bidder's checklist - city of stockton 022 bi… · web viewdecember, 10th, 2015, in the office...

49
REQUEST FOR SEALED BIDS BIDS WILL BE RECEIVED UNTIL THE HOUR OF 2:00 O’CLOCK P.M., THURSDAY, DECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA 95202-1997

Upload: others

Post on 26-Jul-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

BIDS WILL BE RECEIVED UNTIL THE HOUR OF2:00 O’CLOCK P.M., THURSDAY, DECEMBER, 10th, 2015,

IN THE OFFICE OF THE CITY CLERK,FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET,

STOCKTON, CALIFORNIA 95202-1997

Page 2: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

REQUEST FOR SEALED BIDSSTORM DRAIN DISTRICT ENGINEERING REPORTS

FOR THE CITY OF STOCKTON, CALIFORNIA(PUR 15-022)

BIDS WILL BE RECEIVED UNTIL THE HOUR OF2:00 O’CLOCK P.M., THURSDAY, DECEMBER, 10th, 2015,

IN THE OFFICE OF THE CITY CLERK,FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET,

STOCKTON, CALIFORNIA 95202-1997

Page 3: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

CITY OF STOCKTON REQUEST FOR SEALED BIDS

STORM DRAIN DISTRICT ENGINEERING REPORTSPROJECT # 15-022

Table Contents

BIDDER'S CHECKLIST................................................................................................................. 21.0 GENERAL INFORMATION...............................................................................................31.1 REQUEST FOR SEALED BID..........................................................................................31.2 INVITATION TO SUBMIT A BID.......................................................................................31.3 LOCAL BUSINESS PREFERENCE..................................................................................31.5 EXAMINATION OF BID MATERIALS...............................................................................41.6 ADDENDA AND INTERPRETATION................................................................................41.7 DISQUALIFICATION.........................................................................................................51.8 INFORMAL BID REJECTED.............................................................................................51.9 CONDITIONS TO BE ACCEPTED IF ANY WORK IS SUBCONTRACTED.....................61.10 LICENSING REQUIREMENTS..........................................................................................61.11 INSURANCE REQUIREMENTS........................................................................................61.12 HOLD HARMLESS DEFENSE CLAUSE..........................................................................71.13 APPLICABLE LAW...........................................................................................................71.14 METHOD OF PAYMENT...................................................................................................71.15 NOTICE TO OUT-OF-STATE VENDOR...........................................................................71.16 TERM................................................................................................................................. 81.17 COMPETITIVE PRICING...................................................................................................81.18 FUNDING........................................................................................................................... 81.19 UNCONDITIONAL TERMINATION FOR CONVENIENCE...............................................81.20 AUDITING OF CHARGES & SERVICES..........................................................................81.21 AWARD............................................................................................................................. 91.22 CHANGES......................................................................................................................... 91.23 OTHER GOVERNMENTAL AGENCIES...........................................................................91.24 LIQUIDATED DAMAGES................................................................................................101.25 PRODUCT OWNERSHIP................................................................................................101.26 CONFIDENTIALITY.........................................................................................................102.0 INTRODUCTION.............................................................................................................112.1 BACKGROUND...............................................................................................................112.2 SUBMITTAL REQUIREMENTS......................................................................................122.3 SCOPE OF WORK – TECHNICAL REQUIREMENTS....................................................13BID DOCUMENTS.......................................................................................................................16

Page 4: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

CITY OF STOCKTON REQUEST FOR SEALED BIDS

STORM DRAIN DISTRICT ENGINEERING REPORTSPROJECT # 15-022

BID TO BE SUBMITTED..............................................................................................................17BIDDER’S AGREEMENT.............................................................................................................18NON-COLLUSION.......................................................................................................................19EXHIBIT ‘A’ – INSURANCE REQUIREMENTS...........................................................................20EXHIBIT ‘B’ – SAMPLE CONTRACT..........................................................................................22

Page 5: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

CITY OF STOCKTONREQUEST FOR SEALED BIDSFOR STORM DRAIN DISTRICT ENGINEERING REPORTS(PUR 15-022)

NOTICE INVITING SEALED BIDS

NOTICE IS HEREBY GIVEN that sealed bids are invited by the City of Stockton, California for specifications for STORM DRAIN DISTRICT ENGINEERING REPORTS (PUR# 15-022) in strict accordance with the specifications.

The bid specifications and forms can be obtained from the City of Stockton’s website at www.stocktongov.com/bidflash and must be delivered to the Office of the City Clerk, City Hall, 425 North El Dorado Street, Stockton, California, up to but not later than 2:00 p.m., on Thursday, December 10 th , 2015 .

The City reserves the right to reject any and/or all bids received.

Information on Technical Data Information on Bid Process/ClarificationChristina Walter, Municipal Utilities Daniel Garza, Senior Buyer(209) 937-8155 (209) 937-5496e-mail: [email protected] e-mail: [email protected]

DISCLAIMER: The City does not assume any liability of responsibility for errors/omissions in any document transmitted electronically.

Dated: November 12th, 2015

BONNIE PAIGECITY CLERK OF THE CITY OF STOCKTON

Page 1 of 29

Page 6: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

CITY OF STOCKTONREQUEST FOR SEALED BIDSFOR STORM DRAIN DISTRICT ENGINEERING REPORTS(PUR 15-022)

BIDDER'S CHECKLIST CITY OF STOCKTON / PURCHASING DIVISION

Did You:*___ Complete the following bid documents (FROM THIS PACKET ONLY SUBMIT PAGES

17 to 21 along with any other requirements from section 2.2):

*___ Sign and notarize by jurat certificate the "Non-Collusion Affidavit" form. An "All-Purpose Acknowledgment" form will not be sufficient.

*___ Complete and sign the "Bid to be Submitted" form.

*___ Sign the "Bidder’s Agreement" form. Include (with bid) name and e-mail address for City contact, if different from signatoree

*___ Recheck your math on each item extension and total column. Do not superimpose numerals on your bid forms. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid.

*___ Submit one (1) ORIGINAL of all bid documents. Additionally, submit one (1) CD with an electronic version of the bid documents.

*___ Review all clarifications/questions/answers on the City’s website at www.stocktongov.com/bidflash

*___ Deliver sealed bid to City Hall, City Clerk's Office (1st floor), 425 North El Dorado Street, Stockton, CA 95202, before THURSDAY DECEMBER 10TH, 2015, at 2:00 p.m. Sealed bid shall be marked "Bid" and indicate project name, number, and bid opening date. Please note that some overnight delivery services do not deliver directly to the City Clerk's Office. This could result in the bid arriving in the City Clerk's Office after the bid opening deadline and therefore not being accepted. NOTE: The Stockton City Clerk’s office is closed from 12 noon to 1 p.m. for lunch.

A) BID-STORM DRAIN DISTRICT ENGINEERING REPORTSB) (PUR 15-022)C) DECEMBER 10TH, 2015

CONTACT INFORMATION:Information on Technical Data Information on Bid Process/ClarificationChristina Walter, Municipal Utilities (209) 937-8155e-mail: [email protected]

Daniel Garza, Senior Buyer(209) 937-5496e-mail: [email protected]

*If not completed as required, your proposal may be voided.*DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in

any document transmitted electronically.*THIS FORM IS FOR YOUR INFORMATION ONLY AND DOES NOT NEED TO BE

SUBMITTED WITH YOUR PROPOSAL.

Page 2 of 29

Page 7: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

CITY OF STOCKTONREQUEST FOR SEALED BIDS

FOR STORM DRAIN DISTRICT ENGINEERING REPORTS(PUR 15-022)

1.0 GENERAL INFORMATION

1.1 REQUEST FOR SEALED BID

The purpose of this sealed bid is to request bidders to present their qualifications and capabilities to provide STORM DRAIN DISTRICT ENGINEERING REPORTS (PUR 15-022) for the City of Stockton.

1.2 INVITATION TO SUBMIT A BID

Bids shall be submitted no later than 2:00 p.m., on Thursday, DECEMBER 10th, 2015, in the office of:

CITY CLERKCITY OF STOCKTON

425 NORTH EL DORADO STREETSTOCKTON, CA 95202-1997

The bid should be firmly sealed in an envelope which shall be clearly marked on the outside, "STORM DRAIN DISTRICT ENGINEERING REPORTS for the City of Stockton (PUR 15-022)." Additionally, submit one (1) CD with an electronic version of the bid documents. Any bid received after the due date and time indicated will not be accepted and will be deemed rejected and returned, unopened, to the bidder.

1.3 LOCAL BUSINESS PREFERENCE

Stockton Municipal Code Section 3.68.090 reads as follows:

Preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal.

Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted two (2) percent bid preference. Local merchants who have a physical business location within the boundaries of the City of Stockton, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted five (5) percent bid preference. This section is intended to provide preference in the award of certain City contracts in order to encourage businesses to move into and expand within the City. (Ord. 2014-03-18-1601 C.S. § 1; prior code § 3-106.1)

Page 3 of 29

Page 8: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

CITY OF STOCKTONREQUEST FOR SEALED BIDSFOR STORM DRAIN DISTRICT ENGINEERING REPORTS(PUR 15-022)

1.4 CONSEQUENCE OF SUBMISSION OF BID

A. The City shall not be obligated to respond to any bid submitted nor be legally bound in any manner by the submission of a bid.

B. Acceptance by the City of a bid obligates the bidder to enter into a contract with the City.

C. A contract shall not be binding or valid against the City unless or until it is executed by the City and the bidder.

D. Statistical information contained in these documents is for informational purposes only. The City shall not be responsible for the accuracy of said data. City reserves the right to increase or decrease the project scope.

1.5 EXAMINATION OF BID MATERIALS

The submission of a bid shall be deemed a representation and warranty by the bidder that it has investigated all aspects of the bid, that it is aware of the applicable facts pertaining to the bid process and its procedures and requirements, and that it has read and understands the bid. No request for modification of the provisions of the bid shall be considered after its submission on the grounds the bidder was not fully informed as to any fact or condition. Statistical information which may be contained in the bid or any addendum thereto is for informational purposes only. The City disclaims any responsibility for this information which may subsequently be determined to be incomplete or inaccurate.

1.6 ADDENDA AND INTERPRETATION

The City will not be responsible for, nor be bound by, any oral instructions, interpretations, or explanations issued by the City or its representatives. Any request for clarifications/questions/answers of a bid shall be made in writing/e-mail and deliverable to:

CITY OF STOCKTON CITY OF STOCKTONATTN: CHRISTINA WALTER ATTN: DANIEL GARZAMUNICIPAL UTILITIES PURCHASING DIVISION425 NORTH EL DORADO STREET 425 NORTH EL DORADO

STREETSTOCKTON, CA 95202-1997 STOCKTON, CA [email protected] [email protected]

Page 4 of 29

Page 9: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

CITY OF STOCKTONREQUEST FOR SEALED BIDSFOR STORM DRAIN DISTRICT ENGINEERING REPORTS(PUR 15-022)

Such request for clarification shall be delivered to the City by Nov 19th, 2015. Any City response to a request for clarifications/questions/answers will be posted on the City’s website at www.stocktongov.com/bidflash by Dec 3rd, 2015 and will become a part of the bid. The bidder should await responses to inquires prior to submitting a bid.

1.7 DISQUALIFICATION

Any of the following may be considered cause to disqualify a bidder without further consideration:

A. Evidence of collusion among bidders;

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 bid process will, and shall be, just cause for disqualification/rejection of bidder’s bid submittal and considered non-responsive.

D. A bidder's default in any operation of a contract which resulted in termination of that contract; and/or

E. Existence of any lawsuit, unresolved contractual claim, or dispute between bidder and the City.

F. No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section 3.68.120 of the Municipal Code.

1.8 INFORMAL BID REJECTED

A bid shall be prepared and submitted in accordance with the provisions of these bid instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from, or to a bid may be sufficient grounds for rejection of the bid. The City has the right to waive any defects in a bid if the City chooses to do so. The City may not accept a bid if:

A. Any of the bid forms are left blank or are materially altered;

Page 5 of 29

Page 10: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

CITY OF STOCKTONREQUEST FOR SEALED BIDSFOR STORM DRAIN DISTRICT ENGINEERING REPORTS(PUR 15-022)

B. Any document or item necessary for the proper evaluation of the bid is incomplete, improperly executed, indefinite, ambiguous, or missing.

1.9 CONDITIONS TO BE ACCEPTED IF ANY WORK IS SUBCONTRACTED

A. The bidder assumes full responsibility, including insurance and bonding requirements, for the quality and quantity of all work performed.

B. If bidder's supplier(s) and/or subcontractor's involvement requires the use of a licensed, patented, or proprietary process, the vendor of the process is responsible for assuring that the subcontractor, supplier, and/or operator have been properly authorized to use the process or for providing another process which is comparable to that which is required prior to submission of a bid.

1.10 LICENSING REQUIREMENTS

Any professional certifications or licenses that may be required will be the sole cost and responsibility of the successful bidder.A City of Stockton Business license may be required for this project. Please contact the City of Stockton Business License Division at (209) 937-8313.

1.11 INSURANCE REQUIREMENTS

Proponent/Bidder, at Proponent’s/Bidder's sole cost and expense and for the full term of the resultant contract or any extension thereof, shall obtain and maintain at least all of the insurance requirements listed in attached Exhibit A.

All coverage shall be provided by a carrier authorized to transact business in California and shall be primary. All policies, endorsements, and certificates shall be subject to approval by the Risk Manager of the City to Stockton as to form and content are subject to amendment or waiver if so approved in writing by the Risk Manager.

Maintenance of proper insurance coverage is a material element of this contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.

The Proponent shall assert that these insurance requirements will be met as part of their proposal response. Failure to comply with these insurance requirements may result in a proposal being deemed unresponsive. Proponent shall satisfy these insurance requirements concurrently with the signing of the contract prior to commencement of

Page 6 of 29

Page 11: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

CITY OF STOCKTONREQUEST FOR SEALED BIDSFOR STORM DRAIN DISTRICT ENGINEERING REPORTS(PUR 15-022)

work. It is strongly suggested that insurance requirements be reviewed with Proponent’s broker to ensure any additional costs are included in the proposal pricing component.

Any questions pertaining to insurance requirements, please contact City of Stockton Risk Services at (209) 937-5037.

1.12 HOLD HARMLESS DEFENSE CLAUSE

To the fullest extent permitted by law, Consultant shall hold harmless, defend at its own expense, and indemnify the City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions to act of contractor or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Stockton’s sole negligence or willful acts.  The duty to defend and the duty to indemnify are separate and distinct obligations.  The City’s acceptance of the insurance certificates required under this Agreement does not relieve the Consultant from its obligation under this paragraph. The indemnification obligations of this section shall survive the termination of this agreement

1.13 APPLICABLE LAW

Applicable law shall be governed by the laws of the State of California. Venue shall be proper in the Superior Court of the State of California, County of San Joaquin, Stockton Branch, or, for actions brought in Federal Court, the United States District Court for the Eastern District of California, Sacramento Division.

1.14 METHOD OF PAYMENT

Payment will be made within thirty (30) days after invoices are received and accepted by the City Manager. Invoices are to be rendered monthly.

1.15 NOTICE TO OUT-OF-STATE VENDOR

The City of Stockton will pay all applicable sales/use tax directly to the State of California for this purchase.

It is the policy of the City of Stockton to pay all applicable California sales/use tax directly to the State Board of Equalization (BOE) pursuant to California Revenue and Taxation Code 7051.3. The City of Stockton will self-accrue all sales/use tax on purchases made from out-of-state vendors.

Page 7 of 29

Page 12: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

CITY OF STOCKTONREQUEST FOR SEALED BIDSFOR STORM DRAIN DISTRICT ENGINEERING REPORTS(PUR 15-022)

Sales and use tax on purchases made by the City of Stockton from all companies located outside California and whose products are shipped from out of state will be remitted to the BOE directly by the City under permit number SR KHE 28-051174 DP. Please do not include sales/use tax on the invoice that you submit to the City of Stockton.

Questions regarding the City of Stockton’s payment of sales/use tax can be directed to the City of Stockton’s Purchasing Division at (209) 937-8357.

1.16 TERM

Term of contract will be for 3 years with additional 2 year annual extensions

1.17 COMPETITIVE PRICING

Bidder warrants and agrees that each of the charges, economic or product terms or warranties granted pursuant to this Contract are comparable to or better than the equivalent charge, economic or product term or warranty being offered to any similarly situated commercial or other government customer of bidder. If bidder enters into any arrangements with another customer of bidder to provide product under more favorable charges, economic or product terms or warranties, bidder shall immediately notify CITY of such change and this Contract shall be deemed amended to incorporate the most favorable charges, economic or product terms or warranties.

1.18 FUNDING

Any contract which results from this bid will terminate without penalty at the end of the fiscal year in the event funds are not appropriated for the next fiscal year. If funds are appropriated for a portion of the fiscal year, this contract will terminate without penalty, at the end of the term for which funds are appropriated.

1.19 UNCONDITIONAL TERMINATION FOR CONVENIENCE

The City may terminate the resultant contract for convenience by providing a sixty (60) calendar day advance notice unless otherwise stated in writing.

1.20 AUDITING OF CHARGES & SERVICES

The City reserves the right to periodically audit all charges and services made by the bidder to the City for services provided under the contract. Upon request, the bidder agrees to furnish the City with necessary information and assistance.

Page 8 of 29

Page 13: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

CITY OF STOCKTONREQUEST FOR SEALED BIDSFOR STORM DRAIN DISTRICT ENGINEERING REPORTS(PUR 15-022)

1.21 AWARD

Upon conclusion of the bid process, a contract may be awarded for STORM DRAIN DISTRICT REPORTS for the City of Stockton.

The City reserves the right to make an award on any item, quantity of any item, group of items, or in the aggregate to that/those bidder(s) whose bid(s) is/are most responsive to the needs of the City. Further, the City reserves the right to reject any and all bids, or alternate bids, or waive any informality in the bid as is in the City's best interest.

Consideration will be given in comparing bids and awarding a contract, not only to the dollar amount of the bids, but also to:

Qualifications

Suitability

References

Delivery time

Any other criteria as best suits the City of Stockton

Compatibility resulting in the lowest ultimate cost; Best value to the City

1.22 CHANGES

The City’s Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the bidder or as recommended by the bidder’s project manager, pursuant to the adopted City of Stockton Standard Specifications.

1.23 OTHER GOVERNMENTAL AGENCIES

If mutually agreeable to all parties, the use of any resultant contract/purchase order may be extended to other political subdivisions, municipalities, or tax supported agencies.

Page 9 of 29

Page 14: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

CITY OF STOCKTONREQUEST FOR SEALED BIDSFOR STORM DRAIN DISTRICT ENGINEERING REPORTS(PUR 15-022)

Such participating governmental bodies shall make purchases in their own name, make payment directly to successful bidder and be liable directly to the successful bidder, holding the City of Stockton harmless.

1.24 LIQUIDATED DAMAGES

Liquidated damages in the amount of 250.00 dollars per day will be assessed per each working day over the agreed timeline allotted for this project.

1.25 PRODUCT OWNERSHIP

Any documents, products or systems resulting from the contract will be the property of the City of Stockton.

1.26 CONFIDENTIALITY

If bidder believes that portions of a bid constitute trade secrets or confidential commercial, financial, geological, or geophysical data, then the bidder must so specify by, at a minimum, stamping in bold red letters the term "CONFIDENTIAL" on that part of the bid which the bidder believes to be protected from disclosure. The bidder must submit in writing specific detailed reasons, including any relevant legal authority, stating why the bidder believes the material to be confidential or a trade secret. Vague and general claims as to confidentiality will not be accepted. The City will be the sole judge as to whether a claim is general and/or vague in nature. All offers and parts of offers that are not marked as confidential may be automatically considered public information after the contract is awarded. The bidder is hereby put on notice that the City may consider all or parts of the offer public information under applicable law even though marked confidential.

Page 10 of 29

Page 15: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

CITY OF STOCKTONREQUEST FOR SEALED BIDS

FOR STORM DRAIN ENGINEERING REPORTS(PUR 15-022)

2.0 INTRODUCTION

The Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1 and five Storm Drainage Basin Assessment Districts (Arch Road Industrial, Charter Way Industrial Site, Western Pacific Industrial Park, Stockton Airport Business Center, and Airport Gateway Center) were established under the provisions of the Municipal Improvement Act of 1913 and Stockton Improvement Procedure Code. The Act requires an annual engineer’s report/schedule of parcels to be prepared for each district. The engineer’s reports/schedule of parcels will determine the actual assessments for the applicable Tax Year for all the properties within these districts. Once determined, the Stockton City Council must approve these assessments prior to their inclusion on the tax roll.

2.1 BACKGROUND

Within the City of Stockton are various assessment districts that were formed to finance the ongoing maintenance of certain public improvements within the boundaries of each district. These districts impart special benefit to an area. The property owners within the district are responsible to fund only those improvements from which they receive benefit. These improvements include storm drainage facilities. Once these assessment districts are formed, each parcel owners within the district pays a proportionate share of maintenance expenditures assessed.

The City Council, pursuant to Resolution Numbers 85-0416, 86-1059, 88-0492, 88-0552, and 99-0400, ordered the formation of five storm drainage basin maintenance districts. These storm drainage basins are all located in industrial areas and provide flood control. Similarly, on July 26, 2005, the City Council adopted Resolution Number 05-0392 to establish an assessment district designated as the “Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1” which provides funding for the operations, maintenance, and replacement of storm water quality treatment devices that are required by the City’s Storm water National Pollutant Discharge Elimination System Permit. The formation of each of these districts was based on the provisions of the Municipal Improvement Act of 1913 and the Stockton Improvement Procedure Code.

Page 11 of 29

Page 16: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

CITY OF STOCKTONREQUEST FOR SEALED BIDSFOR STORM DRAIN ENGINEERING REPORTS(PUR 15-022)

The Municipal Improvement Act of 1913 requires that a report be prepared each tax year for which assessments are to be levied and collected. The Act requires that the report be prepared by an engineer. The work generally consists of preparing an engineer’s report (for the Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1) or schedule of parcels (five storm drainage basin maintenance assessment districts) that includes the district’s annual budget, a description of the improvements to be maintained, and preparation and submittal of the assessment roll. Consultant selection for this contract will be based on the consultants’ understanding of the project and approach to meeting the City’s needs. Other considerations in the consultant selection process include the firms’ qualifications, experience, designated staff, and the ability to provide services on time, within budget, and in accordance with City objectives. Proposal costs should be for the preparation of the Tax Year 2015-2016 annual engineer’s reports and assessments for the Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1; and schedule of parcels and assessment for the City’s five existing Storm Drainage Basin Maintenance Districts (Arch Road Industrial, Charter Way Industrial Site, Western Pacific Industrial Park, Stockton Airport Business Center and Airport Gateway Center.

2.2 SUBMITTAL REQUIREMENTS

A. The Bid submission should include the following on no more than 15 pages,

1) A cover letter;2) A description of your firm’s background, similar experience and

capabilities;3) A project team organizational chart and resumes of key

personnel who would be assigned to the contract work;4) A list of three former (within the past five years) or present clients

for whom your firm has performed similar services;5) The office location where staff would be available;6) A statement that you have staff available to complete the work

as requested;7) A brief proposal regarding your approach to completing the work;8) Costs per year per zone for preparing the Annual Engineer

Report and Assessments for the Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1 for the Tax Year 2016-2017, 2017-2018, 2018-2019.

9) Costs per year for preparing the Schedule of Parcels and Assessments for the City’s five Storm Drainage Basin Maintenance Districts for the Tax Year 2016-2017; and

10) A personnel hourly charges listPage 12 of 29

Page 17: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

CITY OF STOCKTONREQUEST FOR SEALED BIDSFOR STORM DRAIN ENGINEERING REPORTS(PUR 15-022)

B. The consultant should describe or list local firms being used. The City of Stockton encourages the use of local firms.

C. The Bid submission should be single spaced on 8 ½ x 11” paper with font size 12.

D. If possible, Bid submission should include insurance certifications to expedite award of contract and purchase order set up process. It is anticipated that selected consultant will begin work late January 2016.

2.3 SCOPE OF WORK – TECHNICAL REQUIREMENTS

A. Task 1: Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1 Preparation Engineer’s Report Including Assessments and Assessment Diagrams

1) Based on the annual budget formula established in the original engineer’s report for each zone in the Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1, calculate the proposed maximum allowable and proposed assessment to be levied against each parcel for the parcel’s share of the budget costs for the identified tax year, and prepare the Assessment Roll for each zone for Tax Year 2016-2017, 2017-2018, 2018-2019.

2) Prior to the annual calculation, identify all parcels having data that has changed from the previous tax year’s Assessor’s Roll for the purpose of updating data files and identifying changes to the Assessor Tax Roll.

3) Identify all revised or added Assessor’s Maps.

4) Determine the appropriate cost of living adjustment factor to be applied to each zone per the original engineer’s report for each zone. Apply the cost of living adjustment factor to determine the maximum allowable assessment and assist the City to determine the actual annual assessment needed for budget needs.

5) Amend assessment diagrams and or boundary maps to reflect any Assessor data changes or annexations into the zone.

6) Record all amended diagrams for boundary maps, including payment of recording fees.

7) Identify any assessment increases against each parcel from the prior year’s assessment and meet with City staff to review any proposed

Page 13 of 29

Page 18: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

CITY OF STOCKTONREQUEST FOR SEALED BIDSFOR STORM DRAIN ENGINEERING REPORTS(PUR 15-022)

increase in annual assessment that would trigger the Proposition 218 ballot process or otherwise require mailed notices.

8) Report to include: a description of the improvements to be maintained for the next tax year as provided by the District Manager; an estimate of the maintenance costs of all improvements as provided by the District Manager; an estimate of administrative costs as provided by the District Manager; an estimate of the total assessments; an updated Assessment Diagram which is based upon the unchanged Assessment Diagram from the previous Annual Engineer’s Report of the preceding tax year and any added or revised Assessor’s Maps and including an Index Sheet of the District’s zones; the Assessment Roll by Assessor’s Parcel Number; and the assessment spread of the proposed assessments for the following tax year.

9) A total of 13 hard copies and 2 electronic copies of the Annual Engineer’s Report for the Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1 shall be provided for approval by the City Council and staff; 1 hard copy of report shall be provided to the District legal counsel.

10) For the purposes of this proposal Engineer will attend a minimum of 2 City Council meetings/public hearings pertaining to the District and 4 staff meetings annually as necessary.

11) Transmit to the San Joaquin County Assessor the approved Assessment Roll in the electronic media form and format as required by the San Joaquin County Assessor for collecting the assessments with the next year’s San Joaquin County tax bills prior to the August 1 deadline. City will provide the latest available tax roll for the preparation of the following year’s Assessment Roll and any map amendments.

B. Task 2: Storm Drainage Basin Maintenance Assessment Districts Engineering Services

1) Annually update the schedule of parcels, including their drainage arrears and proportional assessment factors to reflect any new lot line adjustments, subdivision maps, or parcel maps which may have been approved by the City during the preceding year, and calculate each parcel’s share of each basin maintenance assessment district and administrative costs for the fiscal year.

2) Update all parcels having data that changed from the previous tax year’s Assessor’s Roll for the purpose of updating data files and

Page 14 of 29

Page 19: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

CITY OF STOCKTONREQUEST FOR SEALED BIDSFOR STORM DRAIN ENGINEERING REPORTS(PUR 15-022)

identifying changes to the Assessor Parcel Numbers.

3) Identify all revised or added Assessor’s Maps.

4) Apply appropriate cost of living adjustment factor to each applicable district to determine the maximum allowable assessment and assist the City to determine the actual annual assessment needed for budget needs of each of the districts.

5) Amend Assessment Diagrams and or boundary maps to reflect any Assessor data changes or annexations into districts.

6) Record all Amended Diagrams and/or boundary maps, including payment of recording fees.

7) Collaborate with City staff to establish annual budget for each district.

8) Prepare written budget and schedule of parcels for the next fiscal year for presentation to City Council.

9) A total of 13 hard copies and 2 electronic copies of the Annual Engineer’s Report for the Stockton Storm Drainage Basin Maintenance Assessment Districts shall be provided for approval by the City Council and staff; 1 hard copy of report shall be provided to the District legal counsel.

10) For the purposes of this proposal Engineer will attend a minimum of 2 City Council meetings/public hearings pertaining to the District and 4 staff meetings annually as necessary.

11) Transmit to City staff the approved assessment spread by parcel number for hand- billing.

City will provide the latest available tax roll for the preparation of the following year’s Assessment Roll and any map amendments.

Page 15 of 29

Page 20: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

BID DOCUMENTSA) BID – STORM DRAIN DISTRICT REPORTS

B) PUR 15-022

C) DECEMBER 10TH, 2015

COMPANY NAME: _________________________________

CONTACT NAME: _________________________________

ADDRESS: _______________________________________

_________________________________________________

TELEPHONE NUMBER: ____________________________

EMAIL: __________________________________________

Page 16 of 29

Page 21: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

BID TO BE SUBMITTED

DISTRICT NAME ------ -- - --

ZONE- - -

-

2016-2017- -- 2017-2018 2018-2019

Riverbend Zone 1Cannery Park Zone 2A

Cannery Park Zone 2B

Simbad Estates Zone 3 \

Dama Estates Zone4Silver Springs and Gold Springs Zone 5A

Silver Springs and Gold Springs Zone 5F

Old Oak Estates Zone6

Oakmore Meadows Zone 7

Little Johns Creek North and South Zone 8

Malisa Manor Zone 9Meadowland Zone 10

Westlake Villages Zone 11

Moss Gardens Zone 12

Prologis Park Zone 13Arch Road Industrial

Charter Way Industrial SiteWestern Pacific Industrial Park

Stockton Airport Business CenterAirport Gateway Center

Total Per Tax Year

Grand total for the 3-year contract term

FIRM ADDRESS

SIGNED BY TITLE OR AGENCY

( ) DATE TELEPHONE

Page 17 of 29

Page 22: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

BIDDER’S AGREEMENT

In submitting this bid, as herein described, the bidder agrees that:

1. They have carefully examined the specifications and all other provisions of this form and understand the meaning, intent, and requirements of same.

2. They have reviewed and understand all clarifications/questions/answers on the City’s website at www.stocktongov.com/bidflash

3. They will enter into written contract and furnish the item(s)/service(s) in the time specified in strict conformity with the specifications and conditions contained therein for the price quoted by the bidder on this bid.

4. The proposed price is inclusive of all freight and handling charges and includes delivery to the City of Stockton, Municipal Service Center, or if specified, to the alternate point of delivery shown in the specifications.

5. They have signed and notarized the attached Non-Collusion Affidavit form whether individual, corporate or partnership. Must be “A Jurat” notarization.

FIRM ADDRESS

SIGNED BY TITLE OR AGENCY

E-MAIL ADDRESS

NOTE: If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid. Bids shall be mailed or delivered to:

OFFICE OF THE CITY CLERKFIRST FLOOR, CITY HALL

425 NORTH EL DORADO STREETSTOCKTON, CALIFORNIA 95202-1997

On or before 2:00 p.m. DECEMBER 10 TH , 2015 , and publicly opened immediately thereafter in the City Council Chambers.

SPECIAL NOTE: U.P.S. OR OTHER SPECIAL HANDLING SERVICES DO NOT DELIVER DIRECTLY TO THE CITY CLERK’S OFFICE. BIDDERS ARE ADVISED THAT IF A SPECIAL HANDLING SERVICE IS USED, BIDS MAY NOT REACH THE CITY CLERK’S OFFICE IN TIME FOR BID OPENING AND WILL BE REJECTED AND RETURNED TO BIDDER.

Page 18 of 29

Page 23: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

NON-COLLUSIONNo. 1 AFFIDAVIT FOR INDIVIDUAL BIDDERSTATE OF CALIFORNIA, ) ss.

County of )(insert)

being first duly sworn, deposes and says: That on behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder.

(Signature Individual Bidder)

Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal

Signature No. 2 AFFIDAVIT FOR CORPORATION BIDDERSTATE OF CALIFORNIA, )ss.

County of )(insert)

being first duly sworn, deposes and says: That they are the of a corporation, which corporation is the party making the foregoing bid, that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder.

(Signature Corporation Bidder)

Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal

Signature No. 3 AFFIDAVIT FOR FIRM, ASSOCIATION, OR CO-PARTNERSHIPSTATE OF CALIFORNIA, )ss.

County of )(insert)

,each being first duly sworn, depose and say: That they are a member of the firm, association or co-partnership,

designated as who is the party making the foregoing bid; that the other partner, or partners, are that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation shall or should refrain from proposing; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder.

(Signature)

(Signature)

Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal

Page 19 of 29

Page 24: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

Signature

Page 20 of 29

Page 25: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

EXHIBIT ‘A’ – INSURANCE REQUIREMENTS

INSURANCE REQUIREMENTS

CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against all claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, volunteers, or employees.

1. INSU RA NCE Throughout the life of this Contract, the Consultant shall pay for and maintain in full force and effect with an insurance company admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A: VII” in Best Insurance Key Rating Guide, the following policies of insurance:

A. COMMERCIAL (BUSINESS) AUTOMOBILE LIABILITY insurance, endorsedfor “any auto” with combined single limits of liability of not less than $1,000,000 each occurrence.

B. WORKERS’ COMPENSATION insurance as required under the California Labor Code and Employers Liability Insurance with limits not less than$1,000,000 per accident/injury/disease.

COMMERCIAL OR COMPREHENSIVE GENERAL LIABILITY AND MISCELLANEOUS SUPPLEMENTARY INSURANCE; FOR A D DITIO N AL REQUIREMENT(S):

(i) COMMERCIAL OR COMPREHENSIVE GENERAL LIABILITY insurancewhich shall include Contractual Liability, Products and Completed Operations coverage’s, Bodily Injury and Property Damage Liability insurance with combined single limits of not less than $1,000,000 per occurrence, and if written on an Aggregate basis, $2,000,000 Aggregate limit.

(ii) PROFESSIONAL LIABILITY, Not less than $1,000,000 per Claim/$1,000,000 Aggregate (3 yr discovery and reporting tail period coverage). Certificate of Insurance only required.

Deductibles and Self-Insured Retentions must be declared and are subject to approval by the CITY.

The Policy(s) shall also provide the following:

1 The Commercial General Liability insurance shall be written on ISO approved occurrence form with additional insured endorsement naming: City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers are additional insureds.

C. All insurance required by this Agreement shall be with a company acceptable to the CITY and issued and executed by an admitted insurer authorized to transact insurance business in the State of California. Unless otherwise specified by this

2. Agreement, all such insurance shall be written on an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the coverage required herein shall continue in effect for a period of three years following the date CONSULTANT completes its performance of services under this Agreement.

1. For any claims related to services or products provided under this contract, the Consultant’s insurance coverage shall be primary insurance as respects the City of

Page 21 of 29

Page 26: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

Stockton its officers, agents, and employees. Any coverage maintained by the CITY shall be excess of the Consultant’s insurance and shall not contribute with it. Policy shall waive right of recovery (waiver of subrogation) against the CITY.

2. Each insurance policy required by this clause shall have a provision that coverage shall not be cancelled by either party, except after thirty (30) days’ prior to written notice by certified mail, return receipt requested, has been given to the CITY. Further, the thirty (30) day notice shall be unrestricted, except for workers’ compensation, or non-payment of premium, which shall permit ten (10) days advance notice. The insurer and/or the contractor and/or the contractor's insurance agent shall provide the CITY with notification of any cancellation, major change, modification or reduction in coverage.

3. Regardless of these contract minimum insurance requirements, the Consultant and its insurer shall agree to commit the Consultant’s full policy limits and these minimum requirements shall not restrict the Consultant’s liability or coverage limit obligations.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.

5. The Company shall furnish the City of Stockton with the Certificates and Endorsement for all required insurance, prior to the CITY’s execution of the Agreement and start of work.

6. Proper address for mailing certificates, endorsements and notices shall be:

City of StocktonAttention: Risk Services 425 N. El Dorado Street Stockton, CA 95202

7. Upon notification of receipt by the CITY of a Notice of Cancellation, major change, modification, or reduction in coverage, the Consultant shall immediately file with the CITY a certified copy of the required new or renewal policy and certificates for such policy.

Any variation from the above contract requirements shall only be considered by and be subject to approval by the CITY’s Risk Manager (209) 937-8617. Our fax is (209) 937-8558.

If at any time during the life of the Contract or any extension, the Consultant fails to maintain the required insurance in full force and effect, all work under the Contract shall be discontinued immediately. Any failure to maintain the required insurance shall be sufficient cause for the CITY to terminate this Contract.

If the Consultant should subcontract all or any portion of the work to be performed in this contract, the Consultant shall cover the sub-contractor, and/or require each sub-contractor to adhere to all subparagraphs of these Insurance Requirements section. Similarly, any cancellation, lapse, reduction or change of sub-contractor’s insurance shall have the same impact as described above.

Page 22 of 29

Page 27: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

EXHIBIT ‘B’ – SAMPLE CONTRACT

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is entered into thisday of DATE, between the CITY OF STOCKTON, a municipal corporation ("City"), and

("Consultant").

RECITALS

A. Consultant is qualified to and experienced in providing engineer reports for assessment district formation/apportionments/segregation services for the purposes specified in this Agreement.

B. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Agreement.

NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Consultant agree as follows:

1. Consultant's Services . Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at that time, place and in the manner specified in Exhibit A.

2. City Assistance . Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit A according to the terms and conditions set forth in Exhibit A.

3. Term . This Agreement shall commence on the date written above and shall expire on November 30, 2019; with additional 2 year annual extensions.

4. Compensation . City shall pay Consultant for services rendered pursuant to this Agreement as described more particularly in Exhibit A. The payments shall be made on a monthly basis upon receipt and approval of Consultant's invoice. Total compensation for services and reimbursement for costs shall not exceed______.

Page 23 of 29

Page 28: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

a. Invoices submitted by Consultant to City must contain a brief description of work performed, time used and City reference number. Payment shall be made within thirty (30) days of receipt of Consultant's invoice and approved by City.

Upon completion of work and acceptance by City, Consultant 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 Consultant 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.

5. Sufficiency of Consultant's Work . All reports, drawings, designs, plan review comments and work product of Consultant shall be adequate and sufficient to meet the purposes for which they are prepared.

6. Ownership of Work. All reports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Agreement shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant 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.

7. Changes . City may request changes in the scope of services to be provided by Consultant. Any changes and related fees shall be mutually agreed upon between the parties and subject to a written amendment to this Agreement.

8. Liquidated Damages . Liquidated damages in the amount of 250.00 dollars per day will be assessed per each working day over the agreed timeline allotted for this project.

9. Consultant's Status . In performing the obligations set forth in this Page 24 of 29

Page 29: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

Agreement, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees and are not agents or employees of City.

10. Termination for Convenience of City . The City may terminate this Agreement at any time by mailing a notice in writing to Consultant. The Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the work actually completed at the time the notice of termination is received.

11. Non-Assignability . The Consultant shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.

12. Indemnity and Hold Harmless . To the fullest extent permitted by law, Consultant shall hold harmless, defend at its own expense, and indemnify the City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions to act of contractor or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Stockton’s sole negligence or willful acts.  The duty to defend and the duty to indemnify are separate and distinct obligations.  The City’s acceptance of the insurance certificates required under this Agreement does not relieve the Consultant from its obligation under this paragraph. The indemnification obligations of this section shall survive the termination of this agreement.

13. Insurance . During the term of this Agreement, Consultant shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit Band shall otherwise comply with the other provisions of Exhibit A.

14. Notices . All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

Page 25 of 29

Page 30: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

To Consultant: _______ To City: City Manager City of Stockton425 N. El Dorado Street

Stockton, CA 95202

5. Conformance to Applicable Laws . Consultant shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Consultant 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.

6. Licenses, Certifications and Permits . Prior to the City's execution of this Agreement and prior to the Consultant's engaging in any operation or activity set forth in this Agreement, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement.

7. Records and Audits . Consultant shall maintain all records regarding this Agreement and the services performed for a period of three 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.

8. Confidentiality. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

9. Conflicts of Interest . Consultant covenants that other than this Agreement, Consultant has no financial interest with any official, employee or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Consultant's services under this Agreement. If such an interest arises,

Page 26 of 29

Page 31: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

Consultant will immediately notify the City.

Page 27 of 29

Page 32: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

10. Exhibits . All exhibits referred to herein are attached hereto and are by this reference incorporated herein.

11. Scope of Agreement . This writing constitutes the entire Agreement between the parties. Any modification to the Agreement shall be in writing and signed by both parties.

TIDS AGREEMENT executed the date and year first above written.

CITY OF STOCKTON CONSULTANT

City Manager

By: Signature

Print name

Title:

ATTEST: [Note: If Consultant is a corporation signature(s) must comply withCal. Corporations Code §313.]

City Clerk

APPROVED AS TO FORM:

City Attorney

Page 26 of 29

Page 33: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

Exhibit B: Insurance Requirements for Professional Services

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate. (If Claims-made, see below.)

If the Consultant maintains higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to coverage for the higher limits maintained by the consultant. 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 ProvisionsThe insurance policies are to contain, or be endorsed to contain, the following

provisions:

Additional Insured StatusThe City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers are to be covered as additional insureds on the CGL policy and AL policy with respect to liability arising out of work or operations performed

/tt/file_convert/5f74705b6acd255c73409435/document.docx29 of 29 12/17/2014 11:56 AM

Page 34: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

by or on behalf of the Consultant 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 Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

Primary CoverageFor any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance as respects the City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. The City of Stockton does not accept primary endorsements limiting the Consultant’s insurance coverage to sole negligence.

Notice of CancellationEach insurance policy required above shall state that coverage shall not be canceled, except with notice to the City of Stockton.

Waiver of SubrogationConsultant hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Consultant 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.

Deductibles and Self-Insured RetentionsAny deductibles or self-insured retentions must be declared to and approved by the City of Stockton Risk Services. The City of Stockton may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of InsurersInsurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII if admitted to do business in the State of California; if not admitted to do business in the State of California, insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A+:X.

Claims Made Policies

If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. If Claims Made policy form is used, a three (3) year discovery and reporting tail period of coverage is required after completion of work.

/tt/file_convert/5f74705b6acd255c73409435/document.docx30 of 29 12/17/2014 11:56 AM

Page 35: BIDDER'S CHECKLIST - City of Stockton 022 BI… · Web viewDECEMBER, 10th, 2015, IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA

Verification of CoverageConsultant shall furnish the City of Stockton with original certificates and amendatory endorsements required by this clause. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services before work commences. Failure to obtain the required documents prior to the work beginning shall not waive the Consultant’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, for any reason or no reason.

Consultant shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its Declarations Page and Endorsement Page for each of the required policies.

Certificate Holder AddressProper address for mailing certificates, endorsements and notices shall be:

o City of Stocktono Attention: Risk Serviceso 425 N El Dorado Streeto Stockton, CA 95202

City of Stockton Risk Services Phone: 209-937-5037City of Stockton Risk Services Fax: 209-937-8558

Maintenance of InsuranceIf at any time during the life of the Contract or any extension, the Consultant fails to maintain the required insurance in full force and effect, all work under the Contract shall be discontinued immediately. Any failure to maintain the required insurance shall be sufficient cause for the CITY to terminate this Contract.

SubcontractorsConsultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.

Special Risks or CircumstancesCity 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.

/tt/file_convert/5f74705b6acd255c73409435/document.docx31 of 29 12/17/2014 11:56 AM