monthly
56 Brookside Estate South 2921 Brookside Rd SWO & BDS Bi-Monthly 57 Buena Vista & Smith
Canal
Across from 1617
Buena Vista
SWO & BDS Bi-Monthly
58 Casa De Esperanza
2404 Mariposa Rd.
2404 Mariposa Rd SWO & BDS Bi-Monthly
59 Cherbourgh & Mosher
Slough
2337 Pyrenees Ave SWO & BDS Bi-Monthly
60 Clayton & Harvey (Taft) 62 Clayton Ave SWO & BDS Bi-Monthly 61 Don & Mosher Slough 8576 Don Ave SWO & BDS Bi-Monthly 62 Drake & Hwy 99 626 Drake Ave SWO & BDS Bi-Monthly
63 Eight Mile & Pixley
Slough
749 Chagall Ln SWO & BDS Bi-Monthly
64 Fort Donelson & 14 Mile
Slough
4189 Fort Donelson
Dr
SWO & BDS Bi-Monthly
65 Fresno & Scotts 1755 W Scotts St SWO & BDS Bi-Monthly 66 Grupe Business Park 110 Val Dervin
Parkway
SWO & BDS Bi-Monthly
67 Hammer & SPRR
Subway
8008 Lorraine Ave SWO & BDS Bi-Monthly
68 Hammer & UPRR
Subway
7913 Albany Ave SWO & BDS Bi-Monthly
69 Holman & Calaveras 4410 Wild Grape
Drive
SWO & BDS Bi-Monthly
70 La Morada & Mosher
Slough
2950 E Morada Ln SWO & BDS Bi-Monthly
71 Lower Sac Subway
10196 Lower Sac Rd.
10196 Lower Sac Rd SWO & BDS Bi-Monthly
72 March Lane & SPRR
Subway
4956 Kimball Hill
Circle
SWO & BDS Bi-Monthly
73 March Lane & UPRR
Subway
1024 March Lane SWO & BDS Bi-Monthly
74 Miner Avenue 1112 E Miner Av SWO & BDS Bi-Monthly
75 Orange & Sonora 1201 W Sonora St SWO & BDS Bi-Monthly 76 Origone near 5300 block of N
99 Hwy Frontage Rd
SWO & BDS Bi-Monthly
77 Riverbend & Calaveras 4502 White Forge Dr SWO & BDS Bi-Monthly EXHIBIT 1
EXHIBIT A – Contract Locations
Bid
Item
Facility Location Facility Address Maintenance
Needs
Frequency
of Service
78 Ryde Ave & Smith Canal 1418 Ryde Ave SWO & BDS Bi-Monthly 79 Sanguinetti & Calaveras 3726 Sanguinetti Ln SWO & BDS Bi-Monthly 80 Spanos Park & Bear
Creek
3798 Iron Canyon Cir SWO & BDS Bi-Monthly
81 Spanos Park West 3690 Iron Canyon Cir SWO & BDS Bi-Monthly 82 Thornton & Bear Creek
(Spanos Park East)
10011 Thornton Rd SWO & BDS Bi-Monthly
83 Thornton & Mosher
Slough
8598 Thornton Rd SWO & BDS Bi-Monthly
84 Twin Brooks & Mosher
Slough
9205 Twin Brooks Ln SWO & BDS Bi-Monthly
85 Walker Slough &
Turnpike
3080 Turnpike Rd SWO & BDS Bi-Monthly
86 Waterloo & Roosevelt 1135 Waterloo Rd SWO & BDS Bi-Monthly 87 Weston Ranch Storm
Station
4327 Mist Trail Dr SWO & BDS Bi-Monthly
88 Yarmouth & Mosher
Slough
8572 Yarmouth Dr SWO & BDS Bi-Monthly
89 10442 Muir Woods
Avenue
Weeds Only Semi-Annual
90 1050 Diamond Street Weeds Only Semi-Annual
91 110 Segovia Lane Weeds Only Semi-Annual
92 14-Mile/Westside Interim
Sewer
4061 Brookside Rd Weeds Only Semi-Annual
93 1535 Rivera Road Behind 7602
Brentwood Dr
Weeds Only Semi-Annual
94 1698 Bonaire Circle Weeds Only Semi-Annual
95 2855 Saffron Way Weeds Only Semi-Annual
96 341 Leslie Avenue Weeds Only Semi-Annual
97 3871 Ivano Lane Weeds Only Semi-Annual
98 4031 B Street Weeds Only Semi-Annual
99 435 Don Carlos Avenue Weeds Only Semi-Annual
100 4605 W Highway 99
Frontage
Weeds Only Semi-Annual
101 4728 Qantas Lane Weeds Only Semi-Annual
102 678 Grider Way Weeds Only Semi-Annual
103 750 French Camp Rd Weeds Only Semi-Annual
104 9151 N 99 Frontage Weeds Only Semi-Annual
105 9419 Lower Sacramento
Rd
Weeds Only Semi-Annual
106 Diamond & Charter adjacent to 1050
Diamond St
Weeds Only Semi-Annual
107 Diamond & Worth (Near
BN&SF RR)
adjacent to 2141 E
Anderson St
Weeds Only Semi-Annual
108 Hwy-4 & SJ River Storm 2499 W Charter Way Weeds Only Semi-Annual 109 2500 Navy Drive
(Elderberry Bushes)
2500 Navy Drive Trim Only Bi-Monthly
EXHIBIT 1
42 Attachment A
WORK RECORD SUMMARY/LANDSCAPE MAINTENANCE CHECKLIST
Place a check mark by each item completed:
Meeting with Inspector
Remove litter, leaves and debris from site
Turf
Mow
Sweep, blow clean, or wash all walkways, curbs, and gutters. Trimming
Edge
Shrub/planter bed maintenance
Trim shrubs
Trim groundcover
Remove spent annual flowers
Remove weeds
Remove foreign growth
Tree Maintenance
Remove any broken branches from trees.
Retie trees
Re-stake trees
Remove sucker growth from tree trunks.
Remove weeds
Irrigation system checked.
Irrigation controllers adjusted for current water needs/weather conditions Graffiti Abatement, Location(s)
Check for and report any wall damage to Inspector
Check for and report any rodent activity to Inspector Additional, extra or specified work performed: (describe)
Facility:
Checked by: (print name)
Signature: Date:
EXHIBIT 1
43 Attachment B
EXHIBIT 1
44 EXHIBIT 1
City of Stockton
Elderberry Maintenance Project
MONTHLY WORK RECORD/INSPECTION SUMMARY CHECKLIST
Complete the form below with the date of work and a check mark by areas completed:
Date:
01-Brooks Road (North)
02-Brooks Road (Center)
03-Brooks Road (South)
04-Paradise Point Trim
05-Paradise Point Road
06-Boneyard (North)
07-Boneyard (East)
08-Boneyard (Center – W)
09-Boneyard (Center – E)
10-Boneyard (West)
11-Boneyard (South)
Note: If bore holes found during pre-trim inspec tion, please initial above and provide photos and location. A map of the areas is on the reverse.
Additional Notes:
ATTACHMENT C
EXHIBIT 1
EXHIBIT 1
REV 2022-05-17
Exhibit B:
Insurance Requirements
(Landscaping Services with Spraying Herbicides)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if contractor provides written verification it has no employees)
4. Pollution Liability applicable to the work being performed, to include non-aerial spraying of pesticides and herbicides, etc, with a limit no less than $1,000,000 per claim or occurrence and $1,000,000 aggregate per policy period of one year.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
EXHIBIT 1
REV 2022-05-17
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any EXHIBIT 1
REV 2022-05-17
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self -Insured Retentions
Self-i
nsured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work .
3. If coverage is canceled or non-renewed, and not replaced with another 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.
EXHIBIT 1
REV 2022-05-17
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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, 3
rd Floor – HR
Stockton, CA 95202
EXHIBIT 1
(Rev. 10.30.18; Mod 05.08.23 RM)
EXHIBIT C
GENE
RAL 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 I
nvoices 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 Up
on 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 sh all be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work . All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 EXHIBIT 1
(Rev. 10.30.18; Mod 05.08.23 RM)
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 deliver y 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 Contrac tor to comply with the time limit s described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 EXHIBIT 1
(Rev. 10.30.18; Mod 05.08.23 RM)
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Con tractor 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, super vision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that Contractor must issue W -2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 3 EXHIBIT 1
(Rev. 10.30.18; Mod 05.08.23 RM)
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 s hall 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 m ay set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity a
nd 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. D
uring 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 t
o this Agreement and shall otherwise comply with the
other provisions
of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail,
postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable
Laws. Contractor shall comply with all
applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this
Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 EXHIBIT 1
(Rev. 10.30.18; Mod 05.08.23 RM)
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 Agr eement, 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 m anner of degree by the performance of Contractor ’s services under this Ag reement. 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 Cit y or for any amount due Contractor.
5 EXHIBIT 1
(Rev. 10.30.18; Mod 05.08.23 RM)
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. Neithe r 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 for ce majeure event, and to use diligent efforts to re- commence performance as promptly as commercially practicable.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
6 EXHIBIT 1
(Rev. 10.30.18; Mod 05.08.23 RM)
29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorn eys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
7 EXHIBIT 1
1 (Rev. 07.12.22)
EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. D efinitions . 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. G
eneral . 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. T
ime for Performance .
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the S ervices, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other EXHIBIT 1
2 (Rev. 07.12.22)
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. S tandard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor’s S ervices shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by member s of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards . By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, 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 s ubcontractors 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. C
ompensation
5.1 In addition to Section 3 Compensation in Exhibit C – G TC, 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 EXHIBIT 1
3 (Rev. 07.12.22)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. P ersonnel
6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City . Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
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 resul t of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6.3 K
ey Personnel : Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key p ersonnel" means those job titles and the persons assigned to those positions in accordance with the provisions of 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 k ey personnel is found in Exhibit A, Scope of Services.
7. R
eports 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.
EXHIBIT 1
4 (Rev. 07.12.22)
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. C
opyright
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. D eliverables
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. A
pplicable 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.
EXHIBIT 1
1 (Rev. 10.30.18)
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. P roject Price
1.1 T he maximum the Contractor shall be paid on this Agreement is $_580,000.00_ (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 S tandard 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. E
xpenses, 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 C ity’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.
EXHIBIT 1
2 (Rev. 10.30.18)
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 sub contractors 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 _N/A_%.
2. Task Price . Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
Task Description Task Price
1 Work as specified in Exhibit E – Contractor
Pricing.
$561,504.25
2 Work requested by the City in Exhibit E –
Schedule of Values.
$18,495.75
TOTAL PRICE $580,000.00
3. H ourly 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 A
greement.
Hourly B illable Rate Schedule
Title
Role on Project
Hourly
Billable
Rates
N/A N/A $
4. A dditional Fees. Should an amendment to the Agreement be issued for additional services that require the following items, the unit prices are as follows:
Title Unit Price
N/A $
EXHIBIT 1
3 (Rev. 10.30.18)
5. 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:
C
ity of Stockton Municipal Utilities Department
Attention: MUD Finance
425 N. El Dorado Street
Stockton, CA 95202
EXHIBIT 1
EXHIBIT E - Contract Pricing
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EXHIBIT E - Contract Pricing
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EXHIBIT E - Contract Pricing
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EXHIBIT E - Contract Pricing
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109
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EXHIBIT E
EXHIBIT 1
1 (Rev, 10.27.22)
EXHIBIT F
TIMELINE
1. Contractor shall complete the requested services identified in Exhibit A as follows:
1.1 TIMELINE FOR COMPLETION OF WORK
1.1.1 Work shall be completed in accordance the frequencies listed in Exhibit A – Contract Locations
EXHIBIT 1