CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of 2026, between the CITY OF STOCKTON, a municipal corporation (“CITY ), and OLD GROWTH SPORTS FLOORS, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 830 RIVERSIDE PARKWAY, SUITE 60, WEST SACRAMENTO, CA 95605, hereinafter called "CONTRACTOR.," THIS CONTRACT is for the COMMUNITY CENTERS GYM FLOOR
REFINISHING (PROJECT NO. OM-24-124), hereinafter r eferred to as “SERVICE”.
RECITALS
A. CONTRACTOR represents that i
t is licensed in the State of California and
is qualified, willing and able to provide the services proposed in the SCOPE OF WORK section of this Contract.
B. CONTRACTOR represents tha
t it is registered pursuant to Labor Code
Section 1725.5 and will register annually with the Department of Industrial Relations, if the services have a wage determination for the services outlined in the SCOPE OF WORK section of this Contract.
C. CONTRACTOR represents tha
t it will pay all required prevailing wages
under California Labor Code for all services provided that have a wage determination.
D. CITY finds it necessary an
d advisable to use the services of the
CONTRACTOR for the purposes provided in this Contract.
NOW T HEREFORE, i n considerati on of t he mutual pr omises, co venants a nd conditions in this Contract, CITY and CONTRACTOR agree as follows:
1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in th
is Contract, CONTRACTOR shall undertake and complete the services described in EXHIBIT A (scope and specifications). CONTRACTOR shall provide said services at the time, place
, and in the manner specified in Exhibit A and compatible with the st
andards of the profession. CONTRACTOR agrees that it shall provide fully complete services including all labor, materials, tools, equipment and insurance required and that are acceptable to the CITY.
2. COMPENSATION. CITY shall pay CONTRACTOR for services outlined in EXHIBIT A according to the fee not to exceed the schedule detailed in EXHIBIT B (fee schedule), which is attached to this Contract and incorporated by this reference.
CONTRACTOR agrees this fee is for full remuneration for performing all services and furnishing all staffing, materials and tools called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of CONTRACTOR’S invoice for completed work. Total compensation for services and
ATTACHMENT A
Community Centers Gym Floor Refinishing, Project No. OM-24-124 reimbursement for costs shall not exceed $157,200 or as otherwise mutually agreed to in a Contract Amendment.
Pursuant to Secti
on 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. CONTRACTO R shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
a. Invoices submi
tted by CONTRACTOR to C ITY must contain a brief
description of work performed, location of work, time used, materials and special equipment and City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
b. Upon completion of wor
k and acceptance by C ITY, CONTRACTOR shall
have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by C ITY upon receiving a written request thirty (30) days in advance of said time limitation. CITY shall have no obligation or liability to pay any invoice for work performed which CONTRACTOR fails or neglects to submit within sixty (60) days, or any extension thereof granted by the CITY, after work is accepted by CITY.
3. INSURANCE. During the t
erm of this Contract, CONTRACTOR shall
maintain in full forc e and effect at its own cost and expense the insurance coverage as set forth in the attac hed Exhibit C (Insurance Requirements and Forms) which is attached to this contract and incor porated by this referenc e, and shall otherwise comply with the other provisions of Exhibit C. Maintenance of proper insurance coverage is a material elem ent of this contract and that failure to maintain or renew coverage or to pr ovide evidence of renewal may be treated as a material breach of contract.
CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this c ontract, the policies of insurance specified in Exhibit C, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton S tandard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-0 9-27-1213, effective September 27, 2016.
It shall be a requirem ent under this agreem ent that any available ins urance proceeds broader than or in excess of the spec ified minimum insuranc e coverage requirements and/or limits shall be available to the Additional Insured. Fur thermore, the requirements for coverage and limits s hall be (1) the minimum c overage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance
ATTACHMENT A
Community Centers Gym Floor Refinishing, Project No. OM-24-124 policy or proceeds available to the named Insured; whichever is greater.
The Additional Ins
ured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.
The limits of i
nsurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self - insurance shall be called upon to protect it as a named insured.
All self-insured retent
ions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Policies contai
ning any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The CITY reserves
the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
CONTRACTOR
shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain co mpleted operations coverage as required by this agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONTRACTOR.
CONTRACTOR
agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.
Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. CONTRACTOR further agrees to include these same provisions with any subcontractor regardless of tier. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The CONTRACTOR shall require all Subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the CITY.
4. INDEMNITY AND HOLD HARML
ESS. 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
ATTACHMENT A
Community Centers Gym Floor Refinishing, Project No. OM-24-124 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.
5. SCHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in EXHIBIT A according to the schedule detailed in EXHIBIT A, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on June 30, 2027, unless extended by mutual agreement through the issuance of a Contrac t Amendment.
6. CONFORMANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with all applicable Federal, State, and Municipal laws, rules, and or dinances. a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any pr ogram or activity receiv ing federal financial assistance.” (42 USC S ection 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of Stockton r equires compliance with the requirements of Title V I in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit D). The purpose of this polic y 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 repor ting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
ATTACHMENT A
Community Centers Gym Floor Refinishing, Project No. OM-24-124 d. PREVAILING WAGE
CONTRACTO
R 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 rates of wages 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 responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRAC
TOR performing the work shall be responsible for
obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRA
CTOR 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 strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the 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.
ATTACHMENT A
Community Centers Gym Floor Refinishing, Project No. OM-24-124 iii. The CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRAC
TOR 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 ad minister and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLO
YMENT ORDINANCE
Pursuant to Stoc
kton Municipal Code Section 3.68.095 the CONTRACTOR
and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section
3.68.095.
f. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
7. CONTRACT AMENDMENT
S. CITY reserves the right to make such
alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Project Manager to be necessary or advisable and to require such extra work as may be determined by the Project Manager to be required for the proper completion of the whole work contemplated.
Any such changes wi
ll be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A C ontract Amendment will not become effective until approved by the authorized City official.
ATTACHMENT A
Community Centers Gym Floor Refinishing, Project No. OM-24-124
8. RIGHTS AND DUTIES OF CITY. C ITY shall make available to CONTRACTOR all data and information in the possession of C ITY which both parties deem necessary to complete the work, and C ITY shall actively aid and assist CONTRACTOR in obtaining such information as may be deemed necessary from other agencies and individuals.
9. OBLIGATIONS OF CO
NTRACTOR. Throughout the term of this Contract,
CONTRACTOR represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the CONTRACTOR to practice its professions, and CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals CONTRACTOR shall meet with the Public Works Director or other personnel of C ITY or third parties as necessary on all matters connected with the carrying out of CONTRACTOR’S services. Such meetings shall be held at the request of either party hereto. CONTRACTOR further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
10. TERMINATION. This
Agreement is effective on the Effective Date. The
City may terminate this Contract and work pursuant to any of all scope of works at any time by mailing a notice in writing to Contractor. The Contract shall then be deemed terminated and no further work shall be performed by Contractor. If the Contract is so terminated, the Contractor shall be paid for that percentage of work actually completed at the time the notice of termination is received.
11. CONTRACTOR STATUS.
In performing the obligations set forth in this
Contract, CONTRACTOR shall have the status of an independent contractor and CONTRACTOR shall not be considered to be an employee of the C ity for any purpose.
All persons working for or under the direction of CONTRACTOR are its agents and employees, and are not agents of the C ITY. Subcontractors shall not be recognized as having any direct or contractual relationship with the CITY. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The CONTRACTOR is responsible to the CITY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performa
nce of this Contract any third persons are employed by
CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by CONTRACTOR.
ATTACHMENT A
Community Centers Gym Floor Refinishing, Project No. OM-24-124 i. 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.
ii. As an independent co
ntractor, CONTRACTOR hereby indemnifies and
holds CITY harmless from any and all claims that may be made against the CITY based upon any contention by any third party that employer - employee relationship exists by reason of this Contract.
12. ASSIGNMENT. CON
TRACTOR shall not assign, sublet, or transfer this
Contract or any interest or obligation in the Contract without the prior written consent of the CITY, and then only upon such terms and conditions as CITY may set forth in writing.
CONTRACTOR shall be solely responsible for reimbursing subcontractors.
13. HEADINGS NOT CONTRO
LLING. Headings used in the Contract are for
reference purposes only and shall not be considered in construing this Contract.
14. NOTICES. Any and al
l notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To CONTRACTOR: Old Growth Sports Floors, Inc. To City: Public Works Director 830 R
iverside Pkwy, Ste 60 City of Stockton
W. Sacramento, CA 95605 22 E. Weber Ave., Rm. 301
Stockton, CA 95202
15. LICENSES, CERT
IFICATIONS, AND PERMITS. Prior to the CITY’S
execution of this Contract and prior to the CONTRACTOR engaging in any operation or activity set forth in this Contract, CONTRACTOR shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. CONTRACTOR covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.
16. RECORDS AND AUDITS. CITY r
eserves the right to periodically audit all
charges made by CONTRACTOR to CITY for services under this Contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
CONTRACTOR agrees t
hat CITY or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested, and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract.
CONTRACTOR agrees to maintain such records for a period of three years from the date that final payment is made.
ATTACHMENT A
Community Centers Gym Floor Refinishing, Project No. OM-24-124
17. CONFIDENTIALIT
Y. CONTRACTOR shall exercise reasonable
precautions to prevent the unauthorized disclosure and use of CITY’S reports, information, or conclusions.
18. CONFLICTS OF I
NTEREST. CONTRACTOR covenants that other than
this Contract, CONTRACTOR has no financial interest with any official, employee, or other representative of the CITY . CONTRACTOR and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of CONTRACTOR’S services under this Contract. If such an interest arises, CONTRACTOR will immediately notify CITY.
19. WAIVER. In th
e event either CITY or CONTRACTOR at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
20. GOVERNING LAW. C
alifornia law shall govern any legal action pursuant
to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
21. DISPUTE RESOLUT
ION. Prior to undertaking any litigation , the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between senior managers of each Party having authority to resolve the dispute.
1. Venue
Any controv
ersy or claim between the P arties shall be determined with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, wher e applicable, in the f ederal D istrict Court of California, Eastern District, Sacramento Division.
2. If any litigati
on action or proceeding is commenced in connection with this Agreement, the prevailing Party , as determined by the court, shall be entitled to reasonable attorneys' fees (including allocated costs for in- house legal services), costs and necessary disbursements incurred in such action or proceeding.
22. NO PERSONAL LIA
BILITY. No official or employee of CITY shall be
personally liable to CONTRACTOR in the event of any default or breach by CITY or for any amount due CONTRACTOR.
23. INTEGRATION AND M
ODIFICATION. The response by CONTRACTOR
to the Request for Proposals or Qualifications and the Request for Proposals or Qualifications on file with the CITY are hereby incorporated herein by reference to the
ATTACHMENT A
Community Centers Gym Floor Refinishing, Project No. OM-24-124
REQUEST FOR PROPOSALS
FOR
COMMUNITY CENTERS GYM FLOORING REFINISHING
PROJECT NO. OM-24-124
Issued by:
City of Stockton
Public Works Department, Operations and Maintenance
1465 South Lincoln Street
Stockton, CA 95206
Date Issued: Oc
tober 9, 2025
Date Proposals Due: Wednesday, November 5, 2025, by 3:00 pm
LATE SUBMITTALS WILL
NOT BE ACCEPTED
EXHIBIT A
ATTACHMENT A
1.0 INTRODUCTION
The City of Stockton (City) is s eeking proposals from qualified flooring companies (Contractor) to provide sanding, recoating, and refinishing services for the gymnasium floors at Arnold Rue, Merlo, Seifert and Stribley Community Centers. Additionally, the project will include sanding and recoating services for the Dance Studio at Arnold Rue Community Center and the Social Hall at Oak Park Senior Center . The City intends to select a Contractor who is registered and licensed in the State of California, employing qualified staff with demonstrated experience in floo r sanding and ref inishing. Proposals will be reviewed and ranked on company experience, staff qualifications, references, cost proposal, supplied warranties and other relevant information.
2.0 SCOPE OF WORK
The Contractor shall provide all labor, materials, equipment, and supervision necessary to perform sanding and refinishing services as detailed in the scope of work outlined below.
A. Sanding of the floors shall follow Maple Flooring Manufacturer’s Association (MFMA) specifications.
B. The bleachers shall be in their fully retracted position during the sanding and refinishing process. Work directly beneath the bleachers is not required.
C. Floors shall be cleaned before and after sand down. Any marks, gum, tape and grime stuck on the floor shall be removed. The Contractor shall address any imperfections, unevenness, swirling, or damage on the wood surface to ensure optimal results.
D. For areas that machines cannot properly clean, such as corners, thresholds, etc., the floor must be hand cleaned, scraped and sanded.
E. Floor shall be abraded using the manufacturer recommended grit screen disks, to remove oils, stains, and loose finish.
F. Paint game lines, lettering and logos to match existing, using oil -based paint, following industry standards and client specifications for line placement and dimensions. When dry, lightly abrade those areas.
G. Abraded floors shall be cleaned, vacuumed, and tacked to ensure a dust free surface before the application of finish coats.
H. A minimum of two coats of sealer and three coats of finisher must be applied.
Depending on the condition of the floors, additional finishing may be necessary.
I. Floor sealer and finish shall meet the Maple Flooring Manufacturer’s Association (MFMA) requirements.
J. Remove existing baseboards from perimeter of gym area, taking care to preserve surrounding finishes and structures. Install new baseboards using appropriate fastening methods and materials. New baseboards must match the space’s aesthetic per the client’s preference.
K. Finished floors shall have no swirl or streak marks.
EXHIBIT A
ATTACHMENT A
L. Conduct a final walkthrough and inspection of the completed work area with the project manager to ensure satisfaction and address concerns.
3.0 RFP INFORMATION
3.1 Tentative Schedule
The following is the tentative schedule for this RFP. Any changes in the scheduled dates for the Job Walk , Deadline for Final Questions or Proposal Submission Deadline will be advertised on BidFlash in the form of an addendum to this RFP.
The schedule for the evaluation process and other future dates may be adjusted without notice.
Job Walk (Mandatory) 10/20/2025 at 8 am
Due Date for Questions and
Clarifications 10/24/2025 by 5 pm
Due Date for Response to
Questions/Clarifications 10/30/2025 by 5 pm
RFP Submittal Due Date and Time 11/5/2025 by 3 pm
Notification of Intent to Award
(Tentative) 11/21/2025
Anticipated Date for Council Approval TBD
3.2 Job Walk Registration
The mandatory job walk will begin at Seifert Community Center, 128 W Benjamin Holt Dr., Stockton, CA 95207, on Monday, October 20, 2025, at 8:00 am.
Please notify Josh Mir
eles at (209) 937-5406 or [email protected], by Wednesday, October 15, 2025, to register for participation in the job walk.
3.3 Selection Process
Contractors that have
submitted the best and most complete proposals may be
invited to an interview. The number of Contractors invited to an interview may vary depending upon the number of proposals submitted. The Contractor’s proposed supervisor(s) of work to be performed may be required to attend.
The City reserves the right to make a selection after review of the proposals without oral interviews; therefore, the proposal should be submitted initially on the most favorable terms that the Contractor might propose.
EXHIBIT A
ATTACHMENT A
A Contract will be negotiated with the Contractor considered best meeting the City’s need for this project. In the event a mutually satisfactory contract cannot be negotiated with the City’s first choice, negotiations may be terminated and commenced with the Contractor considered next best in meeting the City’s needs for this particular project.
The selected Contractor will be required to execute a City-prepared contract. The contract may further refine the scope of services and will provide for the terms and conditions of employment.
The award of any contract is expressly contingent upon City Council approval and the availability of funds.
The City reserves the right to reject any or all proposals, to waive minor irregularities in said proposals, or to negotiate minor deviations with the successful Contractor(s).
4.0 CONTRACT ADMINISTRATION
4.1 Term of Service
The term of the Contract shall be effective upon execution and shall remain in full force and effect for a period of one (1) year. The City may terminate this Contract at any time if the Contractor fails to perform in accordance with the Scope of Work and terms and conditions of the contract, provided that ten (10) days prior written notice is given to the Contractor.
4.2 Inspection Problem
Resolution
The City will regularly inspect the Contractor’s work throughout the project. In addition to any warranties provided by the manufacturer of any material or good supplied in furtherance of the project, the Contractor guarantees and warrants all labor and material used in performance of this contract. Upon written notification by the City of any defect in material or workmanship, the Contractor will have ten (10) days to repair or replace any and all defective work. In the event of failure of Contractor to commence and pursue with diligence said repairs or replacements after 10 days written notification, Contractor hereby acknowledges and agrees that the City is authorized to proceed to have the work repaired or replaced at the expense of the Contractor.
4.3 Work Hours
Although the gym will be out of service for athletic purposes, there may be alternative programming scheduled inside the facility. The Contractor shall conduct the work at all times in a manner which will not interfere with scheduled recreation programs and/or facility use. The City’s Project Manager will coordinate with the
EXHIBIT A
ATTACHMENT A
Contractor and City staff to ensure the work can be performed properly without any interference to/from program attendees or staff members.
Work shall commence no sooner than 7:00 am and shall conclude by 5:00 pm.
4.4 Safety
Safety provisions shall conform to Cal -OSHA Safety Orders, and all other applicable federal, state, county and local laws, ordinances, codes and regulations in performing the work under this contract. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions shall not relieve i t from compliance with the obligations and penalties set forth therein.
The Contractor shall develop and maintain for the duration of the contract a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program.
4.5 Contractor’s Employees
Only Contractor’s employees or subcontractors are allowed on City premises where work is being performed. At all times, personnel shall wear uniforms with company identification clearly displayed. Contractor’s employees and subcontractors shall not smoke tobacco in any City park and within 20 feet of any public building.
4.6 Contract Administrator
During the performance of the contract the City will be represented by the Facilities Manager, (209) 937-8954, and/or Contract Administrator, (209) 937-5406.
5.0 PROJECT GENERAL INFORMATION
5.1 Proposal Submissions
Costs for developing proposals are entirely the responsibility of the Contractor and shall not be chargeable in any way to the City. All materials submitted become the property of the City.
An electronic copy of the propos
al shall be submitted no later than 3 :00 pm on
Wednesday, November 5, 2025, to the following email addresses:
[email protected]
[email protected]
EXHIBIT A
ATTACHMENT A
The cost proposal (Attachment A) must be a separate electronic document labeled “Cost Proposal,” with project name and number.
The subject line of the email shal
l include: COMMUNITY CENTERS GYM
FLOORING REFINISHING, PROJECT NO. OM -24-124. Late proposals will not be accepted.
5.2 Acceptance or Rejection of Proposal
The City reserves the right to negotiate an agreement with the Contractor submitting the highest-ranking proposal. Also, the City reserves the right to reject any and all proposals or to waive any irregularity in a proposal if it is deemed to be in the best interest of the City. Failure to submit all requested information could be grounds for rejection of the proposal.
5.3 Proposal Questions and Requests for Clarification Any questions or requests for clarification shall be submitted via email to:
[email protected]
Requests for clarification shall be submitted by Friday, October 24, 2025, at 5:00 pm. If a response warrants an addendum to the RFP, such addendum will be posted on B idFlash at least two days prior to the proposal due date. It is the proposer’s responsibility to check the website for any addendums or responses to questions. The website address is as follows:
https://stocktonca.gov/business/contracts___purchasing/bidflash/public_works.php
5.4 Causes for Disqualification
Any of the following may be considered cause to disqualify a proponent without further consideration:
A. Evidence of collusion among proponents.
B. Any attempt to improperly influence any member of the evaluation panel.
C. Any attempt to communicate in any manner with a City of Stockton elected official during the RFP process will, and shall be, just cause for disqualification of proponent’s proposal and considered non-responsive.
D. A proponent's default in any operation of a professional construction agreement which resulted in termination of that agreement.
E. Existence of any lawsuit, unresolved contractual claim, or dispute between proponent and the City.
F. No person, company, or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services, or both,
EXHIBIT A
ATTACHMENT A
provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section 3.68.120 of the Municipal Code.
G. Any exceptions to the insurance requirements may result in declaring a proposal non-responsive.
5.5 Licensing Requirements
The Contractor must have a current and active C15 – Flooring and Floor Covering license issued by the Contractors State License Board. Any professional certifications or licenses that may be required are the sole cost and responsibility of the successful proposer.
Contractor is not required to have a business license to submit a proposal. The Contractor selected to perform this work must obtain a City of Stockton business license prior to a purchase order being issued and maintain this license throughout the duration of the Contract.
The successful proposer and any subcontractor(s) shall provide copies of all valid licenses and certificates required for performance of the services being bid upon.
The copies shall be emailed or delivered to the City of Stockton no later than ten (10) days after the Contractor receives notice of award from the City of Stockton.
Current copies of licenses and certificates shall be provided to the City of Stockton within 24 hours of demand at any time during the contract term.
City of Stockton Business License Customer Service can be reached at (209) 937- 8313, or [email protected].
5.6 Insurance Requirements
The proposer must obtain and maintain the required insurance. Proposer should review Attachment B , Instructions to Proposers , for information regarding insurance, indemnification, Disadvantaged Business Enterprises, prevailing wages, etc. Failure to comply with the Instructions to Proposers may be grounds for rejection.
5.7 Department of Industrial Relations
Registration with the California Department of Industrial Relations is required for this project. Please refer to Attachment B , Instructions to Proposers, for registration requirements.
5.8 Start of Work
The selected company shall be expected to begin work within 30 days of contract signing and complete services according to the Scope of Work (Section 2.0).
EXHIBIT A
ATTACHMENT A
5.9 Product Ownership
Any documents resulting from the performance of work in the contract will become property of the City. This includes all work performed by subcontractors.
6.0 R EQUIRED PROPOSAL CONTENT
Proposals shall provide straightforward, concise information that satisfies the requirements listed in the sections below. Emphasis should be placed on conformity to the RFP’s instructions and requirements, and completeness and clarity of content. T he proposal shall be no more than twen ty ( 20) pages , with a minimum font size of 12.
Proposer shall submit one electronic copy of the proposal and a separate electronic document with the cost proposal.
Proposals must include responses to the following:
6.1 Introduction
Briefly introduce the proposal, and provide the name of the company , address, email, telephone number and name of the appropriate main contact person.
Describe your company and provide a brief statement of qualifications for performing the requested work. Describe any subcontract arrangements or licensing agreements.
6.2 Contact Information of Key Staff Members
Provide contact information for key staff members working on this project.
6.3 Experience and References
Provide references and information for three (3) most recent installation projects for public entities over $100,000. In lieu of , or in addition to, the proceeding, Contractor may provide references and information for three (3) recent athletic flooring sanding and refinishing projects completed for private entities. Include brief descriptions of the contracts, dates, client names and contact persons’ names, addresses and telephone numbers. Public sector references are preferred. No City of Stockton elected or appointed officials, or employees may be provided as a reference for this proposal.
6.4 Proposed Method to Complete the Work
Contractor should submit a proposed method to complete the work, and a list of materials that are intended to be used for the completion of the work.
6.5 Cost Proposal
The cost proposal (Attachment A) must be a separate electronic document labeled “Cost Proposal,” with company name, project name and project number.
EXHIBIT A
ATTACHMENT A
Prices shall include everything necessary for the completion of and fulfillment of the Contract, including but not limited to, furnishing all transportation, materials, equipment and all management, supervision and labor. Proposal prices shall include all applicable federal, state and local taxes.
The City will only award a Contract if the cost of the agreement is at or below the approved project funding allotment.
The cost proposal must be in the form of an electronic document separate from the proposal.
7.0 PROPOSAL EVALUATIO
N
The Contractor selection process will follow the estimated timeline below:
Event Date
Job Walk October 20, 2025
Written Questions submitted by October 24, 2025
Response to Written Questions October 30, 2025
Proposals Due November 5, 2025
7.1 Proposal Scoring Criteria
Proposals will be selected using a “best value” methodology based on the following categories:
A. Quality of Proposal Conte
nt (35 points). Proposal’s conformity to the RFP’s
instructions and requirements, and completeness and clarity of content.
Description of company’s qualifications for performing the requested work, and proposed method to complete the work.
B. Cost Proposal (25 points). Points will be weighted with regard to the overall price.
C. Experience with Similar Assignments (20 points). Previous experience in providing a superior level of work for like-sized public and/or private facilities.
D. Warranty (15 points). Concise description of manufacturers provided warranty on materials, and company warranty on labor.
E. Local Business Preference (5 points). A maximum of 5 points will be given for local preference in accordance with Stockton Municipal Code Section
3.68.090.
The selection committee will evaluate all proposals. This is a qualifications and cost-based selection, so ranking will be in accordance with the attached Evaluation Scoring Worksheet ( See Attachment C ). Cost will be a factor in evaluation, but selection is predominately qualifications based. Cost proposals will not be opened
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ATTACHMENT A
until after other categories have been evaluated. Local preference will also be a factor, so Stockton companies are encouraged to propose. Also, non- Stockton companies should make an effort to use Stockton subcontractors whenever possible. Points will be weighted based on the amount of work being performed by local subcontractors and/or businesses.
7.2 Negotiations
City staff will begin negotiations with the highest ranked company. If an agreement cannot be reached after a reasonable period of time, as determined by the City, then the City will terminate negotiations with the number one ranked company, and negotiations will be opened with the second- ranked company. The compensation discussed with one prospective Contractor will not be disclosed or discussed with another Contractor.
The selected Contractor will be expected to enter into a Contract with the City.
Proposers should direct their attention to Attachment B, Instructions to Proposers, for the most current insurance and indemnification language. It is expected that the successful proposer will accept these terms without modification.
The contract shall not be in force until the Council approves the Contract, and the City Manager signs it. Work performed before the issuance of a Notice to Proceed cannot be paid by the City.
ATTACHMENTS:
Attachment A – Cost Proposal
Attachment B – Instructions to Proposers
Attachment C – Evaluation Scoring Sheet
EXHIBIT A
ATTACHMENT A
ATTACHMENT A
EXHIBIT B
CITY OF STOCKTON
COMMUNITY CENTERS GYM FLOOR REFINISHING
PROJECT NO. OM-24-124
COST PROPOSAL
ATTACHMENT A
EXHIBIT B
Line-item costs shall include all Contractor's overhead, profit, and indirect costs.
Proposals not presented on City forms shall be cause for considering the proposal as non-responsive.
LINE LOCATION/FLOOR PRICE WORKING
ITEM DAYS
Sand, recoat, refinish Arnold Rue
1 Community Center Gym
5758 Lorraine Ave, Stockton, CA 9521 O
2 Sand, recoat, refinish Merlo Gym
2021 Anne St, Stockton, CA 95206
Sand, recoat, refinish Stribley Community
3 Center "Big" Gymnasium
1760 E. Sonora St, Stockton, CA 95205
Sand, recoat, refinish Seifert Community
4 Center Gym
128 W. Benjamin Holt Dr., Stockton, CA
95207
Sand and recoat Arnold Rue Community
5 Center Dance Hall
5758 Lorraine Ave, Stockton, CA 95210
Sand and recoat Oak Park Senior Center
6 Social Hall
730 E. Fulton St, Stockton, CA 95204
ALTERNATE
LINE LOCATION/FLOOR PRICE WORKING
ITEM DAYS
Sand, recoat and refinish Oak Park Senior
1 Center Social Hall
730 E. Fulton St, Stockton, CA 95204
TOTAL CO
ST
TOTAL ALTERNATE COST
COMPANY NAME
PROPOSER’S NAME
PROPOSER’S SIGNATURE
ATTACHMENT A
EXHIBIT B
REV 2025-06-04
Exhibit C:
Insurance Requirements
(Sanding, recoating, and refinishing of gymnasium floors) Contractor shall procure and maintain for the duration of the contract, and for five (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 Ge
neral Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability:
Insurance Services Office Form CA 0001 covering Code
1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compens
ation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contra
ctor 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-insure
d retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or
EXHIBIT C
ATTACHMENT A
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 Insura
nce Provisions
The insuranc
e policies are to contain, or be endorsed to contain, the following provisions:
1. The City of St
ockton, 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 cl
aims 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 insura
nce 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)
If any coverage required is written on a claims-made coverage form:
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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 m
ust be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverag
e 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 ser
vices 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 waiver of subrogation. The Workers’ Compensation policy shall be endorsed
EXHIBIT C
ATTACHMENT A
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 .
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 Ho
lder Address
The addres
s for mailing certificates, endorsements and notices shall be:
City of Sto
ckton
Its Officers, Officials, Employees and Volunteers
425 N El Dorado Street
Stockton, CA 95202
EXHIBIT C
ATTACHMENT A
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.
II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.
All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.
C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.
D. All City employees and non-employees share a responsibility to assist in
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