Exh
ibit B:
Insurance Requirements
(On Call Collection of Waste Streams Propane & Refrigerant) Cont
ractor 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 SC
OPE AND LIMIT OF INSURANCE
Cov
erage shall be at least as broad as:
1. Com
mercial 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. Aut
omobile 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 cont ractor provides written verification it has no employees)
4. Contractors Pollution Liability applicable to the work being performed, 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
552
REV 2022-06-07
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 endorsement that may be necessary to affect this waiver of subrogation, but this EXHIBIT 1
553
REV 2022-06-07
provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self -Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The C
ity of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
EXHIBIT 1
554
REV 2022-06-07
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 1
555
(Rev. 10.30.18; Mod 05.08.23 RM)
EXHIBIT C
GENERAL
TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Inv
oices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon c
ompletion 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
556
(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
557
(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
558
(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 and
Hold Harmless. To the fullest extent permitted by law,
Contractor shall hold harmless,
defend and indemnify City of Stockton and
its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense,
costs (including without limitation costs and
fees of litigation) of
every nature arising out of or in connection with
Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained
in this agreement, except such loss or damage
which was caused by
the sole negligence or willful misconduct of the City
of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum
insurance obligations contained in this agreement.
These obligations shall survive the completion or termination of this agreement.
14. Insurance. Duri
ng the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this
Agreement and shall otherwise comply with the
other provisions
of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid,
addressed in Exhibit A to this Agreement.
16. Conformance to Applicable L
aws. 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
559
(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
560
(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
561
(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
562
1 (Rev. 4.18.22)
EXHIBIT D
GOODS AND SERVICES TERMS AND CONDITIONS
1. Definitions. Th e following words and phrases have the following meanings for purposes of this Agreement:
1.1 "
Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. T
he following terms and conditions are applicable for the purchase of goods and 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 W
here any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC , the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the S ervices, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other EXHIBIT 1
563
2 (Rev. 4.18.22)
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. Standard 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. Compensation
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
564
3 (Rev. 4.18.22)
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. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement , the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
7. Fi ndings Confidential
All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City . Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
8. Right of Inspection
All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contractor , the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.
9. W arranty
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conform to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or EXHIBIT 1
565
4 (Rev. 4.18.22)
advertised by Contractor or the actual manufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.
10. O wnership
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acceptance, Deliverable delivered by Contractor shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Contractor , or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.
11. A pplicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.
Deliverables must conform with all applicable federal, state, and local laws . Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
12. P revailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California Department of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.
CONTRACTOR REGISTRATION REQUIREMENTS - Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is EXHIBIT 1
566
5 (Rev. 4.18.22)
registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Department of Industrial Relations- Contractor Registration information and web link: https://www.dir.ca.gov/public-works/publicworks.html. In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.
Thi
s project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.
13. Shi
pping Terms
City shipment terms are F.O.B. Destination, Freight Prepaid and Added unless otherwise specified in the Agreement. Contractor shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Deliverables in the safest and most economical manner necessary to meet the delivery date specified in the Agreement .
Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all individual boxes with stock number and quantity and items with different stock numbers shall be boxed separately.
City reserves the right to refuse, at Contractor ’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.
14. Del iveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliv
erable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contractor liable for damages incurred due to the untimely delivery including, but not limited to, the additional costs resultant from City procuring substitute Deliverables elsewhere.
15. Pr ice and Quantities
EXHIBIT 1
567
6 (Rev. 4.18.22)
Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.
EXHIBIT 1
568
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. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $__101,923.75____ (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items : Only the reimbursable items identified in Exhibit A , C, and D ( Compensation), shall be compensated to the Contractor.
Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup o n any of the items listed in i, ii or iii.
Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost.
ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost.
iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.
Reimbursement shall be made at actual costs with no markup added to the actual cost.
1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.
Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
EXHIBIT 1
569
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 Subco
ntractor 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 ___0___%.
2. Task P
rice. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
Task Description Task Price
1 Annual Lease 500 Gallon Tank $10.00
2 Annual Lease 1000 Gallon Tank $10.00
3 Refinery Cost of Propane (BPN) per gallon $1.45
4 Margin Cost of Propane per gallon $0.65
The abov
e product is to be taxed at 7.75%.
3. Invoi
ce 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:
MUD
[email protected]
EXHIBIT 1
570
City of Stockton
Legislation Text
File #: 24-0302, Version: 1
ADOPT A RESOLUTION AWARDING TWO CHEMICAL SUPPLY CONTRACTS FOR DRINKING
WATER TREATMENT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Award a five-year contract to Chemrite, Inc. of Buford, GA for the amount not-to-exceed $651,000 ($8.68 per gallon) to purchase corrosion inhibitor (Exhibit 1 to the Resolution).
2. Award a five-year contract to Northstar Chemical doing business as (DBA) Pacific Star Chemical, LLC of Sherwood, OR for the amount not-to-exceed $376,855.65 ($13.99 per gallon) to purchase citric acid (Exhibit 2 to the Resolution).
It is further recommended that the City Manager be authorized to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Summary
The Municipal Utilities Department (MUD) operates and maintains the Delta Water Treatment Plant (DWTP). The DWTP uses approved chemicals in the water treatment process to provide Stockton residents with high-quality drinking water that meets all State and Federal regulations. The DWTP also relies on advanced membrane filtration in the final treatment step prior to delivery to the water distribution system. The membrane filters require regular cleaning and maintenance including the use of citric acid to remove impurities collected during the filtration process.
If approved by the City Council, this action will award a five-year contract to Chemrite, Inc. of Buford, GA for the purchase of corrosion inhibitor, and a five-year contract to Northstar Chemical dba Pacific Star Chemical, LLC of Sherwood, OR for the purchase of citric acid.
DISCUSSION
Background
The Intake Pump Station located on Empire Tract pumps water from the San Joaquin River via a 13- mile pipeline to the DWTP. This water must be treated and filtered before it is delivered as clean, safe drinking water to Stockton customers. The DWTP uses certain approved chemicals to remove impurities during the treatment process to meet required drinking water quality standards.
The DWTP was designed and constructed with an advanced membrane filtration system to provide Stockton residents with high-quality drinking water that meets all State and Federal regulations. The City of Stockton Printed on 5/8/2024Page 1 of 3
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File #: 24-0302, Version: 1
membrane filtration system uses filters that require regular maintenance that includes the use of citric acid to remove impurities attached to the membrane filters.
A corrosion inhibitor is a chemical (liquid orthophosphate), which reduces pipeline corrosion of the water distribution system. The use of a corrosion inhibitor is a standard practice in the treatment of drinking water nationwide.
Present Situation
On January 4, 2024, the City advertised an Invitation For Bids for the purchase of corrosion inhibitor (PUR 24-013) and citric acid (PUR 24-019). In addition, notifications were sent via e-mail to multiple chemical vendors.
On February 8, 2024, the City Clerk opened, examined, and publicly declared the sealed bids. The bid results were as follows:
VENDOR Chemical UNIT COST per
Gallon
UNIT COST
W/TAX
Annual Quantity
Chemrite, Inc. Corrosion Inhibitor $8.68 $8.68 15,000 gallons Pacific Star Chemical,
LLC
Citric Acid $13.99 $15.07 5,000 gallons
The bids submitted by Chemrite, Inc. and Northstar Chemical dba Pacific Star Chemical, LLC are regular in all respects and meet the City’s specifications. The City will pay only for the quantity of chemicals delivered.
The purchase of corrosion inhibitor is exempt from taxation. However, the purchase of citric acid is subject to tax as this chemical is used during the water treatment process. In addition, the DWTP is located in San Joaquin County, and goods such as citric acid, are taxed at a 7.75 percent tax rate.
Staff recommends the City Council award a five-year contract to Chemrite, Inc. of Buford, GA for the purchase of corrosion inhibitor, and a five-year contract to Northstar Chemical dba Pacific Star Chemical, LLC of Sherwood, OR for the purchase of citric acid.
FINANCIAL SUMMARY
Funds will be available following Council approval of the FY 2024-25 Annual Budget for the procurement of each chemical for FY 2024-25 from the Water Utility Fund, and as allocated annually in the table below:
VENDOR Chemical Annual Quantity Annual Amount
Chemrite, Inc. Corrosion Inhibitor 15,000 gallons $130,200.00 Pacific Star Chemical, LLC Citric Acid 5,000 gallons $75,371.13 City of Stockton Printed on 5/8/2024Page 2 of 3
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The five-year not-to-exceed amount is $651,000 for Chemrite, Inc. and $376,855.63 for Pacific Star Chemical, LLC. Future chemical purchases will be budgeted in the following fiscal years to be approved by the City Council during the annual budget process.
There is no impact to the General Fund, or any other unrestricted funds, from this action.
City of Stockton Printed on 5/8/2024Page 3 of 3
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573
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AWARDING CHEMICAL SUPPLY CONTRACTS TO CHEMRITE, INC
AND NORTHSTAR CHEMICAL DBA PACIFIC STAR CHEMICAL, LLC FOR
DRINKING WATER TREATMENT
The Municipal Utilities Department (MUD) pumps water from the Sacramento-San Joaquin Delta to the Delta Water Treatment Plant (DWTP) . This water must be treated and filtered before being delivered as safe, clean drinking water to Stockton residents ; and
The DWTP uses approved chemicals to remove impurities during the water treatment process; and
The existing contracts for corrosion inhibitor and citric acid expire on June 30, 2024; and
On February 8, 2024, Chemrite, Inc. submitted a sealed bid for corrosion inhibitor, and Northstar Chemical dba Pacific Star Chemical, LLC, submitted a sealed bid for citric acid. Both bids are regular in all respects and meet the City’s specifications; and
Staff recommends the execution of two (2) new contracts to continue supplying the DWTP with corrosion inhibitor and citric acid; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The five-year Professional Service Agreement for the purchase of corrosion inhibitor, in the not-to-exceed amount of $651,000.00, between the City of Stockton and Chemrite, Inc. is hereby awarded, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The five-year Professional Service Agreement for the purchase of citric acid, in the not-to-exceed amount of $376,855.63, between the City of Stockton and Northstar Chemical dba Pacific Star Chemical, LLC is hereby awarded, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
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574
3. The City Manager or his designee is authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED May 14, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
575
1 (Rev. 10.27.22)
CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”) to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: Terminates on:
_____________________________________________________________________________
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $ ____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address
CITY OF STOCKTON
___________________________________________________________________________ Harry Black, City Manager Date
ATTEST:
____________________________________________________________________________ Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City
Attorney
BY:
Agreement Number:
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms & Conditions
(d) Exhibit D –
(e) Exhibit E – Compensation Schedule
03/18/2024
EXHIBIT 1
576
1 (Rev. 10.30.18)
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
The Delta Water Treatment Plant (DWTP) uses chemicals to treat water and make it potable for human consumption. One of the chemicals needed for this process is Corrosion Inhibitor.
2. Project Scope
Contractor shall provide a liquid orthophosphate corrosion inhibitor, or a viable substitute. Terms and conditions hereinafter specified:
a. A quantity of 1 5,000 gallons per year is approximate; City guarantees no minimum. City reserves the right to increase and decrease the quantities. b. Job walk is mandatory.
c. Delivery time of the chemical must be within 5 business days from the date an order request is made.
d. Must meet ASNI/NSF Standard 60 (per California Code of Regulations, Section 64700).
e. Must be compatible and not damage the existing storage tank, dosing pumps, and the injection system.
f. Must not solidify inside the existing outdoor storage tank, dosing pumps, and the injection system.
g. The storage tank, dosing pumps, and the injection system are located outdoors. Therefore, the proposed chemical must not crystalize when exposed to freezing temperatures or at times in the year when it is the coldest.
3. Contract Period
For a period of five (5) years.
4. Price
$8.68 per gallon. This product is not taxed.
EXHIBIT 1
577
2 (Rev. 10.30.18)
5. Specifications
For each delivery of Corrosion Inhibitor, the Contractor shall submit a certificate of analysis with the specifications conforming to the following specifications:
a. Appearance: Clear colorless liquid
b. O-PO4: 24-26%
c. Density: 1.28-1.36
d. pH: 4.0-7.0
e. NSF/ANSI Std 60 MUL: 30.0 mg/L
Bul
k shipments shall be accompanied by certified liquid meter tickets. Bulk quantities of product shall be secured by seals with a uniquely numbered tamper evident seal(s) which is recorded on shipping documents or Bill of Lading or chain of custody documents.
Al
l materials furnished must be satisfactory to the City. Material not in accordance with these specifications, in the opinion of the City, shall be made to conform thereto. Unsatisfactory material will be rejected by the City.
6. Quantity
Quantities given are approximate usage for the contract’s requirements and the City guarantees no minimum. The City reserves the right to increase or decrease the quantities. Supplier shall not exercise right of allocation during the term of this contract.
CHEMICAL ANNUAL
USAGE
Corrosion Inhibitor 15,000 Gallons
7. Delivery
The price shall include all delivery and unloading charges; FOB destination.
Delivery of services under this contract shall be made to:
Delta Water Treatment Plant
11373 North Lower Sacramento Rd
Lodi, CA 95242
Ci
ty reserves the right to conduct all inspections as it deems appropriate.
No ha
ndling fees, offloading charges, or processing charges may be applied in addition to the freight charge.
EXHIBIT 1
578
3 (Rev. 10.30.18)
It will be the responsibility of the contractor to provide adequate assistance and/or equipment necessary to load and unload their products at the delivery site. No fee or additional charge will be accepted for split loads or multiple deliveries. Deliveries of chemicals shall be made within one week (5 business days) of notification (excluding weekends and holidays) of the time of order.
In c
ases of critical need, shorter delivery times, including possible weekend and holiday deliveries may be required. Delivery is to be between the hours of 7:00 A.M. and 3:00 P.M., Monday through Friday. The contractor shall pre-arrange any variance from these days and hours. City will provide access to City maps, conceptual drawings, records, studies, plans, and other documents relating to the project, based on availability.
The c
ontractor is responsible for providing the correct connections/apparatus at no additional cost to pump/fill the tanks onsite. Any accidental chemical spills will be the responsibility of the Contractor to clean in accordance with any federal, local and state regulations.
8. Internal and External Standards and Guidelines
The following information must be provided on the invoice for each delivered shipment.
1. Delivery date and time.
2. Liquid gallons delivered.
3. Price.
4. Purchase Order Number.
5. Bill of Lading
Inv
oices are to be submitted electronically to the following email:
[email protected]
Inv
oices may also be mailed to:
Delta Water Treatment Plant (MUD)
Attn: Program Manager III
11373 N Lower Sacramento
RD Lodi, CA 95215
9. Adjustment in Contract Prices
There will be no increase to the contract price during the five- year contract term. Manufacturers’ price increases or other increases in the cost of doing business may not be passed on to the City. Cancellation shall be in accordance with the terms of the signed contract.
EXHIBIT 1
579
4 (Rev. 10.30.18)
10. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: Chemrite, Inc. City: City of Stockton
Aaron Opp Attn: Program Manager III
5202 Belle Wood Court, STE, 104 11373 N Lower Sacramento RD Buford, GA 30518 Lodi, CA 95215
11. Key Personnel
Danny Trejo
Program Manager IIII
Water Division
Municipal Utilities Department
10. Option to Renew.
There is no option to renew.
EXHIBIT 1
580
REV 2022-05-17
Exhibit B:
Insurance Requirements
(Chemicals)
Co
ntractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage 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. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.
MINIMU
M SCOPE AND LIMIT OF INSURANCE
Co
verage shall be at least as broad as:
1. Co
mmercial 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. Au
tomobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Wo
rkers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Co
ntractors Pollution Liability applicable to the work being performed, 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.
EXHIBIT 1
581
REV 2022-05-17
Self -Insured Retentions
Self-insured retentions must be declared to and approved by the C ity 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 Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Othe
r Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:
1. The Ci
ty of Stockton , its officers, officials, employees, and volunteers are to be covered as additional insureds 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 both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, agents, 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 EXHIBIT 1
582
REV 2022-05-17
limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.
C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:
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 an extended period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions.
If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
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 EXHIBIT 1
583
REV 2022-05-17
covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII if admitted in the State of California.
Verification of Coverage
Co
ntractor 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.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of subrogation which any insurer may acquire against City of Stockton, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents, and subcontractors.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must EXHIBIT 1
584
REV 2022-05-17
be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work .
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 1
585
(Rev. 10.30.18; Mod 05.08.23 RM)
EXHIBIT C
GENERAL
TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Inv
oices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon c
ompletion 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
586
(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
587
(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
588
(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 and
Hold Harmless. To the fullest extent permitted by law,
Contractor shall hold harmless,
defend and indemnify City of Stockton and
its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense,
costs (including without limitation costs and
fees of litigation) of
every nature arising out of or in connection with
Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained
in this agreement, except such loss or damage
which was caused by
the sole negligence or willful misconduct of the City
of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum
insurance obligations contained in this agreement.
These obligations shall survive the completion or termination of this agreement.
14. Insurance. Duri
ng the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this
Agreement and shall otherwise comply with the
other provisions
of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid,
addressed in Exhibit A to this Agreement.
16. Conformance to Applicable L
aws. 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
589
(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
590
(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
591
(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
592
1 (Rev. 4.18.22)
EXHIBIT D
GOODS AND SERVICES TERMS AND CONDITIONS
1. Definitions. Th e following words and phrases have the following meanings for purposes of this Agreement:
1.1 "
Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. T
he following terms and conditions are applicable for the purchase of goods and 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 W
here any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC , the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the S ervices, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other EXHIBIT 1
593
2 (Rev. 4.18.22)
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. Standard 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. Compensation
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
594
3 (Rev. 4.18.22)
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. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement , the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
7. Fi ndings Confidential
All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City . Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
8. Right of Inspection
All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contractor , the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.
9. W arranty
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conform to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or EXHIBIT 1
595
4 (Rev. 4.18.22)
advertised by Contractor or the actual manufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.
10. O wnership
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acceptance, Deliverable delivered by Contractor shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Contractor , or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.
11. A pplicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.
Deliverables must conform with all applicable federal, state, and local laws . Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
12. P revailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California Department of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.
CONTRACTOR REGISTRATION REQUIREMENTS - Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is EXHIBIT 1
596
5 (Rev. 4.18.22)
registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Department of Industrial Relations- Contractor Registration information and web link: https://www.dir.ca.gov/public-works/publicworks.html. In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.
Thi
s project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.
13. Shi
pping Terms
City shipment terms are F.O.B. Destination, Freight Prepaid and Added unless otherwise specified in the Agreement. Contractor shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Deliverables in the safest and most economical manner necessary to meet the delivery date specified in the Agreement .
Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all individual boxes with stock number and quantity and items with different stock numbers shall be boxed separately.
City reserves the right to refuse, at Contractor ’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.
14. Del iveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliv
erable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contractor liable for damages incurred due to the untimely delivery including, but not limited to, the additional costs resultant from City procuring substitute Deliverables elsewhere.
15. Pr ice and Quantities
EXHIBIT 1
597
6 (Rev. 4.18.22)
Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.
EXHIBIT 1
598
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. Pro
ject Price
1.1 T
he maximum the Contractor shall be paid on this Agreement is $__651,000.00____ (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 C ity 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. Ex
penses, 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. Tr
avel 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 T
he 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
599
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 ___0___%.
2. T ask Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
Task Description Task Price
1 Corrosion Inhibitor $8.68
The above product is not taxed.
3. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:
[email protected]
EXHIBIT 1
600
1 (Rev. 10.27.22)
CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”) to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: Terminates on:
_____________________________________________________________________________
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $ ____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address
CITY OF STOCKTON
___________________________________________________________________________ Harry Black, City Manager Date
ATTEST:
____________________________________________________________________________ Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
Agreement Number:
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms & Conditions
(d) Exhibit D –
(e) Exhibit E – Compensation Schedule
EXHIBIT 2
601
1 (Rev. 10.30.18)
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
The Delta Water Treatment Plant (DWTP) uses chemicals to treat water and make it potable for human consumption. One of the chemicals needed for this process is Citric Acid.
2. Project Scope
Furnish, deliver, and transfer into the City’s Citric Acid tank at the DWTP:
Chemical: Citric Acid 50%
Number of tanks at DWTP: 1 Tank
Capacity of the tank: 500 gallons
Delivery Quantity: 150 to 250 gallons
3. Contract Period
For a period of five (5) years.
4. Price
$13.99 per gallon, plus 7.75% for taxes.
5. Specifications
For each delivery of Citric Acid 50%, the Contractor shall submit a certificate of analysis with the specifications conforming to the following specifications:
a. Identified as Citric Acid 50%
b. Material Grade: Food/NSF/Kosher
c. Appearance: Clear colorless liquid
d. Odorless
e. Density: 1.230 - 1.250
f. Assay C6H8O7: 48.5% to 51.5%
Bulk shipments shall be accompanied by certified liquid meter tickets. Bulk quantities of product shall be secured by seals with a uniquely numbered tamper evident seal(s) which is recorded on shipping documents or Bill of Lading or chain of custody documents.
EXHIBIT 2
602
2 (Rev. 10.30.18)
Citric Acid 50% must be NSF 60 certified. A certified analysis of composition & SDS shall accompany each delivery.
All materials furnished must be satisfactory to the City. Material not in accordance with these specifications, in the opinion of the City, shall be made to conform thereto. Unsatisfactory material will be rejected by the City.
6. Quantity
Quantities given are approximate usage for the contract’s requirements and the City guarantees no minimum. The City reserves the right to increase or decrease the quantities. Supplier shall not exercise right of allocation during the term of this contract.
CHEMICAL ANNUAL
USAGE
Citric Acid 50% 5,000 Gallons
7. Delivery
The price shall include all delivery and unloading charges; FOB destination.
Delivery of services under this contract shall be made to:
Delta Water Treatment Plant
11373 North Lower Sacramento Rd
Lodi, CA 95242
City reserves the right to conduct all inspections as it deems appropriate.
No handling fees, offloading charges, or processing charges may be applied in addition to the freight charge.
It will be the responsibility of the contractor to provide adequate assistance and/or equipment necessary to load and unload their products at the delivery site. No fee or additional charge will be accepted for split loads or multiple deliveries. Deliveries of chemicals shall be made within one week (5 business days) of notification (excluding weekends and holidays) of the time of order.
In cases of critical need, shorter delivery times, including possible weekend and holiday deliveries may be required. Delivery is to be between the hours of 7:00 A.M. and 3:00 P.M., Monday through Friday. The contractor shall pre-arrange any variance from these days and hours. City will provide access to City maps, conceptual drawings, records, studies, plans and other documents relating to the project, based on availability.
EXHIBIT 2
603
3 (Rev. 10.30.18)
The contractor shall be responsible for providing the correct connections/apparatus at no additional cost to pump/fill the tanks onsite. Any accidental chemical spills shall be the responsibility of the Contractor to clean in accordance with any federal, local and state regulations.
8. Internal and E
xternal Standards and Guidelines
The following information must be provided on the invoice for each delivered shipment.
1. Delivery date and time.
2. Liquid gallons delivered.
3. Price.
4. Purchase Order Number.
Invoices are to be submitted electronically to the following email:
[email protected]
Invoices may also be mailed to:
Delta Water Treatment Plant (MUD)
Attn: MUD Finance
2500 Navy Drive
Stockton, CA 95206
9. Adjustment in Contract Prices
There will be no increase to the contract price during the five- year contract term. Manufacturers’ price increases or other increases in the cost of doing business may not be passed on to the City. Cancellation shall be in accordance with the terms of the signed contract.
10. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: Pacific Star Chemical City: City of Stockton Julie DeBellis Attn: Program Manager III
14200 SW Tualatin-Sherwood Rd 11373 N Lower Sacramento RD Sherwood, OR 97140 Lodi, CA 95215
EXHIBIT 2
604
4 (Rev. 10.30.18)
11. Key Personnel
Danny Trejo
Program Manager IIII
Water Division
Municipal Utilities Department
10. Option to Renew.
There is no option to renew.
EXHIBIT 2
605
REV 2022-05-17
Exhibit B:
Insurance Requirements
(Chemicals)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage 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. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Contractors Pollution Liability applicable to the work being performed, 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.
EXHIBIT 2
606
REV 2022-05-17
Self -Insured Retentions
Self-insured retentions must be declared to and approved by the C ity 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 Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Othe
r Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:
1. The Ci
ty of Stockton , its officers, officials, employees, and volunteers are to be covered as additional insureds 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 both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, agents, 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 EXHIBIT 2
607
REV 2022-05-17
limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.
C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:
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 an extended period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions.
If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
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 EXHIBIT 2
608
REV 2022-05-17
covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII if admitted in the State of California.
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.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of subrogation which any insurer may acquire against City of Stockton, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents, and subcontractors.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must EXHIBIT 2
609
REV 2022-05-17
be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work .
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 2
610
(Rev. 10.30.18; Mod 05.08.23 RM)
EXHIBIT C
GENERAL
TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Inv
oices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon c
ompletion 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 2
611
(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 2
612
(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 2
613
(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 and
Hold Harmless. To the fullest extent permitted by law,
Contractor shall hold harmless,
defend and indemnify City of Stockton and
its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense,
costs (including without limitation costs and
fees of litigation) of
every nature arising out of or in connection with
Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained
in this agreement, except such loss or damage
which was caused by
the sole negligence or willful misconduct of the City
of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum
insurance obligations contained in this agreement.
These obligations shall survive the completion or termination of this agreement.
14. Insurance. Duri
ng the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this
Agreement and shall otherwise comply with the
other provisions
of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid,
addressed in Exhibit A to this Agreement.
16. Conformance to Applicable L
aws. 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 2
614
(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 2
615
(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 2
616
(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 2
617
1 (Rev. 4.18.22)
EXHIBIT D
GOODS AND SERVICES TERMS AND CONDITIONS
1. Definitions. Th e following words and phrases have the following meanings for purposes of this Agreement:
1.1 "
Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. T
he following terms and conditions are applicable for the purchase of goods and 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 W
here any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC , the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the S ervices, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other EXHIBIT 2
618
2 (Rev. 4.18.22)
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. Standard 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. Compensation
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 2
619
3 (Rev. 4.18.22)
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. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement , the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
7. Fi ndings Confidential
All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City . Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
8. Right of Inspection
All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contractor , the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.
9. W arranty
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conform to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or EXHIBIT 2
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advertised by Contractor or the actual manufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.
10. O wnership
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acceptance, Deliverable delivered by Contractor shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Contractor , or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.
11. A pplicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.
Deliverables must conform with all applicable federal, state, and local laws . Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
12. P revailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California Department of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.
CONTRACTOR REGISTRATION REQUIREMENTS - Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is EXHIBIT 2
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registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Department of Industrial Relations- Contractor Registration information and web link: https://www.dir.ca.gov/public-works/publicworks.html. In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.
Thi
s project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.
13. Shi
pping Terms
City shipment terms are F.O.B. Destination, Freight Prepaid and Added unless otherwise specified in the Agreement. Contractor shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Deliverables in the safest and most economical manner necessary to meet the delivery date specified in the Agreement .
Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all individual boxes with stock number and quantity and items with different stock numbers shall be boxed separately.
City reserves the right to refuse, at Contractor ’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.
14. Del iveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliv
erable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contractor liable for damages incurred due to the untimely delivery including, but not limited to, the additional costs resultant from City procuring substitute Deliverables elsewhere.
15. Pr ice and Quantities
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Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.
EXHIBIT 2
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EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $__376,85.63____ (hereafter the “not to exceed” amount ). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items : Only the reimbursable items identified in Exhibit A , C, and D ( Compensation), shall be compensated to the Contractor .
Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The C ity shall not pay a markup on any of the items listed in i, ii or iii .
Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost.
ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost.
iii. Travel expenses shall be reimbursed in accordance with the 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 2
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1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor ’s invoices previously submitted for acceptable work performed and approved.
1.5 Subcontractor Costs: 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 ___0___%.
2. T ask Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
Task Description Task Price
1 Citric Acid 50% $13.99
The above product is to be taxed at 7.75%.
3. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:
[email protected]
EXHIBIT 2
625
City of Stockton
Legislation Text
File #: 24-0363, Version: 1
APPROVE FINDINGS AND A MOTION TO EXTEND THE STANDARD AGREEMENT TERM WITH
COMCATE SOFTWARE LLC FOR PROFESSIONAL SERVICES
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings which support and justify an exception to the competitive bidding process;
2. Approve the option to renew the professional services Standard Agreement with Comcate Software LLC in the amount not to exceed $714,598.11 for the additional four (4) year term; and
3. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this motion.
Summary
The Stockton Police Department's Neighborhood Services Section (NSS) plays a crucial role in maintaining safety, health, and quality of life within the community. It ensures that buildings, structures, and properties comply with local regulations, building codes, and zoning ordinances.
The legacy computer system, AS400 (Central Square), used by staff as a case management and billing system for approximately 20-25 years is outdated, inefficient, and cumbersome. After an extensive review of available products, staff proceeded with an informal solicitation to replace AS400 and entered into a one (1) year Standard Agreement with Comcate Software, LLC, in the amount of $96,599 (Attachment A).
The NSS Project Team identified additional needed system enhancements to facilitate continued development of process improvements; therefore, staff recommends Council approve a motion to authorize the City Manager to execute a Standard Agreement Amendment (Attachment B) to the professional services Standard Agreement with Comcate Software, LLC, increasing the contract amount by $617,999.11 for a total amount not to exceed $714,598.11.
DISCUSSION
Background
AS400, NSS’s current case management software, is based on 1980’s technology. Over 390,000 cases were processed using this system from 1980 through December 31, 2023; however, the overall functionality of the software has not kept pace with the needs of staff or citizens. Staff are City of Stockton Printed on 5/8/2024Page 1 of 4
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utilizing over 21 different programs to complete their day-to-day work. Computerized functions we take for granted today, such as the ability to readily sort, select, or otherwise prepare information in a functional manner, is not an option. A task as simple as printing a report can require a multitude of steps and additional formatting to obtain the desired result. The learning curve for new and experienced staff is steep as many functions are buried within numbered lists or hidden completely.
A new code enforcement case management (tracking system) was needed to improve efficiency, inter-departmental coordination, as well as customer service to the citizens of the City of Stockton.
NSS researched a variety of software and found Comcate Software LLC to be the best option for the services Code Enforcement provides. In January of 2022, staff completed an informal solicitation and received three responses from the following vendors:
• Comcate Software, LCC; Oakland, CA
• Citizenserve; Tempe, AZ
• MyGov; Norman, OK
On May 16, 2023, NSS staff executed a Standard Agreement with Comcate Software LLC for $96,599.00. The original contract was to purchase code enforcement software, licenses, and provide professional services for NSS for a one (1) year term with the option to extend up to four (4) additional years; however, the total term of the Agreement, including the extended term shall not exceed five (5) years.
On January 2, 2024, staff began operating in Comcate’s production environment and has processed more than 1,000 code enforcement cases through the end of February 2024 during Phase 1 of the project.
Significant progress has been made since migrating over to Comcate from our legacy system, AS400. Many improvements have positively impacted efficiency with the system such as more user friendliness and service, increased efficiencies for staff, one click notice generation, built in fine/fee tracker, inspection and scheduling management, enhanced access to information, automated case management, tablet compatibility, GIS Server integration and enhanced supervisor workflow.
Present Situation
In obtaining partnership with Comcate LLC, NSS streamlined the case management process by creating and recording violations and case types by districts, sending and receiving automatic notifications between Code Enforcement Officers and support staff, and eliminating unnecessary trips to the office with cloud-based software designed to use in the field. Due to Comcate system’s central role in the Code Enforcement’s operations, additional enhancements to the system have become a necessary component of improvement. The additional requested enhancements are data driven and customer first improvements, which are essential in getting to the next steps of our process improvement goals.
On March 11, 2024, NSS received Comcate Software LLC’s scope of services for Phase 2 and associated price quote. The scope of services includes the following professional services that remain in line with NSS’s goal of becoming more effective and efficient:
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· Additional program build out for the Rental Property Program; · Citizen portal access with online payment and case maintenance options; · Integration with Accela;
· Graffiti tracker;
· Additional Financial Assessment Process
The requested Standard Agreement Amendment with Comcate Software LLC is for a multi annual hosted software license, software system support, and additional professional services. This multi- year contract will allow the continuation of the current code enforcement software service as well as build out additional enhancements, which are crucial to the overall operations of the section.
Table 1 - Year 1 Expenditures (May 2023-May 2024)
Expenditure Description FY 2023-24
Core Products - Implementation $34,368.00
Core Products - Annual License $27,231.00
Professional Services - Implementation $26,000.00
Professional Services - Annual License $ 9,000.00
PHASE I TOTAL PRICE $96,599.00
Table 2 - Investment Summary (May 2024-May 2028)
Expenditure Description Investment
25% Implementation + Core Products - FY 2023-24 $ 94,701.13 75% Implementation + Core Products - FY 2024-25 $224,735.79 Core Products/Professional Services - FY 2025-26 $ 94,706.48 Core Products/Professional Services - FY 2026-27 $ 99,441.81 Core Products/Professional Services FY 2027-28 $104,413.90 PHASE II TOTAL PRICE $617,999.11
Staff recommends Council approve a motion to authorize the City Manager to execute a Standard Agreement Amendment (Attachment B) to the professional services Standard Agreement with Comcate Software, LLC, increasing the contract amount by $617,999.11 for a total amount not to exceed $714,598.11.
Findings
Stockton Municipal Code section 3.68.070 provides an exception to the competitive bidding process in cases where the City Council has made findings that support and justify the exception. The findings are as follows:
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1. NSS has an existing Standard Agreement with the option to renew executed by the City Manager and is currently using the case management system;
2. NSS has vested time, energy, and funding with Comcate Software LLC, and it would be detrimental if the department had to proceed with a formal solicitation;
3. Continued partnership with Comcate Software LLC is the most cost-effective solution and is within the allotted budget for the project; and
4. Procurement recommends and approves the use of the exception to the competitive bidding process.
FINANCIAL SUMMARY
Budget for the initial 25% installment of $94,701 is included in the Fiscal Year 2023-24, Police Department’s General Fund Measure A account 3517-000-630006-100-115-20-35-000-000-. The second installment of 75% will be appropriated in FY 2024-25 in the same account. Future year expenditures (years 3 through 5) will be included in the annual budget appropriation process.
Attachment A - Standard Agreement
Attachment B - Standard Agreement Amendment
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CITY OF STOCKTON
STANDARD AGREEMENT Agreement Number:
Lf '2..3DOO(o0 b
1. This Agreement is entered into between the City of Stockton ("City") and Comcate Software Inc ("Contractor") to provide Code Enforcement Software and Professional Services as set forth in Exhibit A to this Agreement.
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
\ \ Commences on: � l (o Vfl?:> Terminates on: One (1) year from the date of commencement
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $196,599 I
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A - Statement of Work
(b) Exhibit B - Insurance
(c) Exhibit C - General Terms & Conditions
(d) Exhibit D - Professional Services Special Terms & Conditions (e) Exhibit E - Compensation Schedule
(f) Exhibit F - Timeline
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
Comcate Software Inc
Contractor's Name (if other than an individual, state whether a corporation, partnership, etc.):
D��nd, ______________________________ 5/4/2023 __
Authorized Signature Date
David Richmond, President
Printed Name and Title of Person Signing
9450 SW Gemini Drive Suite 61173, Beaverton, Or 97008-7105 Address
CITY OF STOCKTON
� Eliza R. Garz
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
1 (Rev. 10.27.22)
..r:..
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0 0
6"'
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ATTACHMENT A
630
1. 2.
3. Project Objectives
EXHIBIT A
STATEMENT OF WORK
1.1 The project objective is to procure new software technology and licenses to implement cloud-based Code Enforcement Manager and receive project management support for use by the City of Stockton Police Department Neighborhood Services Section (NSS) to replace the existing Central Square Code Enforcement Module as defined in 3.1.
Project Scope
2.1 The contractor shall assign a dedicated Project Team (project manager, technical lead, experienced trainer, and executive sponsor) to implement and guide the City through data migration with direct phone and email access and full-time customer support.
2.1.1 Migration of all open Code Enforcement cases, and professional services to include on-site training sessions, integrations with 3rd party cloud applications, and custom web development prior to Go Live.
Major Deliverables
3.1 Description of Software (defined as the "Technology") Deliverables
3.1.1 Code Enforcement Manager was designed with the guidance of Code Enforcement Officers, Supervisors, and Department Heads. It empowers Code Enforcement Officers and Agency Staff, by giving them a solution that is simple to use, easy to implement, configurable, accessible, and affordable.
HIGHLIGHTS
• Automate case management
• Access, track and manage municipal code violations
• Tablet Compatible
• Attach photos and videos
• Schedule follow-ups and receive automatic reminders
• Track violations by parcel
• Print reports and notices automatically
3.1.2 GIS Enterprise: Enables integration with GIS server data to provide map-based visualization, address verification for cases, and tabular reports of activity by neighborhood. Property attributes such as ownership information and Community Development Block Grant (CDBG) eligibility are 1 (Rev. 10.30.18)
ATTACHMENT A
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automatically populated, while map layers can be applied to display location-specific information such as zoning and council district.
3.1.3 Fee Tracker: Ability for users to track fines and payments in Comcate and provide reports on amounts invoiced, outstanding, and collected over designated time periods.
3.1.4 Data Migration:
1. Migration of all open Code Enforcement cases prior to going to live.
3.1.5 Single-Sign On (SSO): Comcate uses Okta to support authentication of users when attempting to log in to Comcate's web applications. Comcate will support integration with Comcate/Okta and the City's identity provider (ldP), Microsoft AD Azure, for the authentication of users.
3.1.6 On-Site Training: On-site training at Police Department headquarters for two (2) consecutive days with Comcate Trainer. Role based training sessions will be held for front-line staff, Supervisors, Department Heads, IT, and other key personnel as needed.
3.1.7 Comcate Professional Services: (See Appendix A for specific details} Contractor professional services include on-site training, data migrations, integrations with 3rd party cloud applications and custom web development services. Comcate Professional Services are managed by a dedicated team of professionals that have expertise and experience helping hundreds of public agencies across the country solve unique business challenges through technology.
Contractor shall work with the City to define business needs for any professional services.
Post engagement, City staff will be assigned a professional services team and will work with that team collaboratively to refine the scope.
Upon executing an agreement for services, the contractor shall prioritize any required Product Management and Software Engineering work on their internal Product Roadmap and shall execute work in the order it was received and prioritized.
The timeline to deliver professional services shall be within the initial contract year.
All professional services included here within are targeted for completion prior to the agency Go Live event.
2 (Rev. 10.30.18)
ATTACHMENT A
632
4. Tasks That Support the Deliverables
4.1 Major Implementation Tasks
Major Tasks Sub Tasks
Pre-project Needs Assessment - Meet with City to clarify and confirm integrations, customizations and phases of
the project
Execute Agreement - Receive signed agreement
Initial Call and Identification of - Review implementation process Project Lead with the City - Identify project team
- Schedule kick-off meetinQ
Kick-Off Meeting - Comcate introduction
- Review project scope and timeline
- Demo application to implementation team
- Prepare for needs assessments
Needs Assessment - Review City staff workflow
- Propose implementation configuration
Product configurations - Identification of configuration data - Customization of notices and/or templates
- Review and siQn off of configuration data
Site Acceptance - Acceptance framework presented to City in (User Acceptance Testing) checklist format
- Training and ongoing support provided to
UAT stakeholders to assist in process
- Debriefing with project team after initial UAT
is completed to review feedback
- Iterative UAT cycles until fullsign off is
submitted by City project team
Trainings for Code Enforcement - Role based training: power submitter, case managers, agency heads, agency manager
- Role based traininQ for City front-line staff
Soft Launch! - Go Live!
Follow up Training - Separate follow up training sessions Project Wrap Up - Debriefing with project lead, NSS manager and other appropriate participants
* Contractor shall complete the implementation and go live with basic implementation within a few months after signing the contract.
3 (Rev. 10.30.18)
ATTACHMENT A
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4.1.1 Implementation Approach
Contractor shall provide a dedicated project team assigned to implementation:
1. Contractors project team includes a dedicated project manager, technical lead, experienced trainer, and executive sponsor.
2. Professional Services and Custom Work is led by a Professional Services Manager to document goals, get sign-off and manage delivery.
Contractor shall provide a detailed and precise process:
1. Contractor shall start with a kickoff meeting and align on the project plan to clarify goals, milestones, timelines, stakeholders, and identify potential risks and strategies to mitigate risk. These internal communications and process reviews guarantee a positive, transparent implementation process from start to finish across all departments and stakeholders.
Contractor shall provide a professional project team:
1. Contractors professional project team members will guide the City throughout the implementation process and remove
roadblocks.
2. Contractor shall provide a dedicated technical resource to assist IT Stakeholders and 3rd Party integration Partners to move specific aspects of the implementation process forward.
4.1.2 Contractor/City Responsibilities for Implementation Contractor Technolo Provider Ci of Stockton
Development/Maintenance of
im lementation ro·ect Ian
Recruitment and assembly of contractor
project team/personnel required to
produce deliverables according to
ro·ect Ian
Schedule and coordinate agendas for all
project meetings
Management of deliverables according
to project plan
Lead and manage the contractors
ro·ect team/ ersonnel
Assignment of tasks to contractor and
Cit ro·ect team members
Provide regular updates to City project
team
(Rev. 10.30.18)
4 Review and sign-off of project plan
rovided b contractor
Recruitment and assembly of City
project team/personnel required to
produce deliverables according to
ro·ect Ian
Attendance of weekly project meetings
and one-off project meetings, as
re uired
Internal coordination required to provide
contractor the data needed to configure
deliverables accordin to ro·ect Ian
Lead and manage the City's project
team/ ersonnel
Completion of tasks assigned to City
ro·ect team members
Provide regular updates to City
stakeholders, such as IT Staff or
Executives
ATTACHMENT A
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5. 6.
4.2 Initial Configuration
4.2.1 Contractor shall design "initial configurations" of Technology, which can be accomplished through Setup tabs, including such items as violations, municipal codes, employee accounts, and logos. Initial configurations are deemed completed as of the first day Technology is accessible by the City.
Training
5.1 Contractor shall provide routine technical support training with respect to the use of Technology.
5.2 Contractors training goal is to have City staff users up and running on the application during their initial training session.
5.3 Training sessions shall be organized and completed in less than an hour, starting with an introduction about the contractor, the application and project background, reason for the implementation, identify any internal breakdowns, and management concerns.
5.4 Contractor shall provide a brief product demonstration, which shall provide background to move into the primary, usage-based part of the training.
5.5 City staff shall begin using the application, log-in, create and manage cases, assign tasks, and perform activities that are appropriate for their role.
5.6 Contractor shall provide each attendee with a personalized user summary (cheat sheet), which they can refer to at their workstations. This includes all information needed to access the application, obtain answers to common questions, and contact contractor's customer support, if necessary.
5.7 After training, the contractors' project manager shall monitor and track the cases to ensure all city staff users are comfortable with the application and that the City is ready to Go Live.
5.8 Post-implementation training sessions are included to allow City staff users to ask specific questions after they have had the opportunity to work with the application.
Ongoing Support and Services
6.1 During implementation City staff will be introduced to several members of contractors experienced and capable in-house customer support staff. 5 (Rev. 10.30.18)
ATTACHMENT A
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6.2 Contractors support service hours are as follows:
6.2.1 Customer service technicians operate during normal business hours from 8:00 am to 5:00pm PST, Monday through Friday.
6.2.2 Contractors team is available during business hours via email and phone and shall respond to all City issues within 4 to 6 hours.
6.2.3 All support services shall be provided during contractors' normal business hours telephonically, via e-mail or via web conference connection. Contractor shall provide "help pages" to assist the City utilize Technology.
6.2.4 Contractor shall provide routine maintenance, troubleshooting and repairs as are necessary to ensure City's access to Technology and the City's data.
6.2.5 Except to the extent that upgrades of Technology include new modules or features not previously offered as part of Technology as of the date hereof, City is entitled to maintenance upgrades of Technology within the cost of the Agreement.
6.3 Contractor shall uphold the following performance standards and response times in the Service Level Table in order to be considered in compliance with its contract:
Comcate shall make arrangements for the technology to be accessible by the Agency's staff and public users 99.8% of the time, not counting scheduled maintenance for users of Comcate's ASP service.
Service Level Table
Level Description Response Time Means of Contact
First Software System Response within 3 Telephone, email, Inoperable hours pager/mobile phone
Second Significant operating Response within 6 Telephone, e-mail issues but application hours
still operating
Third Application not Response within Telephone, e-mail functioning as designed 18 hours
but still operating
successfully
Fourth Non-critical problems These issues will Telephone, e-mail for which a solution is be addressed as
available and part of the product
communicated by development cycle
contractor support
6 (Rev. 10.30.18)
ATTACHMENT A
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Support includes the following:
1) Trouble-shooting at contractors facilities
2) Establishment of an FAQ for City staff users
3) On-line help windows
Examples of on-line help windows can be provided upon request.
7. Criteria of Acceptance for Deliverables
7.1 The City will formally approve Technology deliverables using a checklist similar to the one listed in Exhibit A.
8. Notices
9. Pursuant to Exhibit C - General Terms and Conditions, Paragraph 15 - Notices, the mailing address for all required notices is as follows:
Contractor: Comcate Software, Inc.
9450 SW Gemini Drive
Suite 61173
City: City of Stockton
Attn: City Manager
425 North El Dorado Street
Stockton, CA 95202 Beaverton, Or 97008-7105
Key Personnel
Implementation Team:
David Richmond
President/CEO
Executive Sponsor
Bob Stiles
Chief Technology Officer
Executive Sponsor
Kolten Keeney
Vice President, Growth
Executive Sponsor
Josh Volpert
Senior Engineering Manager
Technical Lead
Curtis Kadohama
Product Manager
Professional Services Lead
Paige Nash
Senior Customer Success Manager
Project Lead
Executive Contact Info
Kolten Keeney Phone: 415-632-1482
Executive Sponsor: [email protected]
10. Option to Renew.
The term of the Agreement may be extended up to 4 additional years by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed five (5) years. 7 (Rev. 10.30.18)
ATTACHMENT A
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CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT
This Amendment Number ___1______ (insert amendment #) to the above referenced Agreement is entered into on 5/16/2024: between the City of Stockton (“City”) and Comcate Software Inc “Contractor”.
RECITALS
Exhibit C General Terms and Conditions, Paragraph 7 Changes, states the City may modify the scope of services and any material extension or change in the scope shall be memorialized in a written amendment prior to the performance of additional work; and
Exhibit C General Terms and Conditions, Paragraph 8 Amendment, states no variation of the terms of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and Exhibit A, Option to Renew, states both Parties may extend this Agreement up to _four (4) additional years____, however, the total term of the Agreement including the extended term shall not exceed _five (5)_ years and The City needs to renew the term specified in Paragraph 2 of the Standard Agreement to extend this Agreement, add renew Phase 1 annual licenses, add Phase 2 products, services, and license fees per attached proposal , and increase the compensation to the contract; and
The City needs to increase the Compensation, Not to Exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, by $ 617,999.11 to pay for the Contractor for phase 2 of services per attached proposal; and
Now therefore, the City and the Contractor mutually agree as follows:
1.The termination date in Paragraph 2 of the Standard Agreement is amended to: May 16, 2028;
2.The maximum not to exceed amount to be paid to the Contractor, including if authorized, reimbursement of expenses, in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, will now read as follows:
1.1 “T
he maximum the Contractor shall be paid on this Agreement is $ 714,598.11 (hereafter the “not to exceed” amount). The “not to exceed” amount includes City approved reimbursable expenses, if any, and all payments to be made pursuant to this Agreement’s sum for the initial term and extended term. 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.
Initial Term the maximum not to exceed amount is $96,599.00 Extend ed Term the maximum not to exceed amount is $ 617,999.11 Total maximum compensation to be paid to the Contractor under this Agreement for the initial term and the extended term shall not exceed $714,498.11
3. Additional services, as per attached proposal
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
IN WI
TNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
___Comc
ate Software Inc________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
_______________
______________________________________________________________________________ Authorized Signature Date
___Dave R
ichmond, President____________________________________________________________________ Printed Name and Title of Person Signing
Agreement Number: Amendment
Number:
423000606 1
04/03/2024
ATTACHMENT B
666
2 (Rev. 03.21.22)
___9450 S
W Gemini Drive, Suite 61173, Beaverton, OR 97008-7105_____________________________________ Address
CITY OF STOCKTON
____________
_________________________________________________________________________________ Harry Black, City Manager Date
ATTEST
:
____________
_________________________________________________________________________________ Eliza R. Garza CMC, City Clerk
APPROVED
AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
ATTACHMENT B
667
City of Stockton
Legislation Text
File #: 24-0379, Version: 2
ADOPT RESOLUTION TO AUTHORIZE THE MIRACLE MILE PARKING LOTS RESURFACING
PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve Notice of Exemption No. NOE16-24 under the California Environmental Quality Act for the Miracle Mile Parking Lots Resurfacing, Project No. WC21021.
2. Approve the plans and specifications for the Miracle Mile Parking Lots Resurfacing, Project No. WC21021.
3. Award a Construction Contract in the amount of $168,090 to Consolidated Engineering, Inc. of Valley Springs, CA, for the Miracle Mile Parking Lots Resurfacing, Project No. WC21021.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The project will resurface parking lots A and C within the Miracle Mile area, remove and replace curbs, gutters, sidewalks, driveways, and parking signage, and install striping (Attachment A). The project was included in the 2021-26 Five-Year Capital Improvement Plan (CIP).
On March 28, 2024, the City received 10 bids for this project. Staff recommends Council award a Construction Contract to the lowest responsive bidder, Consolidated Engineering, Inc., in the amount of $168,090. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE16-24 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin in Summer 2024 and be completed by Fall 2024, weather permitting.
DISCUSSION
Background
The Miracle Mile is predominantly a shopping and dining district within the City of Stockton. The Miracle Mile includes businesses fronting along Pacific Avenue from Alpine Avenue to Harding Way and along Harding Way between El Dorado Street and Lincoln Street. The Miracle Mile Parking Lots Resurfacing project was included in the 2021-26 Five-Year CIP.
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File #: 24-0379, Version: 2
The two parking lots, A and C, within the Miracle Mile, have deteriorated and are in need of pavement improvements. These lots are provided to support commercial businesses along the Miracle Mile.
The Miracle Mile Parking Lots Resurfacing project will resurface parking lots A and C located along the Miracle Mile. The project scope also includes removal and reconstruction of failed curbs, gutters, sidewalk segments, and driveways, preservation of all existing survey monuments, installation of new pavement markers and striping, adjustment of existing utilities to pavement finished grade, and installation of parking signage (Attachment A).
On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was not applied to this project because the estimated construction is less than $1 million.
Present Situation
On March 7, 2024, the Miracle Mile Parking Lots Resurfacing, Project No. WC21021, was advertised for bids. On March 28, 2024, 10 bids were received with the following results:
COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
Consolidated Engineering, Inc. $168,090.00 $168,090.00
(Valley Springs, CA)
RNR Paving, Inc. $172,403.55 $172,403.55
(San Ramon, CA)
Robert Burns Construction, Inc. $191,576.75 $187,745.22 (Stockton, CA)
United Pavement Maintenance, Inc. $190,068.00 $190,068.00 (Hughson, CA)
Martin General Engineering, Inc. $197,945.00 $197,945.00 (Rancho Cordova, CA)
B&M Builders, Inc. $216,745.00 $216,745.00
(Rancho Cordova, CA)
Zara Construction, Inc. $220,400.00 $220,400.00
(Sacramento, CA)
Tom Mayo Construction, Inc. $226,800.00 $222,264.00
(Stockton, CA)
McFadden Construction, Inc. $247,085.00 $242,143.30
(Stockton, CA)
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File #: 24-0379, Version: 2
Make It Happen Engineering, Inc. $252,000.00 $252,000.00 (Concord, CA)
Engineer’s Estimate $242,225.00
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Robert Burns Construction, Inc., Tom Mayo Construction, Inc., and McFadden Construction, Inc. are located within the San Joaquin County limits and are entitled to a two percent bid preference. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this project.
The bid from Consolidated Engineering, Inc., the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. Staff recommends Council approve the plans and specifications and award a Construction Contract to Consolidated Engineering, Inc. of Valley Springs, CA, in the amount of $168,090.
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. As a result, the project has been granted a Categorical Exemption. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE16-24 under CEQA. Construction is anticipated to begin in Summer 2024 and be completed by Fall 2024, weather permitting.
FINANCIAL SUMMARY
There is sufficient funding in the Miracle Mile Parking Lots Resurfacing, Project No. WC21021, to award a Construction Contract to Consolidated Engineering, Inc. in the amount of $168,090.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - Vicinity Map
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YOSEMITELAKE
S C C
ST
KENSINGTON WY
EDISON ST
YOSEMITE ST
CLEVELAND
BROOKSIDE RD
BAXTER WALKWAY
MENDOCINO
N TUXEDO
STADIUM
NOBLE ST
GROVE
EUCLID AV
S REGENT
LA
KESIDE
AV
N CENTRAL
BONNIE
PL
WY
ARGONAUT ALDER
CENTER ST
MONTEREY AV
HARDING WY
N C C
AV
SONOMA AV
ST
WILLOW ST
AV
VAN BUREN ST
PACIFIC AV
FULTON ST
HUNTER ST
AV
OXFORD WY
BEVERLY
ELMWOOD
CONCORD
WALNUT
WY
ESSEX ST
ALPINE AV
BEDFORD
DWIGHT WY
COMMERCE ST
BONNIE LNARCADE ST
PINE ST
ST
EL DORADO
AV
ST
COMMERCE
MADISON ST
ST
WY
STOCKTON ST
HAMPTON
PACIFIC
CI
BRISTOL AV
WOOD LN
CT
ORANGE
WALNUT
HUNTER ST
LINCOLN ST
KENSINGTON
AV
AV
AMERICAN ST
ATLEE ST
RAMONA AV
DAVE BRUBECK WY
ST
KNOLES
ORANGE ST
ST
MANCHESTER
ST
MARIPOSA AV
DR
AV
STAGG WY
STOCKTON ST
RD
WALKWAY
HAWTHORNE
WILLOW ST
ELM ST
OXFORD
STANISLAUS ST
PACIFIC AV
LEXINGTON
BL
VERNAL
WY
ADAMS ST
WY
EL DORADO ST
S CENTRAL
DWIGHT WY
ST
AV
CRAFTON
PRESIDENTS DR
DAVE BRUEBECK WY (PVT)
S TUXEDO AV
ELIZABETH
ELM ST
C
I
LOMITA AV
ST
MENDOCINO AV
SAN JOSE
ELLIS ST
PINE ST
HARRISON ST
MONROE ST
SUTTER ST
SONOMA AV
CALIF.
AV
BLAINE
ST
ST
BAKER ST
NOBLE ST
SAN JOSE ST
NORTH SERVICE
CT
WESTMINSTER AV
LN
ATCHLEY
ST
CENTER ST
ST
CLARENDON
BARRYMORE ST
WYANDOTTE
MARIPOSA
CASTLE ST
AV
CARMEL AV
ALPINE AV
ST
MCKENZIE ST
S TUXEDO
DWIGHT
HUNTER ST
AV
GEARY
RUDKIN WY
EUCLID
ATLEE ST
CT
SOUTH SERVICE
ST
WY
AV
BL
SAN JOAQUIN ST
ALLSTON WY
ATLEE ST
MAPLE
VINE ST
AV
EUCLID
VINE ST
MONTEREY AV
N REGENT
CHAPEL LN
SUTTER
KNOLES
YOSEMITE ST
AV
ST
SPERRY
WY
PARKING LOT C
µ
0 0.1 0.2 0.3 0.40.05
Miles
LEGEND
( Project Limit
Miracle Mile Parking Lots Resurfacing,
Project No. WC21021
CITY OF STOCKTON
DEPARTMENT OF PUBLIC WORKS
PARKING LOT A
ATTACHMENT A
671
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AP PROVING THE NOTICE OF EXEMPTION NO. NOE16-24,
APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A
CONSTRUCTION CONTRACT FOR THE MIRACLE MILE PARKING LOTS RESURFACING, PROJECT NO. WC21021
On March 28, 2024, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Miracle Mile Parking Lots Resurfacing, Project No. WC21021; and
The project will resurface parking lots A and C within the Miracle Mile area, remove and replace curbs, gutters, sidewalks, driveways, and parking signage, and install striping; and
Consolidated Engineering, Inc. is the lowest responsive bidder in the amount of $168,090 and its bid is regular in all respects; and
The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under s ection 15301 (c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the filing of Notice of Exemption No. NOE16-24 under the CEQA for the Miracle Mile Parking Lots Resurfacing, Project No. WC21021, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The City Council approves the plans and specifications for the Miracle Mile Parking Lots Resurfacing, Project No. WC21021.
3. The City Council awards a Construction Contract between the City of Stockton and Consolidated Engineering, Inc. in the amount of $168,090, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
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672
4. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED May 14, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
673
EXHIBIT 1
674
CONSTRUCTIO
N CONTRACT
This cont
ract is made and entered into on _____________, by and between CONSOLIDATED ENGINEERING, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at P.O. BOX 701 VALLEY SPRINGS, CA 95252 , hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S
S E T H:
WHEREA
S, plans and specifications for the construction of MIRACLE MILE PARKING LOTS RESURFACING (PROJECT NO. WC21021 ), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. _________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. _________________, on ________________.
NOW, THERE
FORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. _________________. The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools , and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $168,090.00, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7- 1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
EXHIBIT 2
675
It shal
l be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum i nsurance coverage requirements and/or limits shall be available to the Additional Insured.
Further
more, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any i nsurance policy or proceeds available to the named Insured; whichever is greater.
The Addi
tional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.
The lim
its of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess i nsurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self - insurance shall be called upon to protect it as a named insured.
All self-i
nsured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Polic
ies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The CITY r
eserves the right to obtain a full certified copy of any i nsurance policy and endorsements.
Failur
e to exercise this right shall not constitute a waiver of right to exercise later.
CONTRACT
OR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
CONTRACT
OR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.
Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of EXHIBIT 2
676
insuranc
e and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.
4. INDE
MNITY AND HOLD HARMLESS. To the fulles t extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
5. STAN
DARD PLANS AND SPE CIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-
1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, b y Council Resolution No. 2016- 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Dir
ector
of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.
6. WORKI
NG DAYS. This wor k shall be diligently prosecuted to completion before the expiration of 20 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is th erefore agreed that CONTRACTOR will pay to CITY the sum of THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($3,600.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It is
further
agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, EXHIBIT 2
677
assigns
or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A work
ing day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works , inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CO
NTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately, and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONFO
RMANCE TO APPLICABLE LAWS. Contractor sh all comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE V
I
Titl
e 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)
https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil-rights- act-of-1964.
The Cit
y of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIM
INATION AND HARASSMENT POLICY
EXHIBIT 2
678
The Cit
y of Stockton has a Discrimination and Harassment Policy Exhibit C. The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR
STANDARDS PROVISIONS/CALIFORNIA LABOR COD E
The bidder
shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILI
NG WAGE
CONT
RACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsi bility to e nsure that the prevailing wage rates of concern is current and paid to the employee.
i. The C
ONTRACTOR performing the work shall be responsible for
obtaining a copy of the State wage rate determination. State wage rates may be obtained at https://www.dir.ca.gov/Public- Works/Prevailing-Wage.html. The CONTRACTOR shall be
responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should t
he CON
TRACTOR choose to work on a Saturday, Sunday or
on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directl y chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform EXHIBIT 2
679
stric
tly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY -FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CO
NTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Complianc e Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CON
TRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL
EMPLOYMENT ORDINANCE
Pursua
nt to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section
3.68.095.
f. SANCTI
ONS
Deliv
erables 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 2
680
CITY
agrees:
8. COMP
ENSATION. To pay CONTRA CTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefor e; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.
9. SECUR
ITIES. Pur suant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of depos it.
CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10. CHANGE O
RDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
Any suc
h chang
es will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order wi ll not become effective until approved by the City Manager and/or the City Council.
Proces
sing of change orders shall be in accordance with Section 4- 1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4- 1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11. AUDITS. C
ITY res erves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
EXHIBIT 2
681
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement.
CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.
12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.
ATTEST:
ELIZA R. GARZA
CITY CLERK
By: ____________ _
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:-------------
DEPUTY CITY ATTORNEY
CITY:
By: ____________ _
HARRY BLACK
CITY MANAGER
By:
CONSOLIDATED ENGINEERING, INC.
0-o<tJO(o� I
Tax Identification No.
Local Construction Contract- CONSOLIDATED ENGINEERING, INC. - PROJECT NO. WC21021 (Updated 10/18/23)
EXHIBIT 2
682
MIRACLE MILE PARKING
LOTS RESURFACING
PROJECT NO. WC21021
BIDDING SCHEDULE
Each bidder shall bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive.
Item Description Unit Quantity Unit price Total Price
1 Mobilization 1 1..,'-{ OO(:) t9.-0<X:>
--
LS
2 Traffic Control LS 1 (,LOO l "L6C
3 Temporary Erosion Control LS 1 "2.,�0C:::>
0-
7. &-bC>
4 Cold Plane (2") SY 2,300 � .C:.f S"' \�-4g�-
5 Hot Mix Asphalt (Type A) TON 285 ''70 Lt _g '-tS-0
Pavement Repair (6 Inches Deep Lift - --6 Removed Saturated Material and SY 75 l c, ·2. 7 L. 5"0 Recompact AB)
Parking Lot Striping (Includes Curb LS 1 3oc:,o ··-7 Paint) sCC'.)O � -z.ao 8 Survey Monument Restoration EA 2 '3100
9 Adjust Drain Inlets to Grade EA 8 ·, .;;o G,.C:C:0
·-
Concrete Driveway Apron Removal
sfst5D -10 and Replacement up to 8" depth (All SF 1,090 ''3 5" Work Complete in Place)
Concrete Sidewalk Removal &
11 Replacement (All Work Complete in- SF -250 �� ��00'- Place)
Vertical Curb and Gutter Removal &
12 Replacement (All Work Complete in- LF 65 (07 &,er S"'r1- Place)
EXHIBIT 2
EXHIBIT A
_________
683
$168,090.00
EXHIBIT 2
EXHIBIT A
684
LIST OF SUBCONTRACTORS
GENERAL CONTRACTOR: Consolidated Engineering Inc.
PROJECT: Miracle Mile Parking Lots
PLEASE LIST BELOW ALL SUBCONTRACTORS CONTRIBUTING TO THIS WORK Each bidder shall give the name, business address, license number, description of the work, and the dollar amount to be PAID the subcontractor, for each subcontractor that will be used on the project, if the Bidder is awarded the contract. Only subcontractors with work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid need to be listed. All work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid, for which a subcontractor is not listed on this form, shall be performed by the Bidder's own organization.
Additional numbered pages listing proposed subcontractors may be attached to this page. Each page shall be headed "Proposed Subcontractors" and shall be signed by the Bidder.
BUSINESS
NAME/ADDRESS
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in,�zc;;, v<-1A'-I ,-.e...u �,".)
.. .- r , � -
� ......... .__,.__,e-,� --:::
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�'"F�f g: .J
SA� {2_y.:\Vl,IIC)l'..J
--,-, '-fCf �87
P.a. 0 -✓A,.__,C?uA e..,"-:)
s-so �l)..E-t�.J t L.i...C
l,. I Vt. t1 MC ,l£. "'f 'tS:Sc
PRINT LEGIBLY OR TYPE
LICENSE
NUMBER &
LICENSE
CLASSIFICATION
�5"', 3'to
A
·, "'.,,, v�-- l
...--A --
<is '61'03 Z
,A
DEPT. OF
INDUSTRIAL
RELATIONS
REGISTRATION
NUMBER
l <>cooo 2<:t£"Z
l CC::C,l;j.:l,-'1�..:2-
\ 6ca:::o� 5
TYPE OF WORK
& iZ. 1 l'-> p' •'-'""
�-c,;:;c� �== £:: --- �
L.c,/JL.eL, t,_
AMOUNT
H�-c:,o -
'1� ex 8, =: �
"'2.C-, 0� ·-
EXHIBIT 2
EXHIBIT A
685
REV 2022-05-17
Exhibit B:
Insurance Requirements for Construction Contracts
(WC21021)
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety Bonds as described below.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by EXHIBIT 2
EXHIBIT B
686
REV 2022-05-17
either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
EXHIBIT 2
EXHIBIT B
687
REV 2022-05-17
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this EXHIBIT 2
EXHIBIT B
688
REV 2022-05-17
waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate EXHIBIT 2
EXHIBIT B
689
REV 2022-05-17
Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 2
EXHIBIT B
690
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.
II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.
All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.
C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.
D. All City employees and non-employees share a responsibility to assist in EXHIBIT 2
EXHIBIT C
EXHIBIT C
691
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.
E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up to and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.
F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.
G. The City of Stockton prohibits retaliation against any employee or non employee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.
H. This policy applies to all officials, employees, volunteers, unpaid interns, agents, or contractors of the City.
I. This policy shall be administered by the Director of Human Resources.
EXHIBIT 2
EXHIBIT C
EXHIBIT C
692
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:
1. Soliciting applications from a source where all or most of potential workers are of the same race or color.
2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and
3. Questioning a job applicant about the existence, nature and severity of a disability.
B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3) EXHIBIT 2
EXHIBIT C
EXHIBIT C
693
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.
Harassment may take many forms, including, but not limited to, the following examples:
1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
2. Physical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made a term or condition of employment; or
2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
EXHIBIT 2
EXHIBIT C
EXHIBIT C
694
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93
3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.
Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Making or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.
EXHIBIT 2
EXHIBIT C
EXHIBIT C
695
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date:
HARASSMENT POLICY
Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.
D. Affordable Care Act (ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:
1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;
2. Reports potential violations of protections afforded under Title I of the Act, which provides guaranteed availability protections among other things;
3. Testifies in a proceeding concerning such violation;
4. Assists or participates in a proceeding concerning a violation; or
5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.
An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.
IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any EXHIBIT 2
EXHIBIT C
EXHIBIT C
696
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.
1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and non employees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or EXHIBIT 2
EXHIBIT C
EXHIBIT C
697
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.
If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge shall be taken.
2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or non employee to cease the conduct.
EXHIBIT 2
EXHIBIT C
EXHIBIT C
698
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From:
HARASSMENT POLICY
Effective Date:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.
B. Confidentiality. The City will make every effort to protect the privacy and confidentiality of all parties involved, as well as any information and/or documentation obtained, to the extent possible consistent with a thorough investigation.
C. Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.
V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is EXHIBIT 2
EXHIBIT C
EXHIBIT C
699
Subject:
B.
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.
Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:
1. Identify and preserve the evidence.
2. Confirm the name and position of the complainant. Interview the complainant.
3. Allow the complainant the opportunity to place the complaint in writing.
4. Obtain the identity of the alleged harasser(s).
5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and witnesses (if applicable).
6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).
7. Ascertain if any threats or promises were made in connection with the alleged harassment.
8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).
9. Ascertain whether the complainant has spoken to anyone, especially EXHIBIT 2
EXHIBIT C
EXHIBIT C
700
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 11 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.
10. Ascertain what resolution would be acceptable to the complainant.
11. Interview the alleged harasser to get his or her side of the story, including any possible motivation for a false allegation.
12. Interview witnesses who were identified by the complainant regarding the alleged harasser or other persons identified during the investigation.
13. Interview witnesses who were identified by the alleged harasser or other persons identified during the investigation.
14. Advise all participants that the investigation is "confidential" and not to engage in any retaliatory conduct, as such conduct is subject to disciplinary action up to and including discharge. Confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.
15. Conduct follow-up interviews, if warranted.
16. Prepare report of findings and discuss with management and designated legal staff.
VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall EXHIBIT 2
EXHIBIT C
EXHIBIT C
701
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.
B. If either the department head or the Director of Human Resources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.
C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consulting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.
D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged to have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determination as to whether the complaint is:
1. Unsustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).
2. Unfounded: The investigation proved that the act(s) or omission(s) EXHIBIT 2
EXHIBIT C
EXHIBIT C
702
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
3. 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.
Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.
E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.
F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.
VII. DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.
VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these EXHIBIT 2
EXHIBIT C
EXHIBIT C
703
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 14 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.
IX. COMMUNICATION OF POLICY
This policy shall be provided to all managers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.
APPROVED:
c:r��SON
CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1
EXHIBIT 2
EXHIBIT C
EXHIBIT C
704
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
Bond #7461621
Premium $3,521.00
That we, CONSOLIDATED ENGINEERING, INC., a STATE OF CALIFORNIA CORPORATION, as Principal and Old Republic Surety Company _______ , a corporation, organized and existing under the laws of the State of _W_ i_sc_o_ns_in ____ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of ONE HUNDRED SIXTY-EIGHT THOUSAND NINETY DOLLARS AND 00/100 DOLLARS ($168,090.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:
MIRACLE MILE PARKING LOTS RESURFACING
(PROJECT NO. WC21021)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, EXHIBIT 2
705
and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on __ A
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APPROVED AS TO SURETY:
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:----------
DEPUTY CITY ATTORNEY
8 :
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PRINCIPAL
Old Republic Surety Company
SURETY
By: r;JuJJpu; duuiiJ Stephanie Agapoff
ATTORNEY-IN-FACT
EXHIBIT 2
706
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sacramento
On 04 Ila 1-zy before me, Tina S. Salas, Notary Public
(insert name and title of the officer)
personally appeared Stephanie Agapoff
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
eeeeoeooiTINA S. SALAS
Notary Public • California z Sacramento County �
Commission !f 2409815 -
My Comm. Expires Jul 4, 2026
EXHIBIT 2
707
'**** * *
! OLD REPUBLIC SURETY COMPANY
***** POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint:
David Weise, Nicole S. Moon, Catherine A. Pinney, Stacy M. Clinton, Stephanie Agapoff of Rancho Cordova, CA its true and lawful Attorney(sHn-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, selMnsurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president. in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company {i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or
{ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 12th day of January 2023
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OLD REPUBLIC SURETY COMPANY
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President
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
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On this 12th day of January 2023 , personally came before me, Alan PavHc and Karen J Haffner , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers _of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such �fficers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
My Commission Expires: September 28, 2026
CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force.
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USI CA Insurance Services LLC
Signed and sealed at the City of Brookfield, WI this __ 1_o_t_h __ day of ___ A...cp_r_i_l --- 2024 ----�� �----
EXHIBIT 2
708
BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
Bond #7461621
Premium included in
Performance Bond
That we, CONSOLIDATED ENGINEERING, INC., a STATE OF CALIFORNIA, as Principal and Old Republic Surety Company
under the laws of the State of Wisconsin
, corporation, organized and existing
and duly authorized to transact
business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of ONE HUNDRED SIXTY-EIGHT THOUSAND NINETY DOLLARS AND 00/100 DOLLARS ($168,090.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:
MIRACLE MILE PARKING LOTS RESURFACING
(PROJECT NO. WC21021)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on
EXHIBIT 2
709
this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on ___ .:....:As::..:.Pr....:..:il--=lc.=.0,.._;, 2::..::0:.::2c....:.4 _________ __:.
APPROVED AS TO SURETY:
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:-----------
DEPUTY CITY ATTORNEY
Consolidated Engineering, Inc
B
y
: �PAL
Old Republic Surety Company
SURETY
By: �tlllUilYmuJ Stephanie Agapoff
ATTORNEY-I -FACT
EXHIBIT 2
710
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sacramento
On DYi 10 l2y before me, Tina S. Salas, Notary Public
(insert name and title of the officer)
personally appeared Stephanie Agapoff
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
• ft. ft ft ft ft ft ft
ITINA S. SALAS
Notary Public • California :
Sacramento County ! Commission It 2-409815
My Comm. Expires Jul◄, 2026
EXHIBIT 2
711
**** * *
! OLD REPUBLIC SURETY COMPANY
*****
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint:
David Weise, Nicole S. Moon, Catherine A. Pinney, Stacy M. Clinton, Stephanie Agapoff of Rancho Cordova, CA its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, se/Mnsurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed {if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 12th day of January 2023
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On this 12th dav of January 2023 , personally came before me, Alan Pavlic and Karen J Haffner , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
My Commission Expires: September 28. 2026
CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney rem�ins in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force.
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EXHIBIT 2
712
City of Stockton
Legislation Text
File #: 24-0380, Version: 2
APPROVE MOTION TO AUTHORIZE STANDARD AGREEMENT AMENDMENT NO. 1 FOR THE
PURCHASE OF PLAYGROUND EQUIPMENT AT FAKLIS, ILOILO, SHROPSHIRE, AND UNITY PARKS
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code 3.68.070 in support of an exception to the competitive bidding process.
2. Authorize Standard Agreement Amendment No. 1, in the amount of $117,521.48, with Playcraft Systems, LLC and authorized dealer Park Planet for the purchase of replacement and upgraded playground equipment at Faklis, Iloilo, Shropshire, and Unity Parks.
3. Authorize an additional $100,000 of purchasing authority for future Playcraft Systems, LLC playground replacement components at City parks.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
Public Works’ staff has found playground equipment degradation due to normal wear and tear along with vandalism that has made some of the equipment unsafe at Faklis, Iloilo, Shropshire, and Unity Parks and recommends replacing various components at each park (Attachment A). On June 27, 2023, the City executed Cooperative Purchase Agreement (COOP) No. R220203 in the amount of $32,161.34 with Playcraft Systems, LLC and authorized dealer Park Planet to purchase and install playground parts to refurbish the S.L. Fong Park playground with an expiration date of April 30, 2025.
Amending the existing contract for the repairs at Faklis, Iloilo, Shropshire, and Unity Parks will allow for delivery and installation of a turn-key project with minimized staff time and associated costs.
It is recommended that Council approve a motion authorizing the City Manager to execute Standard Agreement Amendment No. 1 in the amount of $117,521.48 with OMNIA Partners on behalf of Playcraft Systems, LLC and authorized dealer Park Planet of Red Bluff, CA, for the purchase of replacement and upgraded playground equipment at Faklis, Iloilo, Shropshire, and Unity Parks (Attachment B). Standard Agreement Amendment No. 1 also authorizes an additional $100,000 of purchasing authority for future PlayCraft Systems, LLC playground replacement components at City parks. The new total not to exceed amount of the contract will be $249,682.82 and will expire on April 30, 2025.
City of Stockton Printed on 5/8/2024Page 1 of 3
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713
File #: 24-0380, Version: 2
DISCUSSION
Background
The Public Works Department provides and maintains playground equipment at 59 parks and open space locations throughout the City. The City has a total of 14 playgrounds manufactured by Playcraft Systems, LLC including the playgrounds at Faklis, Iloilo, Shropshire, and Unity Parks. Public Works’ staff inspects playground equipment on a regular basis and arranges for repairs and replacements of deteriorated or vandalized components as funding becomes available. During these inspections, Public Works’ staff found playground equipment degradation due to normal wear and tear along with vandalism that has made some of the equipment unsafe at Faklis, Iloilo, Shropshire, and Unity Parks (Attachment A).
On June 27, 2023, the City executed COOP No. R220203 in the amount of $32,161.34 with Playcraft Systems, LLC and authorized dealer Park Planet to purchase and install playground parts to refurbish the S.L. Fong Park playground with an expiration date of April 30, 2025. The repairs to the S.L. Fong Park playground were completed in the fall of 2023. Amending the existing contract for the repairs at Faklis, Iloilo, Shropshire, and Unity Parks will allow for delivery and installation of a turn-key project with minimized staff time and associated costs.
Present Situation
OMNIA Partners is a national cooperative procurement organization that offers publicly solicited contracts to government entities nationwide. OMNIA Partners serves a variety of government and non-profit organizations. The use of a COOP streamlines administrative costs and procedures and takes advantage of volume purchasing while maintaining the integrity of the competitive bidding process.
The use of these contracts is optional and is available to California State and local government agencies. OMNIA Partners has a contract with Park Planet to purchase and install commercial-grade playground systems and their components.
The quotes for the playground parts available through OMNIA Partners’ contract meet the City’s requirements for this type of equipment. By utilizing this type of COOP, administrative costs are reduced because OMNIA Partners obtains low bids for volume purchasing, and local agencies avoid the expense associated with conducting the bid process. Staff time and associated costs are minimized.
There are no Stockton-based vendors with the proper license and Department of Industrial Relations registration that sell and install this type of equipment. Park Planet can provide a turn-key project and coordinate the delivery and installation of this playground equipment. Parts being replaced through this project include ramps, handholds, and grips, as well as slides, climbing components, walls, and steps. The materials are due for replacement due to vandalism and normal wear and tear.
It is recommended that Council approve a motion authorizing the City Manager to execute Standard Agreement Amendment No. 1, in the amount of $117,521.48, with Park Plant of Red Bluff, CA, and authorize an additional $100,000 of purchasing authority for future Playcraft Systems, LLC City of Stockton Printed on 5/8/2024Page 2 of 3
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File #: 24-0380, Version: 2
playground replacement components at City parks (Attachment B). With the previous repairs to S.L.
Fong Park playground, in the amount of $32,161.34, the new total not to exceed amount of the contract will be $249,682.82 and will expire on April 30, 2025.
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bid process. These findings include:
1. OMNIA Partners established a COOP with Park Planet for the purchase and installation of commercial-grade playground systems and their components.
2. The Park Planet COOP was established pursuant to a formal competitive bidding process conducted by OMNIA Partners on behalf of its governmental members, of which the City is one.
3. Taking advantage of the leveraged procurement agreement negotiated by OMNIA Partners will save the administrative expense of City staff conducting a separate procurement.
4. The bid specification used by OMNIA Partners has been assessed as compatible with the City’s standards. Playcraft Systems, LLC is one of the standard brands in use at the City’s playgrounds.
FINANCIAL SUMMARY
Funding for the purchase and installation of the playground components was included in the Stockton Consolidated Landscape and Lighting Maintenance Assessment Districts’ Fiscal Year 2023-24 budgets. There is sufficient funding in the operating accounts for each of the zones that support these parks to approve Standard Agreement Amendment No. 1:
PARK
ACCOUNT(S) AMOUNT
Faklis 4540-708-630006-270-019-30-45-000-000- $20,113.81 Iloilo 4540-708-630006-270-019-30-45-000-000- $20,849.95 Shropshire 4540-708-630006-270-014-30-45-000-000- $28,879.13 Shropshire 4540-708-630006-270-028-30-45-000-000- $11,404.21 Unity 4540-708-630006-270-025-30-45-000-000- $36,274.38 Available for future purchases from appropriate accounts (Unencumbered) $100,000.00
TOTAL $217,521.48
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - Vicinity Map
Attachment B - Standard Agreement Amendment No. 1
City of Stockton Printed on 5/8/2024Page 3 of 3
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Iloilo Sister CiƟes Park
Faklis Park
Unity Park
Shropshire Park
VICINITY MAP
ATTACHMENT A
716
717
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1400
CO Stockton - Park Parts - OMNIA
Bill To:
Quote Date: 03/18/2024
City of Stockton
425 N. El Dorado St.
Stockton CA 95202
United States
Quote Expires: 07/31/2024
Terms: Net 10dys / Install
Quote Total: $20,849.95
Contact Name Contact Phone Contact Email Sales Rep Sales Rep Email Susan Christy +12099378372 [email protected] Gary A Kimbrough [email protected] Description Vendor Qty Rate Amount
Iloilo Sister City Park - Playground Parts
PART - PlayCraft
PART: CS-1214-BRWN
CLIMB CHAIN RETRO FIT REPLACEMENT
(1) S-HOOK 3/8 GALVANIZED
(1) CHAIN 7MM (1/4") PC GRADE 30 CUT 2.5FT
(2) WASHER FLAT 3/8X7/8X.048 SS
(1) SHACKLE STAINLESS STEEL
(2) NUT BARREL 3/8-16 x 5/8 BH SS
(1) CLIMB CHAIN HANGER REV D.
(1) CLIMB CHAIN 12'-95 LINK DIP BROWN
(2) BOLT BH SOC CS 3/8x3/4 NC
Playcraft Systems, Inc 1 $326.00 $326.00
PART - PlayCraft
PART: CS-1216-3
RAMP GRIP 3-HOLE ASSY .
(3) Washer Flat 3/8" x 1" O.D. x .100" thick
(1) Ramp Grip 3-Hole
Color: Bigfoot Brown
(3) Bolt Button Head 3/8" x 1-1/4"
Playcraft Systems, Inc 6 $95.00 $570.00
PART - PlayCraft
PART: CS-1216-2
RAMP GRIP 2-HOLE ASSY .
(2) Washer Flat 3/8" x 1" O.D. x .100" thick
(1) Ramp Grip 3-Hole
Color: Bigfoot Brown
(2) Bolt Button Head 3/8" x 1-1/4"
Playcraft Systems, Inc 6 $92.00 $552.00
PART - PlayCraft
PART: CS-1702-6
72" DOUBLE SLIDE ONL Y w/ HDWR
(3) Bolt Hex 3/8" x 3/4"
(19) Washer Flat 3/8" x 1" O.D. x .100" thick
(6) Nut Lock 3/8"
(1) SLIDE DOUBLE 6'
Color: Campfire Orange
(4) Bolt Button Head 3/8" x 3/4"
(6) Bolt Button Head 3/8" x 1-3/4"
Playcraft Systems, Inc 1 $2,353.00 $2,353.00
ATTACHMENT B
718
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1400
CO Stockton - Park Parts - OMNIA
Description Vendor Qty Rate Amount
PART - PlayCraft
PART: WALL HALF R5 SUB-ASSY
(1) Wall Half R5 FAB
Color: PACIFIC BLUE
(1) Socket Clamp Set R5 w/ Hardware
(1) Wall End-Deck R5 HDWR Ship
Playcraft Systems, Inc 1 $332.00 $332.00
PART - PlayCraft
CS-2181-CAST SINGLE POST SWING CASTING SET W/
HDWR
(2) GE-0009 Single Post Swing Casting
Campfire Orange
(4) GF-4427 Arch Swing Washer (R5)
Campfire Orange
(2) 9105182 Bolt Button Head 1/2" x 4-1/4"
(2) 9123231 Bolt Hex 3/8" x 5-1/2"
(4) 9125292 Bolt Hex 1/2" x 7"
(12) 9345002 Washer Flat SAE 1/2"
(6) 9415132 Nut Lock 1/2"
(2) 9483602 Nut Hex 3/8"
Incl Single Post Swing Beam to Casting
Playcraft Systems, Inc 1 $895.00 $895.00
PART - PlayCraft
CS-PC2123-BEAM-R35ARCH SWING BEAM R35 W/ HDWR
(1) FS-PC2123 ARCH SWING BEAM R35
(1) HS-PC2181 SWING BEAM-POST FULL BAY HDWR
Playcraft Systems, Inc 1 $874.00 $874.00
PART - PlayCraft
517020 Chain Galvanized (Per Ft.)
(4) 7' Swing Chains
Playcraft Systems, Inc 28 $4.00 $112.00
PART - PlayCraft
HPK-451161-SS Swing Shackle, Stainless Steel
(2) for Each Swing
Playcraft Systems, Inc 4 $13.00 $52.00
PART - PlayCraft
471008 Shackle Pendulum w/ Bolts
(2) for Each Swing
Playcraft Systems, Inc 4 $51.00 $204.00
PART - PlayCraft
PC-4OZ CAN
Color: Pacific Blue
Playcraft Systems, Inc 4 $17.00 $68.00
PART - PlayCraft
PC-4OZ CAN
Color: Pacific Blue
Playcraft Systems, Inc 4 $17.00 $68.00
PART - PlayCraft
PC-4OZ CAN
Color: Pacific Blue
Playcraft Systems, Inc 4 $17.00 $68.00
PART - PlayCraft
S-1666-R5
Panel Pal, Spinner
Playcraft Systems, Inc 1 $571.00 $571.00
PART - PlayCraft
S-16201-R5-DM
Palm Tree Panel
Playcraft Systems, Inc 1 $1,055.00 $1,055.00
ATTACHMENT B
719
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1400
CO Stockton - Park Parts - OMNIA
Description Vendor Qty Rate Amount
OMNIA Discount
OMNIA Partners Discount - Park Planet ID: R170304
Customer ID:
OMNIA 1 ($810.00) ($810.00)
CONT
5% Contingency for Unexpected Hardware or Parts That May be Needed After Installation Has Started
Park Associates dba PARK PLANET 1 $401.85 $401.85
Playcraft Freight
Playcraft Freight
**PlayCraft shipping pallet dimensions can reach upwards of 4'W x 8'H x 18'L and will be delivered on a 53' dry-van WITHOUT a liftgate. Offloading is the CUSTOMER'S
responsibility and is NOT included in shipping costs. (2) Forklifts or (1) Forklift with extended forks and a capacity of greater than 5,000lbs will be required to offload the pallet(s). Please discuss offloading options with an Park Planet representative PRIOR to placing an order.
Playcraft Systems, Inc 1 $964.00 $964.00
Installation by Park Associates Inc.
CA - Lic# 959805 DIR# PW-LR-0000423561
Wage Rate: Prevailing
Installation assumes normal digging conditions with standard bobcat & auger. Bobcat & concrete truck access required.
Install - CA
2-5 AREA
- Install Replacement Half Wall near stepper
5-12 AREA
- Demo and replace Palm Tree Panel
- Install new Climb Chain and replace (9) Grips on Climbing Wall
- Install replacement Spinner Panel
- Demo and install new 72" double slide and footings
SWINGS
- Remove and replace Swing Top Beam and casting
- Remove and replace swings chains and hardware
- Use provided touch-up paint on any parts of the structure that need it.
Park Associates dba PARK PLANET 1 $11,538.00 $11,538.00 OMNIA Discount
OMNIA Partners Discount - Park Planet ID: R170304
Customer ID:
OMNIA 1 ($1,153.80) ($1,153.80)
CONT
10% Contingency Fee for any unforeseen extra installation work that may be required
Park Associates dba PARK PLANET 1 $1,153.80 $1,153.80
ATTACHMENT B
720
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1400
CO Stockton - Park Parts - OMNIA
Description Vendor Qty Rate Amount
EXCLUSIONS
Location/Marking of utility, plumbing and irrigation lines Dumpster for trash and packaging materials
Offloading and storage of equipment
Moving equipment from storage site to construction site Site preparation not specifically stated
Drainage Consideration
Inspections, material testing, or applicable permits and fees Removal of obstacles in access route
Landscape/Hardscape repair based on access route
Cleaning of structure(s) is excluded unless otherwise stated Site security including security fencing
Bonding or Special Insurance - fees may apply if required By signing below, you acknowledge and agree to our Contract; Exclusions, Conditions & Payment Terms, which are to be included in, and supersede any additional contracts or sub- contract agreements made separately based on this "Estimate".
Unless otherwise specified above we Exclude Responsibility for:
additional mobilizations due to delays or layout conflicts, conditions unforeseen and/or not disclosed at time of estimate, repairing unmarked underground utilities and pipes. Site Conditions Prior to Installation: Grades; stable, compacted, & workable (rough grade to be taken + or - one tenth of one inch), adequate access to work site provided for workmen, materials, tools & equipment. Quote assumes all labor to be completed without interruption.
IF APPLICABLE:
1. Park Planet installers are not signatory to any unions and will not sign any PLA for the installation of the playground or special playground surfacing. The following supply and/or installation estimates do not include signing a PLA or paying any union labor or fees. All of the labor quoted herein will need to be excluded from a PLA agreement and union labor requirement waived by the purchasing agency, owner or District.
2. Skilled & Trained Workforce: If this project is a Lease Lease- Back, or Design-Build Project, or a contract that triggers the Skilled and Trained Workforce requirements for a Public Works project, please contact Park Planet immediately. The Following estimate for equipment and/or labor does NOT include such compliance. Park Planet and their subcontractors will NOT comply with Skilled and Trained Workforce labor and reporting.
Park Planet's portion of work (and our subcontractor's work) will need to fall within an exception or waiver to the Skilled and Trained Workforce requirements or our estimate will not be valid.
Subtotal $20,193.85
Tax Total (%) $656.10
Total $20,849.95
ATTACHMENT B
721
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1400
CO Stockton - Park Parts - OMNIA
A PURCHASE ORDER OR SIGNED CHANGE ORDER MUST BE RECEIVED BEFORE ADDITIONAL EQUIPMENT, INSTALLATION, OR SERVICES CAN PROCEED. IF PAYING BY CREDIT CARD, A SURCHARGE WILL BE ASSESSED ON PAYMENT AMOUNT FOR 3.5% VISA/MC OR 5% AMEX.
Printed Name:__________________________________________ Title:_________________________________ Authorized Signature: __________________________________________ Date:______________________________ **Purchasing agent who is authorized to enter into binding agreement for quoted entity. **By signing this quote, I have read and agree to the quote Terms & Conditions listed below, on the following page.
ATTACHMENT B
722
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1400
CO Stockton - Park Parts - OMNIA
TERMS & CONDITIONS
1. General NotesAssembly, Installation and Offloading NOT included unless otherwise noted.
Payment and Performance bonds, Builder’s Risk and special insurance NOT included unless stated and quoted.
Customer responsible for quantities and model numbers. Revised quote needed if quantities revised.
2. Payment / OrderingCredit terms specific to each customer. See terms in upper right corner of Park Planet quotes..
Purchase orders or purchase contracts are needed to order. If none available, a signed Park Planet quote may be used in lieu of a formal PO.
All past due accounts subject to 1 ½ % monthly finance charge. In the event legal action is required to effect collection, venue shall be Red Bluff, CA.
3. Shipping / UnloadingShipped by Common Carrier – Customer will need 2 to 4 people to unload. Liftgate NOT included unless quoted. Items will be boxed and / or stretch wrapped to pallets and customer is responsible for offloading. Delivery Drivers do NOT unload.
IMPORTANT: Customer is responsible for receiving and checking quantities and condition at time of delivery Please note any shortages or damages on delivery copy.
Notwithstanding anything to the contrary in any Contract Documents, Customer understands that estimated shipment times for materials are an estimate only.
We have no control over shipment dates. We thus make no guarantee to Owner or Customer regarding the projected shipment dates for materials and shall not be liable for any loss caused by the timing of shipments.
4. Engineered Wood Fiber
Customer to provide access for Engineered Wood Fiber delivery with tractor truck and 53’ trailer.
Compaction of the Engineered Wood Fiber is NOT included in the installation cost, if desired, please request an updated proposal.
5. General Notes for Purchased Installation
Installation does NOT include ground preparation, excavation, safety surfacing, and/or safety surfacing borders, prep work, flat work, grading, rerouting of water, electric, drainage or sprinkler lines unless otherwise noted in the proposal.
Demo of existing equipment or safety surfacing is NOT included unless otherwise stated in the proposal.
ROCK CLAUSE: Pricing is based on normal soil conditions which would allow an auger on a tractor to dig footings. If rocks/boulders interfere with the progress of the excavation, additional fees may apply.
ACCESS CLAUSE: Installation based on clear access to area. Crane service is NOT included. Customer to provide access for bobcat to work area, bobcat will be provided by the installer. Minimum access shall be 7’ wide and 7’ high. If adequate access is not provided additional charges may apply and repairs to landscape and irrigation may be required. Customer is responsible for any repairs to landscape if proper access is not provided.
UTILITY CLAUSE: Unless stated in writing in the quote proposal, installation does not include marking of utilities by Dig Alert or other similar entities. Customer can, however, call Dig Alert directly. Dig Alert CANNOT locate any private lines, PVC or plastic water lines. Installation does NOT include repair or relocating any underground utilities, such as drainage, irrigation, live water lines, main low voltage lines, gas, electrical, communication, or sewer etc.
Customers responsibility to provide locations of any utilities prior to commencement of work.
Customer is responsible for all landscape repairs such as, but not limited to damaged trees, bushes, lawn, curbing, sidewalks and/or asphalt paving caused by materials truck and/or 2ton bobcat needed to complete project.
6. Temporary Fencing
Security guards and/or temporary fencing to prevent injuries, vandalism and/or accidental damage to install area or to the rubberized surface while it sets is NOT included unless noted on quote. If desired, the installers can put up caution tape, but Temporary Fencing is recommended. Although the fencing, if provided, is intended to provide this security, the overall security of the property is ultimately the responsibility of customer. We are not responsible for any vandalism or injuries even with the provision of the fencing.
7. ADA Access
Play Equipment MUST be installed over an impact absorbing surface such as ADA compliant Engineered Wood Fiber or Rubber Surfacing. If not quoted, please call for details.
This area is NOT ADA compliant without the installation of compliant surfacing and an accessible route up to and into the playground area. Please call for details.
8. Poured in Place Rubber Surfacing
Rubber Surfacing cannot be installed during extreme weather conditions and may not be installed if rain or frost is forecasted during 48-72 hr. cure time. 24 Hour Manned Security is NOT included in Park Planet quotes.
9. Shade Shelters (non DSA)
Shade Shelter installation price EXCLUDES – unless otherwise stated in this quote engineering, drawings, calculations, permits, permit submittal, site plans, special inspections, soil reports, impact fees, special assessment fees. Customer is responsible for any and all of these items if required by the City/County.
PLEASE NOTE: Shade Orders are NOT released into production until permit is issued! Shade Shelter installation price EXCLUDES concrete pad, footings, masonry columns, electrical wiring and lights unless otherwise noted.
10. Shade Shelters (DSA)
Fabrication cannot begin until AFTER DSA approval by your architect DSA in-plant Welding Inspector to be hired by the School District. Welding Inspector fee has NOT been quoted.
School District / Architect responsible for submission of plans to DSA for DSA approval Pricing does NOT include footings, steel cages, anchor bolts, or erecting of shade shelter unless otherwise noted.
11. Prevailing Wages – assumed and quoted unless specifically excluded due to private works.
Park Planet does not meet the Skilled & Trained Workforce Requirements and will not participate in same. Park Planet will not sign any PLA's for Union Work and is not signatory to any unions.
12. Indemnity Provision
Notwithstanding anything to the contrary in any Contract Documents we shall have no duty to defend or indemnify Owner, Customer, or any other party we agree to defend or indemnify in any Contract Documents for that portion of any claim arising out of the comparative fault of any party we agree to defend or indemnify in any Contract Documents.
ATTACHMENT B
723
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1484
CO Stockton - Park Parts - OMNIA
Bill To:
Quote Date: 03/18/2024
City of Stockton
425 N. El Dorado St.
Stockton CA 95202
United States
Quote Expires: 07/31/2024
Terms: Net 10dys / Install
Quote Total: $40,283.34
Contact Name Contact Phone Contact Email Sales Rep Sales Rep Email Susan Christy +12099378372 [email protected] Gary A Kimbrough [email protected] Description Vendor Qty Rate Amount
Shropshire Park - Playground Parts
PART - PlayCraft
PART: S-1419-R5
Complete Disc Traverse (TO REPLACE DISC TRAVERSE
SWIVEL - DISCONTINUED)
W/ Hardware and Clamps
Traverse Metal: Rhubarb Red
HDPE Steppers: Bigfoot Brown
Playcraft Systems, Inc 1 $6,007.00 $6,007.00
PART - PlayCraft
PART: 411000
Tri Ring
Playcraft Systems, Inc 8 $42.00 $336.00
PART - PlayCraft
PART: 471002
SWING HANGER SINGLE "O" SHAPE
Playcraft Systems, Inc 8 $45.00 $360.00
PART - PlayCraft
PART: 451161-SS
SWING SHACKLE, STAINLESS STEEL
Playcraft Systems, Inc 8 $13.00 $104.00
PART - PlayCraft
PART: S-1301-R5
Wall, Steel 36in (Standard)
W/ Hardware and Collars
Playcraft Systems, Inc 1 $764.00 $764.00
PART - PlayCraft
PART: S-1206-30R5
ADA Stairs, 30in Rise w/ Walls and Hardware
Playtuff: Color: Bigfoot Brown
Collars: Forest Green
Wall Color: Driftwood Tan
Playcraft Systems, Inc 1 $1,593.00 $1,593.00
PART - PlayCraft
PART: S-1101-R5
Square Deck
Playtuff: Color: Bigfoot Brown
Collars: Forest Green
Playcraft Systems, Inc 1 $759.00 $759.00
ATTACHMENT B
724
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1484
CO Stockton - Park Parts - OMNIA
Description Vendor Qty Rate Amount
PART - PlayCraft
PART:PART: CS-1216-3
RAMP GRIP 3-HOLE ASSY .
(3) Washer Flat 3/8" x 1" O.D. x .100" thick
(1) Ramp Grip 3-Hole
Color: Bigfoot Brown
(3) Bolt Button Head 3/8" x 1-1/4"
Playcraft Systems, Inc 4 $95.00 $380.00
PART - PlayCraft
PART: CS-1216-2
RAMP GRIP 2-HOLE ASSY .
(2) Washer Flat 3/8" x 1" O.D. x .100" thick
(1) Ramp Grip 3-Hole
Color: Bigfoot Brown
(2) Bolt Button Head 3/8" x 1-1/4"
Playcraft Systems, Inc 5 $92.00 $460.00
PART - PlayCraft
OPTIONAL PART TO REPLACE DISCONTINUED
STEPPER:
Option 1: Lily Pad Step and leg Leg (12"H) W/ Hardware
Color: Bigfoot Brown
Playcraft Systems, Inc 1 $725.00 $725.00
PART - PlayCraft
PART: S-1008-R5-08ft
Post, 8ft R5 w/ Hardware and Post Caps
Color: Tan
Playcraft Systems, Inc 6 $394.00 $2,364.00
PART - PlayCraft
PART: S-1101-R5
Square Deck
Playtuff: Color: Bigfoot Brown
Collars: Forest Green
Playcraft Systems, Inc 1 $759.00 $759.00
PART - PlayCraft
PART: S-1500-60-2-DTG-R5
Crawl Tube, (60 Degree, DTG, R)
Color: Driftwood Tan
Please note: This replacement crawl tube is smaller than the original, the original has been discontinued.
Playcraft Systems, Inc 1 $2,667.00 $2,667.00
PART - PlayCraft
PART: CS8135
POST CAP R35 DOME W/ HARDWARE
Color: Driftwood Tan
Playcraft Systems, Inc 8 $34.00 $272.00
PART - PlayCraft
PART: S-1301-R5-MT
Wall and Wheel w/ Hardware and Collars
Wall Color: Forest Green
Wheel Color: Rhubarb Red
Playcraft Systems, Inc 1 $1,138.00 $1,138.00
PART - PlayCraft
PART: WALL HALF R5 SUB-ASSY
(1) Wall Half R5 FAB
Color: FOREST GREEN
(1) Socket Clamp Set R5 w/ Hardware - Driftwood Tan
(1) Wall End-Deck R5 HDWR Ship
Playcraft Systems, Inc 3 $332.00 $996.00
ATTACHMENT B
725
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1484
CO Stockton - Park Parts - OMNIA
Description Vendor Qty Rate Amount
PART - PlayCraft
PART: S-1218-3
Climber, Arch 36in. w/ Hardware
Playcraft Systems, Inc 1 $1,029.00 $1,029.00
PART - PlayCraft
PART: HS-1004-R
Collar Set R5 W/ Hardware
Color: Driftwood Tan
Playcraft Systems, Inc 8 $58.00 $464.00
PART - PlayCraft
PART: PC-4OZ CAN
Touch up Paint 4oz Can
Color: Driftwood Tan
Playcraft Systems, Inc 10 $17.00 $170.00
PART - PlayCraft
PART: PC-4OZ CAN
Touch up Paint 4oz Can
Color: Forest Green
Playcraft Systems, Inc 3 $17.00 $51.00
PART - PlayCraft
PART: PC-4OZ CAN
Touch up Paint 4oz Can
Color: Rhubarb Red
Playcraft Systems, Inc 3 $17.00 $51.00
PART - PlayCraft
HS-1001-R
Socket Set R5 w/ Hardware
Color: Driftwood TAn
Playcraft Systems, Inc 8 $53.00 $424.00
OMNIA Discount
OMNIA Partners Discount - Park Planet ID: R170304
Customer ID:
OMNIA 1 ($2,187.30) ($2,187.30)
CONT
5% Contingency for Unexpected Hardware or Parts That May be Needed After Installation has Started
Park Associates dba PARK PLANET 1 $1,259.9285 $1,259.93 Playcraft Freight
Playcraft Freight
**PlayCraft shipping pallet dimensions can reach upwards of 4'W x 8'H x 18'L and will be delivered on a 53' dry-van WITHOUT a liftgate. Offloading is the CUSTOMER'S
responsibility and is NOT included in shipping costs. (2) Forklifts or (1) Forklift with extended forks and a capacity of greater than 5,000lbs will be required to offload the pallet(s).
Please discuss offloading options with an Park Planet
representative PRIOR to placing an order.
Playcraft Systems, Inc 1 $1,357.00 $1,357.00
Installation by Park Associates Inc.
CA - Lic# 959805 DIR# PW-LR-0000423561
Wage Rate: Prevailing
Installation assumes normal digging conditions with standard bobcat & auger. Bobcat & concrete truck access required.
ATTACHMENT B
726
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1484
CO Stockton - Park Parts - OMNIA
Description Vendor Qty Rate Amount
Install - CA
2-5 AREA
- Demo and install replacement (8) Post Caps and posts
- Demo and replace 2 decks
- Demo and replace 90 Degree Crawl Tube and 42" Tube
Support
- Demo and replace wall with wheel
- Demo and replace half wall
- Demo and replace Deep Rung Arch Climber
5-12 AREA
- Install two transfer points
- Replace all Ring Traverse Hardware
- Replace Lily Pad Step including footing
- Replace Climbing Wall Chains and grips
- Remove and replace steel wall
- Remove and replace ADA steps
- Use provided touch-up paint on any parts of the structure that need it.
G & G Builders, Inc 1 $16,209.00 $16,209.00
OMNIA Discount
OMNIA Partners Discount - Park Planet ID: R170304
Customer ID:
OMNIA 1 ($1,620.90) ($1,620.90)
CONT
10% Contingency Fee for any unforseen extra installation work that may be required
Park Associates dba PARK PLANET 1 $1,620.90 $1,620.90
EXCLUSIONS
Location/Marking of utility, plumbing and irrigation lines Dumpster for trash and packaging materials
Offloading and storage of equipment
Moving equipment from storage site to construction site Site preparation not specifically stated
Drainage Consideration
Inspections, material testing, or applicable permits and fees Removal of obstacles in access route
Landscape/Hardscape repair based on access route
Cleaning of structure(s) is excluded unless otherwise stated Site security including security fencing
Bonding or Special Insurance - fees may apply if required By signing below, you acknowledge and agree to our Contract; Exclusions, Conditions & Payment Terms, which are to be included in, and supersede any additional contracts or sub- contract agreements made separately based on this
"Estimate". Unless otherwise specified above we Exclude
Responsibility for: additional mobilizations due to delays or layout conflicts, conditions unforeseen and/or not disclosed at time of estimate, repairing unmarked underground utilities and pipes. Site Conditions Prior to Installation: Grades; stable, compacted, & workable (rough grade to be taken + or - one tenth of one inch), adequate access to work site provided for workmen, materials, tools & equipment. Quote assumes all labor to be completed without interruption.
ATTACHMENT B
727
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1484
CO Stockton - Park Parts - OMNIA
Description Vendor Qty Rate Amount
IF APPLICABLE:
1. Park Planet installers are not signatory to any unions and will not sign any PLA for the installation of the playground or special playground surfacing. The following supply and/or installation estimates do not include signing a PLA or paying any union labor or fees. All of the labor quoted herein will need to be excluded from a PLA agreement and union labor
requirement waived by the purchasing agency, owner or
District.
2. Skilled & Trained Workforce: If this project is a Lease Lease- Back, or Design-Build Project, or a contract that triggers the Skilled and Trained Workforce requirements for a Public Works project, please contact Park Planet immediately. The Following estimate for equipment and/or labor does NOT include such compliance. Park Planet and their subcontractors will NOT comply with Skilled and Trained Workforce labor and reporting.
Park Planet's portion of work (and our subcontractor's work) will need to fall within an exception or waiver to the Skilled and Trained Workforce requirements or our estimate will not be valid.
Subtotal $38,511.63
Tax Total (%) $1,771.71
Total $40,283.34
A PURCHASE ORDER OR SIGNED CHANGE ORDER MUST BE RECEIVED BEFORE ADDITIONAL EQUIPMENT, INSTALLATION, OR SERVICES CAN PROCEED. IF PAYING BY CREDIT CARD, A SURCHARGE WILL BE ASSESSED ON PAYMENT AMOUNT FOR 3.5% VISA/MC OR 5% AMEX.
Printed Name:__________________________________________ Title:_________________________________ Authorized Signature: __________________________________________ Date:______________________________ **Purchasing agent who is authorized to enter into binding agreement for quoted entity. **By signing this quote, I have read and agree to the quote Terms & Conditions listed below, on the following page.
ATTACHMENT B
728
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1484
CO Stockton - Park Parts - OMNIA
TERMS & CONDITIONS
1. General NotesAssembly, Installation and Offloading NOT included unless otherwise noted.
Payment and Performance bonds, Builder’s Risk and special insurance NOT included unless stated and quoted.
Customer responsible for quantities and model numbers. Revised quote needed if quantities revised.
2. Payment / OrderingCredit terms specific to each customer. See terms in upper right corner of Park Planet quotes..
Purchase orders or purchase contracts are needed to order. If none available, a signed Park Planet quote may be used in lieu of a formal PO.
All past due accounts subject to 1 ½ % monthly finance charge. In the event legal action is required to effect collection, venue shall be Red Bluff, CA.
3. Shipping / UnloadingShipped by Common Carrier – Customer will need 2 to 4 people to unload. Liftgate NOT included unless quoted. Items will be boxed and / or stretch wrapped to pallets and customer is responsible for offloading. Delivery Drivers do NOT unload.
IMPORTANT: Customer is responsible for receiving and checking quantities and condition at time of delivery Please note any shortages or damages on delivery copy.
Notwithstanding anything to the contrary in any Contract Documents, Customer understands that estimated shipment times for materials are an estimate only.
We have no control over shipment dates. We thus make no guarantee to Owner or Customer regarding the projected shipment dates for materials and shall not be liable for any loss caused by the timing of shipments.
4. Engineered Wood Fiber
Customer to provide access for Engineered Wood Fiber delivery with tractor truck and 53’ trailer.
Compaction of the Engineered Wood Fiber is NOT included in the installation cost, if desired, please request an updated proposal.
5. General Notes for Purchased Installation
Installation does NOT include ground preparation, excavation, safety surfacing, and/or safety surfacing borders, prep work, flat work, grading, rerouting of water, electric, drainage or sprinkler lines unless otherwise noted in the proposal.
Demo of existing equipment or safety surfacing is NOT included unless otherwise stated in the proposal.
ROCK CLAUSE: Pricing is based on normal soil conditions which would allow an auger on a tractor to dig footings. If rocks/boulders interfere with the progress of the excavation, additional fees may apply.
ACCESS CLAUSE: Installation based on clear access to area. Crane service is NOT included. Customer to provide access for bobcat to work area, bobcat will be provided by the installer. Minimum access shall be 7’ wide and 7’ high. If adequate access is not provided additional charges may apply and repairs to landscape and irrigation may be required. Customer is responsible for any repairs to landscape if proper access is not provided.
UTILITY CLAUSE: Unless stated in writing in the quote proposal, installation does not include marking of utilities by Dig Alert or other similar entities. Customer can, however, call Dig Alert directly. Dig Alert CANNOT locate any private lines, PVC or plastic water lines. Installation does NOT include repair or relocating any underground utilities, such as drainage, irrigation, live water lines, main low voltage lines, gas, electrical, communication, or sewer etc.
Customers responsibility to provide locations of any utilities prior to commencement of work.
Customer is responsible for all landscape repairs such as, but not limited to damaged trees, bushes, lawn, curbing, sidewalks and/or asphalt paving caused by materials truck and/or 2ton bobcat needed to complete project.
6. Temporary Fencing
Security guards and/or temporary fencing to prevent injuries, vandalism and/or accidental damage to install area or to the rubberized surface while it sets is NOT included unless noted on quote. If desired, the installers can put up caution tape, but Temporary Fencing is recommended. Although the fencing, if provided, is intended to provide this security, the overall security of the property is ultimately the responsibility of customer. We are not responsible for any vandalism or injuries even with the provision of the fencing.
7. ADA Access
Play Equipment MUST be installed over an impact absorbing surface such as ADA compliant Engineered Wood Fiber or Rubber Surfacing. If not quoted, please call for details.
This area is NOT ADA compliant without the installation of compliant surfacing and an accessible route up to and into the playground area. Please call for details.
8. Poured in Place Rubber Surfacing
Rubber Surfacing cannot be installed during extreme weather conditions and may not be installed if rain or frost is forecasted during 48-72 hr. cure time. 24 Hour Manned Security is NOT included in Park Planet quotes.
9. Shade Shelters (non DSA)
Shade Shelter installation price EXCLUDES – unless otherwise stated in this quote engineering, drawings, calculations, permits, permit submittal, site plans, special inspections, soil reports, impact fees, special assessment fees. Customer is responsible for any and all of these items if required by the City/County.
PLEASE NOTE: Shade Orders are NOT released into production until permit is issued! Shade Shelter installation price EXCLUDES concrete pad, footings, masonry columns, electrical wiring and lights unless otherwise noted.
10. Shade Shelters (DSA)
Fabrication cannot begin until AFTER DSA approval by your architect DSA in-plant Welding Inspector to be hired by the School District. Welding Inspector fee has NOT been quoted.
School District / Architect responsible for submission of plans to DSA for DSA approval Pricing does NOT include footings, steel cages, anchor bolts, or erecting of shade shelter unless otherwise noted.
11. Prevailing Wages – assumed and quoted unless specifically excluded due to private works.
Park Planet does not meet the Skilled & Trained Workforce Requirements and will not participate in same. Park Planet will not sign any PLA's for Union Work and is not signatory to any unions.
12. Indemnity Provision
Notwithstanding anything to the contrary in any Contract Documents we shall have no duty to defend or indemnify Owner, Customer, or any other party we agree to defend or indemnify in any Contract Documents for that portion of any claim arising out of the comparative fault of any party we agree to defend or indemnify in any Contract Documents.
ATTACHMENT B
729
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1482
CO Stockton - Park Parts - OMNIA
Bill To:
Quote Date: 03/18/2024
City of Stockton
425 N. El Dorado St.
Stockton CA 95202
United States
Quote Expires: 07/31/2024
Terms: Net 10dys / Install
Quote Total: $20,113.81
Contact Name Contact Phone Contact Email Sales Rep Sales Rep Email Susan Christy +12099378372 [email protected] Gary A Kimbrough [email protected] Description Vendor Qty Rate Amount
Michael Faklis Park - Playground Parts
PART - PlayCraft
PART: CS-1236-1
ERECTOR ROCK WALL GRIP #1 ASSY .
(1) Wall Grip #1
Color: Forest Green
(1) 3/8 x 6" Threaded Stud
(2) 1/2" SAE Washer
(2) 3/8x2" Barrel Nut
Playcraft Systems, Inc 3 $135.00 $405.00
PART - PlayCraft
ART: CS-1236-2
ERECTOR ROCK WALL GRIP #2 ASSY .
(1) Wall Grip #2
Color: Forest Green
(1) 3/8 x 6" Threaded Stud
(2) 1/2" SAE Washer
(2) 3/8x2" Barrel Nut
Playcraft Systems, Inc 3 $135.00 $405.00
PART - PlayCraft
PART: CS-1236-3
ERECTOR ROCK WALL GRIP #3 ASSY .
(1) Wall Grip #3
Color: Forest Green
(1) 3/8 x 6" Threaded Stud
(2) 1/2" SAE Washer
(2) 3/8x2" Barrel Nut
Playcraft Systems, Inc 3 $135.00 $405.00
PART - PlayCraft
PART: CS-1214-BRWN
CLIMB CHAIN RETRO FIT REPLACEMENT
(1) S-HOOK 3/8 GALVANIZED
(1) CHAIN 7MM (1/4") PC GRADE 30 CUT 2.5FT
(2) WASHER FLAT 3/8X7/8X.048 SS
(1) SHACKLE STAINLESS STEEL
(2) NUT BARREL 3/8-16 x 5/8 BH SS
(1) CLIMB CHAIN HANGER REV D.
(1) CLIMB CHAIN 12'-95 LINK DIP BROWN
(2) BOLT BH SOC CS 3/8x3/4 NC
Playcraft Systems, Inc 1 $326.00 $326.00
ATTACHMENT B
730
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1482
CO Stockton - Park Parts - OMNIA
Description Vendor Qty Rate Amount
PART - PlayCraft
PART: CS-1216-2
RAMP GRIP 2-HOLE ASSY .
(2) Washer Flat 3/8" x 1" O.D. x .100" thick
(1) Ramp Grip 3-Hole
Color: Bigfoot Brown
(2) Bolt Button Head 3/8" x 1-1/4"
Playcraft Systems, Inc 5 $92.00 $460.00
PART - PlayCraft
PART: CS-1216-3
RAMP GRIP 3-HOLE ASSY .
(3) Washer Flat 3/8" x 1" O.D. x .100" thick
(1) Ramp Grip 3-Hole
Color: Bigfoot Brown
(3) Bolt Button Head 3/8" x 1-1/4"
Playcraft Systems, Inc 4 $95.00 $380.00
PART - PlayCraft
PART: PC-4OZ CAN
Touch up Paint 4oz Can
Color: FOREST GREEN
Playcraft Systems, Inc 3 $17.00 $51.00
PART - PlayCraft
PART: PC-4OZ CAN
Touch up Paint 4oz Can
Color: Wildflower Purple
Playcraft Systems, Inc 3 $17.00 $51.00
PART - PlayCraft
PART: PC-4OZ CAN
Touch up Paint 4oz Can
Color: Bigfoot Brown
Playcraft Systems, Inc 3 $17.00 $51.00
PART - PlayCraft
PART: CS-1702-4
48" DOUBLE SLIDE ONL Y w/ HDWR
(1) Wave Slide Double 48"
(4) Bolt Button Head 3/8" x 3/4"
(6) Bolt Button Head 3/8" x 1-3/4"
(3) Bolt Hex 3/8" x 3/4"
(19) Washer Flat 3/8" x 1" O.D. x .100" thick
(6) Nut Lock 3/8"
Playcraft Systems, Inc 1 $1,501.00 $1,501.00
ATTACHMENT B
731
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1482
CO Stockton - Park Parts - OMNIA
Description Vendor Qty Rate Amount
PART - PlayCraft
PART: S-1209-36-R5
Transfer Station 48in. Left w/Hardware
TRANSFER DECK SUPPORT ASSY .
Transfer Deck Support
Transfer Leg Top
Screw Tek 1/4" x 3/4" PH SQDR
Bolt Button Head 3/8" x 1-1/4”
Washer Flat 3/8" x 1" O.D. x .100" thick
Nut Lock 3/8"
COLLAR SET R5 W/ HARDWARE
Collar R5 (half)
Screw Rek 1/4-14x1-1/4 bh trss
Screw SOC HD CS 1/4x1-3/8 tr
Washer flat 6 mm SS
TRANSFER STATION RAIL 48" SET
TRANSFER RAIL 36-26 SET COATED
WASHER FLAT 3/8 X 1 X .100''SS
BOLT BH SOC CS 3/8x2-1/2 NC
NUT LOCK 3/8 NC NYL PLN SS
BOLT BH SOC CS 3/8x1-1/4 NC
VERTICAL FILLER #8 ASSY .
Vertical Filler #8
Bolt Button Head 3/8" x 1-1/4"
Washer Flat 3/8" x 1" O.D. x .100" Thick
Nut Lock 3/8"
STEP DECK LEG ASSY .
Step Deck Support
Bolt Button Head 3/8" x 1-1/4"
Washer Flat 3/8" x 1' O.D. x .100" Thick
Nut Lock 3/8"
STEP DECK 3 ASSY .
Step Deck 3
Bolt Button Head 3/8" x 1-1/4"
Washer Flat 3/8" x 1" O.D. x .100" thick
Nut Lock 3/8"
TRANSFER DECK 2 W/ HDWR
DIP TRANSFER DECK 2
BOLT BH SOC CS 3/8x1-1/4 NC
WASHER FLAT 3/8 X 1 X .100''SS
BOLT BH SOC CS 3/8x1-1/2 NC
NUT LOCK 3/8 NC NYL PLN SS
ADA STEPS 36-26 ASSY . R5
ADA Steps 36-26
Bolt Button Head 3/8" x 1-1/4"
Bolt Button Head 3/8" x 1-1/2"
Washer Flat 3./8" x 1" O.D. x .100" thick
Nut Lock 3/8"
Playcraft Systems, Inc 1 $4,100.00 $4,100.00
PART - PlayCraft
PART: S-1962-R5
Playseat w/Hardware
(2) Collars & Sockets
Playcraft Systems, Inc 1 $575.00 $575.00
ATTACHMENT B
732
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1482
CO Stockton - Park Parts - OMNIA
Description Vendor Qty Rate Amount
OMNIA Discount
OMNIA Partners Discount - Park Planet ID: R170304
Customer ID:
OMNIA 1 ($871.00) ($871.00)
CONT
5% Contingency for Unexpected Hardware or Parts That May be Needed After Installation has Started
Park Associates dba PARK PLANET 1 $435.50 $435.50
Playcraft Freight
Playcraft Freight
**PlayCraft shipping pallet dimensions can reach upwards of 4'W x 8'H x 18'L and will be delivered on a 53' dry-van WITHOUT a liftgate. Offloading is the CUSTOMER'S
responsibility and is NOT included in shipping costs. (2) Forklifts or (1) Forklift with extended forks and a capacity of greater than 5,000lbs will be required to offload the pallet(s). Please discuss offloading options with an Park Planet representative PRIOR to placing an order.
Playcraft Systems, Inc 1 $821.00 $821.00
Installation by Park Associates Inc.
CA - Lic# 959805 DIR# PW-LR-0000423561
Wage Rate: Prevailing
Installation assumes normal digging conditions with standard bobcat & auger. Bobcat & concrete truck access required.
Install - CA
2-5 AREA
- Demo and replace Poly Double Wave Slide
- Demo 36" ADA Steps and 12" ADA Station and replace with 48" transfer station
5-12 AREA
- Remove and replace (9) Erector Rock Wall Grips (3)
Assembly #1, (3) Assembly #2, (3) Assembly #3
- Install new Climb Chain and replace (9) Grips on Climbing Wall
- Use provided touch-up paint on any parts of the structure that need it.
Park Associates dba PARK PLANET 1 $12,891.00 $12,891.00 OMNIA Discount
OMNIA Partners Discount - Park Planet ID: R170304
Customer ID:
OMNIA 1 ($1,289.10) ($1,289.10)
CONT
Contingency Fee for any unforeseen installation work that may be required.
Park Associates dba PARK PLANET 1 ($1,289.10) ($1,289.10)
ATTACHMENT B
733
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1482
CO Stockton - Park Parts - OMNIA
Description Vendor Qty Rate Amount
EXCLUSIONS
Location/Marking of utility, plumbing and irrigation lines Dumpster for trash and packaging materials
Offloading and storage of equipment
Moving equipment from storage site to construction site Site preparation not specifically stated
Drainage Consideration
Inspections, material testing, or applicable permits and fees Removal of obstacles in access route
Landscape/Hardscape repair based on access route
Cleaning of structure(s) is excluded unless otherwise stated Site security including security fencing
Bonding or Special Insurance - fees may apply if required By signing below, you acknowledge and agree to our Contract; Exclusions, Conditions & Payment Terms, which are to be included in, and supersede any additional contracts or sub- contract agreements made separately based on this "Estimate".
Unless otherwise specified above we Exclude Responsibility for:
additional mobilizations due to delays or layout conflicts, conditions unforeseen and/or not disclosed at time of estimate, repairing unmarked underground utilities and pipes. Site Conditions Prior to Installation: Grades; stable, compacted, & workable (rough grade to be taken + or - one tenth of one inch), adequate access to work site provided for workmen, materials, tools & equipment. Quote assumes all labor to be completed without interruption.
IF APPLICABLE:
1. Park Planet installers are not signatory to any unions and will not sign any PLA for the installation of the playground or special playground surfacing. The following supply and/or installation estimates do not include signing a PLA or paying any union labor or fees. All of the labor quoted herein will need to be excluded from a PLA agreement and union labor requirement waived by the purchasing agency, owner or District.
2. Skilled & Trained Workforce: If this project is a Lease Lease- Back, or Design-Build Project, or a contract that triggers the Skilled and Trained Workforce requirements for a Public Works project, please contact Park Planet immediately. The Following estimate for equipment and/or labor does NOT include such compliance. Park Planet and their subcontractors will NOT comply with Skilled and Trained Workforce labor and reporting.
Park Planet's portion of work (and our subcontractor's work) will need to fall within an exception or waiver to the Skilled and Trained Workforce requirements or our estimate will not be valid.
Subtotal $19,408.30
Tax Total (%) $705.51
Total $20,113.81
ATTACHMENT B
734
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1482
CO Stockton - Park Parts - OMNIA
A PURCHASE ORDER OR SIGNED CHANGE ORDER MUST BE RECEIVED BEFORE ADDITIONAL EQUIPMENT, INSTALLATION, OR SERVICES CAN PROCEED. IF PAYING BY CREDIT CARD, A SURCHARGE WILL BE ASSESSED ON PAYMENT AMOUNT FOR 3.5% VISA/MC OR 5% AMEX.
Printed Name:__________________________________________ Title:_________________________________ Authorized Signature: __________________________________________ Date:______________________________ **Purchasing agent who is authorized to enter into binding agreement for quoted entity. **By signing this quote, I have read and agree to the quote Terms & Conditions listed below, on the following page.
ATTACHMENT B
735
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1482
CO Stockton - Park Parts - OMNIA
TERMS & CONDITIONS
1. General NotesAssembly, Installation and Offloading NOT included unless otherwise noted.
Payment and Performance bonds, Builder’s Risk and special insurance NOT included unless stated and quoted.
Customer responsible for quantities and model numbers. Revised quote needed if quantities revised.
2. Payment / OrderingCredit terms specific to each customer. See terms in upper right corner of Park Planet quotes..
Purchase orders or purchase contracts are needed to order. If none available, a signed Park Planet quote may be used in lieu of a formal PO.
All past due accounts subject to 1 ½ % monthly finance charge. In the event legal action is required to effect collection, venue shall be Red Bluff, CA.
3. Shipping / UnloadingShipped by Common Carrier – Customer will need 2 to 4 people to unload. Liftgate NOT included unless quoted. Items will be boxed and / or stretch wrapped to pallets and customer is responsible for offloading. Delivery Drivers do NOT unload.
IMPORTANT: Customer is responsible for receiving and checking quantities and condition at time of delivery Please note any shortages or damages on delivery copy.
Notwithstanding anything to the contrary in any Contract Documents, Customer understands that estimated shipment times for materials are an estimate only.
We have no control over shipment dates. We thus make no guarantee to Owner or Customer regarding the projected shipment dates for materials and shall not be liable for any loss caused by the timing of shipments.
4. Engineered Wood Fiber
Customer to provide access for Engineered Wood Fiber delivery with tractor truck and 53’ trailer.
Compaction of the Engineered Wood Fiber is NOT included in the installation cost, if desired, please request an updated proposal.
5. General Notes for Purchased Installation
Installation does NOT include ground preparation, excavation, safety surfacing, and/or safety surfacing borders, prep work, flat work, grading, rerouting of water, electric, drainage or sprinkler lines unless otherwise noted in the proposal.
Demo of existing equipment or safety surfacing is NOT included unless otherwise stated in the proposal.
ROCK CLAUSE: Pricing is based on normal soil conditions which would allow an auger on a tractor to dig footings. If rocks/boulders interfere with the progress of the excavation, additional fees may apply.
ACCESS CLAUSE: Installation based on clear access to area. Crane service is NOT included. Customer to provide access for bobcat to work area, bobcat will be provided by the installer. Minimum access shall be 7’ wide and 7’ high. If adequate access is not provided additional charges may apply and repairs to landscape and irrigation may be required. Customer is responsible for any repairs to landscape if proper access is not provided.
UTILITY CLAUSE: Unless stated in writing in the quote proposal, installation does not include marking of utilities by Dig Alert or other similar entities. Customer can, however, call Dig Alert directly. Dig Alert CANNOT locate any private lines, PVC or plastic water lines. Installation does NOT include repair or relocating any underground utilities, such as drainage, irrigation, live water lines, main low voltage lines, gas, electrical, communication, or sewer etc.
Customers responsibility to provide locations of any utilities prior to commencement of work.
Customer is responsible for all landscape repairs such as, but not limited to damaged trees, bushes, lawn, curbing, sidewalks and/or asphalt paving caused by materials truck and/or 2ton bobcat needed to complete project.
6. Temporary Fencing
Security guards and/or temporary fencing to prevent injuries, vandalism and/or accidental damage to install area or to the rubberized surface while it sets is NOT included unless noted on quote. If desired, the installers can put up caution tape, but Temporary Fencing is recommended. Although the fencing, if provided, is intended to provide this security, the overall security of the property is ultimately the responsibility of customer. We are not responsible for any vandalism or injuries even with the provision of the fencing.
7. ADA Access
Play Equipment MUST be installed over an impact absorbing surface such as ADA compliant Engineered Wood Fiber or Rubber Surfacing. If not quoted, please call for details.
This area is NOT ADA compliant without the installation of compliant surfacing and an accessible route up to and into the playground area. Please call for details.
8. Poured in Place Rubber Surfacing
Rubber Surfacing cannot be installed during extreme weather conditions and may not be installed if rain or frost is forecasted during 48-72 hr. cure time. 24 Hour Manned Security is NOT included in Park Planet quotes.
9. Shade Shelters (non DSA)
Shade Shelter installation price EXCLUDES – unless otherwise stated in this quote engineering, drawings, calculations, permits, permit submittal, site plans, special inspections, soil reports, impact fees, special assessment fees. Customer is responsible for any and all of these items if required by the City/County.
PLEASE NOTE: Shade Orders are NOT released into production until permit is issued! Shade Shelter installation price EXCLUDES concrete pad, footings, masonry columns, electrical wiring and lights unless otherwise noted.
10. Shade Shelters (DSA)
Fabrication cannot begin until AFTER DSA approval by your architect DSA in-plant Welding Inspector to be hired by the School District. Welding Inspector fee has NOT been quoted.
School District / Architect responsible for submission of plans to DSA for DSA approval Pricing does NOT include footings, steel cages, anchor bolts, or erecting of shade shelter unless otherwise noted.
11. Prevailing Wages – assumed and quoted unless specifically excluded due to private works.
Park Planet does not meet the Skilled & Trained Workforce Requirements and will not participate in same. Park Planet will not sign any PLA's for Union Work and is not signatory to any unions.
12. Indemnity Provision
Notwithstanding anything to the contrary in any Contract Documents we shall have no duty to defend or indemnify Owner, Customer, or any other party we agree to defend or indemnify in any Contract Documents for that portion of any claim arising out of the comparative fault of any party we agree to defend or indemnify in any Contract Documents.
ATTACHMENT B
736
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1479
CO Stockton - Park Parts - OMNIA
Bill To:
Quote Date: 03/18/2024
City of Stockton
425 N. El Dorado St.
Stockton CA 95202
United States
Quote Expires: 07/31/2024
Terms: Net 10dys / Install
Quote Total: $36,274.38
Contact Name Contact Phone Contact Email Sales Rep Sales Rep Email Susan Christy +12099378372 [email protected] Gary A Kimbrough [email protected] Description Vendor Qty Rate Amount
Unity Park - Playground Parts
PART - PlayCraft
PART: S-1615-R5
Store Panel
Playcraft Systems, Inc 1 $988.00 $988.00
PART - PlayCraft
2-12 Age Appropriate Sign (HDPE)
Playcraft Systems, Inc 1 $1,505.00 $1,505.00
PART - PlayCraft
PART: S-1309-R5
WALL HALF R5 SUB-ASSY
(1) Wall Half R5 FAB
Color: Driftwood Tan
(1) Socket Clamp Set R5 w/ HDWR
Color: Forest Green
(1) Wall End-Deck R5 HDWR Ship
Playcraft Systems, Inc 1 $332.00 $332.00
PART - PlayCraft
PART: CS-4203-STAIR
ADA STEPS 24-26 ASSY .
(1) ADA Steps 24-26
Color: Bigfoot Brown
(8) Bolt Button Head 3/8" x 1-1/2"
(4) Bolt Button Head 3/8" x 2-1/2"
(20) Washer Flat 3/8" x 1" O.D. x .100"
(12) Nut Lock 3/8"
Playcraft Systems, Inc 1 $796.00 $796.00
PART - PlayCraft
PART: CS-4294-STAIR-R5
ADA STEPS 36-26 ASSY . R5
(1) ADA Steps 26-26
Color: Bigfoot Brown
(4) Socket Clamp Set R5
Color: Forest Green
(4) Bolt Button Head 3/8" x 1-1/4"
(4) Bolt Button Head 3/8" x 1-1/2"
(24) Washer Flat 3/8" x 1" O.D. x .100"
(12) Nut Lock 3/8"
Playcraft Systems, Inc 1 $1,371.00 $1,371.00
ATTACHMENT B
737
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1479
CO Stockton - Park Parts - OMNIA
Description Vendor Qty Rate Amount
PART - PlayCraft
PART: S-1305-R5
DOUBLE SLIDE SIT DOWN WALL
(1) Slide Sit-Down Dbl Bar R5 Fab
Color: Driftwood Tan
(1) Socket Clamp Set R5
Color: Forest Green
Playcraft Systems, Inc 1 $445.00 $445.00
PART - PlayCraft
PART: PC-4OZ CAN
Touch up Paint 4oz Can
Color: FOREST GREEN
Playcraft Systems, Inc 6 $17.00 $102.00
PART - PlayCraft
PART: 517020 CHAIN GALVANIZED (Per Ft.)
(3) 7' Swing Chains
Playcraft Systems, Inc 28 $4.00 $112.00
PART - PlayCraft
PART: 451161-SS
Swing Shackle, Stainless Steel
(2) for Each Swing
Playcraft Systems, Inc 4 $13.00 $52.00
PART - PlayCraft
PART: 471008
Shackle Pendulum w/ Bolts
(2) for Each Swing
Playcraft Systems, Inc 4 $51.00 $204.00
PART - PlayCraft
PART: 313010
Belt Seat
Color: BLACK
Playcraft Systems, Inc 2 $98.00 $196.00
PART - PlayCraft
PART: CS-1704-72
POL Y WAVE SLIDE 6' H ONL Y w/ HDWR
(4) Bolt Hex 3/8" x 3/4"
(14) Washer Flat 3/8" x 1" O.D. x .100" thick
(4) Nut Lock 3/8"
(1) Poly Wave Slide 6' High
Color: Driftwood Tan
(2) Bolt Button Head 3/8" x 3/4"
(4) Bolt Button Head 3/8" x 1-3/4"
Playcraft Systems, Inc 1 $1,536.00 $1,536.00
PART - PlayCraft
PART: S-1221-4
CHAIN NET 4 FOOT HIGH
(1) HARDWARE SHIP CHAIN NET
(1) Chain Net Foot
(1) Chain Net #4 3-4H (BROWN ONL Y)
Playcraft Systems, Inc 1 $799.00 $799.00
ATTACHMENT B
738
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1479
CO Stockton - Park Parts - OMNIA
Description Vendor Qty Rate Amount
PART - PlayCraft
PART: CS-1216-3
RAMP GRIP 3-HOLE ASSY .
(3) Washer Flat 3/8" x 1" O.D. x .100" thick
(1) Ramp Grip 3-Hole
Color: Bigfoot Brown
(3) Bolt Button Head 3/8" x 1-1/4"
15 PART: CS-1216RAMP GRIP 2-HOLE
ASSY .
(2) Washer Flat 3/8" x 1" O.D. x .100"
thick
(1) Ramp Grip
3-Hole
Color: Bigfoot
Brown
(2) Bolt Button Head 3/8" x
1-1/4"
Playcraft Systems, Inc 6 $95.00 $570.00
PART - PlayCraft
PART: CS-1216RAMP GRIP 2-HOLE
ASSY .
(2) Washer Flat 3/8" x 1" O.D. x .100"
thick
(1) Ramp Grip
3-Hole
Color: Bigfoot
Brown
(2) Bolt Button Head 3/8" x
1-1/4"
Playcraft Systems, Inc 6 $92.00 $552.00
OMNIA Discount
OMNIA Partners Discount - Park Planet ID: R170304
Customer ID:
OMNIA 1 ($956.00) ($956.00)
CONT
5% Contingency for Unexpected Hardware or Parts That May be Needed After Installation has Started
Park Associates dba PARK PLANET 1 $521.02 $521.02
Playcraft Freight
Playcraft Freight
**PlayCraft shipping pallet dimensions can reach upwards of 4'W x 8'H x 18'L and will be delivered on a 53' dry-van WITHOUT a liftgate. Offloading is the CUSTOMER'S
responsibility and is NOT included in shipping costs. (2) Forklifts or (1) Forklift with extended forks and a capacity of greater than 5,000lbs will be required to offload the pallet(s). Please discuss offloading options with an Park Planet representative PRIOR to placing an order.
Playcraft Systems, Inc 1 $1,000.00 $1,000.00
Installation by Park Associates Inc.
CA - Lic# 959805 DIR# PW-LR-0000423561
Wage Rate: Prevailing
Installation assumes normal digging conditions with standard bobcat & auger. Bobcat & concrete truck access required.
ATTACHMENT B
739
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1479
CO Stockton - Park Parts - OMNIA
Description Vendor Qty Rate Amount
Install - CA
- Demo and reinstall a new 2-12 Age Sign
- Demo and Replace Store Panel
- Demo 36" Stairs and 12" Transfer Station and replace with a 48" transfer station
- Demo and replace 72" Poly Slide and support Leg
- Remove old Grips from Grip Climber and replace with new 2 and 3-hole grips
- Demo and replace Chain Net Climber
- Demo and replace 24" ADA Steps
- Demo and Replace Double Slide SIT DOWN WALL ONL Y
- Remove and Replace ALL SWING SEATS AND
HARDWARE
- Replace missing half wall in two locations
- Use provided touch-up paint on any parts of the structure that need it.
G & G Builders, Inc 1 $25,375.00 $25,375.00
OMNIA Discount
OMNIA Partners Discount - Park Planet ID: R170304
Customer ID:
OMNIA 1 ($2,537.50) ($2,537.50)
CONT
Contingency Fee for any unforseen installation work that may be required
Park Associates dba PARK PLANET 1 $2,537.50 $2,537.50
EXCLUSIONS
Location/Marking of utility, plumbing and irrigation lines Dumpster for trash and packaging materials
Offloading and storage of equipment
Moving equipment from storage site to construction site Site preparation not specifically stated
Drainage Consideration
Inspections, material testing, or applicable permits and fees Removal of obstacles in access route
Landscape/Hardscape repair based on access route
Cleaning of structure(s) is excluded unless otherwise stated Site security including security fencing
Bonding or Special Insurance - fees may apply if required By signing below, you acknowledge and agree to our Contract; Exclusions, Conditions & Payment Terms, which are to be included in, and supersede any additional contracts or sub- contract agreements made separately based on this "Estimate".
Unless otherwise specified above we Exclude Responsibility for:
additional mobilizations due to delays or layout conflicts, conditions unforeseen and/or not disclosed at time of estimate, repairing unmarked underground utilities and pipes. Site Conditions Prior to Installation: Grades; stable, compacted, & workable (rough grade to be taken + or - one tenth of one inch), adequate access to work site provided for workmen, materials, tools & equipment. Quote assumes all labor to be completed without interruption.
ATTACHMENT B
740
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1479
CO Stockton - Park Parts - OMNIA
Description Vendor Qty Rate Amount
IF APPLICABLE:
1. Park Planet installers are not signatory to any unions and will not sign any PLA for the installation of the playground or special playground surfacing. The following supply and/or installation estimates do not include signing a PLA or paying any union labor or fees. All of the labor quoted herein will need to be excluded from a PLA agreement and union labor requirement waived by the purchasing agency, owner or District.
2. Skilled & Trained Workforce: If this project is a Lease Lease- Back, or Design-Build Project, or a contract that triggers the Skilled and Trained Workforce requirements for a Public Works project, please contact Park Planet immediately. The Following estimate for equipment and/or labor does NOT include such compliance. Park Planet and their subcontractors will NOT comply with Skilled and Trained Workforce labor and reporting.
Park Planet's portion of work (and our subcontractor's work) will need to fall within an exception or waiver to the Skilled and Trained Workforce requirements or our estimate will not be valid.
Subtotal $35,500.02
Tax Total (%) $774.36
Total $36,274.38
A PURCHASE ORDER OR SIGNED CHANGE ORDER MUST BE RECEIVED BEFORE ADDITIONAL EQUIPMENT, INSTALLATION, OR SERVICES CAN PROCEED. IF PAYING BY CREDIT CARD, A SURCHARGE WILL BE ASSESSED ON PAYMENT AMOUNT FOR 3.5% VISA/MC OR 5% AMEX.
Printed Name:__________________________________________ Title:_________________________________ Authorized Signature: __________________________________________ Date:______________________________ **Purchasing agent who is authorized to enter into binding agreement for quoted entity. **By signing this quote, I have read and agree to the quote Terms & Conditions listed below, on the following page.
ATTACHMENT B
741
Park Planet
a Division of Park Associates, Inc.
415 Elm Street
Red Bluff CA 96080
Quote# Q24-1479
CO Stockton - Park Parts - OMNIA
TERMS & CONDITIONS
1. General NotesAssembly, Installation and Offloading NOT included unless otherwise noted.
Payment and Performance bonds, Builder’s Risk and special insurance NOT included unless stated and quoted.
Customer responsible for quantities and model numbers. Revised quote needed if quantities revised.
2. Payment / OrderingCredit terms specific to each customer. See terms in upper right corner of Park Planet quotes..
Purchase orders or purchase contracts are needed to order. If none available, a signed Park Planet quote may be used in lieu of a formal PO.
All past due accounts subject to 1 ½ % monthly finance charge. In the event legal action is required to effect collection, venue shall be Red Bluff, CA.
3. Shipping / UnloadingShipped by Common Carrier – Customer will need 2 to 4 people to unload. Liftgate NOT included unless quoted. Items will be boxed and / or stretch wrapped to pallets and customer is responsible for offloading. Delivery Drivers do NOT unload.
IMPORTANT: Customer is responsible for receiving and checking quantities and condition at time of delivery Please note any shortages or damages on delivery copy.
Notwithstanding anything to the contrary in any Contract Documents, Customer understands that estimated shipment times for materials are an estimate only.
We have no control over shipment dates. We thus make no guarantee to Owner or Customer regarding the projected shipment dates for materials and shall not be liable for any loss caused by the timing of shipments.
4. Engineered Wood Fiber
Customer to provide access for Engineered Wood Fiber delivery with tractor truck and 53’ trailer.
Compaction of the Engineered Wood Fiber is NOT included in the installation cost, if desired, please request an updated proposal.
5. General Notes for Purchased Installation
Installation does NOT include ground preparation, excavation, safety surfacing, and/or safety surfacing borders, prep work, flat work, grading, rerouting of water, electric, drainage or sprinkler lines unless otherwise noted in the proposal.
Demo of existing equipment or safety surfacing is NOT included unless otherwise stated in the proposal.
ROCK CLAUSE: Pricing is based on normal soil conditions which would allow an auger on a tractor to dig footings. If rocks/boulders interfere with the progress of the excavation, additional fees may apply.
ACCESS CLAUSE: Installation based on clear access to area. Crane service is NOT included. Customer to provide access for bobcat to work area, bobcat will be provided by the installer. Minimum access shall be 7’ wide and 7’ high. If adequate access is not provided additional charges may apply and repairs to landscape and irrigation may be required. Customer is responsible for any repairs to landscape if proper access is not provided.
UTILITY CLAUSE: Unless stated in writing in the quote proposal, installation does not include marking of utilities by Dig Alert or other similar entities. Customer can, however, call Dig Alert directly. Dig Alert CANNOT locate any private lines, PVC or plastic water lines. Installation does NOT include repair or relocating any underground utilities, such as drainage, irrigation, live water lines, main low voltage lines, gas, electrical, communication, or sewer etc.
Customers responsibility to provide locations of any utilities prior to commencement of work.
Customer is responsible for all landscape repairs such as, but not limited to damaged trees, bushes, lawn, curbing, sidewalks and/or asphalt paving caused by materials truck and/or 2ton bobcat needed to complete project.
6. Temporary Fencing
Security guards and/or temporary fencing to prevent injuries, vandalism and/or accidental damage to install area or to the rubberized surface while it sets is NOT included unless noted on quote. If desired, the installers can put up caution tape, but Temporary Fencing is recommended. Although the fencing, if provided, is intended to provide this security, the overall security of the property is ultimately the responsibility of customer. We are not responsible for any vandalism or injuries even with the provision of the fencing.
7. ADA Access
Play Equipment MUST be installed over an impact absorbing surface such as ADA compliant Engineered Wood Fiber or Rubber Surfacing. If not quoted, please call for details.
This area is NOT ADA compliant without the installation of compliant surfacing and an accessible route up to and into the playground area. Please call for details.
8. Poured in Place Rubber Surfacing
Rubber Surfacing cannot be installed during extreme weather conditions and may not be installed if rain or frost is forecasted during 48-72 hr. cure time. 24 Hour Manned Security is NOT included in Park Planet quotes.
9. Shade Shelters (non DSA)
Shade Shelter installation price EXCLUDES – unless otherwise stated in this quote engineering, drawings, calculations, permits, permit submittal, site plans, special inspections, soil reports, impact fees, special assessment fees. Customer is responsible for any and all of these items if required by the City/County.
PLEASE NOTE: Shade Orders are NOT released into production until permit is issued! Shade Shelter installation price EXCLUDES concrete pad, footings, masonry columns, electrical wiring and lights unless otherwise noted.
10. Shade Shelters (DSA)
Fabrication cannot begin until AFTER DSA approval by your architect DSA in-plant Welding Inspector to be hired by the School District. Welding Inspector fee has NOT been quoted.
School District / Architect responsible for submission of plans to DSA for DSA approval Pricing does NOT include footings, steel cages, anchor bolts, or erecting of shade shelter unless otherwise noted.
11. Prevailing Wages – assumed and quoted unless specifically excluded due to private works.
Park Planet does not meet the Skilled & Trained Workforce Requirements and will not participate in same. Park Planet will not sign any PLA's for Union Work and is not signatory to any unions.
12. Indemnity Provision
Notwithstanding anything to the contrary in any Contract Documents we shall have no duty to defend or indemnify Owner, Customer, or any other party we agree to defend or indemnify in any Contract Documents for that portion of any claim arising out of the comparative fault of any party we agree to defend or indemnify in any Contract Documents.
ATTACHMENT B
742
City of Stockton
Legislation Text
File #: 24-0322, Version: 1
THE FISCAL YEAR 2024-25 PROJECT LIST FOR THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 (SB1) AND SUBMITTAL OF REPORTS TO THE CALIFORNIA TRANSPORTATION
COMMISSION
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Fiscal Year 2024-25 project list for the Road Repair and Accountability Act of 2017 (SB1).
2. Approve submittal of reports to the California Transportation Commission related to the Road Repair and Accountability Act of 2017 (SB1).
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
Adoption of the proposed resolution allocates an estimated $8,278,001 in new funding to local street resurfacing; curb, gutter, sidewalk, and curb ramp repairs; LED streetlight conversion; streetlight pole replacement; and street re-striping. On April 28, 2017, the Governor signed Senate Bill 1 (SB1), known as the Road Repair and Accountability Act of 2017. SB1 funding provides for basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and road systems. The California Transportation Commission (CTC) is responsible for oversight of funding and/or programs created with the approval of SB1.
SB1 funds the Road Maintenance and Rehabilitation Account (RMRA) Program. The CTC adopted guidelines that require agencies to submit a list of eligible RMRA projects by July 1 of each fiscal year. The Fiscal Year (FY) 2024-25 RMRA funding allocation for the City is estimated at $8,278,001.
Staff recommends that funding be allocated to local street resurfacing; curb, gutter, sidewalk, and curb ramp repairs; streetlight pole replacement, street furniture painting, and street re-striping.
Specific locations within these project categories are selected by utilizing a variety of data resources and analysis methods. Street resurfacing locations are selected based on pavement condition data and cost/benefit analysis utilizing the City’s pavement management system (PMS). Curb, gutter, sidewalk, and curb ramp repair locations are prioritized in chronological order, based on the date of the original customer service request. Selected residential streetlights with high-pressure sodium streetlights will be replaced with LED streetlight fixtures. Streetlight poles that are found to be oxidized will be replaced. Re-stripe of worn traffic striping along arterial and collector streets will be done as funding allows.
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File #: 24-0322, Version: 1
The recommended action approves the allocation of available funding for the projects listed in Exhibit 1 to the Resolution. The projects are included in the proposed FY 2024-25 Capital Improvement Plan (CIP). The projects are anticipated to be advertised for construction bids by late 2024, with most of the construction activity to be undertaken in 2025, weather permitting.
DISCUSSION
Background
On April 28, 2017, the Governor signed SB1, known as the Road Repair and Accountability Act of 2017. SB1 funding provides basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and road systems. The CTC is responsible for oversight of funding and/or programs created with the approval of SB1.
SB1 provides funding for the RMRA Program. Other programs include the Local Partnership Program, the Active Transportation Program, State Highway Operation and Protection Program, and Local Streets and Roads Program. The RMRA funding is part of the City’s overall Gas Tax allocation; however, RMRA funds can only be expended on projects that meet eligibility criteria and have been approved by the CTC. RMRA funds are accounted for and reported separately from the regular Gas Tax funds.
At its June 2017 meeting, the CTC adopted programmatic guidelines which set forth the process and procedures for using the RMRA funding. The guidelines are intended to provide guidance and ensure accountability of funding invested in public projects.
An estimated $8.0 million in SB1 RMRA Program funding was allocated to the City for FY 2023-24 as approved by Council on May 2, 2023, by Resolution No. 2023-05-02-1211. An update on the delivery of the FY 2023-24 projects is included in Attachment A.
Present Situation
In accordance with the program guidelines, each agency is required to submit a list of eligible RMRA projects to the CTC by July 1 of each year. The criteria for eligible projects include road maintenance and rehabilitation, safety initiatives, railroad grade separations, complete street components, and traffic control improvements. The funds cannot be used for general miscellaneous transportation maintenance operations.
Funding for the City is estimated to be $8,278,001 for FY 2024-25. Staff recommends that the project funding be allocated to the following local street resurfacing; curb, gutter, sidewalk, and curb ramp repairs; residential streetlight fixture replacement; streetlight pole replacement; and City street re- striping projects:
· Local Street Resurfacing - Install approximately 40 centerline miles of resurfacing treatments on local roadways Citywide ($5,678,001). The City’s PMS is used to determine which specific roadway segments should be included. The system analyzes variables such as current pavement condition and projected traffic load to forecast how roadway segments will decline over time. The forecasts are used to evaluate the cost and benefit of repair options and City of Stockton Printed on 5/8/2024Page 2 of 4
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File #: 24-0322, Version: 1
identify the optimal pavement resurfacing plan. The current pavement condition is numerically represented by the pavement condition index (PCI), which is calculated for each roadway segment utilizing a nationally standardized method. A PCI rating of 100 means the street is in perfect condition. A zero means the road has no functioning surface. Resurfacing work consists of either slurry seal resurfacing, micro-surfacing, cape seal, or an asphalt overlay. A cost-effective method of maintaining streets is to provide treatment for streets that are in fair to good condition (PCI ratings near or above 70). The preservation of streets in this condition is critical, as rehabilitation costs rise exponentially as pavements deteriorate. Examples of project locations include:
· Lincoln Road from Pershing Avenue to Alexandria Place - PCI/58 · Concord Avenue from Walnut Street to Bedford Road - PCI/2 · Delhi Avenue from El Dorado Street to French Camp Road - PCI/40 · Hunter Street from Martin Luther King Jr Boulevard to 2 nd Street - PCI/34
· Prado Way from Lan Ark Drive to cul-de-sac past Segovia Lane - PCI/48 The City’s current overall PCI for the entire network is approximately 64 (on a 0 to 100 scale).
Continued allocation of a significant portion of RMRA funds to pavement resurfacing is expected to result in incremental progress toward the City’s long-term goal of an overall network PCI of 70.
· Curb, Gutter, Sidewalk, and Curb Ramp - Remove and replace City tree-damaged curb, gutter, and sidewalk and update curb ramps at approximately
120 (75 sidewalk and 45 curb ramps)
locations Citywide ($1,550,000). The City regularly receives requests for the repair of curbs, gutters, and sidewalks and the installation of curb ramps. Each request is evaluated to determine if the repair is the City’s responsibility. If repairs are warranted, the location is added to a database for future permanent repairs. For sidewalk locations that need immediate correction, the temporary repair is made using asphalt concrete material to patch the displaced area to remove the tripping hazard. Permanent repairs are made as funding becomes available and are prioritized in chronological order, based on the date of the original service request.
· Street Furniture Painting - Repaint streetlight poles, railings, and other street furniture to prolong the useful life and aesthetics of the asset ($250,000). · City Street Re-striping - Re-stripe worn traffic striping along arterial and collector streets ($300,000).
· Bridge Maintenance Program - The project will cover routine bridge maintenance that would not be funded with Federal-Aid Highway Program funding. Routine bridge maintenance is defined as regularly scheduled activities that maintain bridge components in their present or intended condition ($500,000).
The CTC established a standardized project submission form, and the list of projects to be submitted to the CTC in the required format is attached as Exhibit 1 to the Resolution. The FY 2024-29 CIP will include the budget for the estimated $8,278,001 in FY 2024-25 SB1 RMRA funding. These projects City of Stockton Printed on 5/8/2024Page 3 of 4
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File #: 24-0322, Version: 1
are anticipated to be advertised for construction bids by late 2024, with most of the construction activity to be undertaken in 2025, weather permitting.
RMRA funding is estimated to be relatively the same in FY 2025-26 at approximately $8.0 million.
Expenditure of these funds will be programmed to specific projects in the FY 2025-30 CIP, with separate approval by Council prior to July 1, 2025.
FINANCIAL SUMMARY
The total RMRA funding is estimated to be $8,278,001 for FY 2024-25. The FY 2024-29 CIP will include the appropriation for the estimated $8,278,001 in FY 2024-25 SB1 RMRA funding as follows:
· Local Street Resurfacing, Project No. WD25003, in the amount of $5,678,001. · Curb, Gutter, Sidewalk, and Curb Ramp Repairs, Project No. WD25004, in the amount of $1,550,000.
· Street Furniture Painting, Project No. WD25008, in the amount of $250,000. · City Street Re-Striping, Project No. WD25009, in the amount of $300,000. · Bridge Maintenance Program, Project No. WT23010, in the amount of $500,000.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - RMRA Project List FY 2023-24
City of Stockton Printed on 5/8/2024Page 4 of 4
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ATTACHMENT A
City: Stockton
County: San Joaquin
Legistlative District: Assembly 13; Senate 5
Average PCI: 64
Year of PCI Measurement: 2021
PROJECT
NUMBER DESCRIPTION LOCATION CONSTRUCTION
START DATE
ESTIMATED
USEFUL LIFE
FUNDING
ALLOCATED
Local Street Resurfacing FY 23‐24 SB1 WD24003
Includes projects to provide approximately 45
centerline miles of various types of resurfacing
treatments
Street segments within City Council Districts 1, 2, 3, 4, 5, and 6 will be resurfaced. Final street segments will be reported upon completion in the expenditure report. City Council District map can be found at the following
link:http://stocktongov.com/files/councilmap.pdf
Anticipated Spring
2024 5‐7 years 4,550,000.00$
Sidewalk, Curb, and Gutter, and Curb Ramp Repairs FY 23‐24 SB1 WD24004 Includes removal and replacement of City
tree‐damaged curb, gutter, sidewalk, and
construction of curb ramps
Damaged curb, gutter, and sidewalk will be replaced,
and wheelchair ramps will be constructed within City
Council Districts 1, 2, 3, 4, 5, and 6. Final locations will be reported upon completion in the expenditure report.
City Council District map can be found at the following link:http://stocktongov.com/files/councilmap.pdf
Anticipated Spring
2024 50 years 1,550,000.00$
Streetlight Pole Replacement FY 23‐24 SB1 WD24006
Replace streetlight poles that are oxidized and
replace streetlight foundations with damaged
anchor bolts as needed
Streetlight poles and foundations will be replaced within City Council Districts 1, 2, 3, 4, 5, and 6. Final locations will be reported upon completion in the expenditure report.
City Council District map can be found at the following link:http://stocktongov.com/files/councilmap.pdf
Anticipated Spring
2024 50 years 1,095,909.00$
City Street Re‐Striping FY 23‐24 SB1 WD24009 Re‐stripe worn traffic striping along arterial and collector streets
Street segments within City Council Districts 1, 2, 3, 4, 5, and 6 will be re‐striped. Final street segments will be reported upon completion in the expenditure report. City Council District map can be found at the following
link:http://stocktongov.com/files/councilmap.pdf
Anticipated Spring
2024 5‐7 years 300,000.00$
WT23010
This project will maintain City bridges that are
not included in the federal Highway Bridge
Replacement and Rehabilitation (HBRR)
program
Bridges within City Council Districts 1, 2, 3, 4, 5, and 6 will be evaluated. Project locations will be reported upon completion in the expenditure report. City Council District map can be found at the following link:http://stocktongov.com/files/councilmap.pdf Anticipated Spring
2024 7‐10 years 500,000.00$
TOTAL SB1 RMRA FUNDING ALLOCATED FOR FY 2023‐2024 7,995,909.00$ ROAD MAINTENANCE AND REPAIR ACCOUNT (RMRA) PROJECT LIST FOR FISCAL YEAR 2023‐24 PROJECT NAME
Bridge Maintenance Program
747
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE FISCAL YEAR 2024-25 PROJECT LIST FOR TH E ROAD REPAIR AND ACCO UNTABILITY ACT OF 20 17 (SB1) AND SUBMITT AL OF
REPORTS TO THE CALIFORNIA TRANSPORTATION COMMISSION
On April 28, 2017, the Governor signed Senate Bill 1 (SB1), known as the Road Repair and Accountability Act of 2017. SB1 funding provides for basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and road systems; and
The California Transportation Commission (CTC) is responsible for oversight of funding and/or programs created with the approval of SB1; and
SB1 provides funding for the Road Maintenance and Rehabilitation Account (RMRA) Program. The RMRA funding is part of the City’s overall Gas Tax allocation; however, RMRA funds can only be expended on projects that meet eligibility criteria and have been approved by the CTC; and
The Fiscal Year (FY) 2024-25 RMRA funding allocation for the City is estimated to be $8,278,001; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the FY 202 4-25 project list for the Road Repair and Accountability Act of 2017 (SB1), in the amount of $8,278,001, a copy of which is attached as Exhibit 1, incorporated by reference.
2. The City Council authorizes the Public Works Director or his/her designee to submit all necessary reports to the CTC related to the Road Repair and Accountability Act of 2017 (SB1).
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748
3. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED May 14, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
749
EXHIBIT 1
City: Stockton
County: San Joaquin
Legistlative District: Assembly 13; Senate 5
Average PCI: 64
Year of PCI Measurement: 2021
PROJECT
NUMBER DESCRIPTION LOCATION CONSTRUCTION
START DATE
ESTIMATED
USEFUL LIFE
FUNDING
ALLOCATED
WD25003
Includes projects to provide
approximately 40 centerline miles
of various types of resurfacing
treatments
Street segments within City Council Districts 1, 2, 3, 4, 5, and 6 will be resurfaced. Final street segments will be reported upon completion in the expenditure report. City Council District map can be found at the following link:
https://cms3.revize.com/revize/stockton/Documents/Services/Map s%20&%20GIS%20Data/Printable%20Maps/CouncilMap.pdf
Anticipated Spring
2024 5-7 years 5,678,001.00$
WD25004
Includes removal and replacement
of City tree-damaged curb, gutter,
sidewalk, and construction of curb
ramps
Damaged curb, gutter, and sidewalk will be replaced, and wheelchair ramps will be constructed within City Council Districts 1, 2, 3, 4, 5, and 6. Final locations will be reported upon completion in the expenditure report. City Council District map can be found at the following link:
https://cms3.revize.com/revize/stockton/Documents/Services/Map s%20&%20GIS%20Data/Printable%20Maps/CouncilMap.pdf
Anticipated Spring
2024 50 years 1,550,000.00$
WD25008
Repaint streetlight poles, railings,
and other street furniture to
prolong the useful life and
aesthetics of the asset
Street furniture within City Council Districts 1, 2, 3, 4, 5, and 6 will be re-striped. Final locations will be reported upon completion in the expenditure report. City Council District map can be found at the following link:
https://cms3.revize.com/revize/stockton/Documents/Services/Map s%20&%20GIS%20Data/Printable%20Maps/CouncilMap.pdf
Anticipated Spring
2024 7-10 years 250,000.00$
WD25009 Re-stripe worn traffic striping
along arterial and collector streets
Street segments within City Council Districts 1, 2, 3, 4, 5, and 6 will be re-striped. Final street segments will be reported upon completion in the expenditure report. City Council District map can be found at the following link:
https://cms3.revize.com/revize/stockton/Documents/Services/Map s%20&%20GIS%20Data/Printable%20Maps/CouncilMap.pdf
Anticipated Spring
2024 5-7 years 300,000.00$
WT23010
This project will maintain City
bridges that are not included in the
federal Highway Bridge
Replacement and Rehabilitation
(HBRR) program
Bridges within City Council Districts 1, 2, 3, 4, 5, and 6 will be evaluated. Project locations will be reported upon completion in the expenditure report. City Council District map can be found at the following link:
https://cms3.revize.com/revize/stockton/Documents/Services/Map s%20&%20GIS%20Data/Printable%20Maps/CouncilMap.pdf
Anticipated Spring
2024 7-10 years 500,000.00$
8,278,001.00$ TOTAL SB1 RMRA FUNDING ALLOCATED FOR FY 2024-2025 ROAD MAINTENANCE AND REPAIR ACCOUNT (RMRA) PROJECT LIST FOR FISCAL YEAR 2024-25
PROJECT NAME
Bridge Maintenance Program
Local Street Resurfacing FY 24-25 SB1
Sidewalk, Curb, and Gutter, and Curb
Ramp Repairs FY 24-25 SB1
City Street Re-Striping FY 24-25 SB1
Street Furniture Painting FY 24-25 SB1
750
City of Stockton
Legislation Text
File #: 24-0345, Version: 2
ADOPT RESOLUTION TO AUTHORIZE A COOPERATIVE PURCHASE AGREEMENT FOR THE
VAN BUSKIRK PARK PLAYGROUND SURFACE PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Appropriate funds in the amount of $177,952 from the California Department of Parks and Recreation Statewide Park Program to the Van Buskirk Park Playground Surface, Project No.
WP22029.
2. Approve the use of a Cooperative Purchase Agreement through OMNIA Partners Contract No.
R230202, to provide the City preferential pricing from Robertson Industries, Inc.
3. Authorize a contract with Robertson Industries, Inc. of Tempe, AZ, in the amount of $133,207.04 for the renovation of the Van Buskirk Park Playground Surface, Project No.
WP22029.
4. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The project will repair and replace the fall surfacing at Van Buskirk Park Playground. Portions of the surfacing are worn, and other areas have been damaged by intentionally set fires. Funding for this repair was granted by the California Department of Parks and Recreation Statewide Park Program (General Per Capita Program). On December 14, 2021, by Resolution No. 2021-12-14-1208, Council approved the application for funding.
It is recommended that Council adopt a resolution authorizing the City Manager to execute a Cooperative Purchase Agreement (COOP) through OMNIA Partners for the renovation of the Van Buskirk Park Playground fall surfacing with Robertson Industries, Inc. of Tempe, AZ, in the amount of $133,207.04.
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File #: 24-0345, Version: 2
DISCUSSION
Background
The Public Works Department provides and maintains playground equipment at 59 parks and open space locations throughout the City. Staff inspects playground equipment on a regular basis and arranges for repairs and replacements of deteriorated or vandalized components as funding becomes available. Van Buskirk Park features rubberized fall surfacing to accommodate children of all abilities and is an all-access structure for children in wheelchairs. The playground was installed in 2006. The surfacing has normal wear and tear as well as damage from intentionally set fires.
The City successfully applied for funding for the renovation of the Van Buskirk Park Playground fall surfacing under the General Per Capita Program.
Present Situation
OMNIA Partners is a national cooperative procurement organization that offers publicly solicited contracts to government entities nationwide. OMNIA Partners serves a variety of government and non-profit organizations. The use of a COOP streamlines administrative costs and procedures and takes advantage of volume purchasing while maintaining the integrity of the competitive bidding process.
The use of these contracts is optional and is available to California State and local government agencies. OMNIA Partners has a contract with Robertson Industries, Inc. for the purchase and installation of playground fall surfacing.
The quotes for playground fall surfacing installation available through OMNIA Partners’ contract meet the City’s requirements for this type of equipment. By utilizing this type of COOP, administrative costs are reduced because OMNIA Partners obtains low bids for volume purchasing, and local agencies avoid the expense associated with conducting the bid process. Staff time and associated costs are minimized.
Public Works’ staff conducted several quote requests from play manufacturers for play surfacing renovation and found that all exceeded the grant funding received for this project. Through the COOP with OMNIA Partners, Robertson Industries, Inc. can provide a turn-key project under the grant amount.
It is recommended that Council adopt a resolution authorizing the City Manager to execute a COOP through OMNIA Partners for the renovation of the Van Buskirk Park Playground fall surfacing with Robertson Industries, Inc. of Tempe, AZ, in the amount of $133,207.04 (Exhibit 1 of the Proposed Resolution).
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bid process.
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File #: 24-0345, Version: 2
These findings include:
1. OMNIA Partners established a COOP with Robertson Industries, Inc. for the purchase and repair of playground surfacing.
2. The Robertson Industries, Inc. COOP was established pursuant to a formal competitive bidding process conducted by OMNIA Partners on behalf of its governmental members, of which the City is one.
3. Taking advantage of the leveraged procurement agreement negotiated by OMNIA Partners will save the administrative expense of City staff conducting a separate procurement.
4. The bid specification used by OMNIA Partners has been assessed as compatible with the City’s standards.
FINANCIAL SUMMARY
With the appropriation of State funds per the General Per Capita Program Grant contract approved by Resolution No. 2021-12-14-1208, there will be sufficient funding in the Van Buskirk Park Playground Surface, Project No. WP22029, to award a COOP with Robertson Industries, Inc. in the amount of $133,207.04.
There is no impact to the City’s General Fund or any other unrestricted funds as a result of taking this recommended action.
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753
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION A PPROVING A COOPERATIVE PURCHASE AGREEMENT AND
APPROPRIATING FUNDS FOR THE VAN BUSKIRK PARK PLAYGROUND SURFACE, PROJECT NO. WP22029
Van Buskirk Park features rubberized fall surfacing to accommodate children of all abilities and is an all -access structure for children in wheelchairs . The playground was installed in 2006. The surfacing has normal wear and tear, as well as damage from intentionally set fires; and
The City successfully applied for funding for the renovation of the Van Buskirk Park playground fall surfacing under the California Department of Parks and Recreation Statewide Park Program; and
OMNIA Partners is a national cooperative procurement organization that offers publicly solicited contracts to government entities nationwide. OMNIA Partners serves a variety of government and non -profit organizations. The use of a Cooperative Purchase Agreement (COOP) streamlines administrative costs and procedures and takes advantage of volume purchasing while maintaining the integrity of the competitive bidding process; and
OMNIA Partners has a contract with Robertson Industries, Inc. for the purchase and install ation of playground fall surfacing. The quotes for playground fall surfacing installation available through OMNIA Partners’ contract meet the City’s requirements for this type of equipment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the appropriation of funds in the amount of $177,952 from the California Department of Parks and Recreation Statewide Park Program to the Van Buskirk Park Playground Surface, Project No. WP22029.
2. The City Council approves the use of a Cooperative Purchase Agreement through OMNIA Partners Contract No. R230202, to provide the City preferential pricing from Robertson Industries, Inc.
3. The City Council authorizes a contract in the amount o f $133,207.04 with Robertson Industries, Inc. for the renovation of the Van Buskirk Park Playground Surface, Project No. WP22029, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.
754
4. The City Council approves the following findings in support of an exception to the competitive bid process pursuant to Stockton Municipal Code (SMC) section
3.68.070:
a. OMNIA Partners established a COOP with Robertson Industries, Inc. for the purchase and repair of playground surfacing.
b. The Robertson Industries, Inc. COOP was established pursuant to a formal competitive bidding process conducted by OMNIA Partners on behalf of its governmental members, of which the City is one.
c. Taking advantage of the leveraged procurement agreement negotiated by OMNIA Partners will save the administrative expense of City staff conducting a separate procurement.
d. The bid specification used by OMNIA Partners has been assessed as compatible with the City’s standards.
5. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED May 14, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
755
1 (Rev. 9.30.22)
COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:
1. Cooperative/Piggyback
Name:
OMNIA Partners
2. Contractor: Robertson Industries, Inc.
3. Cooperative Agency
Agreement Name and
Agreement Number:
#R230202,
Playground and Recreational Surface
Products and Services.
4. Cooperative Agency Initial
Agreement Term:
Start Date: 7/1/2023
End Date: 6/30/2026
5. Cooperative Agency’s
Agreement-Options to
extend:
Two additional years
6. Cooperative Agency
Amended Term:
N/A
7. Cooperative Agency
Remaining Options to
Renew:
N/A
8. City of Stockton
Cooperative Purchase
A
greement Term:
Start Date: May 14, 2024
End Date: June 30, 2026
9. City of Stockton
Cooperative/ Piggyback
Purchase Agreement
Amount:
Not to Exceed $133,207.04 for the term of the
Agreement.
AGREEMENT
The City of Stockton, a California munici pal corporation on behal f of itself and its
associated entities ("City") , and the above-named Contractor (“Contractor”), do hereby agree that City shall be grant ed the pricing, terms, and conditions under the above referenced #R230202, Playground and Recreati onal Surface Products and Services. (“COOP”) as such may be ame nded from time to time. The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City Cooperative/Piggyback Purchase Agreement (“Agreement”).
EXHIBIT 1
756
2 (Rev. 9.30.22)
Contractor shall grant such pricing, terms, and conditions to City for all procurements of goods and services, whether taking place on a City purchase order , purchasing card (credit card), or other purchasing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location.
1. Agreement Term: The Term of this Agreement shall remain in effect from date of the signing of this Ag reement through June 30, 2026 unless terminated earlier by the City. If the Cooperative/Piggyback Agency extends the COOP with Contractor by a written amendment, the City has the opti on to extend the term of this Agreement by written amendment not to go beyond the term stated in the COOP fully executed amendment.
2. Insurance and Hold Harmless: In addition to the prici ng, terms and conditions stated in the COOP and the associated docu ments incorporated herein as Exhibit A, Contractor shall, at Contra ctor’s sole cost and expense and for the full term of the Agreement or any extension thereof, obtain and maintain at least all the insurance requirements listed in attached Exhibit B.
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, ex pense, costs (includi ng without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement
.
3. Compensation: City and Contractor do hereby enter into this Agreement for recreational fall surfacing available in the above-nam ed COOP and associated documents incorporated herein as Exhibit A and referenced in the attached quote Exhibit C. In no way, shall payment to the Contractor during the term of this Agreement exceed $133,207.04 for the purchase of recreational fall surfacing. Any person signing this Agreement on behalf of City or Contractor does warrants that he or she has full authority to do so.
4. 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 Distric t Court of California, Eastern
District, Sacramento Division.
5. Applicable Law. Deliverables must conform
with all applicable federal, state, and
local laws. Such co
nformity 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
757
3 (Rev. 9.30.22)
This Agreement may be amended only by a written amendment, c onsistent with the COOP, signed by Contractor and City.
CITY OF STOCKTON ROBERTSON INDUSTRIES, INC.
By: __________________________
Harry Black, City Manager Signature
Date:_________________
___
____________________________
P r i n t n a m e
ATTEST: Titl
e: ________________________
_____________
_______________ [If Contractor is a corporation, signatures must Eliza R. Garza CMC, City Clerk comply with Corporations Code §313] APPROVED AS TO FORM:
By: __________________________
___________________________ Signature
Lori Asuncion, City Attorney
__________________________
Print name
Title: _______________________
EXHIBIT 1
758
To: Dr. Pam Wells
Executive Director
From: Robert
Zingelmann
Chief Financial Officer, Finance and Operations Services Date: July
3, 2023
Re: Playground and Recreational Surface Products and Services; RFP #23-02 The Evaluat
ion Committee has reviewed the responses and recommend that the following companies be awarded:
• Perfect
Turf
• Robertson Recreational Surfaces
The recommended v
endors submitted offers that were determined to be most advantageous to OMNIA Partners, Public Sector members, based upon the bid tabulation.
All the recommended respondents were determined to be competitively priced and strong for the specified services outlined in the RFP.
We believe al
l recommended vendors demonstrate the ability to provide and perform the services requested in the proposal. We will monitor their performance and determine at the end of each year if they are eligible for renewal with each new term.
This mult
iple award is recommended as most advantageous as it limits contract awards to the least number of suppliers necessary to meet the requirements of OMNIA Partners, Public Sector members. In order to serve the enti re nation, a multiple award is recommended to provide any governmental agency with complete coverage of commodities, services and any other offering within the scope of proposal.
Please let
me know if you have any questions.
EXHIBIT 1
759
Playground and Recreational Surface
Products and Services
July 3, 2023
Mr. Tom DiScipio
[email protected]
Vice President of Installations
Robertson Recreational Surfaces
2414 W 12th St #5
Tempe, Arizona 85281
Re: Award of Contract #R230202
Dear Mr. DiScipio:
Per official action taken by the Board of Directors of Region 4 Education Service Center on June 27, 2023, we are pleased to announce that Robertson Recreational Surfaces has been awarded an annual contract for the following, based on the sealed proposal (RFP #23-02) submitted on March 2, 2023:
Commodity/Service Supplier
This contract is effective July 1, 2023, and will expire on June 30, 2026. As indicated above, your contract # is R 230202. This contract may be renewed annually for an additional two (2) years if mutually agreed upon by Region 4 ESC/ OMNIA Partners, Public Sector and Robertson Recreational Surfaces.
Your participation in the proposal process is appreciated and we look forward to a successful partnership. Please feel free to provide copies of this letter to your sales representative(s) to assist in their daily course of business.
If you have any questions, please contact Fred Flores, the Contract Manager assigned to your contract, at (713) 554-0494 or [email protected].
Sincerely,
Robert Zingelmann
Chief Financial Officer, Finance and Operations Services Robertson Recreational Surfaces
DocuSign Envelope ID: F97BCF10-B388-4E80-AAAB-70E50AD26EC8 EXHIBIT 1
760
PL
AYGROUND AND RECREATIONAL SURFACE PRODUCTS AND SERVICES Executive Summary
Lead Agency: Region 4 Education Service Center Solicitation: 23-02 RFP Issued: January 26, 2023 Pre-Proposal Date: February 9, 2023 Response Due Date: March 2, 2023 Proposals Received: #3
Awarded to: Robertson Recreational Surfaces
Region 4 Education Service Center issued RFP 2 3-02 on January 26, 2023, to establish a national cooperative contract for Playground and Recreational Surface Products and Services.
Overview -
• Playground and Recreational Surface Products and Services . Each Awarded Offeror may offer their complete product and service offering, or balance of line. • Should an Awarded Offeror utilize distributors , dealers, and/or subcontractor , Participa ting Public Agencies may choose to issue work directly to the distributor, dealer, or subcontractor if allowed by the Awarded Offeror and Participating Public Agency.
Cooperative Language -
The solicitation included cooperative purchasing language in Section I. Scope of Work and Appendix D:
Region 4 ESC, as the Principal Procurement Agency, defined in APPENDIX D, has partnered with OMNIA Partners, Public Sector (“OMNIA Partners”) to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non -profit en tities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. Region 4 ESC is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”) and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of a Master Intergovernmental Cooperative Purchasing Agreement, a form of which is attached hereto on APPENDIX D, or as otherwise agreed to. APPENDIX D contains additional information about OMNIA Partners and the cooperative purchasing program.
EXHIBIT 1
761
Ad
vertisement -
Notice of the solicitation was sent to potential offerors, as well as advertised in the following:
• Region 4 Education Service Center website
• OMNIA Partners website
• USA Today, nationwide
• Arizona Business Gazette, AZ
• San Bernardino Sun, CA
• Honolulu Star-Advertiser, HI
• The Advocate – New Orleans, LA
• New Jersey Herald, NJ
• Times Union, NY
• Daily Journal of Commerce, OR
• The State, SC
• Houston Community Newspapers, Cy Creek Mirror, TX
• Deseret News, UT
• Richmond Times, VA
• Seattle Daily Journal of Commerce, WA
• Helena Independent Record, MT
• Kennebec ME Journal
Socio-economic Outreach -
To encourage participation of small businesses, minority owned businesses and women owned businesses, Texas Historically underutilized Businesses were notified of the Request for Proposal.
Procurement Details -
On March 2, 2023 proposals were received from the following offerors:
• Perfect Turf
• Robertson Recreational Surfaces
• Softline Solutions
The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee elected to enter into negotiations wit h Robertson Recreational Surfaces and proceeding with contract award upon successful completion of negotiations.
Geographic Preferences: No geographic preferences were included in the evaluation of the responses.
Region 4 Education Service Center, OMNIA Partners, and Robertson Recreational Surfaces negotiated a contract, and Region 4 Education Service Center executed the agreement with a contract effective date of July 1, 2023.
Solutions include (but are not limited to):
• Poured in Place (PIP) Rubber Safety Surfacing
• Interlocking Rubber Safety Tiles
• Synthetic Turf Safety Surfacing
• Bonded Rubber Safety Surfacing
EXHIBIT 1
762
• Eng
ineered Wood Fiber Safety Surfacing
• Loose-Fill Rubber Nuggets/Mulch Safety Surfacing
• Loose-Fill Shredded Rubber Safety Surfacing
• Aquatic & Splash Pad Surfacing
• Rubber & Pea Gravel Walking Trail Surfacing
• Rubber & Pea Gravel Sport Court Surfacing
• Rubber Walking Trail Surfacing
• Maintenance & Repair Services
o Pressure Washing
o Tot Turf ReFresh Roll Coats
o PIP Repairs
o Tot Turf ReNew
o Bonded Rubber Roll Coats & Repairs
o Synthetic Turf Maintenance
o Rubber Tile Maintenance – Replacement
o Aquatic Surfacing Roll Coats & Repairs
o Sport Court Surfacing Roll Coats & Repairs
o Walking Trail Surfacing Roll Coats & Repairs
• Related Products & Services:
o Color & Material Upgrades
o Design and Layout
o Tough Mobilization & Staging/Access – Podium and above ground installations o Temporary Chain-Link Fencing for duration of project
o Remove and properly dispose of existing surfacing materials o Construction appropriate drainage system
o Construct Curbing/Borders
o Furnish and install an appropriate subbase including compaction of native soil o Tot Turf Advantage (High Density inserts) and PIP and Tiles o Extended Warranty
o Overnight Security
o HIC/Gmax Testing
Federal Funds Certifications -
The Supplier provided federal funds certifications. The signed federal certifications and contract provisions can be found in Exhibit F of the Supplier’s response, incorporated by reference into the Master Agreement, available on the OMNIA Partners website for review.
EXHIBIT 1
763
Term -
Initial three-year agreement from July 1, 2023 through June 30, 2026 with the option to renew for two (2) additional one-year periods through June 30, 2028 The anticipated full term of the contract is five (5) years.
The Co
ntractor shall have the right to enter local “service” agreements with Participating Public Agencies accessing the contract through OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of the Contract. All local agreements may have a full potential term (any combination of initial and renewal periods) not to exceed five years. Any tasks or project agreements executed against this Master Agreement during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by both parties.
Pricing/Discount -
Available Upon Request.
EXHIBIT 1
764
Solicitation 23-02:
Playground and Recreational
Surface Products and
Services
Issued by: Region 4 Education Service Center
EXHIBIT 1
765
7145 West Tidwell Road ~ Houston, Texas 77092
(713)-462-7708
www.esc4.net
NOTICE TO OFFEROR
Solicitation Number 23-02
Request for Proposal (“RFP”)
By
Region 4 Education Service Center (“ESC”)
for
Playground and Recreational Surface Products and Services SUBMITTAL DEADLINE: Thursday, March 2, 2023, 2:00 PM CENTRAL TIME
Questions regarding this RFP must be submitted in writing to Crystal Wallace, Business Operations Specialist, at [email protected] no later than Friday, Fe
bruary 10, 2023. All questions and answers will be posted to https://www.esc4.net/services/purchasing/region-4-omnia-solicitations. Offerors are responsible for viewing the website to review all questions and answers prior to submitting proposals. Oral communications concerning this RFP shall not be binding and shall in no way excuse an Offeror of the obligations set forth in this proposal.
Propos
als must be sealed, prominently marked with the RFP solicitation number, RFP title, RFP opening time/date and name of Offeror. Submissions must be received by the Region 4 ESC office at: 7145 West Tidwell Road, Houston, TX 77092 no later than 2:00 p.m. central time. Proposals received prior to the submittal deadline will be time-stamped upon receipt and kept secure and unopened. At the submittal deadline, Region 4 ESC will collect all proposals received before the deadline in the room designated for the proposal opening. Proposals will be opened and recorded publicly. Any proposal received later than the specified time, whether delivered in person, courier or mailed, will not be considered. Late proposals will be returned to sender unopened.
VIRTUAL ONLY NON-MANDATORY PRE-PROPOSAL CONFERENCE
Offerors are strongly encouraged, but not required to participate in a pre-proposal conference with the Business Operations Specialist, which will be held on Thursday February 9, at 10:00 am. To attend the conference, potential Offeror must notify Crystal Wallace, Business Operations Specialist, at [email protected], by Wednesday February 8, 2023 . Offeror’s who anticipate attending the pre- proposal conference and send notification will receive an email with call instructions prior to the date and time of the pre- proposal conference.
The purpose of this conference is to clarify the contents of this RFP in order to prevent any misunderstanding of Region 4 ESC’s position. Any doubt as to the requirements of this RFP or any apparent omission or discrepancy should be presented to Region 4 ESC at this conference. Region 4 ESC will then determine the appropriate action necessary, if any, and may issue a written addendum to the RFP. Oral statements or instructions will not constitute an addendum to this RFP.
Publ
ication Date: January 26, 2023
EXHIBIT 1
766
I. SCOPE OF WORK
Region 4 Education Service Center (“Region 4 ESC”) requests proposals from qualified suppliers with the intent to enter into a Contract for Playground and Recreational Surface Products and Services. Region 4 ESC is seeking a provider that has the depth, breadth and quality of resources necessary to complete all phases of the Contract. Awarded Offeror(s) shall deliver products and services under the terms of this agreement. Participating Public Agencies may be seeking to fund products, services, and solutions through capital and operational cost avoidance methods. While this solicitation specifically covers Playground and Recreational Surface Products and Services, each awarded Offeror may offer their complete product and service offering, or balance of line. Region 4 ESC reserves the right to accept or reject any or all balance of line items offered.
Region 4 ESC is an education service center established by the Texas Legislature in 1967 to assist school districts and charter schools in improving efficiencies. Region 4 serves a seven- county area comprised of 47 public school districts and 40 open-enrollment charter schools, representing more than 1.2 million students, 105,000 educators and 1,500 campuses. Through cooperative contracts Region 4 ESC extends the opportunity to operate more efficiently and economically to agencies nationwide through OMNIA Partners (see below).
The Contract is based on the need to provide the economic benefits of volume purchasing and reduction in administrative costs through cooperative purchasing to schools and other members. Although the awarded Offeror(s) may restrict sales to certain public units (for example, state agencies or local government units), any proposal that prohibits sales from being made to public school districts may not be considered. Sales without restriction are preferred. These types of contracts are commonly referred to as being “piggybackable.”
Due to the potential scope of work needed by Participating Public Agencies, awarded Contractor(s) may use unit prices established for the contracts specified by the latest version of the RSMeans Construction Procurement Catalog (Unit Price Book “UPB”) when providing Playground and Recreational Surface Products and Services under a Master Agreement; in such cases, the UPB that may be utilized by an awarded Contractor(s) is incorporated by reference into this RFP. As part of the Products/Pricing section of this RFP, located under the Evaluation Process and Criteria, a national co-efficient for standard and non-standard hours is being requested as it relates to when/if a UPB is being utilized.
NATIONAL CONTRACT
Region 4 ESC, as the Principal Procurement Agency, defined in Appendix D, has partnered with OMNIA Partners, Public Sector (“OMNIA Partners”) to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. Region 4 ESC is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with O MNIA Partners (a “Participating Public Agency”) and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of a Master Intergovernmental Cooperative Purchasing Agreement, a form of which is attached hereto on Appendix D, or as otherwise agreed to. Appendix D contains additional information about OMNIA Partners and the cooperative purchasing program.
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O
MNIA Partners is the largest and most experienced purchasing organization for public and private sector procurement. Through the economies of scale created by OMNIA Partners public sector subsidiaries and affiliates, National IPA and U.S. Communities, our participants now have access to more competitively solicited and publicly awarded cooperative agreements. The lead agency contracting process continues to be the foundation on which we are founded. OMNIA Partners is proud to offer more value and resources to state and local government, higher education, K-12 education and non-profits.
OMNIA Partners provides shared services and supply chain optimization to government, education and the private sector. With corporate, pricing and sales commitments from the Supplier, OMNIA Partners provides marketing and administrative support for the Offeror that directly promotes the Offeror’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. Participating Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and publicly competed. The Offeror benefits from a contract that generally allows Participating Public Agencies to directly purchase goods and services without the Offeror’s need to respond to additional competitive solicitations. As such, the Offeror must be able to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Offeror and respond to the OMNIA Partners documents (Appendix D).
While no minimum volume is guaranteed to the Contractor, the estimated annual volume of Playground and Recreational Surface Products and Services purchased under the Master Agreement through OMNIA Partners is approximately $50M. This projection is based on the current annual volumes among Region 4 ESC, other Participating Public Agencies anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, and volume growth into other Public Agencies through a coordinated marketing approach between the Contractor and OMNIA Partners.
SPECIAL OFFERS/PROMOTIONS
In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, Contractor may conduct sales promotions involving price reductions for a specified lesser period. Contractor may offer Participating Agencies compet itive pricing which is lower than the not -to-exceed price set forth herein at any time during the Contract term and such lower pricing shall not be applied as a global price reduction under the Contract.
CUSTOMER SUPPORT
Contractor shall provide timely and accurate technical advice and sales support to Region 4 ESC staff and Participating Agencies. Contractor shall respond to such requests within one (1) working day after receipt of the request.
PROJECT SCOPE
Playground and Recreational Surface Products and Services could include but is not limited to:
• Trail and bike path surfaces and products
• Waterplay surfaces and equipment
• Playground surfaces and equipment
• Indoor and outdoor sports surfacing
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• Rem
oval and replacement of pool and other decking
Should an Awarded Offer utilize distributors, dealers, or subcontractors, Participating Public Agencies may choose to issue work directly to the distributor, dealer, or subcontractor if allowed by the Awarded Offeror and Participating Public Agency.
II. CALENDAR OF EVENTS (ALL DATES ARE TENTATIVE AND SUBJECT TO CHANGE):
Event Date
Issue RFP January 26, 2023
Pre-proposal Conference February 9, 2023
Deadline for receipt of questions via email February 10, 2023 Issue Addenda (if required) February 17, 2023
Proposal Due Date March 2, 2023
Approval from Region 4 ESC April 25, 2023
Contract Effective Date May 1, 2023
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III. INSTRUCTIONS TO OFFERORS
1. Key Definitions
Contract: The legal agreement executed between Region 4 ESC and the awarded Offeror.
A draft of the Contract is provided as Appendix A.
Contractor: Any provider or seller of goods or services who, as a result of the competitive solicitation process, is awarded a Contract by Region 4 ESC.
Days: calendar days
Offeror: A supplier submitting a proposal in response to a solicitation.
2. Inquiries and Discrepancies: Questions regarding this solicitation must be submitted in wr iting to Crystal Wallace, Business Operations Specialist, at [email protected] no later than February 10, 2023 . All questions and answers will be posted to https://www.esc4.net/services/purchasing/region-4-omnia -solicitations. Offerors are responsible for viewing the website to review all questions and answer s prior to submitting proposals. Oral communications concerning this RFP shall not be binding and shall in no way excuse an Offeror of the obligations set forth in this proposal.
3. Restricted and Prohibited Communications wit
h Region 4 ESC: During the period between the date
Region 4 ESC issues this RFP and the selection of the Contractor by Region 4 ESC, if any, Offerors shall restrict all contact with Region 4 ESC and direct all questions regarding this RFP, including questions regarding terms and conditions, only to the individual identified above in section “Inquiries and Discrepancies” in the specified manner. Do not contact members of the Board of Directors, other employees of Region 4 ESC or any of Region 4 ESC’s agents or administrators.
Contact with any of these prohibited individuals after issuance of this RFP and before selection is made, may result in disqualification of the Offeror.
The communications prohibition shall terminate when the Contract is recommended by the admini
stration, considered by the Board of Directors at a noticed public meeting, and the Contract has been awarded. In the event the Board of Directors refers the recommendation back to staff for reconsideration, the communications prohibition shall continue. Additionally, during the time period between the award of the Contract by the Board of Directors and the execution of the Contract, Offerors shall not engage in any prohibited communications as described in this section.
Prohibited communications includes direct contact, discussion, or promotion of any Offeror’s response with any member of Region 4 ESC’s Board of Directors or employees except for communications with Region 4 ESC’s designated representative as set forth in this RFP and only in the course of inquiries, br iefings, interviews, or presentations. This prohibition is intended to create a level playing field for all potential Offerors, assure that decisions are made in public, and to protect the integrity of the RFP process. Except as provided in the above stated exceptions, the following communications regarding this RFP are prohibited:
• Communications between a potential Offeror, Offeror, their lobbyist or consultant and any member of Region 4 ESC’s Board of Directors;
• Communications between any Region 4 ESC Director and any member of a selection or evaluation committee; and
• Communications between any Region 4 ESC Director and administrator or employee.
The communications prohibition shall not apply to the following:
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• Com
munications with Region 4 ESC’s purchasing staff specifically named and authorized to conduct and receive such communications under this RFP or upon the request of Region 4 ESC, with Region 4 ESC’s legal counsel; and • Presentations made to the Board of Directors during any duly noticed public meeting.
Nothing contained herein shall prohibit any person or entity from publicly addressing Region 4 ESC’s Board of Directors during any duly noticed public meeting, in accordance with applicable Board policies, on a matter other than this RFP or in connection with a presentation requested by Region 4 ESC’s representatives.
4. Current products: Pr oposals shall be for new materials and equipment in current production and marketed to the general public, education and government agencies at the time the proposal is submitted.
5. Proposal Format: Propos
als must contain two (2) electronic copies on flash drives with signed copies of the solicitation. Offeror must also submit two (2) electronic proposals free of proprietary information to be posted, if awarded a Contract. Offerors may also provide two (2) bound and signed original copies of the solicitation, however bound copies are not required.
Only sealed responses will be accepted. Faxed or electronically transmitted responses will not be ac
cepted. Sealed responses may be submitted on any or all items, unless stated otherwise.
If bound copies are provided, responses must be provided in a three -ring binder or report cover using 8.5 x 11 paper clearly identified with the name of the Offeror’s company and the solicitation name and number on both the outside front cover and vertical spine.
Tabs should be used to separate the proposal into sections. The following items identified must be included behind the tabs listed below. Each section should contain both the section of the RFP referenced and the Offeror’s response to that section. Offerors failing to organize in the manner listed may be considered non-responsive and may not be evaluated.
Any document requiring appearance before a notary shall be waived until a later date or upon Region 4 ESC request.
6. Binder Tabs:
Tab 1 – Draft Contract and Offer and Contract Signature Form (Appendix A) a. Terms and Conditions Acceptance Form (Appendix B)
Tab 2 – Products/Pricing
Tab 3 – Performance Capability
a. OMNIA Partners documents
Tab 4 – Qualification and Experience
a. References
Tab 5 – Value Add
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Tab 6
– Additional Required Documents (Appendix C)
a. Acknowledgment and Acceptance of Region 4 ESC’s Open Records Policy (Appendix C, Doc #1)
b. Antitrust Certification Statement (Tex. Government Code § 2155.005) (Appendix C, Doc #2)
c. Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295) (Appendix C, Doc #3)
d. Texas Government Code 2270 Verification Form (Appendix C, Doc #4) e. Felony Conviction Notification (Appendix C, Doc #5)
f. Any additional agreements Offeror will require Participating Agencies to sign
7. Additional Agreements: If an Offeror requires additional agreements, a copy of the proposed agreement must be included with the proposal.
8. Open Records Policy: Proposals submitted in response to this RFP become a matter of public record subject to release after Contracts are executed. If an Offeror believes its response, or parts of its response, may be exempt from disclosure, the Offeror must specify page-by-page and line- by-line the parts of the response, which it believes, are exempt. In addition, the Offeror must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s). Offeror must provide this information on the “Acknowledgement and Acceptance of Region 4 ESC’s Open Records Policy” (Appendix C, Doc #1). Any unmarked information will be considered public information and released, if requested under the Public Information Act. Price is not confidential and will not be withheld.
The determination of whether information is confidential and not subject to disclosure is the duty of
the Office of Attorney General (OAG). Region 4 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG.
Region 4 ESC assumes no responsibility for asserting legal arguments on behalf of any Offeror or Contractor. Offeror is advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information. After completion of award, these documents will be available for public inspection.
9. Disclosures: By
signing the Offer and Contract Signature Form, Offeror affirms:
a) Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this proposal and any subsequent Contract.
Offerors must include a complete description of any and all relations hips that might be considered a conflict of interest in doing business with Region 4 ESC. b) To the best of Offeror’s knowledge, the proposal has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that EXHIBIT 1
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d in any way limit competition or give an unfair advantage over other Offerors or potential Offerors in the award of a Contract resulting from this RFP. c) Offeror is not currently delinquent in the payment of any franchise taxes. d) The individual signing the submittal is an authorized agent for the Offeror and has the authority to bind the Offeror to the Contract.
10. Waiver: B y submitting a proposal, Offeror expressly agrees to waive any claim it has or may have against Region 4 ESC, its directors, officers, its trustees, or agents arising out of or in connection with (1) the administration, evaluation, recommendation of any proposal; (2) any requirements under the solicitation, proposal package, or related documents; (3) the rejection of any proposal or any part of any proposal; and/or (4) the award of a Contract, if any.
Region 4 ESC shall not be responsible or liable for any costs incurred by Offerors or the successful Offeror in connection with responding to the RFP, preparing for oral presentations, preparing and submitting a proposal, entering or negotiating the terms of a Contract, or any other expenses incurred by an Offeror. The Offeror is wholly responsible for any such costs and expenses and shall not be reimbursed in any manner by Region 4 ESC.
11. Conditions of Submitting Proposal: Submi ssion of a proposal confers no right on an Offeror to an award or Contract. Region 4 ESC, in its sole discretion and for any reason or no reason, reserves the rights to reject any or all proposals, accept only a part of any proposal, accept the proposal deemed most advantageous to Region 4 ESC, and waive any technicalities. The issuance of this RFP does not obligate Region 4 ESC to make an award or negotiate or execute a Contract. Prior to submission due date and time, Region 4 ESC reserves the right to amend the terms and provisions of the RFP, extend the deadline for submission of proposals, or withdraw the RFP entirely for any reason solely at Region 4 ESC’s discretion. A proposal may be rejected if it fails to meet any requirement of this RFP.
12. Mailing of Proposals: All
proposals submitted in response to the solicitation must be clearly identified as listed below with the solicitation number, title, name and address of the company responding. All packages must be clearly identified as listed below, sealed and deliver ed to the Region 4 ESC office no later than the submittal deadline assigned for this solicitation.
From_____________________________________________________ Company____________
______________________________________
Address___________________________________________________ City, State, Zip _____________________________________________ Solicitation Name and Number ___________Due Date and Time______
13. Amendment of Proposal: A proposal may be amended pri or to the time of opening by
submitting a sealed letter to the location indicated on the front page of this solicitation.
14. Withdrawal of Proposals: Withdrawal of proposals prior to the opening date will be permitted by a written letter or electronic mail from the Offeror. Telephonic or oral withdrawals shall not be considered. After the opening date consideration may be given in cases where Offeror advises that it made a clerical error that is substantially lower than it intended. In such case, EXHIBIT 1
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Of
feror must provide written notice of their desire to withdraw, along with supporting documents, within 3 business days of receiving the acceptance letter or of being requested by Region 4 ESC for clarification of the proposal, whichever is later. Any Contract entered into prior to Region 4 ESC receiving notice must be honored. No Offeror should assume their withdrawal request has been accepted unless, and until, they receive written acknowledgment and acceptance of their proposal withdrawal.
15. Offer and Acceptance Per
iod: In order to allow for an adequate evaluation, Region 4 ESC requires a proposal in response to this RFP to be valid and irrevocable for one-hundred twenty (120) days after the proposal due date and time.
16. Non-Responsive Proposals: A ll proposals will be reviewed for responsiveness to the material requirements of the solicitation. A proposal that is not materially responsive shall not be eligible for further consideration for award of the Contract, and the Offeror shall receive notice of the non-award of its proposal.
17. Discussions: Region 4 ESC reserves the right to conduct discussion with Offerors for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal in order to clarify a proposal and assure full understanding of, and responsiveness to, the RFP requirements.
18. Negotiations: I n
the event Region 4 ESC decides to conduct negotiations, exclusive or concurrent negotiations may be conducted with Offerors reasonably susceptible for award.
During the course of negotiations, no Offeror’s proposal, including pricing, shall be revealed to any other Offeror or to any other person who is not involved with the evaluation process.
Exclusive or concurrent negotiations shall not constitute a Contract award, nor shall it confer any property rights to the successful Offeror. In the event Region 4 ESC deems negotiations are not progressing, Region 4 ESC may formally terminate these negotiations and may enter into subsequent exclusive or concurrent negotiations with the next most qualified Offeror(s).
19. Best and Final Offer: Region 4 ESC, in its sole discretion, may request Offerors reasonably susceptible for award to submit a Best and Final Offer. Offerors must submit their Best and Final Offers in writing. If an Offeror does not respond to the request for a Best and Final Offer, that Offeror’s most recent prior submission will be considered its Best and Final Offer.
20. Specifications: When
a solicitation contains a specification that states no substitutions, no deviation from this requirement will be permitted. Offeror must comply with the true intent of the specifications and drawings and not take advantage of any unintentional error or omission.
In cases where no type and kind of product is specified, specifications have been developed to indicate minimal standards as to the usage, materials, and contents based on the needs of the members. References to manufacturer’s specifications (“Design Guides”), when used by Region 4 ESC, are to be considered informative to give the Offeror information as to the general style, type and kind requested. Responses proposing goods, materials or equipment regularly produced by a reputable manufacturer shall be evaluated by Region 4 ESC which will, in its sole discretion, determine whether such proposed goods, materials or equipment are substantially equivalent to the Design Guides, considering quality, workmanship, economy of operation, and suitability for the purpose intended. Offerors should include all documentation required to evaluate whether or not their proposed goods, materials or equipment are substantially equivalent to the Design Guides.
21. Quality of Materials or Services: Offeror shall state the brand name and number of the materials being provided. If none is indicated, it is understood that the Offeror is proposing the EXHIBIT 1
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exac
t brand name and number specified or mentioned in the solicitation. However, unless specifically stated otherwise, comparable substitutions will be permitted in cases where the material is equal to that specified, considering quality, workmanship, economy of operation and suitability for the purpose intended.
22. Samples: Upon request, samples shall be furnished, free of cost, within seven (7) days after receiving notice of such request. By submitting the proposal Offeror certifies that all materials conform to all applicable requirements of this solicitation and of those required by law. Offeror agrees to bear the costs for laboratory testing, if results show the sample does not comply with solicitation requirements. Submissions may no longer be considered for failing to submit samples as requested.
23. Formation of Contract: A response to this solicitation is an offer to contract with Region 4 ESC based upon the terms, conditions, scope of work, and specifications contained in this request.
A solicitation does not become a Contract until it is awarded by Region 4 ESC. A Contract is formed when Region 4 ESC’s board signs the Offer and Contract Signature Form. The signed Offer and Contract Signature Form provided with the RFP response eliminates the need for a formal signing process.
24. Multiple Awards: Region 4 ESC reserves the right to award Contract(s) to multiple Offerors.
The decision to award multiple Contracts, award only one Contract, or to make no awards rests solely with Region 4 ESC.
25. Non-Exclusive: Any
Contract resulting from this solicitation shall be awarded with the understanding and agreement it is for the sole convenience and benefit of Region 4 ESC.
Region 4 ESC reserves the right to obtain like goods and services from other sources.
26. Protest Procedure: Any protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm Central Time. No protest shall lie for a claim that the selected Offeror is not a responsible Offeror. Protests shall be filed with Robert Zingelmann, Chief Financial Officer, Finance and Operations Services, and sent to the Region 4 ESC office at: 7145 West Tidwell Road, Houston, TX 77092. Protests shall include the following:
a) Name, address and telephone number of protester;
b) Or
iginal signature of protester or its representative;
c) Identification of the solicitation by RFP number;
d) Detailed statement of legal and factual grounds including copies of relevant documents; and
e) the form of relief requested.
Any protest review and action shall be considered final with no further formalities being considered.
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IV. EVALUATION PROCESS AND CRITERIA
1. A committee will review and evaluate all responses and make a recommendation for award of Contract(s). The recommendation for Contract awards will be based on the predetermined criteria factors outlined in this section, where each factor is assigned a point value based on its importance. In evaluating the responses, the following predetermined criteria is considered:
a) Products/Pricing (40 Points)
b) Performance Capability (30 Points)
c) Qualification and Experience (20 Points)
d) Value Add (10 Points)
2. Offeror’s proposal should, at a minimum, include the following for Region 4 ESC’s evaluation:
a) Products/Pricing
i. Offerors shall provide pricing based on a discount from a price list or catalog, or fixed price, or a combination of both with indefinite quantities. Prices listed will be used to establish the extent of product lines, services, warranties, etc. that are available from Offeror and the pricing per item. Multiple percentage discounts are acceptable if, where different percentage discounts apply, the different percentages are specified. Discounts proposed should remain the same for the first 12 months after the contract award. Additional pricing and/or discounts may be included. Additional pricing and/or discounts may be included. Products and services proposed are to be priced separately with all ineligible items identified.
Offerors may elect to limit their proposals to any category or categories. ii. Include an electronic copy of the catalog from which discount, or fixed price, is calculated. Electronic price lists must contain the following: (if applicable) • Manufacturer or Other Part #
• Offeror’s Part # (if different from manufacturer part #) • Description
• Manufacturers or Other Suggested List Price and Net Price • Net price to Region 4 ESC (including freight)
Media submitted for price list must include the Offerors’ company name, name of the solicitation, and date on a Flash Drive (i.e. Pin or Jump Drives). iii. I f applicable, provide a national co- efficient for standard and non- standard hours that may be used when the UPB is being utilized. For clarification, additional co- efficients are not being requested as an awarded Contractor(s) may utilize the UPB’s city index.
iv. Provide any applicable Billable Labor Rates by Classification. v. Describe if pricing is available for all products and services? vi. Describe any shipping charges.
vii. Describe any warranties and provide pricing for warranties on all products and services.
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viii. D
escribe any additional discounts or rebates available. Additional discounts or rebates may be offered for large quantity orders, single ship to location, growth, annual spend, guaranteed quantity, etc.
ix. Describe how customers verify they are receiving Contract pricing. x. Describe payment methods offered.
xi. Propose the frequency of updates to the Offeror’s pricing structure. Describe any proposed indices to guide price adjustments. If offering a catalog contr act with discounts by category, while changes in individual pricing may change, the category discounts should not change over the term of the Contract. xii. Describe how future product introductions will be priced and align with Contract pricing proposed.
xiii. Provide any additional information relevant to this section.
Federal Funding Pricing
Due to products and services potentially used in response to an emergency or disaster recovery situation in which federal funding may be used, provide alternative pricing that does not include cost plus a percentage of cost or pricing based on time and materials; if time and materials is necessary, a ceiling price that the contractor exceeds at its own risk will be needed as determined and set by the Participating Public Agency. Products and services provided in a situation where an agency is eligible for federal funding, Offeror is subject to and must comply with all federal requirements applicable to the funding including, but not limited to the FEMA Special Conditions section located in the Federal Funds Certifications Exhibit.
Not to Exceed Pricing. Region 4 ESC requests pricing be submitted as not to exceed pricing.
Unlike fixed pricing, the Contractor can adjust submitted pricing lower if needed but, cannot exceed original pricing submitted. Contractor must allow for lower pricing to be available for similar product and service purchases. Cost plus pricing as a primary pricing structure is not acceptable.
b) Perf
ormance Capability
i. Include a detailed response to Appendix D, Exhibit A, OMNIA Partners Response for National Cooperative C ontract. Responses should highlight experience, demonstrate a strong national presence, describe how Offeror will educate its national sales force about the Contract, describe how products and services will be distributed nationwide, include a plan for marketing the products and services nationwide, and describe how volume will be tracked and reported to OMNIA Partners.
ii. The successful Offeror will be required to sign Appendix D, Exhibit B, OMNIA Partners Administration Agreement prior to Contract award. Offerors should have any reviews required to sign the document prior to submitting a response.
Offeror’s response should include any proposed exceptions to OMNIA Partners Administration Agreement on Appendix B, Terms and Conditions Acceptance Form.
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iii. Inc
lude completed Appendix D, Exhibits F. Federal Funds Certifications and G.
New Jersey Business Compliance.
iv. If applicable, describe any energy and/or operational saving improvements and cost savings measures.
v. Describe how Offeror responds to emergency orders.
vi. Describe Offeror’s history and ability to meet service and warranty needs. vii. Describe Offeror’s customer service/problem resolution process. Include hours of operation, number of services, etc.
viii. Describe Offeror’s invoicing process. Include payment terms and acceptable methods of payments. Offerors shall describe any associated fees pertaining to credit cards/p-cards.
ix. Describe Offeror’s contract implementation/customer transition plan. x. Describe the financial condition of Offeror.
xi. Provide a website link in order to review website ease of use, availability, and capabilities related to ordering, returns and reporting. Describe the website’s capabilities and functionality.
xii. Describe the Offeror’s safety record.
xiii. Provide any additional information relevant to this section.
c) Qualification and Experience
i. Provide a brief history of the Offeror, including year it was established and corporate office location.
ii. Describe Offeror’s reputation in the marketplace.
iii. Describe Offeror’s reputation of products and services in the marketplace. iv. Describe the experience and qualification of key employees. v. Describe Offeror’s experience working with the government sector. vi. Describe past litigation, bankruptcy, reorganization, state investigations of entity or current officers and directors.
vii. Provide a minimum of 5 customer references relating to the products and services within this RFP. Include entity name, contact name and title, contact phone and email, city, state, years serviced, description of services and annual volume. viii. Provide any additional information relevant to this section.
d) Value Add
i. Provide any additional information related to products and services Offeror proposes to enhance and add value to the Contract.
3. Competitive Range: It may be necessary to establish a competitive range. Factors from the predetermined criteria will be used to make this determination. Responses not in the competitive range will not receive further award consideration. Region 4 ESC may determine establishing a competitive range is not necessary.
4. Past Performance: An Offeror’s past performance and actions are relevant in determining whether or not the Offeror is likely to provide quality goods and services; the administrative EXHIBIT 1
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ts of performance; the Offeror’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Offeror’s businesslike concern for the interests of the customer may be taken into consideration when evaluating proposals, although not specifically mentioned in the RFP.
5. Additional Investigations: Region 4 ESC reserves the righ t to make such additional investigations as it deems necessary to establish the capability of any Offeror.
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EX
HIBIT B
ADMINISTRATION AGREEMENT, EXAMPLE
ADMINISTRATION AGREEMENT
THIS ADMINISTRATION AGREEMENT (this “ Agreement”) is made this ___ day of ______ 20__, between National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), and ________________ (“Supplier”).
RECITALS
WHEREAS, the ___________________ (the “ Principal Procurement Agency ”) has entered into a Master Agreement effective _________________, Agreement No_______, by and between the Principal Procurement Agency and Supplier, (as may be amended from time to time in accordance with the terms thereof, the “ Master Agreement”), as attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, for the purchase of ____________________________ (the “Product”);
WHEREAS, said Master Agreement provides that any or all public agencies, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (collectively, “Public Agencies”), that register (either via registration on the OMNIA Partners website or execution of a Master Intergovernmental Cooperative Purchasing Agreement, attached hereto as Exhibit B ) (each, hereinafter referred to as a “Participating Public Agency”) may purchase Product at prices stated in the Master Agreement;
WHEREAS, Participating Public Agencies may access the Master Agreement which is offered through OMNIA Partners to Public Agencies;
WHEREAS, OMNIA Partners serves as the contract administrator of the Master Agreement on behalf of Principal Procurement Agency;
WHEREAS, Principal Procurement Agency desires OMNIA Partners to proceed with administration of the Master Agreement; and
WHEREAS, OMNIA Partners and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies and to set forth certain terms and conditions governing the relationship between OMNIA Partners and Supplier.
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, OMNIA Partners and Supplier hereby agree as follows:
DEFINITIONS
1. Capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings given to them in the Master Agreement.
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TERM
S AND CONDITIONS
2. The Master Agreement and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges and agrees that the covenants and agreements of Supplie r set forth in the solicitation and Supplier’s response thereto resulting in the Master Agreement are incorporated herein and are an integral part hereof.
3. OMNIA Partners shall be afforded all of the rights, privileges and indemnifications afforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to OMNIA Partners , its agents, employees, directors, and representatives under this Agreement including, but not limited to, Supplier’s obligation to obtain appropriate insurance.
4. OMNIA Partners shall perform all of its duties, responsibilities and obligations as contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set forth herein, and Supplier hereby acknowledges and agrees that all duties, responsibilities and obligations will be undertaken by OMNIA Partners solely in its capacity as the contract administrator under the Master Agreement.
5. With respect to any purchases by Principal Procurement Agency or any Participating Public Agency pursuant to the Master Agreement, OMNIA Partners shall not be: (i) construed as a dealer, re-marketer, representative, partner or agent of any type of the Supplier, Principal Procurement Agency or any Participating Public Agency; (ii) obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Product; and (iii) obligated, liable or responsible for any failure by Principal Procureme nt Agency or any Participating Public Agency to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. OMNIA Partners makes no representation or guaranty with respect to any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement.
6. OMNIA Partners shall not be responsible for Supplier’s performance under the Master Agreement, and Supplier shall hold OMNIA Partners harmless from any liability that may arise from the acts or omissions of Supplier in connection with the Master Agreement.
7. Supplier acknowledges that, in connection with it s access to OMNIA Partners confidential information and/or supply of data to OMNIA Partners, it has complied with and shall continue to comply with all laws, regulations and standards that may apply to Supplier, including, without limitation: (a) U nited St ates f ederal and state information security and privacy statutes, regulations and/or best practices, including, without limitation, the Gramm- Leach-Bliley Act, the Massachusetts Data Security Regulations (201 C.M.R. 17.00 et. seq.), the Nevada encryption statute (N.R.S. § 603A), the California data security law (Cal. Civil Code § 1798.80 et. seq.) and California Consumer Privacy Act (Cal. Civil Code § 1798.100 et. seq.); and (b) applicable industry and regulatory standards and best practices (collectively, “Data Regulations”).
With regard to Personal Information that Supplier collects, receives, or otherwise processes under the Agreement or otherwise in connection with performance of the Agreement, Supplier agrees that it will not: (i) sell, rent, relea se, disclose, disseminate, make available, transfer, or otherwise EXHIBIT 1
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municate orally, in writing, or by electronic or other means, such Personal Information to another business or third party for monetary or other valuable consideration; or (ii) retain, use, or disclose such Personal Information outside of the direct business relationship between Supplier and OMNIA Partners or for any purpose other than for the specific purpose of perform ance of the Agreement, including retaining, using, or disclosing such Personal Information for a commercial purpose other than for performance of the Agreement . By entering into the Agreement, Supplier certifies that it understands the specific restrictions contained in this Section 7 and will comply with them. For purposes hereof, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, and includes the speci fic elements of “personal information” as defined under Data Regulations, as defined herein. Supplier will reasonably assist OMNIA Partners in timely responding to any third party “request to know” or “request to delete” (as defined pursuant to Data Regulations) and will promptly provide OMNIA Partners with information reasonably necessary for OMNIA Partners to respond to such requests. Where Supplier collects Personal Information directly from Public Agencies or others on OMNIA Partners ’ behalf, Supplier will maintain records and the means necessary to enable OMNIA Partners to respond to such requests to know and requests to delete.
8. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OMNIA
PARTNERS EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING OMNIA PARTNERS’ PERFORMANCE AS A CONTRACT ADMINISTRATOR OF THE MASTER AGREEMENT. OMNIA PARTNERS SHALL NOT BE
LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF OMNIA PARTNERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERM OF AGREEMENT; TERMINATION
9. This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the provisions of Sections 3 – 8 and 11 – 22, hereof and the indemnifications afforded by the Supplier to OMNIA Partners in the Master Agreement, to the extent such provisions survive any expiration or termination of the Master Agreement, shall survive the expiration or termination of this Agreement.
NATIONAL PROMOTION
10. OMNIA Partners and Supplier shall publicize and promote the availability of the Master Agreement’s products and services to Public Agencies and such ag encies’ employees.
Supplier shall require each Public Agency to register its participation in the OMNIA Partners program by either registering on the OMNIA Partners website ( www.omniapartners.com/publicsector), or executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the Participating Public Agency’s first sales order. Upon request, Supplier shall make available to interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be necessary for such Public Agencies to evaluate potential purchases.
11. Supplier shall provide such marketing and administrative support as set forth in the solicitation resulting in the Master Agreement, including assisting in development of marketing materials as reasonably requested by Principal Procurement Agency and OMNIA Partners. Supplier shall be responsible for obtaining permission or license of use and payment of any license fees for all content and images Supplier provides to OMNIA Partners or posts on the OMNIA Partners website.
EXHIBIT 1
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Suppl
ier shall indemnify, defend and hold harmless OMNIA Partners for use of all such content and images including copyright infringement claims. Supplier and OMNIA Partners each hereby grant to the other party a limited, revocable, non-transferable, non-sublicensable right to use such party’s logo (each, the “Logo”) solely for use in marketing the Master Agreement. Each party shall provide the other party with the standard terms of use of such party’s Logo, and such party shall comply with such terms in all material respects. Both parties shall obtain approval from the other party prior to use of such party’s Logo. Notwithstanding the foregoing, the parties understand and agree that except as provided herein neither party shall have any right, title or interest in the other party’s Logo. Upon termination of this Agreement, each party shall immediately cease use of the other party’s Logo.
ADMINISTRATIVE FEE, REPORTING & PAYMENT
12. An “Administrative Fee” shall be defined and due to OMNIA Partners from Supplier in the amount of __ percent (__%) (“Administrative Fee Percentage”) multiplied by the total purchase amount paid to Supplier, less refunds, credits on returns, rebates and discounts, for the sale of products and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the Master Agreement (as amended from time to time and including any renewal thereof) (“Contract Sales ”). From time to time the parties may mutually agree in writing to a lower Administrative Fee Percentage for a specifically identified Participating Public Agency’s Contract Sales.
13. Supplier shall provide OMNIA Partners with an electronic accounting report monthly, in the format prescribed by OMNIA Partners , summarizing all Contract Sales for each calendar month. The Contract Sales reporting format is provided as Exhibit C (“Contract Sales Report ”), attached hereto and incorporated herein by reference. Contract Sales Reports for each calendar month shall be provided by Supplier to OMNIA Partners by the 10th day of the following month. Failure to provide a Contract Sales Report within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners’ sole discretion.
14. Administrative Fee payments are to be paid by Supplier to OMNIA Partners at the frequency and on the due date stated in Section 12, above, for Supplier’s submission of corresponding Contract Sales Reports. Administrative Fee payments are to be made via Automated Clearing House (ACH) to the OMNIA Partners designated financial institution identified in Exhibit D. Failure to provide a payment of the A dministrative Fee with in the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners’ sole discretion.
All Administrative Fees not paid when due shall bear interest at a rate equal to the lesser of one and one-half percent (1 1/2%) per month or the maximum rate permitted by law until paid in full.
15. Supplier shall maintain an accounting of all purchases made by Participating Public Agencies under the Master Agreement. OMNIA Partners, or its designee, in OMNIA Partners’ sole discretion, reserves the right to compare Participating Public Agency records with Contract Sales Reports submitted by Supplier for a period of four (4) years from the date OMNIA Partners receives such report. In addition, OMNIA Partners may engage a third party to conduct an independent audit of Supplier’s monthly reports. In the event of such an audit, Supplier shall provide all materials reasonably requested relating to such audit by OMNIA Partners at the location designated by OMNIA Partners. In the event an underreporting of Contract Sales and a resulting underpayment of EXHIBIT 1
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Adminis
trative Fees is revealed, OMNIA Partners will notify the Supplier in writing. Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to OMNIA Partners’ reasonable satisfaction, including payment of any Administrative Fees due and owing, together with interest thereon in accordance with Section 13, and reimbursement of OMNIA Partners’ costs and expenses related to such audit.
GENE
RAL PROVISIONS
16. This
Agreement, the Master Agreement and the exhibits referenced herein supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereto and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding. In the event of any conflict between the provisions of this Agreement and the Master Agreement, as between OMNIA Partners and Supplier, the provisions of this Agreement shall prevail.
17. If a
ny action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any A dministrative Fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which it may be entitled.
18. This A
greement and OMNIA Partners’ rights and obligations hereunder may be assigned at OMNIA Partners’ sole discretion to an affiliate of OMNIA Partners, any purchaser of any or all or substantially all of the assets of OMNIA Partners, or the successor entit y as a result of a merger, reorganization, consolidation, conversion or change of control, whether by operation of law or otherwise. Supplier may not assign its obligations hereunder without the prior written consent of OMNIA Partners.
19. All wr
itten c ommunications given hereunder shall be delivered by first -class mail, postage prepaid, or overnight delivery on receipt to the addresses as set forth below.
A. OMN
IA Partners:
OMN
IA Partners
Attn: President
840 Crescent Centre Drive
Suite 600
Franklin, TN 37067
B. Suppli
er:
____________________
____________________
____________________
____________________
20. If a
ny provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall n ot affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this Agreement will be construed by limiting or invalidating such provision to the minimum extent necessary to make such provision valid, legal and enforceable.
EXHIBIT 1
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21. This Agreement may not be amended, changed, modified, or altered without the prior written consent of the parties hereto, and no provision of this Agreement may be discharged or waived, except by a writing signed by the parties. A waiver of any particular provision will not be deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply to any other occasion.
22. This Agreement shall inure to the benefit of and shall be binding upon OMNIA Partners, the Supplier and any respective successor and assign thereto; subject, however, to the limitations contained herein.
23. This Agreement will be construed under and gov erned by the laws of the State of Delaware, excluding its conflicts of law provisions and any action arising out of or related to this Agreement shall be commenced solely and exclusively in the state or federal courts in Williamson County Tennessee.
24. This Agreement may be executed in counterparts, each of which is an original but all of which, together, shall constitute but one and the same instrument.
The exchange of copies of this
Agreement and of signature pages by facsimile, or by .pdf or similar e lectronic transmission, will constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes . Signatures of the parties transmitted by facsimile, or by .pdf or similar electronic transmission, will be deemed to be their original signatures for any purpose whatsoever.
[INSERT SUPPLIER ENTITY NAME] NATIONAL
INTERGOVERNMENTAL
PURCHASING ALLIANCE
COMPANY, A DELAWARE
CORPORATION D/B/A OMNIA
PARTNERS, PUBLIC SECTOR
Signature
Signature
Sarah Vavra
Name
Name
Sr. Vice President, Public Sector
Contracting
Title
Title
Date Date
EXHIBIT 1
785
EX
HIBIT C
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT,
EXAMPLE
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This Master Intergovernmental Cooperative Purchasing Agreement (this “Agreement”) is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate (“Principal Procurement Agencies ”) with National Intergovernmental Purchasing Alliance Company , a Delaware corporation d/b/a OMNIA Partners, Public Sector and/or Communities Program Management, LLC, a California limited liability company d/b/a U.S.
Communities (collectively, “OMNIA Partners”) to be appended and made a part hereof and such other public agencies (“ Participating Public Agencies ”) who register to participate in the cooperative purchasing programs administered by OMNIA Partners and its affiliates and subsidiaries (collectively, the “OMNIA Partners Parties”) by either registering on the OMNIA Partners website (www.omniapartners.com/publicsector or any successor website) , or by executing a copy of this Agreement.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers have entered into “ Master Agreements” (herein so called) to provide a variety of goods, products and services (“ Products”) to the applicable Principal Procurement Agency and the Participating Public Agencies;
WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the OMNIA Partners Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; and
WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements.
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties hereby agree as follows:
1. Each party will facilitate the cooperative procurement of Products.
2. The Participating Public Agencies shall procure Products in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency’s procurement practices. The Participating Public Agencies hereby acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and that Principal Procurement Agencies’ participation in the program described herein comply with all applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952( j), as may be amended from time to time. The Participating Public Agencies further acknowledge and agree that they are solely responsible for their compliance with all applicable “safe harbor” regulations, EXHIBIT 1
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inc
luding but not limited to any and all obligations to fully and accurately report discounts and incentives.
3. The Participating Public Agency represents and warrants that the Participating Public Agency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a hospital or healthcare provider.
4. The cooperative use of Master Agreements shall be in accordance with the terms and conditions of the Master Agreements, except as modification of those terms and conditions is otherwise required by applicable federal, state or local law, policies or procedures.
5. The Principal Procurement Agencies will make available, upon reasonable request, Master Agreement information which ma y assist in improving the procurement of Products by the Participating Public Agencies.
6. The Participating Public Agency agrees the OMNIA Partners Parties may provide access to group purchasing organization (“ GPO”) agreements directly or indirectly by enrolling the Participating Public Agency in another GPO’s purchasing program provided the purchase of Products through the OMNIA Partners Parties or any other GPO shall be at the Participating Public Agency’s sole discretion.
7. The Participating Public Agencies (each a “Procuring Party ”) that procure Products through any Master Agreement or GPO Product supply agreement (each a “ GPO Contract”) will make timely payments to the distributor, manufacturer or other vendor (collectively, “Supplier”) for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier.
8. The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for purchase of similar products or services outside of the Master Agreement. Master Agreements may be structured with not -to-exceed pricing, in which cases the Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or additional concessions for purchase of Products through a Master Agreement.
9. The Procuring Party shall be responsible for the ordering of Products under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a Procuring Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non-procuring party harmless from any liability that may arise from the acts or omissions of the Procuring Party.
10. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OMNIA
PARTNERS PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED
REPRESENTATIONS AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO CONTRACT. THE OMNIA PARTNER S PARTIES SHALL NOT BE
LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF THE OMNIA PARTNERS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE
PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE OMNIA PARTNERS
PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION BY A SUPPLIER OR EXHIBIT 1
787
OTHER
PARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT.
11. This
Agreement shall remain in effect until termination by either party giving thirty (30) days’ written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall survive any such termination.
12. This
Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate, or (ii) registration on the O MNIA Partners website or the execution of this Agreement by a Participating Public Agency, as applicable.
NATIONAL INTERGOVERNMENTAL
PURCHASING ALLIANCE COMPANY,
A DELAWARE CORPORATION D/B/A
OMNIA PARTNERS, PUBLIC SECTOR
AND/OR COMMUNITIES PROGRAM
MANAGEMENT, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY D/B/A
U.S. COMMUNITIES
Authorized Signature Signature
Sarah E. Vavra
Name Name
Sr. Vice President, Public Sector Contracting
Title and Agency Name Title
Date Date
EXHIBIT 1
788
TAB 1 –
• Draft Contract and Offer and
Contract Signature Form
(Appendix A)
• Terms and Conditions Acceptance
Form (Appendix B)
EXHIBIT 1
789
APP
ENDIX A
DRAFT CONTRACT
This Contract (“Contract”) is made as of __________, 202X by and between (“Contractor”) and Region 4 Education Service Center
(“Region 4 ESC”) for the purchase of ___________________________________________(“the products and services”).
RECITALS
WHEREAS, Region 4 ESC issued Request for Proposals Number R______ for _______ (“RFP”), to which Contractor provided a response (“Proposal”); and
WHEREAS, Region 4 ESC selected Contractor’s Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal;
WHEREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092.
WHEREAS, Contractor included, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract.
WHEREAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control.
WHEREAS, the Contract will provide that any state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”) may purchase products and services at prices indicated in the Contract upon the Public Agency’s registration with OMNIA Partners.
1) Term of agreement. The term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right to renew the Contract for two (2) additional one-year periods or portions thereof. Region 4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region 4 ESC’s intent renew the Contract. Contractor may elect not to renew by providing three hundred sixty-five days’ (365) notice to Region 4 ESC. Notwithstanding the expiration of the initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may mutually agree to extend the term of this Agreement. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Agreement.
The anticipated full term of the contract is five (5) years. The Contractor shall have the right to ente
r local “service” agreements with Participating Public Agencies accessing the contract through OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of the Contract. All local agreements may have a full potential term (any combination of initial and renewal periods) not to exceed five years. Any tasks or project EXHIBIT 1
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agreem
ents executed against this Master Agreement during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by both parties. 2) Scope: Cont ractor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein.
3) Form of Contract. The form of Contract shall be the RFP, the Offeror’s proposal and Best and Final Offer(s).
4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted by Region 4 ESC, the following order of precedence shall prevail:
i. This Contract
ii. Of
feror’s Best and Final Offer
iii. Offeror’s proposal
iv. RFP and any addenda
5) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC. 6) Entire Agreement (Parol evidence). The Contrac t, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 7) Assignment of Contract. No assignment of Contract may be made without the prior written approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.). 8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change of name agreement will not change the contractual obligations of Contractor. 9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC.
10) Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC.
Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwise approved by Region 4 ESC. Pricing provided to members by added distributors or dealers must also be less than or equal to the Contractor’s pricing. 11) TERMINATION OF CONTRACT
a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12 -month period.
Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to failure by Contractor to carry out any obligation, term or condition of the contract. Region EXHIBIT 1
791
4 ES
C may issue a written deficiency notice to Contractor for acting or failing to act in any of the following:
i. Providing material that does not meet the specifications of the Contract; ii. Providing work or material was not awarded under the Contract; iii. Failing to adequately perform the services set forth in the scope of work and specifications;
iv. Failing to complete required work or furnish required materials within a reasonable amount of time;
v. Failing to make progress in performance of the Contract or giving Region 4 ESC reason to believe Contractor will not or cannot perform the r equirements of the Contract; or
vi. Performing work or providing services under the Contract prior to receiving an authorized purchase order.
Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by Contractor under the Contract shall immediately become the property of Region 4 ESC. b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be ef fective by delivery of notice, to the Contractor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by Contractor will become the property of the Region 4 ESC. If such event does occur, Contractor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents.
c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated. In the event Region 4 ESC must purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a reasonable time period, for all expenses incurred.
d) Force Majeure. If b y reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.
The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other i
ndustrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by EXHIBIT 1
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acc
eding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. e) Standard Cancellation. Regi on 4 ESC may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.
12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop work and/or cancel the Contract if Contractor’s license(s) expire, lapse, are suspended or terminated.
13) Survival Clause . A
ll applicable software license agreements, warranties or service agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract.
14) Delivery. Conf
orming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period, the Contractor must receive authorization for the delayed delivery. The order may be canceled if the estimated shipping time is not acceptable. All deliveries shall be freight prepaid, F.O.B. Destination and shall be included in all pricing offered unless otherwise clearly stated in writing. 15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may make the determination to return the material to the Contractor at no cost to Region 4 ESC.
The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material. 16) Payments. P ay
ment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 17) Price Adjustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC. It is the Contractor’s responsibility to keep all pricing up to date and on file with Region 4 ESC. All price changes must be provided to Region 4 ESC, using the same format as was provided and accepted in the Contractor’s proposal.
Price reductions may be offered at any time durin
g Contract. Special, time-limited reductions
are permissible under the following conditions: 1) reduction is available to all users equally; 2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price reduction during the Contract term.
EXHIBIT 1
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18) Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor’s pricing at Region 4 ESC's sole cost and expense.
Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Contractor’s pricing at Contractor’s sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third- party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC.
19) Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.
20) New Products/Services. New products and/or services that meet the scope of work may be added to the Contract. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than the original discount, and if the products meet the requirements of the Contract. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause.
21) Options. Opt
ional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability.
22) Warranty Conditions. All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing.
23) Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition. 24) Site Preparation. Contr
actor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to:
moving furniture, installing wiring for networks or power, and similar pre- installation requirements.
25) Registered Sex Offender Restrictions. For w
ork to be performed at schools, Contractor
agrees no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contractor agrees a violation of this condition shall be considered a EXHIBIT 1
794
mat
erial breach and may result in the cancellation of the purchase order at Region 4 ESC’s discretion. Contractor must identify any additional costs associated with compliance of this term. If no c osts are specified, compliance with this term will be provided at no additional charge.
26) Safety measures. Contractor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contractor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.
27) Smoking. Persons working under the Contract shall adhere to local smoking policies.
Smoking will only be permitted in posted areas or off premises. 28) Stored materials. Upon pr ior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. 29) Funding Out Clause. A
Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC’s current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract.
30) Indemnity. Con
tractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract.
Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas.
31) Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must have prior approval from Region 4 ESC.
32) Certificates of Insurance . Ce
rtificates of insura nce shall be delivered to the Region 4 ESC prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten (10) days’ notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified.
EXHIBIT 1
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33) Legal
Obligations. It is Contractor’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services and shall comply with all laws while fulfilling the Contract. Applicable laws and regulation must be followed even if not specifically identified herein.
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OFFER AND CONTRACT SIGNATURE FORM
The undersigned hereby offer
s and, if awarded, agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing.
Company Name
Address
City/State/Zip
Telephone No.
Email Address
Printed Name
Title
Authorized signature
Accepted by Region 4 ESC:
Contract No. ______________
Initial Contract Term to
Region 4 ESC Authorized Board Member Date
Print Name
Region 4 ESC Authorized Board Member Date
Print Name
Robertson Recreational Surfaces
2414 W 12th St #5
Tempe, Arizona 85281
800-858-0519
[email protected]
Tom DiScipio
Vice President of Installations
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Appendix B
TERMS & CONDITIONS ACCEPTANCE FORM
Signature on t
he Offer and Contract Signature form certifies complete acceptance of the terms and conditions in this solicitation and draft Contract except as noted below with proposed substitute language (additional pages may be attached, if necessary) . The provisions of the RFP cannot be modified without the express written approval of Region 4 ESC. If a proposal is returned with modifications to the draft Contract provisions that are not expressly approved in writing by Region 4 ESC, the Contract provisions contained in the RFP shall prevail.
Check one of the following responses:
Offero
r takes no exceptions to the terms and conditions of the RFP and draft Contract. (Note: If none a
re listed below, it is understood that no exceptions/deviations are taken.) Offeror
takes the following exceptions to the RFP and draft Contract. All exceptions must be clearly explained, reference the corresponding term to which Offeror is taking exception and clearly state any proposed modified language, proposed additional terms to the RFP and draft Contract must be included:
(Note: Unaccep
table exceptions may remove Offeror’s proposal from consideration for award. Region 4 ESC shall be the sole judge on the acceptance of exceptions and modifications and the decision shall be final.
If an offer i
s made with modifications to the contract provisions that are not expressly approved in writing, the contract provisions contained in the RFP shall prevail.) Section/Page Term, Condition, or
Specification
Exception/Proposed Modification Accepted
(For Region 4
ESC’s use)
x
Appendix A Section
14 Page 4
Shipping within 7 days Lead times may vary from 4-16 weeks due to raw material availability
Appendix D, Exhibit
A, 3.3 L
Guaranteed Sales Volume Robertson elects not to guarantee contract sales volume EXHIBIT 1
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TAB 2 –
• Products/Pricing
EXHIBIT 1
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a) Produ
cts/pricing
i. Offerors shall provide pricing based on a discount from a price list or catalog, or fixed price, or a combination of both with indefinite quantities.
See attached Excel file
ii. Include an electronic copy of the catalog from which discount, or fixed price, is calculated.
See attached Excel file
iii. If applicable, provide a national co-efficient for standard and non-standard hours that may be used when the UPB is being utilized. For clarification, additional co-efficients are not being requested as an awarded Contractor(s) may utilize the UPB’s city index.
Standard hours: 1.0 multiplier
For standard work we will use our same hourly rate that is accounted for in our pricing and included
Non-Standard hours: 1.5 multiplier
For non-standard work, including prevailing wages, Davis-Bacon, Union Labor, etc. we will include no more than a 1.5 multiplier to our standard hourly rate.
Our pricing is inclusive of labor rates and pricelist is notated to show how said rates are impacted by non-standard hours. As our projects are always dependent on scope we are cognizant of that and price jobs accordingly to always provide best value to customers and market competitive pricing through this cooperative purchasing opportunity.
iv. Provide any applicable Billable Labor Rates by Classification.
Depending on the state, our scope of work is categorized differently leading to EXHIBIT 1
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multiple billable labor rates across all the 48 states we offer install services in.
We are careful to always provide labor rates that satisfy Prevailing Wage compliance in each of those states, and always submit that paperwork to the proper authorities for review and approval at the conclusion of the project.
Our labor rates, complying with state regulations, are rolled into our labor- inclusive pricing (please reference section i. and attached price list). v. Describe if pricing is available for all products and services? Robertson Recreational Surfaces is offering any interested Agency our complete portfolio of surfacing products and solutions to meet any need covered within this Solicitation. This includes, but is not limited to, playground safety surfacing, trails, outdoor rec areas, aquatic surfacing, trails and tracks, dog park surfacing, outdoor waterplay equipment, multi-use rec areas, courts, and indoor safety surfacing options.
All of the aforementioned products and services will be offered to any interested agency as a turn-key solution including installation services and, when applicable, sub-base preparation and other site preparation work related to our scope of work.
vi. Describe any shipping charges.
Robertson Recreational Surfaces includes shipping charges within our pricing unless otherwise stated on the attached price list.
vii. Describe any warranties and provide pricing for warranties on all products and services.
See attached Warranties at the bottom of this section.
viii. Describe any additional discounts or rebates available. Additional discounts or rebates may be offered for large quantity orders, single ship to location, growth, annual spend, guaranteed quantity, etc.
Robertson Recreational Surfaces reserves the right to offer additional discounting based on volume purchases, including, but not limited to, projects with larger scopes, addressing multiple sites or locations, or multi-year contracts.
Due to multiple factors influencing these situations, each opportunity will be EXHIBIT 1
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evaluated and discussed on an individual basis.
ix. Describe how customers verify they are receiving Contract pricing.
Any Agency may verify accurate pricing based on the parameters of this solicitation by requesting a copy of the price book we are submitting by contacting one of our representatives or representatives from OMNIA Partners.
We are always happy to discuss any pricing questions with any representative of the agency in question, Region 4, or OMNIA Partners, as we recognize our quotes are dependent on scope details and not an “off the shelf” style of pricing. x. Describe payment methods offered.
We accept payment via ACH Wire Transfer as well as a check received by certified mail. On a case-by-case basis, we will accept credit card payment (with applicable fees) as well as explore extending net-30, net-60, or other available credit options to any participating agency.
xi. Propose the frequency of updates to the Offeror’s pricing structure. Describe any proposed indices to guide price adjustments. If offering a catalog contract with discounts by category, while changes in individual pricing may change, the category discounts should not change over the term of the Contract.
Robertson Recreational Surfaces standard practice is to update pricing annually as we receive price increases from our vendors, raw material suppliers, and installation mechanisms. These updates sometimes include the introduction of any new products we are offering or the removal of products we deem fit to stop offering.
While this has been our standard approach to price updates for the last 20+ years, we recognize that in the events of dramatic changes to the marketplace (like ones we experienced in parts of ’20 and ‘21) we may request additional updates to our pricing. In this case we would provide advance notice to Region 4 and OMNIA Partners as well as include documentation to justify our request for increases outside of standard annual changes. We would also commit to transparent discussions with any agency, as we have in the past, in the event this situation occurs again.
xii. Describe how future product introductions will be priced and align with Contract pricing proposed.
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We are always committed to providing all our customers with the best solutions possible, so future product introductions are to be expected. In this event, we would go through the proper channels through OMNIA Partners and Region 4 to submit a contract amendment to add any new products into our offering to participating agencies through this cooperative purchasing opportunity.
Regarding pricing to an agency, any new product would be approached with a similar model to our current products, which is to provide all customers with competitive pricing and the best value in accordance with fair market costs for each respective good/service.
xiii. Provide any additional information relevant to this section.
Additional documentation has been added within this section.
Federal
Funding Pricing
Due to products and services potentially used in response to an emergency or disaster recovery situation in which federal funding may be used, provide alternative pricing that does not include cost plus a percentage of cost or pricing based on time and materials; if time and materials is necessary, a ceiling price that the contractor exceeds at its own risk will be needed as determined and set by the Participating Public Agency. Products and services provided in a situation where an agency is eligible for federal funding, Offeror is subject to and must comply with all federal requirements applicable to the funding including, but not limited to the FEMA Special Conditions section located in the Federal Funds Certifications Exhibit.
Not t
o Exceed Pricing
Region 4 ESC requests pricing be submitted as not to exceed pricing. Unlike fixed pricing, the Contractor can adjust submitted pricing lower if needed but, cannot exceed original pricing submitted. Contractor must allow for lower pricing to be available for similar product and service purchases. Cost plus pricing as a primary pricing structure is not acceptable.
EXHIBIT 1
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TotTurf® Limited Warranty
Issued to:
(Property Owner)
Robertson Industries, Inc. warrants that its TotTurf® safety surfacing installed at Installation Site shall be free of defects in workmanship and materials for a period of 5years limited, from June 3, 201 9, provided that the surfacing is installed by Robertson Industries, Inc. This warranty includes unreasonable rubber deterioration (limited color fade), and surface brittleness resulting in cracking.
THE WARRANTY CONTAINED HERE IS EXPRESSLY IN LIEU OF (AND PURCHASER
HEREBY WAIVES) ALL OTHER WARRANTIES, EXPRESSED, STATUTORY, OR
IMPLIED IN FACT OR BY LAW, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PURCHASER FURTHER AGREES THAT IN NO EVENT SHALL ROBERTSON INDUSTRIES, INC. ON ANY CLAIM OF ANY KIND HAVE ANY
LIABILITY TO BUYER FOR LOSS OF USE, LOSS OF PROFITS OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
The Purchaser and Robertson Industries, Inc. expressly agree that the remedies provided in this warranty are in lieu of all other remedies against Robertson Industries, Inc. which Purchaser might otherwise have, to include but not limited to, consequential damages, direct damages, and indirect damages, and further that Rob ertson Industries, Inc. sole obligations hereunder are limited to the repair or replacement of defective material. If the same material is not available Robertson Industries, Inc. reserves the right to supply material of a similar grade, color and quality. Unless reasonable written notice is provided to Robertson Industries, Inc., by purchaser of a warranty claim all claims shall be barred.
Reasonable notice is defined as written notice received thirty (30) days from the date the defect was either discovered or should have been discovered with reasonable diligence.
THE WARRANTY DOES NOT COVER DAMAGE DURING THE CURING PROCESS (Unless specified per contract), SHRINKING OF LESS THAN 3/8”, SLIGHT COLOR
VARIATIONS INCLUDING AMBERING, COLOR FADING, DAMAGE DUE TO STAINS,
BURNS, CUTS, GOUGES, AND INDENTATIONS CAUSED BY UNUSUAL USE,
PROBLEMS CAUSED BY MOISTURE, ALKALI, HYDROSTATIC PRESSURE, CRACKING,
SHIFTING OR LIFTING OF THE SUBSTRATE OVER WHICH THE SURFACING PRODUCT HAS BEEN INSTALLED. DAMAGE FROM VANDALISM AND EXCESSIVE WEAR AND TEAR EXCLUDED. THIS WARRANTY EXCLUDES TRANSFER STATION, SWINGS AND SLIDE EXITS.
MUST APPLY URETHAN E TOP COAT (TOTTURF APPROVED) EVERY 18 MONTHS AND SUPPLY DOCUMENTATION for Warranty Validation.
Richard Hawley, Corporate VP/GM
Robertson Industries, Inc. Revision 1/11/2012
EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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TAB 3 –
• Performance Capability
• OMNIA Partners Documents
EXHIBIT 1
812
b) Performance Capability
i. Include a detailed response to Appendix D, Exhibit A, OMNIA Partners Response for National Cooperative Contract. Responses should highlight experience, demonstrate a strong national presence, describe how Offeror will educate its national sales force about the Contract, describe how products and services will be distributed nationwide, include a plan for marketing the products and services nationwide, and describe how volume will be tracked and reported to OMNIA Partners.
The information located here in Tab 3 will address all of these matters and include all relevant appendixes, exhibits, etc.
ii. The successful Offeror will be required to sign Appendix D, Exhibit B, OMNIA Partners Administration Agreement prior to Contract award. Offerors should have any reviews required to sign the document prior to submitting a response.
Offeror’s response should include any proposed exceptions to OMNIA Partners Administration Agreement on Appendix B, Terms and Conditions Acceptance Form.
We agree to these terms and have included the appropriate paperwork in this tab of our response
iii. Include completed Appendix D, Exhibits F. Federal Funds Certifications and G. New Jersey Business Compliance.
These are included
iv. If applicable, describe any energy and/or operational saving improvements and cost savings measures.
We are always working to find the most efficient ways to do business. We forecast and stock commonly used raw materials in warehouses to reduce shipping costs on a per-project basis. We aim to send crews that can install multiple product types to projects where multiple products are sold to save on travel time and labor costs, EXHIBIT 1
813
always passing savings along to our customers. When applicable for larger jobs, we will send multiple or larger crews to bring installations to a conclusion in a timelier manner.
We have also vertically integrated portions of our material supply chain to more efficiently produce and ship products to job sites and reduce freight charges. v. Describe how Offeror responds to emergency orders.
Emergency orders in our business are typically the result of delays in other, previous portions of projects prior that are to be complete prior to the beginning of our scope. In these scenarios we adjust production or installation schedules however we can help meet deadlines, grand openings, or any other time-related constraint our customers may be facing.
We have taken steps to better control our own installation mechanisms as well as supply of raw materials which allows us to better serve customers in dire situations as we are working to rely less on other vendors or sub-contractors in order to execute our scope of work.
vi. Describe Offeror’s history and ability to meet service and warranty needs.
In order to achieve the best longevity of our products it is very important to address warranty and service needs quickly, which is a commitment of ours, both historically and more so going forward. We start by asking for information regarding the need, to include photos as well as a synopsis of the issue at hand. From there we evaluate and send a representative in person if needed to begin to plan a response and solution.
Once a solution is agreed upon between our operations team and our customer, we take the steps to bring that solution to fruition, which typically entails sending out an authorized installer or member of our team to perform fixes. In some occasions customers are able to perform repairs themselves, in which case we assist by expediating the necessary materials.
vii. Describe Offeror’s customer service/problem resolution process. Include hours of operation, number of services, etc.
Upon receiving notice of an issue we ask for supporting evidence to access the situation (photos, videos, description of the issue). From there our customer service team issues their statement on the matter at hand as well as options for resolution.
EXHIBIT 1
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If this initial resolution is not accepted, we escalate the issue to our Service Center Managers, then if needed a Director of Construction. It is out goal to resolve any problems amicably, treat our customer as partners, and ensure they continue to be satisfied with their purchase.
Any agency or customer can contact their local representative, as well as contact our office via phone/email Monday-Friday 8:00am-5:00pm at (800) 858-0519 or [email protected]
viii. Describe Offeror’s invoicing process. Include payment terms and acceptable methods of payments. Offerors shall describe any associated fees pertaining to credit cards/p-cards.
Our standard practice is to communicate payment terms at the time of the receipt of an order. Depending on the determinations of our credit team, we range from requiring full pre-payment to a partial deposit to extending full payment terms for projects hinging on project details.
Assuming most participating agencies on this cooperative purchasing opportunity are associated with a government entity and in good standing with said entity, we typically extend terms in these situations to be paid upon invoice. Unless pre- payment of some capacity is needed, we invoice within 30 days, unless 60- or 90-day terms are communicated to us along with submission of an order.
We accept payment via ACH Wire Transfer, certified checks, or credit cards (subject to 3% fee)
ix. Describe Offeror’s contract implementation/customer transition plan.
Upon award, our response would be an immediate implementation of the contract amongst our sales team with the intention of quickly incorporating it with any sales opportunity with a participating agency. We will also re-train our sales team on the value of cooperative purchasing and specifically the value OMNIA Partners brings when working with an eligible customer.
Our plan is to also begin channels of communication with key existing customers to communicate that future business could be done through this new opportunity. We would incorporate the award of this contract into future presentations with these customers as well as new ones as well.
Given our national reach we have a presence in a number of trade shows and EXHIBIT 1
815
conferences, both national and regional, and intend to broadcast and advertise any potential partnership with Region 4 and OMNIA Partners at these events.
Cooperative purchasing will grow to be a focus point of our direct selling efforts. x. Describe the financial condition of Offeror.
Robertson Recreational Surfaces is one of 40+ companies under the Playcore umbrella. Playcore is the nation’s leader in play and recreation, and is currently owned by Court Square Capital partners, a private equity company with over 8 billion dollars in assets under management. Financial documents will be included in this section.
xi. Provide a website link in order to review website ease of use, availability, and capabilities related to ordering, returns and reporting. Describe the website’s capabilities and functionality.
https://www.robertsonsurfaces.com/
All orders a
nd customer needs are best suited to flow through our representatives and regional managers in order to provide the best service to anyone we do business with.
The value add of our website is to give any interested party an idea of what services we provide and solutions we offer. Our website is loaded with very useful information about our products, resource available, project and image library, etc.
Also, there is quite a bit of documentation available in the form of specifications, warranty documents, edge details, architectural resources and more. xii. Describe the Offeror’s safety record.
Consi
dering that children are the main users of the products we sell and markets we participate in, we take safety very seriously. All the products we install are complaint to the following standards:
* IPEMA (International Playground Equipment Manufacturer’s Association) * ASTM (American Society for Testing and Materials)
* ADA (Americans with Disabilities Act)
We have documentation of all of our safety certifications and would be happy to share them with any interested party. We also provide Safety Data Sheets on any product we install, which verify the makeup and lack of toxicity to our materials as EXHIBIT 1
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well as other accompanying tests (Flammability, slip resistance, etc.).
Compliance aside, it is within our mission and core values at Robertson (and any Playcore company) to take an above compliance standpoint to ensure we are creating safe spaces for play and recreation.
xiii. Provide any additional information relevant to this section.
Additional documents and information can be found attached to this section.
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Appendix D
REQUIREMENTS FOR NATIONAL COOPERATIVE CONTRACT
TO BE ADMINISTERED BY
OMNIA PARTNERS
The following documents are used in evaluating and administering national cooperative contracts and are included for Supplier’s review and response.
Exhibit
A – RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
Exhibit
B – ADMINISTRATION AGREEMENT, EXAMPLE
Exhibit
C – MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING
AGREEMENT, EXAMPLE
Exhibit
D – PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE
Exhibit
E – CONTRACT SALES REPORTING TEMPLATE
Exhibit
F – FEDERAL FUNDS CERTIFICATIONS
Exhibit
G – NEW JERSEY BUSINESS COMPLIANCE
Exhibit
H – ADVERTISING COMPLIANCE REQUIREMENT
EXHIBIT 1
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EXHIBIT A
RESPO
NSE FOR NATIONAL COOPERATIVE CONTRACT
1.0 Scope of National Cooperative Contract
Capit
alized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the Administration Agreement between Supplier and OMNIA Partners.
1.1 Requ
irement
Region 4 E
SC (hereinafter defined and referred to as “Principal Procurement Agency”), on behalf of itself and the National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), is requesting proposals for Playground and Recreational Surface Products and Services. The intent of this Request for Proposal is any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal ( “Master Agreement”) be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non- profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ c ooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with OMNIA Partners, an example of which is included as Exhibit D, and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners as a Participating Public Agency in OMNIA Partners’ cooperative purchasing program.
Registration with OMNIA Partners as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C, and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners , whether pursuant to the terms of the Master Intergovernmental Purchasing Cooperative Agreement or as otherwise agreed to. The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through OMNIA Partners.
All t
ransactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither OMNIA Partners, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc. , incurred by any other Participating Public Agency. Supplier is responsible for knowing the tax laws in each state.
This E
xhibit A defines the expectations for qualifying Suppliers based on OMNIA Partners’ requirements to market the resulting Master Agreement nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through OMNIA Partners.
EXHIBIT 1
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These
requirements are incorporated into and are considered an integral part of this RFP. OMNIA Partners reserves the right to determine whether or not to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies , in its sole and absolute discretion, and any party submitting a response to this RFP acknowledges that any award by the Principal Procurement Agency does not obl igate OMNIA Partners to make the Master Agreement available to Participating Procurement Agencies.
1.2 Market
ing, Sales and Administrative Support
During t
he term of the Master Agreement OMNIA Partners intends to provide marketing, sales , partnership development and administrative support for Supplier pursuant to this section that directly promotes the Supplier’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis.
OMNI
A Partners will assign the Supplier a Director of Partner Development who will serve as the main point of contact for the Supplier and will be responsible for managing the overall relationship between the Supplier and OMNIA Partners. The Director of Partner Development will work with the Supplier to develop a comprehensive strategy to promote the Master Agreement and will connect the Supplier with appropriate stakeholders within OMNIA Partners including, Sales, Marketing, Contracting, Training, and Operations & Support.
The OM
NIA Partners marketing team will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agenc ies and prospective Public Agencies through channels that may include:
A. Marke
ting collateral (print, electronic, email, presentations) B. Website
C. Trade shows/conferences/meetings
D. Advertising
E. Social Media
The OM
NIA Partners sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through initiatives that may include:
A. Indi
vidual sales calls
B. Joint sales calls
C. Communications/customer service
D. Training sessions for Public Agency teams
E. Training sessions for Supplier teams
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The OM
NIA Partners contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through:
A. Servi
ng as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing B. Training sessions for Public Agency teams
C. Training sessions for Supplier teams
D. Regular business reviews to monitor program success
E. General contract administration
Supplie
rs are required to pay an administrative fee of 3% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the OMNIA Partners Administration Agreement (Exhibit B). At Supplier’s option, Suppliers may pay additional fees beyond administrative fees, such as technology fees, to OMNIA Partners and/or a third party for additional support and/or access to OMNIA Partners’ technology platform.
1.3 Esti
mated Volume
The dol
lar volume purchased under the Master Agreement is estimated to be approximately $50M annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procuremen t Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and OMNIA Partners.
1.4 Award
Basis
The bas
is of any contract award resulting from this RFP made by Principal Procurement Agency will, at OMNIA Partners’ option, be the basis of award on a national level through OMNIA Partners . If multiple Su ppliers are awarded by Principal Procurement Agency under the Master Agreement, those same Suppliers will be required to extend the Master Agreement to Participating Public Agencies through OMNIA Partners . Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency.
Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency (e.g. governing law) are subject to modification for each Participating Public Agency as Supplier, such Participating Public Agency and OMNIA Partners shall agree without being in conflict with the Master Agreement.
Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (i.e. invoice requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, governing law, etc.) (“Supplemental Agreement”).
It shall be the responsibility of the Supplier to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the Participating Agency. It EXHIBIT 1
821
shall
further be the responsibility of the Supplier to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of the Master Agreement and adjust wage rates accordingly. In instances where supplemental terms and conditions create additional risk and cost for Supplier, Supplier and Participating Public Agency may negotiate additional pricing above and beyond the stated contract not -to-exceed pricing so long as the added price is commensurate with the addit ional cost incurred by the Supplier. Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to OMNIA Partners).
All signe
d Supplemental Agreements and purchase orders issued and accepted by the Supplier may survive expiration or termination of the Master Agreement. Participating Agencies’ purchase orders may exceed the term of the Master Agreement if the purchase order is issued prior to the expiration of the Master Agreement . Supplier is responsible for reporting all sales and paying the applicable administrative fee for sales that use the Master Agreement as the basis for the purchase order, even though Master Agreement may have expired.
1.5 Ob
jectives of Cooperative Program
This R
FP is intended to achieve the following objectives regarding availability through OMNIA Partners’ cooperative program:
A. Provide
a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies; B. Establish the Master Agreement as the Supplier’s primary go to market strategy to Public Agencies nationwide;
C. Achieve cost savings for Supplier and Public Agencies through a single solicitation process that will reduce the Supplier’s need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process; D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing.
2.0 REPRE
SENTATIONS AND COVENANTS
As a c
ondition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and OMNIA Partners designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier.
2.1 Corp
orate Commitment
Supp
lier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier’s executive management, (2) the Master Agreement is Supplier's primary “go to market” strategy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the EXHIBIT 1
822
Mast
er Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with OMNIA Partners and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account man ager within the RFP response that will be responsible for the overall management of the Master Agreement.
2.2 Prici
ng Commitment
Supp
lier commits the not -to-exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract, the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement.
2.3 Sal
es Commitment
Supp
lier commits to aggressively market the Master Agreement as its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through OMNIA Partners nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to OMNIA Partners in accordance w ith the OMNIA Partners Administration Agreement. Supplier also commits its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement.
3.0 SUPP
LIER RESPONSE
Supplie
r must supply the following information in order for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners.
3.1 Comp
any
A. Brie
f history and description of Supplier to include experience providing similar products and services.
B. Total number and location of sales persons employed by Supplier.
C. Number and location of support centers (if applicable) and location of corporate office.
D. Annual sales for the three previous fiscal years.
a. Submit FEIN and Dunn & Bradstreet report.
E. Describe any green or environmental initiatives or policies.
F. Describe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement.
Indicate how, if at all, pricing changes when using the diversity program. If there EXHIBIT 1
823
3.0 Supplier Response
3.1 Company
A) Brief history and description of Supplier to include experience providing similar products and services.
Robertson started in Arizona in 1991 and was primarily installed pool deck installations in commercial and residential applications. It was the Americans with Disabilities Act (ADA) and the Consumer Product Safety Commission (CPSC) regulations that propelled us into the playground world to help provide the ultimate in accessibility, while meeting all safety guidelines. We continue to install safe surfaces for commercial playgrounds and recreational spaces to this day. Our core values are centered around exceeding expectations in the industry and to or customers. Our commitment to our customers is that our products and services will meet or exceed ASTM and IPEMA certifications for safe recreational surfaces. Robertson also promises forthright customer support, credible installation services, and dependable maintenance solutions that will provide peace of mind before, during, and after our work is done.
B) Total number and location of sales persons employed by Supplier.
Our sales team is made up of 12 employees in a variety of positions including Regional sales managers, sales managers, direct sales associates, and house account managers.
These employees work out of various locations including California, Arizona, Texas, Tennessee, New York, and Florida.
This sales staff manages and supports hundreds of representatives in the field for the various local partners we have that help us cover 48 states. More information can be found in the attached documents on this tab.
C) Number and location of support centers (if applicable) and location of corporate office.
Headquartered in Phoenix Arizona, Robertson also has satellite offices and service EXHIBIT 1
824
centers in Chattanooga TN, Buffalo NY, Fort Payne AL, Oakland CA, Corona CA, Upland CA, Phoenix AZ, San Antonio TX, Ranger GA, Calhoun GA, Columbia SC, Owosso MI, Ocala FL
D) Annual sales for the three previous fiscal years.
2020 - $27,626,535.06
2021 - $27,914,707.63
2022 - $34,614,171
Submit FEIN and Dunn & Bradstreet report.
FEIN Number – 86-0686635
D & B Included at the bottom of this section.
E) Describe any green or environmental initiatives or policies.
Our poured in place rubber product, the most commonly sold product we offer, is install
ed using a base material made from a byproduct of tire re-treading. Another cushion optio
n we offer and commonly work with is chunk, or pre-consumer, post- industrial rubber that helps keep manufacturing waste from landfills. We have been able to get our chunk rubber approved in various states for grants that require the use of recycled products i
n order to achieve funding. An example is listed below (please note the supplier of our chunk, American Recycling, is a sister company and partner of ours).
F) Describe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement.
Indicate how, if at all, pricing changes when using the diversity program. If there are any diver
sity programs, provide a list of diversity alliances and a copy of their certifications.
Robertson has a policy in place for providing equal opportunity to all employees and applicants for employment, in accordance with all applicable equal employment opportunities/affirmative action laws, directives and regulations of federal, state and local governing bodies or agencies
G) Indicate if supplier holds any of the below certifications in any classified areas and include proof of such certification in the response:
EXHIBIT 1
825
Minority Women Business Enterprise : No
Small Business Enterprise or Disadvantaged Business Enterprise : No Historically Underutilized Businesses : No
Other recognized diversity certificate holder : No
H) List any relationships with subcontractors or affiliates intended to be used when providing services and identify if subcontractors meet minority-owned standards. If any, list which certifications subcontractors hold and certifying agency.
We have a number of affiliates and subcontractors we partner with to give our customers the best service possible. These include not only sister companies and other businesses under our corporate umbrella but also certified sub-contractor crews that we work with to execute installations. These partnerships are all over the country. There are no certifications to report in this section
I) Describe how supplier differentiates itself from its competitors.
Robertson differentiates from the competition in multiple ways. As a vertically integrated business, we control the supply and manufacturing of some of the raw materials we install, allowing us to better account for quality control and have the ability to influence logistics and lead times.
We have a continued dedication to research and innovation and are not satisfied with being an industry leader today, we want to continue to be in perpetuity. We carefully examine our materials to be sure to provide the best quality and certify any subcontractor or installer we partner with to ensure they are skilled and professional.
Our attention to detail and customer service (in short, our team members) also set us aside from the competition with the top level experience we give to customers not only during the sales and installation period but afterwards when we continue to take care of their needs.
J) Describe any present or past litigation, bankruptcy or reorganization involving supplier.
Robertson surfaces is owned by Playcore, who as of 2017 has been owned by Court Square Capital management. Our parent company is always looking to add additional resources and companies to better serve our customer and provide a complete suite of solutions. Recent acquisitions in the surfacing arena include Rubber Designs, American Recycling Company, Fibar, Sport Surface Specialties, and Flexground.
EXHIBIT 1
826
K) Felony Conviction Notice
No to all
L) Describe any debarment or suspension actions taken against supplier
None.
3.2 Distribution, Logistics
A) Each offeror awarded an item under this solicitation may offer their complete product and service offering/a balance of line. Describe the full line of products and services offered by supplier.
Within this solicitation we are offering our full product offerings to any agencies that participate in this cooperative agreement. Our full line of products include solutions for a number of surfacing products including : Playground Surfacing, Trails and Tracks, Outdoor recreational areas, aquatic surfacing, tennis court resurfacing, dog park surfacing, outdoor water play equipment, splash pads, indoor safety surfacing, and multi-use rec spaces.
These markets are served using a number of product options including : EPDM Rubber, TPV Rubber, Chunk Rubber, SBR, Interlocking tiles (both buffing topped and EPDM topped), artificial turf, bonded rubber, shredded rubber, rubber nuggets, engineered wood fiber, and water play equipment using stainless steel piping and fiberglass components.
B) Describe how supplier proposes to distribute the products/service nationwide. Include any states where products and services will not be offered under the Master Agreement, including U.S. Territories and Outlying Areas.
We will distribute all products using our nationwide sales source comprised of regional managers, sales managers, direct sales representatives, and account managers. These employees manage and support a wide network of dealers and reps in the field that help drive business and will promote the contract.
EXHIBIT 1
827
Operationally, we have a broad team of employees who coordinate with installers in the field to bring projects through fruition. We have a VP of installation, who has 2 directors of construction each managing half of the nation. Each Director of Construction has a number of service center managers and operations managers that report up to them that help cover the distribution of products and collaboration with installers and local sub-contractors.
C) Describe how Participating Agencies are ensured they will receive the Master Agreement pricing; include all distribution channels such as direct ordering, retail or in-store locations, through distributors, etc. Describe how Participating Agencies verify and audit pricing to ensure its compliance with the Master Agreement.
While our sales reach is extensive, all quoting goes back to our home offices and headquarters, allowing us to be sure all pricing is within communicated guideline and price points outlined in our submitted spreadsheets. Furthermore, any agency can request a copy of our price book from us, Region 4, or OMNIA Partners for further verification that any price will be below the ceiling pricing submitted to and approved by Region 4/OMNIA P
artners.
D) Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user.
Other companies include Sport Surface Specialties, Fibar, Rubber Designs, Water Odyssey, and Flexground. Other companies may be used on a per-job b asis, primarily as sub-contractors to carry out the work. Please reference attached document for authorized users.
E) Provide the number, size and location of Supplier’s distribution facilities, warehouses and retail network as applicable.
We have a number of warehouses and distribution facilities across the country, detailed out i
n 3.1 C. These locations vary in size from full warehouses to distribution centers and office locations.
We do
not participate in a retail sales model.
EXHIBIT 1
828
3.3 Marketing and Sales
A) A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for Public Agencies to supplier’s teams nationwide, to include, but not limited to:
B) Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Public Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but Robertson Recreational Surfaces recognizes the opportunity for growth with the acceptance of this vendor partnership. Per your suggested plan, our team will implement best marketing practices for ensuring public agencies are alerted to our national contact.
First 30 Days:
• At implementation, we will draft and release a full press release digitally and to key customers/partners of our contract award
• Our team will update www.robertsonsurfaces.com to include OMNIA logo and an active link to OMNIA website for contract details
• Robertson will begin to update marketing materials to include any new OMNIA content including logos and links to the OMNIA site for details • Robertson will announce the new contract agreement via email marketing targeting over 20k recipients in all regions of the US
• Robertson will recreate OMNIA benefit sheets and trade show signage for sales to support features and benefits of the contract agreement.
Within First 90 Days:
• Robertson will recreate OMNIA benefit sheets and trade show signage for sales to support features and benefits of the contract agreement. • Robertson will routinely remind and train sales distribution about the Omnia contract through email updates, quarterly newsletters, tradeshow materials, website, and social media
• Robertson will request and document sales opportunity information from regional sales force to ensure contract is being properly supported at the ground level EXHIBIT 1
829
not limited to:
C) Describe how Supplier will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through OMNIA Partners. Include a list of current cooperative contracts (regional and national) Supplier holds and describe how the Master Agreement will be positioned among the other cooperative agreements.
Upon award, we plan to quickly communicate the new opportunity to all existing customers in order to drive new business through this new cooperative opportunity.
If awarded, OMNIA Partners will be positioned as our primary go-to-market solution for any cooperative opportunities.
D) Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of OMNIA Partners logo will require permission for reproduction, as well.
We acknowledge and agree.
E) Confirm Supplier will be proactive in direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners. All sales materials are to use the OMNIA Partners logo. At a minimum, the Supplier’s sales initiatives should communicate:
i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency
In conjunction with the strategy implementation for public agencies, the Robertson team will implement the following actions for Participating Public Agencies immediately upon reward and executed within the first 90 days.
• At implementation, our team will draft and release a full press release digitally and directly to key customers/partners of our contract award • Digital and social announcements will be posted with links to the OMNIA contract page • Include OMNIA logos and information in all applicable presentations to customers • Robertson will also include OMNIA contract information on print industry listings when possible
EXHIBIT 1
830
ii. Best government pricing
iii. No cost to participate
iv. Non-exclusive
We acknowledge and confirm.
F) Confirm Supplier will train its national sales force on the Master Agreement. At a minimum, sales training should include:
i. Key features of Master Agreement
ii. Working knowledge of the solicitation process
iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners
iv. Knowledge of benefits of the use of cooperative contracts
We acknowledge and confirm
G) Provide the name, title, email and phone number for the person(s), who will be responsible for:
i. Executive Support – Tom DiScipio, VP of Installations, [email protected] 716.341.1011
ii. Marketing – Georgia Tippens, Director of Marketing, [email protected] 423.333.5480
iii. Sales – Karim Odeh, Regional Sales Manager, [email protected] 931.265.6562
iv. Sales Support - Karim Odeh, Regional Sales Manager, [email protected] 931.265.6562
v. Financial Reporting – Susan Chadwick, Accounting Manager, [email protected] 602.707.6888
vi. Accounts Payable - Susan Chadwick, Accounting Manager, [email protected] 602.707.6888
vii. Contracts – Shelley Monk, Contract Administrator,
[email protected] 602.460.1121
EXHIBIT 1
831
H) Describe in detail how Supplier’s national sales force is structured, including contact information for the highest-level executive in charge of the sales team.
Our VP of Installations also oversees national sales. Tom DiScipio, [email protected] 716.341.1011
Tom oversees a team of Regional Sales Managers that cover the 50 US states we do business in throughout 6 different regions. Outside of these regional managers, there are a few sales managers, house account managers, and direct sales representatives that roll up into our sales management staff.
Employee sales staff aside, we also work closely with and support a vast network of field representatives across our partnering brands who we supply surfacing and waterplay solutions for as they visit customers in the field and uncover opportunities.
I) Explain in detail how the sales teams will work with the OMNIA Partners team to implement, grow and service the national program.
Our sales team will be introduced to and work closely with our OMNIA Partners team members to collaborate on opportunities and attack target markets together. This can include trainings, joint sales calls, marketing efforts, and presentation to help drive the OMNAI Partners and Robertson partnership.
Explain in detail how Supplier will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account setup, timely contract administration, etc.
Robertson is open to keeping a healthy line of communication going with OMNIA Partners through a monthly call to discuss progress, updates, schedule necessary trainings or support sessions, and keep information flowing between OMNIA Partners regional team and our sales management team.
J) State the amount of Supplier’s Public Agency sales for the previous fiscal year. Provide a list of Supplier’s top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each.
1. Clark County School District (Nevada) - $1,671,487
2. San Diego Unified School District (California) - $1,040,200
3. City of Irvine (California) - $644,377
4. Menifee Unified School District (California) - $549,000 EXHIBIT 1
832
5. Clark County (Nevada) - $524,303
6. City of Ennis (Texas) - $413,940
7. San Bernadino City Unified School District (California) - $277,000
8. City of Eastvale (California) - $267,093
9. City of Riverside (California) - $250,800
10. City of Dallas (Texas) - $243,487
Regarding contacts, we work with multiple people among these customers depending on their need (multiple schools, city parks, public works vs parks and rec, etc). We are happy to provide key contacts upon request. We have included a list of references of multi-year contracts including contacts as an aside to this list of agencies that only captured 2022 sales.
Also, please note a sizeable portion of our business flows through dealer reps and partners in the field (as described the sales portion of this solicitation), that sales data is not reflected in the above top customers.
K) Describe Supplier’s information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions.
We operate a number of platforms to help track our sales, orders, and manage the installation side of the business. We use Hubspot for daily quoting and CRM management, Dynamics for macro business management, and Buildertrend to track and manage installations. These platforms allow us to be efficient and organized to help meet customer needs in a timely manner.
L) Provide the Contract Sales (as defined in Section 10 of the OMNIA Partners Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement (“Guaranteed Contract Sales”).
Robertson is electing not to guarantee a volume number, please reference Tab 1, Appendix B
M) Even though it is anticipated many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available EXHIBIT 1
833
when responding to a solicitation for Products covered under the Master Agreement.
i. Respond with Master Agreement pricing (Contract Sales reported to OMNIA Partners).
ii. If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to OMNIA Partners under the Master Agreement.
iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to OMNIA Partners).
iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include
Detail Supplier’s strategies under these options when responding to a solicitation.
Our strategy in this instance would be to reach out to customers and have a discussion to better understand their decision to procure business in the way that they did and use our knowledge of cooperative purchasing (alongside guidance and support from OMNIA Partners team members) to attempt to find ways that taking advantage of this contract is beneficial for that agency.
EXHIBIT 1
834
EXHIB
IT B
ADMINISTRATION AGREEMENT, EXAMPLE
ADMINISTRATION AGREEMENT
THIS
ADMINISTRATION AGREEMENT (this “ Agreement”) is made this ___ day of ______ 20__, between National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), and ________________ (“Supplier”).
RECITAL
S
WHERE
AS, the ___________________ (the “ Principal Procurement Agency ”) has entered into a Master Agreement effective _________________, Agreement No_______, by and between the Principal Procurement Agency and Supplier, (as may be amended from time to time in accordance with the terms thereof, the “ Master Agreement”), as attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, for the purchase of ____________________________ (the “Product”);
WHERE
AS, said Master Agreement provides that any or all public agencies, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (collectively, “Public Agencies”), that register (either via registration on the OMNIA Partners website or execution of a Master Intergovernmental Cooperative Purchasing Agreement, attached hereto as Exhibit B ) (each, hereinafter referred to as a “Participating Public Agency”) may purchase Product at prices stated in the Master Agreement; WHERE
AS, Participating Public Agencies may access the Master Agreement which is offered through OMNIA Partners to Public Agencies;
WHERE
AS, OMNIA Partners serves as the contract administrator of the Master Agreement on behalf of Principal Procurement Agency;
WHERE
AS, Principal Procurement Agency desires OMNIA Partners to proceed with administration of the Master Agreement; and
WHERE
AS, OMNIA Partners and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies and to set forth certain terms and conditions governing the relationship between OMNIA Partners and Supplier.
NOW, T
HEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, OMNIA Partners and Supplier hereby agree as follows:
DEFINI
TIONS
1. Capit
alized terms used in this Agreement and not otherwise defined herein shall have the meanings given to them in the Master Agreement.
EXHIBIT 1
835
TERMS AND CONDIT
IONS
2. The Mast
er Agreement and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges and agrees that the covenants and agreements of Supplie r set forth in the solicitation and Supplier’s response thereto resulting in the Master Agreement are incorporated herein and are an integral part hereof.
3. OMNIA P
artners shall be afforded all of the rights, privileges and indemnifications afforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to OMNIA Partners , its agents, employees, directors, and representatives under this Agreement including, but not limited to, Supplier’s obligation to obtain appropriate insurance.
4. OMNIA P
artners shall perform all of its duties, responsibilities and obligations as contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set forth herein, and Supplier hereby acknowledges and agrees that all duties, responsibilities and obligations will be undertaken by OMNIA Partners solely in its capacity as the contract administrator under the Master Agreement.
5. With res
pect to any purchases by Principal Procurement Agency or any Participating Public Agency pursuant to the Master Agreement, OMNIA Partners shall not be: (i) construed as a dealer, re-marketer, representative, partner or agent of any type of the Supplier, Principal Procurement Agency or any Participating Public Agency; (ii) obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Product; and (iii) obligated, liable or responsible for any failure by Principal Procureme nt Agency or any Participating Public Agency to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. OMNIA Partners makes no representation or guaranty with respect to any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement.
6. OMNIA P
artners shall not be responsible for Supplier’s performance under the Master Agreement, and Supplier shall hold OMNIA Partners harmless from any liability that may arise from the acts or omissions of Supplier in connection with the Master Agreement.
7. Supplier a
cknowledges that, in connection with it s access to OMNIA Partners confidential information and/or supply of data to OMNIA Partners, it has complied with and shall continue to comply with all laws, regulations and standards that may apply to Supplier, including, without limitation: (a) U nited St ates f ederal and state information security and privacy statutes, regulations and/or best practices, including, without limitation, the Gramm- Leach-Bliley Act, the Massachusetts Data Security Regulations (201 C.M.R. 17.00 et. seq.), the Nevada encryption statute (N.R.S. § 603A), the California data security law (Cal. Civil Code § 1798.80 et. seq.) and California Consumer Privacy Act (Cal. Civil Code § 1798.100 et. seq.); and (b) applicable industry and regulatory standards and best practices (collectively, “Data Regulations”).
With rega
rd to Personal Information that Supplier collects, receives, or otherwise processes under the Agreement or otherwise in connection with performance of the Agreement, Supplier agrees that it will not: (i) sell, rent, relea se, disclose, disseminate, make available, transfer, or otherwise Robertson Recreato
EXHIBIT 1
836
communi
cate orally, in writing, or by electronic or other means, such Personal Information to another business or third party for monetary or other valuable consideration; or (ii) retain, use, or disclose such Personal Information outside of the direct business relationship between Supplier and OMNIA Partners or for any purpose other than for the specific purpose of perform ance of the Agreement, including retaining, using, or disclosing such Personal Information for a commercial purpose other than for performance of the Agreement . By entering into the Agreement, Supplier certifies that it understands the specific restrictions contained in this Section 7 and will comply with them. For purposes hereof, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, and includes the speci fic elements of “personal information” as defined under Data Regulations, as defined herein. Supplier will reasonably assist OMNIA Partners in timely responding to any third party “request to know” or “request to delete” (as defined pursuant to Data Regulations) and will promptly provide OMNIA Partners with information reasonably necessary for OMNIA Partners to respond to such requests. Where Supplier collects Personal Information directly from Public Agencies or others on OMNIA Partners ’ behalf, Supplier will maintain records and the means necessary to enable OMNIA Partners to respond to such requests to know and requests to delete.
8. WIT
HOUT LIMITING THE GENERALITY OF THE FOREGOING, OMNIA
PARTNERS EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING OMNIA PARTNERS’ PERFORMANCE AS A CONTRACT ADMINISTRATOR OF THE MASTER AGREEMENT. OMNIA PARTNERS SHALL NOT BE
LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF OMNIA PARTNERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERM OF
AGREEMENT; TERMINATION
9. Thi
s Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the provisions of Sections 3 – 8 and 11 – 22, hereof and the indemnifications afforded by the Supplier to OMNIA Partners in the Master Agreement, to the extent such provisions survive any expiration or termination of the Master Agreement, shall survive the expiration or termination of this Agreement.
NATIONAL
PROMOTION
10. OMN
IA Partners and Supplier shall publicize and promote the availability of the Master Agreement’s products and services to Public Agencies and such ag encies’ employees.
Supplier shall require each Public Agency to register its participation in the OMNIA Partners program by either registering on the OMNIA Partners website ( www.omniapartners.com/publicsector), or executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the Participating Public Agency’s first sales order. Upon request, Supplier shall make available to interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be necessary for such Public Agencies to evaluate potential purchases.
11. Suppli
er shall provide such marketing and administrative support as set forth in the solicitation resulting in the Master Agreement, including assisting in development of marketing materials as reasonably requested by Principal Procurement Agency and OMNIA Partners. Supplier shall be responsible for obtaining permission or license of use and payment of any license fees for all content and images Supplier provides to OMNIA Partners or posts on the OMNIA Partners website.
EXHIBIT 1
837
Supplie
r shall indemnify, defend and hold harmless OMNIA Partners for use of all such content and images including copyright infringement claims. Supplier and OMNIA Partners each hereby grant to the other party a limited, revocable, non-transferable, non-sublicensable right to use such party’s logo (each, the “Logo”) solely for use in marketing the Master Agreement. Each party shall provide the other party with the standard terms of use of such party’s Logo, and such party shall comply with such terms in all material respects. Both parties shall obtain approval from the other party prior to use of such party’s Logo. Notwithstanding the foregoing, the parties understand and agree that except as provided herein neither party shall have any right, title or interest in the other party’s Logo. Upon termination of this Agreement, each party shall immediately cease use of the other party’s Logo.
ADMINIS
TRATIVE FEE, REPORTING & PAYMENT
12. An “Admin
istrative Fee” shall be defined and due to OMNIA Partners from Supplier in the amount of __ percent (__%) (“Administrative Fee Percentage”) multiplied by the total purchase amount paid to Supplier, less refunds, credits on returns, rebates and discounts, for the sale of products and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the Master Agreement (as amended from time to time and including any renewal thereof) (“Contract Sales ”). From time to time the parties may mutually agree in writing to a lower Administrative Fee Percentage for a specifically identified Participating Public Agency’s Contract Sales.
13. Suppli
er shall provide OMNIA Partners with an electronic accounting report monthly, in the format prescribed by OMNIA Partners , summarizing all Contract Sales for each calendar month. The Contract Sales reporting format is provided as Exhibit C (“Contract Sales Report ”), attached hereto and incorporated herein by reference. Contract Sales Reports for each calendar month shall be provided by Supplier to OMNIA Partners by the 10th day of the following month. Failure to provide a Contract Sales Report within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners’ sole discretion.
14. Adminis
trative Fee payments are to be paid by Supplier to OMNIA Partners at the frequency and on the due date stated in Section 12, above, for Supplier’s submission of corresponding Contract Sales Reports. Administrative Fee payments are to be made via Automated Clearing House (ACH) to the OMNIA Partners designated financial institution identified in Exhibit D. Failure to provide a payment of the A dministrative Fee with in the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners’ sole discretion.
All Administrative Fees not paid when due shall bear interest at a rate equal to the lesser of one and one-half percent (1 1/2%) per month or the maximum rate permitted by law until paid in full.
15. Suppli
er shall maintain an accounting of all purchases made by Participating Public Agencies under the Master Agreement. OMNIA Partners, or its designee, in OMNIA Partners’ sole discretion, reserves the right to compare Participating Public Agency records with Contract Sales Reports submitted by Supplier for a period of four (4) years from the date OMNIA Partners receives such report. In addition, OMNIA Partners may engage a third party to conduct an independent audit of Supplier’s monthly reports. In the event of such an audit, Supplier shall provide all materials reasonably requested relating to such audit by OMNIA Partners at the location designated by OMNIA Partners. In the event an underreporting of Contract Sales and a resulting underpayment of EXHIBIT 1
838
Administr
ative Fees is revealed, OMNIA Partners will notify the Supplier in writing. Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to OMNIA Partners’ reasonable satisfaction, including payment of any Administrative Fees due and owing, together with interest thereon in accordance with Section 13, and reimbursement of OMNIA Partners’ costs and expenses related to such audit.
GENERAL
PROVISIONS
16. This
Agreement, the Master Agreement and the exhibits referenced herein supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereto and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding. In the event of any conflict between the provisions of this Agreement and the Master Agreement, as between OMNIA Partners and Supplier, the provisions of this Agreement shall prevail.
17. If a
ny action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any A dministrative Fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which it may be entitled.
18. This A
greement and OMNIA Partners’ rights and obligations hereunder may be assigned at OMNIA Partners’ sole discretion to an affiliate of OMNIA Partners, any purchaser of any or all or substantially all of the assets of OMNIA Partners, or the successor entit y as a result of a merger, reorganization, consolidation, conversion or change of control, whether by operation of law or otherwise. Supplier may not assign its obligations hereunder without the prior written consent of OMNIA Partners.
19. All wr
itten c ommunications given hereunder shall be delivered by first -class mail, postage prepaid, or overnight delivery on receipt to the addresses as set forth below.
A. OMNI
A Partners:
OMNI
A Partners
Attn: President
840 Crescent Centre Drive
Suite 600
Franklin, TN 37067
B. Supplie
r:
____________________
____________________
____________________
____________________
20. If a
ny provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall n ot affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this Agreement will be construed by limiting or invalidating such provision to the minimum extent necessary to make such provision valid, legal and enforceable.
EXHIBIT 1
839
21. This Agreement may not be amended, changed, modified, or altered without the prior written consent of the parties hereto, and no provision of this Agreement may be discharged or waived, except by a writing signed by the parties. A waiver of any particular provision will not be deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply to any other occasion.
22. This
Agreement shall inure to the benefit of and shall be binding upon OMNIA Partners, the Supplier and any respective successor and assign thereto; subject, however, to the limitations contained herein.
23. This
Agreement will be construed under and gov erned by the laws of the State of Delaware, excluding its conflicts of law provisions and any action arising out of or related to this Agreement shall be commenced solely and exclusively in the state or federal courts in Williamson County Tennessee.
24. This
Agreement may be executed in counterparts, each of which is an original but all of which, together, shall constitute but one and the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile, or by .pdf or similar e lectronic transmission, will constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes . Signatures of the parties transmitted by facsimile, or by .pdf or similar electronic transmission, will be deemed to be their original signatures for any purpose whatsoever. [INSERT SUPPLIER ENTITY NAME] NATIONAL
INTERGOVERNMENTAL
PURCHASING ALLIANCE
COMPANY, A DELAWARE
CORPORATION D/B/A OMNIA
PARTNERS, PUBLIC SECTOR
Signature Signature
Sarah Vavra
Name Name
Sr. Vice President, Public Sector
Contracting
Title Title
Date Date
EXHIBIT 1
840
EXHIB
IT C
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT,
EXAMPLE
MASTE
R INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This M
aster Intergovernmental Cooperative Purchasing Agreement (this “Agreement”) is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate (“Principal Procurement Agencies ”) with National Intergovernmental Purchasing Alliance Company , a Delaware corporation d/b/a OMNIA Partners, Public Sector and/or Communities Program Management, LLC, a California limited liability company d/b/a U.S.
Communities (collectively, “OMNIA Partners”) to be appended and made a part hereof and such other public agencies (“ Participating Public Agencies ”) who register to participate in the cooperative purchasing programs administered by OMNIA Partners and its affiliates and subsidiaries (collectively, the “OMNIA Partners Parties”) by either registering on the OMNIA Partners website (www.omniapartners.com/publicsector or any successor website) , or by executing a copy of this Agreement.
RECITAL
S
WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers have entered into “ Master Agreements” (herein so called) to provide a variety of goods, products and services (“ Products”) to the applicable Principal Procurement Agency and the Participating Public Agencies;
WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the OMNIA Partners Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; and WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements.
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties hereby agree as follows:
1. Each party will facilitate the cooperative procurement of Products.
2. The Pa
rticipating Public Agencies shall procure Products in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency’s procurement practices. The Participating Public Agencies hereby acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and that Principal Procurement Agencies’ participation in the program described herein comply with all applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952( j), as may be amended from time to time. The Participating Public Agencies further acknowledge and agree that they are solely responsible for their compliance with all applicable “safe harbor” regulations, EXHIBIT 1
841
includi
ng but not limited to any and all obligations to fully and accurately report discounts and incentives.
3. The Pa
rticipating Public Agency represents and warrants that the Participating Public Agency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a hospital or healthcare provider.
4. The coo
perative use of Master Agreements shall be in accordance with the terms and conditions of the Master Agreements, except as modification of those terms and conditions is otherwise required by applicable federal, state or local law, policies or procedures.
5. The Pr
incipal Procurement Agencies will make available, upon reasonable request, Master Agreement information which ma y assist in improving the procurement of Products by the Participating Public Agencies.
6. The Pa
rticipating Public Agency agrees the OMNIA Partners Parties may provide access to group purchasing organization (“ GPO”) agreements directly or indirectly by enrolling the Participating Public Agency in another GPO’s purchasing program provided the purchase of Products through the OMNIA Partners Parties or any other GPO shall be at the Participating Public Agency’s sole discretion.
7. The Par
ticipating Public Agencies (each a “Procuring Party ”) that procure Products through any Master Agreement or GPO Product supply agreement (each a “ GPO Contract”) will make timely payments to the distributor, manufacturer or other vendor (collectively, “Supplier”) for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier.
8. The Pr
ocuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for purchase of similar products or services outside of the Master Agreement. Master Agreements may be structured with not -to-exceed pricing, in which cases the Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or additional concessions for purchase of Products through a Master Agreement.
9. The Pr
ocuring Party shall be responsible for the ordering of Products under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a Procuring Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non-procuring party harmless from any liability that may arise from the acts or omissions of the Procuring Party.
10. WITHOU
T LIMITING THE GENERALITY OF THE FOREGOING, THE OMNIA
PARTNERS PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED
REPRESENTATIONS AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO CONTRACT. THE OMNIA PARTNER S PARTIES SHALL NOT BE
LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF THE OMNIA PARTNERS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE
PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE OMNIA PARTNERS
PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION BY A SUPPLIER OR EXHIBIT 1
842
OTHER P
ARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT.
11. This A
greement shall remain in effect until termination by either party giving thirty (30) days’ written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall survive any such termination.
12. This A
greement shall take effect upon (i) execution of the Principal Procurement Agency Certificate, or (ii) registration on the O MNIA Partners website or the execution of this Agreement by a Participating Public Agency, as applicable.
NATIONAL INTERGOVERNMENTAL
PURCHASING ALLIANCE COMPANY,
A DELAWARE CORPORATION D/B/A
OMNIA PARTNERS, PUBLIC SECTOR
AND/OR COMMUNITIES PROGRAM
MANAGEMENT, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY D/B/A
U.S. COMMUNITIES
Authorized Signature Signature
Sarah E. Vavra
Name Name
Sr. Vice President, Public Sector Contracting
Title and Agency Name Title
Date Date
EXHIBIT 1
843
EXHIBIT D
PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE
PRINCIPAL PROCU
REMENT AGENCY CERTIFICATE
In its capacity as a P rincipal Proc urement Age ncy (as defined below) for National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), [NAME OF P PA] agrees to pursue Master Agreeme nts for Products as specified in the attached Exhibits to this Principal Procurement Agency Certificate.
I hereby acknowledge, in my capacity as _____________ of and on behalf of [ NAME OF PPA] (“Principal Procurement Agency”), that I have read and hereby agree to the general terms and conditions set forth in the attached Master Intergovernm ental Cooperative Purchasing Agree ment regulating the use of the Master Agreements and purchase of Products that from time to time are made available by Principal Procurement Agencies to Participating Pub lic Agencies nationwide through OMNIA Partners.
I understand that the purchase of one or mor e Products under the provisions of the Master Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the Participating Public Agency.
Authorized Signature, [PRINCIPAL PROCUREMENT AGENCY]
Signature
Name
Title
Date
EXHIBIT 1
844
EXHIBIT F
FEDERAL FUNDS CERTIFICATIONS
FEDERAL CERTIFICATIONS
ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT
TO WH
OM IT MAY CONCERN:
Partici
pating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be completed and returned.
DEFINITIONS
Contract means a legal instrument by which a non–Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this part does not include a legal instrument, even if the non –Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward Contrac
tor means an entity that receives a contract as defined in Contract.
Cooper
ative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass -through entity and a non–Federal entity that, consistent with 31 U.S.C. 6302– 6305:
(a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non –Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government or pass-through entity's direct benefit or use;
(b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass-through entity and the non –Federal entity in carrying out the activity contemplated by the Federal award. (c) The term does not include:
(1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or (2) An agreement that provides only:
(i) Direct United States Government cash assistance to an individual; (ii) A subsidy;
(iii) A loan;
(iv) A loan guarantee; or
(v) Insurance.
Federal aw
arding agency means the Federal agency that provides a Federal award directly to a non –Federal entity Federal aw
ard has the meaning, depending on the context, in either paragraph (a) or (b) of this section:
(a)(1) The Federal financial assistance that a non– Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity, as described in § 200.101 Applicability; or (2) The cost -reimbursement contract under the Federal Acq uisition Regulations that a non– Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity, as described in § 200.101 Applicability.
(b) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the cost - reimbursement contract awarded under the Federal Acquisition Regulations. (c) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal government owned, contractor operated facilities (GOCOs). (d) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement.
Non–Feder
al entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient.
Nonprofi
t organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:
(a) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (b) Is not organized primarily for profit; and
EXHIBIT 1
845
(c) Uses net proceeds to maintain, improve, or expand the operations of the organization.
Obligations me
ans, when used in connection with a non –Federal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non–Federal entity during the same or a future period.
Pass-through enti
ty means a non–Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program.
Recipient mean
s a non –Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. The term recipient does not include subrecipients.
Simplifie
d acquisition threshold means the dollar amount below which a non –Federal entity may purchase property or services using small purchase methods. Non–Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this par t, the simplified acquisition threshold is $ 250,000, but this threshold is periodically adjusted for inflation. (Also see definition of § 200.67 Micro - purchase.)
Subaward means
an award provided by a pass -through entity to a subrecipient for the subrecipi ent to carry out part of a Federal award received by the pass -through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.
Subrecipient m
eans a non– Federal entity that receives a subaward from a pass -through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.
Terminatio
n means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance.
The following ce
rtifications and pr ovisions may be req uired and ap ply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as a uthorized by 41 U.S.C. 1908, must a ddress a dministrative, c ontractual, or leg al remed ies in instance s w here contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.
Does offeror agree? YES Initials of Authorized Representative of offeror (B) Termination for c ause and for c onvenience by the gra ntee or s ubgrantee in cluding the ma nner by wh ich it will b e effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to immediately terminate any a greement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract.