Agenda packet — City Council and Concurrent Authorities, April 5, 2022 (part 4 of 7)

542

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 14 of 14

DISCRIMINATION AND

HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.

IX. COMMUNICATION OF POLICY
This policy shall be provided
to all managers, supervisors, employees, volunteers,
unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.

APPROVED:
c:r��SON

CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1
EXHIBIT 2

Page 31 of 35 ends

543

BOND FOR FAIT

HFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, SINCLAIR GENERAL ENGINEERING CONSTRUCTION,
INC, a STATE
OF CALIFORNIA CORPORATION, as Principal and
, a corporation, organized and existing under the laws
of the State of California and duly authorized to transact business under the laws of the State of California, as Surety, are hel d and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obl igee, in the just and full su m of SEVEN HUNDRED EIGHT THOUSAND TWO HUNDRED FIFTEEN AND XX/100 DOLLARS ($708,215.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:

ALEXANDRIA AND FIVE MILE SLOUGH CULVERT REPLACEMENT
(PROJECT NO. WT19018)

NOW, THEREFORE,
if the above bounded Principal, CONTRACTOR, Company
or
Corporation
or its subcontractor, shall well and truly perform the work contracted to be done under
said contract, then this obligation to be null and void; otherwise to remain in full
force and effect.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Sure ty or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the 1 EXHIBIT 2

Page 32 of 35 ends

544
2 provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on
APPROVED AS TO SURETY: By:

P R I N C I P A L

S U R E T Y
APPROVED AS TO FORM & CONTENT:

JOHN M. LUEBBERKE

OFFICE OF THE CITY ATTORNEY
B y :

A T T O R N E Y - I N - F A C T
B y :

DEPUTY CITY ATTORNEY
EXHIBIT 2

Page 33 of 35 ends

545

BOND FOR

LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:

That we, SINCLAIR GENERAL ENGINEERING CONSTRUCTION, INC, a

STATE OF
CALIFORNIA CORPORATION, PARTNERSHIP, as Principal and
, corporation, organized and existing under the laws of the State of

and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing
materials, provisions, provender or other supplies used in, upon, for or about the
performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams,
or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials,
and whose claims have not been paid by the contractor, company or corporation in the just and full s um of SEVEN HUNDRED EIGHT THOUSAND TWO

HUNDRED FIFTEEN
AND XX/100 DOLLARS ($708,215.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly
to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly
by these presents.

The condition
of the foregoing obligations is such that the above bounden Principal has simultaneous
ly entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:

ALEXANDRIA AND F

IVE MILE SLOUGH CULVERT REPLACEMENT
(PROJECT NO. WT19018)

NOW, THEREFORE,
if the above bounden Principal, CONTRACTOR, Company
or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies,
or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on 3 EXHIBIT 2

Page 34 of 35 ends

546
4 this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and pr oceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CI TY and no forbearance on the part of the said CITY shall operate to relieve any sure ty or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

S I G N E D A N D S E A L E D o n .

APPROVED AS TO SURETY: By:

P R I N C I P A L

S U R E T Y
APPROVED AS TO FORM & CONTENT:

JOHN M. LUEBBERKE

OFFICE OF THE CITY ATTORNEY
B y :

A T T O R N E Y - I N - F A C T
B y :

DEPUTY CITY ATTORNEY
EXHIBIT 2

Page 35 of 35 ends

547
City of Stockton
Legislation Text
File #: 22-0229, Version: 1

APPROVE PURCHASE OF SEVEN POLICE BMW MOTORCYCLES

RECOMMENDATION
It is recommended that the City Council approve a motion to purchase seven police BMW motorcycles from Long Beach BMW, of Long Beach, CA, in the total amount of $212,256.87.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.

Summary
The Fiscal Year (FY) 2021-22 replacement budget for the Fleet Internal Service Fund (ISF) account includes funding to replace seven police BMW motorcycles utilized by the Police Department.

On January 13, 2022, the City requested bids for the purchase of seven police BMW motorcycles. On January 27, 2022, three bids were received. The lowest responsive bidder, Long Beach BMW, is regular in all respects. The recommended motion authorizes the purchase of seven police BMW motorcycles from Long Beach BMW for a total cost of $212,256.87 (Attachment A).

DISCUSSION
Background
The FY 2021-22 replacement budget for the Fleet ISF account includes funding to replace seven police BMW motorcycles utilized by the Police Department.

The City’s replacement criteria for motorcycles, based on industry standards for performance and efficiency, is five years or 100,000 miles. Adherence to this standard replaces equipment before routine failures and breakdowns are experienced, reducing the demand for extensive mechanical repairs. The replacement standard increases the resources available for preventative maintenance and is critical to the availability and performance of all fleet equipment, which includes all public safety and emergency response vehicles. Fleet staff identified seven motorcycles that have exceeded the age criteria, the mileage criteria, and/or have recurring mechanical or operational problems. Replacement of these units is recommended (Attachment B).

Fleet staff prepared vehicle specifications and utilized the competitive bid process to obtain bids for the supply of the police BMW motorcycles. The specifications were generic and designed such that any of the major BMW dealerships could bid.

City of Stockton Printed on 3/29/2022Page 1 of 2
powered by Legistar™
548
File #: 22-0229, Version: 1
Present Situation
A Notice Inviting Bids for the purchase of seven police BMW motorcycles was published in The Record on January 13, 2022. The Notice Inviting Bids was also e-mailed to multiple regional and local area vendors. An additional notification about the bid opportunity was e-mailed through Ask Stockton to over 2,500 recipients. On January 27, 2022, three bids were received with the following results:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(including all taxes and fees) (local preference applied) Long Beach BMW $212,256.87 $212,256.87 (Long Beach, CA)
Cycle Specialties $219,892.17 $219,892.17 (Modesto, CA)
BMW of Tri Valley/CalMoto $220,010.00 $220,010.00 (Livermore, CA)
Stockton Municipal Code section 3.68.090 gives a five percent bid preference to businesses located within the City of Stockton, and a two percent bid preference to businesses located within San Joaquin County. There are no responsive bidders located within the City of Stockton or San Joaquin County, therefore application of the Local Business Preference does not apply.

The bid from Long Beach BMW meets the bid specification and is regular in all respects. It is recommended that Council approve a motion authorizing the purchase of seven police BMW motorcycles from Long Beach BMW in the total amount of $212,256.87. The seven motorcycles being replaced will be sold at auction.

FINANCIAL SUMMARY
There are sufficient funds available in the ISF Equipment Acquisition Fund, Account No. 4530-718- 800004-500-000-00-45-000-000, for the purchase of seven police BMW motorcycles in the amount of $212,256.87. Below is the purchase breakdown of seven police BMW motorcycles from Long Beach BMW:

Unit Price Total $ 194,515.93

9.00% Sales Tax $ 17,506.44
CA Tire Fee $ 234.50
TOTAL PURCHASE PRICE $ 212,256.87
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.

Attachment A - Long Beach BMW Quote
Attachment B - Vehicle Replacement List
City of Stockton Printed on 3/29/2022Page 2 of 2
powered by Legistar™
549

ATTACHMENT A
550

ATTACHMENT A
551

ATTACHMENT A
552

ATTACHMENT A
553

ATTACHMENT A
554

ATTACHMENT A
555

ATTACHMENT A
556

ATTACHMENT A
557

ATTACHMENT A
558

ATTACHMENT A
559

ATTACHMENT A
560
Vehicle Replacement List
Unit # Year Make Model Replacement Reason Department Division/ Section 3973 2014 BEE BMW Motorcycle Past Life Police Traffic
3974 2014 BEE BMW Motorcycle Past Life Police Traffic
4023 2015 BEE BMW Motorcycle Past Life Police Traffic
4024 2015 BEE BMW Motorcycle Past Life Police Traffic
4027 2015 BEE BMW Motorcycle Past Life Police Traffic
4025 2015 BEE BMW Motorcycle Past Life Police Traffic
4028 2015 BEE BMW Motorcycle Accident Police Traffic

ATTACHMENT B
561
City of Stockton
Legislation Text
File #: 22-0237, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE MCNAIR SOCCER COMPLEX PHASE 2 PROJECT

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the Notice of Exemption No. NOE59-21 under the California Environmental Quality Act for the McNair Soccer Complex Phase 2, Project No. CR16024.

2. Approve the plans and specifications for the McNair Soccer Complex Phase 2, Project No.

CR16024.

3. Award a Construction Contract in the amount of $325,924.84 to TBS Contractors of Merced, CA, for the McNair Soccer Complex Phase 2, Project No. CR16024.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Summary
The McNair Soccer Complex is located adjacent to the Ronald E. McNair High School. This popular recreation facility is used year-round and requires a series of modifications and repairs to allow patrons full use of the facility. These improvements were split into two phases. Phase 1 was completed in 2018. The McNair Soccer Complex Phase 2, Project No. CR16024 will install four electronic scoreboards, a fenced storage area, and upgrade the west entrance gate. The project was included in the 2018-23 Five-Year Capital Improvement Plan (CIP).

On December 16, 2021, the City received one bid for the project. Staff recommends award of the Construction Contract to the lowest responsible bidder, TBS Contractors, in the amount of $325,924.84. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE59-21 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to be completed by December 2022.

DISCUSSION
Background
The McNair Soccer Complex is located adjacent to the Ronald E. McNair High School, approximately one-half mile north of Morada Lane (Attachment A). The McNair Soccer Complex is a 19.18-acre site that currently accommodates four softball fields, four soccer fields, parking stalls, and a concession building with a storage room and restrooms.

City of Stockton Printed on 3/29/2022Page 1 of 3
powered by Legistar™
562
File #: 22-0237, Version: 1
The McNair Soccer Complex is a popular recreation facility that is used year-round. Staff identified a series of modifications and repairs needed throughout the facility to improve useability. The project was split into two phases. Phase 1 was completed in spring 2018 and included the installation of fencing at the north end of the complex and installation of foul poles at all four softball fields.

Phase 2 improvements include installation of four electronic scoreboards for the baseball fields, installation of a fenced storage area, and upgrading the security entrance gate to the west side of the facility. The project was included in the 2018-23 Five-Year CIP. Design of the Phase 2 project was completed by the City in November 2021 and advertised for bids in December 2021.

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was not applied to this project because the estimated construction cost was less than $1 million.

Present Situation
On November 10, 2021, the McNair Soccer Complex Phase 2, Project No. CR16024, was advertised for bids with a bid schedule that has a base bid and one additive alternate bid that can be included with the apparent low bidder’s base bid provided there is available funding. The optional additive alternate bid provides for soccer field seeding.

On December 16, 2021, one bid was received with the following result:

COMPANY NAME BASE BID AMOUNT ADDITIVE ALTERNATE NO. 1
TBS Contractors $325,924.84 $24,080.00
(Merced, CA)
Engineer’s Estimate $282,566.00 $93,465.00
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

Staff reached out to three prospective bidders to determine why they did not bid the project. They stated that they did not possess the proper license and their resources are currently committed to other projects.

The bid from TBS Contractors, the lowest responsible bidder, is regular in all respects. TBS Contractors has the proper license to perform the work. The bid is approximately 15 percent above the engineer’s estimate. It is unlikely that re-advertisement of the project will yield additional or more favorable responses. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to TBS Contractors of Merced, CA, in the amount of $325,924.84.

The Additive Alternate No.1 will not be awarded due to insufficient funds.

City of Stockton Printed on 3/29/2022Page 2 of 3
powered by Legistar™
563
File #: 22-0237, Version: 1
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Sections 15301(e), 15301(h), and 15303(e) of the CEQA guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE59-21 under CEQA. Construction is anticipated to be completed by December 2022.

FINANCIAL SUMMARY
There are sufficient funds available in the McNair Soccer Complex Phase 2, Project No. CR16024, Account No. 4540-000-800007-300-000-30-45-000-000, to award a Construction Contract to TBS Contractors in the amount of $325,924.84.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.

Attachment A - Vicinity Map
City of Stockton Printed on 3/29/2022Page 3 of 3
powered by Legistar™
564

DAVIS RO
AD
THORNT

ON ROAD
LO
WER

EIGHT MILE ROAD
WE
ST L
ANE

HAMMER LANE

PACIFIC
AVENUE

BENJAMIN

HOLT DRIVE EL DOR
ADO

ROBINHOOD DRIVE

MARCH LANE

SMITHS CANAL

ALPINE AVENUE

HARDING WAY
PACI
FIC AV
ENUE

PERSHING AVENU
E

HAMMER LANE

MORADA LANE
HO
LMA
N RO
AD

MARCH LANE

WILSON W
AY
CH
EROKE
E ROA
D

WATERLOO ROAD

FREMONT
STREET

MAIN STREET
WILSON
WA
Y
AIR

PORT WA
Y
CALI
FO
RNI
A STR
EET
PIXLEY

SLOU
GH

BEAR CREEK

SOUTH BEAR CREEK

CALAVERAS
RIVE
R

STOCKTON DIVERT

ING CANAL
ROAD
UPRR

UPRR (SP
RR)

WEST LANE
WES
T LANE
WE

ST LANE
STREET

CENTER STRE
ET
SA
N JOAQ
UIN
ST
SACR
AMENTO
MCNAIR SOCCER COMPLEX PHASE 2
PROJECT NO. CR16024

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A
LEGEND

PROJECT LOCATION

VICINITY MAP

NOT TO SCALE

CITY LIMIT

COUNTY LIMIT

PROJECT LOCATION
565

Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE 59-21,

APPROVING THE PLANS AND SPECIFICATIONS , AND AWARDING A CONSTRUCTION CONTRACT FOR THE MCNAIR SOCCER COMPLEX PHASE 2 , PROJECT NO. CR16024

On December 16, 2021, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the McNair Soccer Complex Phase 2, Project No. CR16024; and

The Phase 2 improvements include installation of four electronic scoreboards for the baseball fields , installation of a fenced storage area , and upgrading the security entrance gate to the west side of the facility; and

TBS Contractors is the lowest responsi ble bidder in the amount of $ 325,924.84; and

The project conforms with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under sections 15301(e), 15301(h), and 15303(e) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to n ot have a significant effect on the environment; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The City Council approves the filing of Notice of Exemption No. NOE59-21 under the CEQA for the McNair Soccer Complex Phase 2, Project No. CR16024, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the plans and specifications for the McNair Soccer Complex Phase 2, Project No. CR16024.

3. The City Council awards a Const ruction Contract between the City of Stockton and TBS Contractors, in the amount of $ 325,924.84, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

//
//
566

4. The City M anager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED April 5, 2022 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton

ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
567

CIT Y OF STOCKTON

NOTICE OF EXEMPTION
TO:

COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San J
oaquin St., Ste. 260 c/o Public Works Department
Stockton, CA 95202 22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PRO

JECT DATA
Project Title: Mc
Nair Soccer Complex Phase 2, Project No. CR16024
CEQA Exemption File No.: NOE59-21
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton’s Public Works Department will be installing four softball scoreboards, an entrance security gate to the soccer fields, overseeding treatment of existing grass to improve spotty growth patterns, and construction of a storage area with a perimeter chain link fence in the softball fields at the McNair Soccer Complex.

TERMINATION/FINDING OF EXEMPTION
The above-
described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):

The activity is not a "project" as defined in CEQA Guidelines Section 15378.

The activity is exempt under the "general rule" at CEQA Guidelines Section15061(B)(3).

The project is "Statutorily Exempt" per CEQA Guidelines Section: __________ X The project is "Categorically Exempt" per CEQA Guidelines Section 15301(e), 15301(h) & 15303(e).

BASIS FO

R FINDING OF EXEMPTION
The ac tivity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.

X The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).

JODI ALMASSY, DIRECTOR October 7, 2021

PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By
Ivan Reynoso, Assistant Engineer (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________

AFFIDAVIT OF FILING AND POSTING
I declare that on the date s
tamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ____________________________________ ____________ Signature Title
_________________________________________
Posting Period Ending Date
EXHIBIT 1
568

Local Construction Contract – TBS CONTRACTORS – CR16024 (Updated 12/31/20)

CONSTRUCTION CONTRACT
This contract is made and entered into on __________________, by and between TBS CONTRACTORS, a STATE OF CALIFORNIA CORPORATION , with a business address at 1605 E. GERARD AVENUE , MERCED, CA 95341 , hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:

WHEREAS, plans and specifications for the construction of the MCNAIR SOCCER COMPLEX PHASE 2, PROJEC T NO. CR16024 (FORMERLY PW1624) hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:

CONTRACTOR agrees:

1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specificat ions adopted on _____________, by Council Resolution No. __________________ . The "contract docum ents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $325,924.84, or as otherwise mutually agreed to in a Contract Change Order.

3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockt on Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No . 2016-09-27, effective September 27, 2016.

Page 1 of 38 ends

EXHIBIT 2
569

Local Construction Contract – TBS CO
NTRACTORS – CR16024 (Updated 12/31/20)
Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any i
nsurance policy or proceeds available to the named Insured; whichever is greater.

The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.

The limits of insurance requir ed in this agreement may be sati sfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contai n a provision that such co verage 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 agreem ent) 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 retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce t he limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.

Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.

The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements.

Failure to exercise this right shall not constitute a waiver of right to exercise later.

CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event cont ractor fails to obtain or maintain completed operations coverage as requir ed 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 Subcont ractors 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 ag ree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of 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.

Page 2 of 38 ends

EXHIBIT 2
570

Local Construction Contract – TBS CONTRACTORS – CR16024 (Updated 12/31/20)

4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California, Contractor shall indemnify, protect, defend with counsel approved by City and at Contractor’s sole cost and expense, and hold harmless City, its Mayo r, Council, official s, representatives, agents, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awar ds, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorne ys’ fees, expert and c onsultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to prope rty, which arise out of or are in any way connected with the work performed, ma terials furnished, or services provided under this Agreement, or from any violation of any federal, State, or municipal law or ordinance, or City Policy, by Contractor or Contractor’s of ficers, agents, employees, volu nteers or subc ontractors.

Contractor shall not be obligated to indemnify or defend City for claims finally determined by a court of law or arbitrat or to arise from the active negligence or willful misconduct of the City. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent Califo rnia Civil Code sections 2782, et seq., limit the defense or indemnity obligations of Cont ractor to City, the intent hereunder is to provide the maximum defens e and indemnity obligations allowed by Contractor under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provisi on of this Agreement.

With exception that this section shall in no event be construed to require indemnification, including the duty to defend, by Contractor to a greater extent than permitted under the public policy of the State of California, the parties agree that Contractor’s duty to defend City is immediate and arises upon the filing of any clai m against the City for damages which arise out of or are in any way co nnected with the work performed, materials furnished, or services provided under this Ag reement by Contractor or Contractor’s officers, agents, employees, vo lunteers or subcontractors. Contractor’s duties and obligations to defend the City shall apply regardless of whethe r or not the issue of the City’s liability, breach of this Agreement, or other obligation or fault has been determined.

Contractor shall be immediat ely obligated to pay for City’s defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, othe r witness fees, document repr oduction costs, arbitration fees, and, if after final judgm ent an appeal is pursued, all of such costs for the appeal.

At the conclusion of the claim, if there is any determinati on or finding of sole active negligence or willful misconduct on the part of the City, Cit y will then reimburse Contractor for amounts paid in excess of Contractor’s pr oportionate share of responsibility for the damages within 30 days after Contractor prov ides City with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursem ent provision assures Contractor is not obligated to defend or indemnify City in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

Page 3 of 38 ends

EXHIBIT 2
571

Local Construction Contract – TBS CONTRA
CTORS – CR16024 (Updated 12/31/20)
Agreement, Contractor shall indemnify, de fend, and hold harmle ss City, its Mayor, Council, officials, representatives, agents , employees, and volunt eers from and against all claims, losses, expenses, and costs includi ng, but not limited to, attorneys’ fees, arising out of any claim broug ht against the City by an employee, office, agent, or volunteer of Contractor, r egardless of whether such claim may be covered by any applicable workers compensation insurance. Contractor’s indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor under workers’ compensation acts, disability acts, or other employee benefit acts.

The City’s acceptance of the insurance certif icates required under this Agreement does not relieve the CONTRACTOR from its obligation under this paragraph. The indemnification obligations of this section shall survive the termination of this agreement.

Any exceptions to this language may result in a proposal being deemed non-responsive.

CONTRACTOR/Subcontractor's responsibil ity for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.

The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, th e insurance obligations contained in this agreement. If any section, subsection, sentence, clause or phrase of this indemnification is for any reason held to be invalid or unconsti tutional, such decision shall not affect the validity of the remaining portions of this indemnification.

5. STANDARD PLANS A ND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in ac cordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 60 WORKING DAYS begi nning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the c ontract in all parts and requirements, is not finished or completed within the number of days as set fo rth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the ev ent of and by reason of such delay; and it is therefore agreed t hat CONTRACTOR will pay to CITY the sum of THREE THOUSAND TWO HUNDRED AND NO/100 DO LLARS ($3,200) per day for each and every calendar days delay in finishing the work in excess of the number of days

Page 4 of 38 ends

EXHIBIT 2
572

Local Construction Contract
– TBS CONTRACTORS – CR16024 (Updated 12/31/20)
prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not pai d, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increas e the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decid es to increase the said number of days, the CITY shall further have the right to char ge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other ov erhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of fi nal surveys and preparation of final estimate shall not be included in such charges.

A working day shall not include, nor sha ll CONTRACTOR be assessed with liquidated damages nor the additional cost of engineeri ng and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, fl oods, epidemics, quarantine restri ctions, strikes, and freight embargoes and subject to approval by the Direc tor of Public Works, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginni ng of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.

If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.

7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employme nt of persons or in the prov ision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

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 o f, or be subjected to discrimination under any pr ogram or activity receiving federal financial

Page 5 of 38 ends

EXHIBIT 2
573

Local Construction Contract – TBS CO
NTRACTORS – CR16024 (Updated 12/31/20)
assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT P
OLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C
). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all i ndividuals by strictly prohibiting discrimination and harassment, includ ing sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace. c. LABOR STANDARDS PROVIS IONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7,
Division 2 of the California Labor C ode shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, trav el time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar pur poses applicable to the work to be
done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determi nation and shall distribute copies to each subcontractor. As the wage determi nation for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensur e that the preva iling wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.

Page 6 of 38 ends

EXHIBIT 2
574

Local Construction Contract – TBS CO
NTRACTORS – CR16024 (Updated 12/31/20)
The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual co st of engineering, inspection, superintendence, and or other ov erhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement wil l not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the Stat e 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 duri ng 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 t he provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the cont ract 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 Comp liance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply wit h the provisions established in Section 1777.5 of the Labor Code c oncerning the 1) certified approval by local joint apprenticeship commi ttees for the employment and training of apprentices, and 2) contri bution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good fa ith effort to employ at least 50 percent of the workforce on this proj ect 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

Page 7 of 38 ends

EXHIBIT 2
575

Local Construction Contract – TBS CO
NTRACTORS – CR16024 (Updated 12/31/20)
contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monito ring their compliance with section

3.68.095.

CITY agrees:

8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certif icate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of t he contract price not as aforesai d paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.

9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.

CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require su ch extra work as may be determined by the Engineer to be required for t he proper completion or construction of the whole work contemplated.

Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work . A contract change order will not become effective until approved by the City Manager and/or the City Council.

Processing of change orders shall be in accordance with Section 4-1. 05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specif ications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.

11. AUDITS. CITY reserves the right to peri odically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR

Page 8 of 38 ends

EXHIBIT 2
576
agrees to furnish CITY, or a designated representative, with necessary information and assistance.

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement.

CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.

12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.

It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.

IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.

ATTEST:

ELIZA R. GARZA

CITY CLERK
By: ____________ _
APPROVED AS TO FORM & CONTENT:

JOHN M. LUEBBERKE

OFFICE OF THE CITY ATTORNEY
By:-------------

DEPUTY CITY ATTORNEY
CITY:

By: ____________ _

HARRY BLACK

CITY MANAGER
By�
T�
77-0573963
Tax Identification No.

Local Construction Contract- TBS CONTRACTORS - CR16024 (Updated 12/31 /20)

Page 9 of 38 ends

EXHIBIT 2
577
Bond No. 38K009305
Premium:$ 5,889
Premium is for contract term and is subject
to adjustments based on final contract price

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, TBS CONTRACTORS, a STATE OF CALIFORNIA CORPORATION, as Principal and The Ohio Casualty Insurance Company , a corporation, organized and existing under the laws of the State of Ha��;hire and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State
of California, as obligee, in the just and full sum
of THREE HUNDRED TWENTY-FIVE THOUSAND, NINE HUNDRED TWENTY FOUR AND 84/100 DOLLARS ($325,924.84), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:

MCNAIR SOCCER COMPLEX PHASE 2
PROJECT NO. CR16024 (FORMERLY PW1624)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise, to remain in full force and effect.

No prepayment or delay
in payment and no change, extension, addition or
alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and
consent by said Surety is hereby given, and the said Surety hereby waives the 1

Page 10 of 38 ends

EXHIBIT 2
578
provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on March 9 2022___ __,__ ____________ _ APPROVED AS TO SURETY:

Ta�lor:_B ackhoe Service, Inc. dba TBS Contractors
By:�
�
The Ohio Casualty Insurance Company
SURETY
APPROVED AS TO FORM & CONTENT:

JOHN M. LUEBBERKE

OFFICE OF THE CITY ATTORNEY
By��
Deanna Quintero,ATTO NEY-IN-FACT
By:----------

DEPUTY CITY ATTORNEY
2

Page 11 of 38 ends

EXHIBIT 2
579

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of -------=B"-'u=t=te=---------
On ___ M_ a_r_c_h _9�2_0_22 ___ before me, ___ E_l_iz_a_b e_t_ h_C_ o_l_lo_d�i,_N_ o_t _a_ry_P_ u_b _l _ic __ _ (insert name and title of the officer)
personally appeared Deanna Q uintero
who proved to me on the basis of satisfactory evidence to be the person(st whose name(st is/ai:e subscribed to the within instrument and acknowledged to me that l=le/she/tRey executed the same in l:l+s/her/tfieif authorized capacity(¼eSj; and that by l:l+s/her/tfieif signature(st on the instrument the person(sh or the entity upon behalf of which the person(st acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Page 12 of 38 ends

EXHIBIT 2
580
�Libert): \pl Mutual.

SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated.

Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company

POWER OF ATTORNEY
Certificate No: 8207388-971829
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint. Bill Rapp; Breanna Boatright; Claudine Gordon; Deanna Quintero; Dineen Fraser; Elizabeth Collodi; Hunter Smithson; Jason March; Jennifer Lakmann; John Hopkins; John J Weber; K Corey Ward; Kathleen Le; Kris Lopes; Kristie Phillips; Marissa Robinson; Mary Collins; Mauhew Foster; Michael Feeney; Mike Taylor; Mindy Whitehouse:

Peggy Trusty; Phil Watkins; Renee Ramsey; Samantha Watkins; Sara Walliser; Steven L. Williams; Tony Clark all of the city of Chico state of CA each individually if there be more than one named, Its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this� day of February , �
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
i "----"--/ '-'-"� "'-"� By:�$�'414'�;/��_,' /��---
-1 cu David M. Carey, Assistant Secretary
� (U State of PENNSYLVANIA ss E
� 5) County of MONTGOMERY :�
k
�0 �-- � On this� day of February , � before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance g- � � CU Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes ·c � � � therein contained by signing on behalf of the corporations by himself as a duly authorized officer. � �
�k -5 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written, � i �·oo �---------- �nc'.Q � Commonwealth of Pennsylvani� - Notary Seal <f':50.,: (J) ai Q Teresa Pastslla, Nota1y· Pub lie .,,J-...,__ /) O Montgomery Courty f// � � . . , � �
"g �
My commission expires March 28, 2025 By: 0Lµ.,u,a-µ_��------------ fj)'==,,,k � commission number 1126044 f eresa Pastella, Notary Public Eo @..., � Member, Pennsylvania Assoclallon of Notaries ij} i� ,��, 'b
.g> 2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance 0� \ii!OE.!:: Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: b? • N Q � ARTICLE IV -OFFICERS: Section 12. Power of Attorney. o... � ,.._ ,._ Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President � cS;g [)' may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all c CO � ffi undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full � � O !::: power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall _§ ffiz G be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this ,._ ffi article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. � 15..

ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.

Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.

Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Comparnes this 9th day of -�M�a�r�ch�_ 2022 4-�,(lr-By:�
"RCe-neLe'C'.'L"le�w�el"ly�n,'A�s"si'st-an't�S-ec'r'et-,ry--------- LMS-12873 LMIC OCIC WAIC Multi Co 02121

Page 13 of 38 ends

EXHIBIT 2
581
Bond No. 38K009305
Premium is included in Petformance Bond

BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:

That we, TBS CONTRACTORS, a STATE OF CALIFORNIA CORPORATION, as Principal and The Ohio Casualty Insurance Company, corporation, organized and existing under the laws of the State of Ha�;:'hire and duly
authorized to transact business under
the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of THREE HUNDRED TWENTY-FIVE THOUSAND, NINE HUNDRED TWENTY-FOUR AND 84/100 DOLLARS ($325,924.84), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:

MCNAIR SOCCER COMPLEX PHASE 2
PROJECT NO. CR16024 (FORMERLY PW1624)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, 1

Page 14 of 38 ends

EXHIBIT 2
582
provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the
judgment therein rendered.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGN ED AND SEALED on __ M_ a_r_c_h __.9 .._2_0_22 __________ ------' APPROVED AS TO SURETY:

The Ohio Casualty Insurance Company
SURETY
APPROVED AS TO FORM & CONTENT:

JOHN M. LUEBBERKE

OFFICE OF THE CITY ATTORNEY
By�� Deanna Quintero, A TTON EY--IN-FACT
By:---------

DEPUTY CITY ATTORNEY
2

Page 15 of 38 ends

EXHIBIT 2
583

State of California
County of -----�B�u�tt�e ____
_
On --�M�a�rc�h-'-----'--9�2�0�2=2'---- before me, ___ E_ l _iz_a_b _et_h_C_o_l_lo,----d_,_i,_N_o_ t_a___.ry.,....P_ub_l_ic __ _ (insert name and title of the officer)
personally appeared Deanna Quintero
who proved to me on the basis of satisfactor y evidence to be the person(st whose name(st is/afe subscribed to the within instrument and acknowledged to me that J::¼e/she/tRey executed the same in J:Hs/her/tRei-1= authorized capacity(+est, and that by J:Hs/her/tRei-1= signature(st on the instrument the person(st, or the entity upon behalf of which the person(st acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Page 16 of 38 ends

EXHIBIT 2
584
�Libertx
\P Mutual.

SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company

POWER OF ATTORNEY
Certificate No: 8207388-971829
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Bill Rapp; Breanna Boatright; Claudine
Gordon; Deanna Quintero; Dineen Fraser; Elizabeth Collodi; Hunter Smithson; Jason March; Jennifer Lakmann; John Hopkins; John J Weber; K. Corey Ward; Kathleen Le; Kris Lopes; Kristie Phillips; Marissa Robinson; Mary Collins; Matthew Foster; Michael Feeney; Mike Taylor; Mindy Whitehouse:

Peggy Trusty; Phil Watkins; Renee Ramsey; Samantha Watkins; Sara Walliser; Steven L. Williams; Tony Clark all of the city of Chico state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this ____ll_!:Q__ day of February , �-
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
j
By: w�;;;mpany
c "--•_c,, "'-- " · _c..,. ,.:.:_, _;;,, David M. Carey, Assistant Secretary :gf; State of PENNSYLVANIA ss -E
� 5J County of MONTGOMERY :� �
.!: � On this� day of February , 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance §-� :: CU Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes ·c �� i therein contained by signing on behalf of the corporations by himself as a duly authorized officer. � f!-� IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. �@
� � Commonwealth of Pennsylvania• Notary Seal � ai Q Teresa Pastella, Natal) Public ,,f--.... /) 0 O +-' Montgomery County � � e:..::r:g � � :II'. Myc��;��
x
:��e��;s�!;/
025
By: d--��=------------I iu'�
(I)� 1Jo�1--J�� Member, Pennsylvania Assooialion of Notaries Teresa Pastella, Notary Public § ffiOl :fl "4av ""S)v ,a �ro .._ �o .g> 2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance �@ E -� Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: e5 b? Q * ARTICLE IV- OFFICERS: Section 12. Power of Attorney. . Cl. ra ,.._ .._ Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President :g C) ;g � may prescribe, shall appoint such attorneys-in•fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all c CD � � undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full � 19 15 t: power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall _§ ffiz a be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this .._ ffi article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. i5: i5..

ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.

Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Compcny to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.

Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in f act as may be necessary to act on behalf of the Company to make1 execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

I, Renee C, Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 9th day of -�M�a�cc�h�_, 2022 4-{6,fy-By:� "R�e�n,Le'C'.'L'l e�w°'el'ly-n,'A-s'si'sl-an'l"S_ec_r'ela_ry ________ _
LMS-12873 LMIC OCIC WAIC Multi Co 02121

Page 17 of 38 ends

EXHIBIT 2
585
MCNAIR SOCCER COMPLEX PHASE 2
PROJECT NO. CR16024

BIDDI NG SCHEDU LE
Each bidder shall bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive. The basis of contract award will be the lowest bidder for the Base Bid. It is the City's sole discretion to add, or not add, the Add Alternate Bid(s) to the Base Bid contract.

BASE BID
Item Description Unit Quantity Unit price Total Price
1 Scoreboards, Concrete Storage 1 3Jf,C,J'f.8l/
Area & Fencing, and Security LS
�J\9)-'/.� Gate
ADD AL TERNA TE NO. 1
Item Description Unit Quantity Unit price Total Price
2 Soccer Field Seeding 172,000 ()dl{ d lf,O �.ooSF
TOTAL BASE BID '3 J-)9 J.. L/. 'i! '/
TOTAL ALTERNATE NO.1 it-lf. ogo.ou
j
BIDDER'S NAME ___ T_B_S_C_o_nt_ra_c_to_rs _____ _
Bid Forms Page 4 of 11 Last Revised 12/31 /20
,,
f! 'I Ii
I
I

Page 18 of 38 ends

EXHIBIT A
EXHIBIT 2
586
The City of Stockton is now using www.PINSAdvantage.com to track Insurance Certiﬁcates and all related documents.

The PINS system starts with The City of Stockton. A Stockton User logs into PINS and emails a request for proof of insurance to the Vendor/Contractor. The Vendor/Contractor forwards the request email to their Insurance Agent(s). The Insurance Agent(s) logs into www.PINSAdvantage.com and completes the insurance certiﬁcate online.
www.pinsadvantage.com
+ 1 626 844 1838
WHAT IS THE PROCESS?
Note: Vendors will receive the insurance request email from: [email protected] Thank you for your compliance!
01 02
03 04
The Vendor/
Contractor forwards
the email to their
insurance agent(s).

PINS notiﬁes
The City of Stockton
that documents have
been submitted and
automatically checks
for compliance.

Agent(s) log into
PINSAdvantage.com
and complete
the insurance
certiﬁcate online
A Stockton User
logs into PINS and
emails a request for
insurance to the
Vendor/Contractor

Page 19 of 38 ends

EXHIBIT B
EXHIBIT 2
587
REV 2017_09_01
NOTE: The City of Stockton is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s). Please see attached flyer regarding PINS Advantage.

McNair Soccer Complex Phase 2
Project No. CR16024
Insurance Requirements
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, their agents, representatives, employees, or subcontractors. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City, at its sole discretion, may purchase the coverage required and the cost will be paid by the contractor.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Surety Bonds as described below.

It shall be a requirement under this agreement that any available insurance proceeds
broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any

Page 20 of 38 ends

EXHIBIT B
EXHIBIT 2
588
REV 2017_09_01
Insurance policy or proceeds available to t
he named insured; whichever is greater. No
representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.

Limits of Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self- insurance and shall be at least as broad as CG 20 01 04 13. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Claims Made Policies – (Note – applicable only to professional and/or pollution liability)
If any coverage required is written on a claims-made coverage form:

Page 21 of 38 ends

EXHIBIT B
EXHIBIT 2
589
REV 2017_09_01

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

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

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. 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.

Page 22 of 38 ends

EXHIBIT B
EXHIBIT 2
590
REV 2017_09_01
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.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.

Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services 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.

Contractor shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.

Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract. Contractor shall include the following language in their agreement with Subcontractors: Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the contract documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the owner contract document indemnity and insurance provisions will be furnished to the subcontractor upon request. Contractor shall provide proof of such compliance and verification to the City upon request.

Surety Bonds
Contractor shall provide the following Surety Bonds:

Page 23 of 38 ends

EXHIBIT B
EXHIBIT 2
591
REV 2017_09_01

1. Bid bond

2. Performance bond

3. Payment bond (or Labor and Material bond)

4. Maintenance bond
The Payment Bond and the Performance Bond s
hall be in a sum equal to one hundred
percent (100%) of the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

City of Stockton
Attn: City Risk Services
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202

Page 24 of 38 ends

EXHIBIT B
EXHIBIT 2
592
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

Page 25 of 38 ends

EXHIBIT C
EXHIBIT 2
593
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.

E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up to and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.

F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.

G. The City of Stockton prohibits retaliation against any employee or non employee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.

H. This policy applies to all officials, employees,
volunteers, unpaid interns,
agents, or contractors of the City.

I. This policy shall be administered by the Director of Human Resources.

Page 26 of 38 ends

EXHIBIT C
EXHIBIT 2
594
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation,
sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:

1. Soliciting applications from a source where all or most of potential workers are of the same race or color.

2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and

3. Questioning a job applicant about the existence, nature and severity of a disability.

B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3)

Page 27 of 38 ends

EXHIBIT C
EXHIBIT 2
595
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14

DISCRIMINATION AND

HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.

Harassment may take many forms, including, but not limited to, the following examples:

1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

2. Physical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry,
physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:

1. Submission to such conduct is made a term or condition of employment; or

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or

Page 28 of 38 ends

EXHIBIT C
EXHIBIT 2
596
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14

DISCRIMINATION AND

3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.

Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Making or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.

Page 29 of 38 ends

EXHIBIT C
EXHIBIT 2
597
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date:

HARASSMENT POLICY
Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.

D. Affordable Care Act (ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:

1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;

2. Reports potential violations of protections
afforded under Title I of the
Act, which provides guaranteed availability protections among other things;

3. Testifies in a proceeding concerning such violation;

4. Assists or participates in a proceeding concerning a violation; or

5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.

An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.

IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any

Page 30 of 38 ends

EXHIBIT C
EXHIBIT 2
598
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.

1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her
supervisor or manager, except
as specified in subsection (b), below. Employees and non employees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or

Page 31 of 38 ends

EXHIBIT C
EXHIBIT 2
599
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14

DISCRIMINATION AND

HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the
individuals involved, the names of any witnesses, and
any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.

If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge shall be taken.

2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or non employee to cease the conduct.

Page 32 of 38 ends

EXHIBIT C
EXHIBIT 2
600
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From:

HARASSMENT POLICY
Effective Date:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment
Investigative Procedures) revised from 2/15/93
d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.

B. Confidentiality. The City will make every effort to protect the privacy and confidentiality of all parties involved, as well as any information and/or documentation obtained, to the extent possible consistent with a thorough investigation.

C. Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.

V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is

Page 33 of 38 ends

EXHIBIT C
EXHIBIT 2
601
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.

Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:

1. Identify and preserve the evidence.

2. Confirm the name and position of the complainant. Interview the complainant.

3. Allow the complainant the opportunity to place the complaint in writing.

4. Obtain the identity of the alleged harasser(s).

5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and
witnesses (if applicable).

6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).

7. Ascertain if any threats or promises were made in connection with the alleged harassment.

8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).

9. Ascertain whether the complainant has spoken to anyone, especially

Page 34 of 38 ends

EXHIBIT C
EXHIBIT 2
602
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 11 of 14

DISCRIMINATION AND

HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.

10. Ascertain what resolution would be acceptable to the complainant.

11. Interview the alleged harasser to get his or her side of the story, including any possible motivation for a false allegation.

12. Interview witnesses who were identified by the complainant regarding the alleged harasser or other persons identified during the investigation.

13. Interview witnesses who were identified by the alleged harasser or other persons identified during the investigation.

14. Advise all participants that the investigation is "confidential" and not to engage in any retaliatory conduct, as such conduct is subject to disciplinary action up to and including discharge. Confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.

15. Conduct follow-up interviews, if warranted.

16. Prepare report of findings and discuss with management and designated legal staff.

VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall

Page 35 of 38 ends

EXHIBIT C
EXHIBIT 2
603
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head,
the department head shall confer with the Director of
Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.

B. If either the department head or the Director of Human Resources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.

C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consulting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.

D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged to have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determination as to whether the complaint is:

1. Unsustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).

2. Unfounded: The investigation proved that the act(s) or omission(s)

Page 36 of 38 ends

EXHIBIT C
EXHIBIT 2
604

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09

3. 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 complained of did not occur. The finding
also applies when the
individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.

Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.

E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.

F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.

VII. DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.

VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these

Page 37 of 38 ends

EXHIBIT C
EXHIBIT 2
605

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 14 of 14

DISCRIMINATION AND

APPROVED:
c:r��SON

CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1

Page 38 of 38 ends

EXHIBIT C
EXHIBIT 2
606
City of Stockton
Legislation Text
File #: 22-0079, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE BUS RAPID TRANSIT PHASE 1-B CORRIDOR

IMPROVEMENTS PROJECT

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the Notice of Exemption No. NOE16-21 under the California Environmental Quality Act for the Bus Rapid Transit Phase 1-B Corridor Improvements, Project No.

WT15015/Federal Project No. CML-5008(148).

2. Approve the plans and specifications for the Bus Rapid Transit Phase 1-B Corridor Improvements, Project No. WT15015/Federal Project No. CML-5008(148).

3. Transfer funds in the amount of $13,500 from the Traffic Signal Modification Program, Project No. WT15029, to the Bus Rapid Transit Phase 1-B Corridor Improvements, Project No.

WT15015/Federal Project No. CML-5008(148).

4. Transfer funds in the amount of $251,500 from the Public Facility Fees Streets Fund Balance to the Bus Rapid Transit Phase 1-B Corridor Improvements, Project No. WT15015/Federal Project No. CML-5008(148).

5. Award a Construction Contract in the amount of $1,092,918.50 to Bear Electrical Solutions, Inc. of Alviso, CA, for the Bus Rapid Transit Phase 1-B Corridor Improvements, Project No.

WT15015/Federal Project No. CML-5008(148).

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Summary
The City partners with the San Joaquin Regional Transit District (SJRTD) to implement the Bus Rapid Transit (BRT) projects in the City. BRT routes provide faster service, greater service reliability, and increased customer convenience when compared with regular transit service. The BRT Phase 1-B project will provide express bus service along segments of Pacific Avenue, Madison Street, Fremont Street, Center Street, Miner Avenue, and Sutter Street (Attachment A). The BRT Phase 1-B project will modify all traffic signals along the route to provide transit signal priority to buses. The project was identified in the 2015-20 Five-Year Capital Improvement Plan (CIP).

On October 14, 2021, the City received six bids for this project. Staff recommends award of the Construction Contract to the lowest responsible bidder, Bear Electrical Solutions, Inc., in the amount City of Stockton Printed on 3/29/2022Page 1 of 5
powered by Legistar™
607
File #: 22-0079, Version: 1
of $1,092,918.50. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE16-21 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project.

To fully fund the construction of the project, staff recommends transferring funds in the total amount of $265,000 from various accounts, including the Traffic Signal Modification Program and PFF Streets Fund Balance. Construction is anticipated to be completed by fall 2022.

This project is federally funded and is subject to federal Disadvantaged Business Enterprise (DBE) requirements.

DISCUSSION
Background
The City partners with the SJRTD to implement the BRT projects in the City. BRT routes provide faster service, greater service reliability, and increased customer convenience when compared with regular transit service. SJRTD BRT provides service every 15 minutes during weekday peak hours, and every 30 minutes on weeknights, weekends, and holidays. The first BRT route was put in service 10 years ago and connects the Downtown Transit Center, Cesar Chavez Central Library, University of the Pacific, Delta College, Sherwood and Weberstown Malls, Lincoln Center, and Hammer Lane. Subsequent BRT routes or phases expanded the system by adding more connections along Dr. Martin Luther King Jr. Boulevard/Mariposa Road, Hammer Lane, and Airport Way.

Construction and implementation of a BRT project is a collaborative effort between the City and SJRTD. The City’s role consists of modifying traffic signals to incorporate transit signal priority and emergency vehicles preemption (TSP/EVP) systems and ensuring that those systems communicate properly with SJRTD buses. SJRTD procures and installs the on-bus TSP emitters, bus shelters, ticket vending machines, concrete bus pads, and security cameras at designated locations along the BRT routes.

On January 28, 2014, by Motion No. 2014-01-28-1210, Council approved the submittal of an application to the San Joaquin Council of Governments for funding consideration through the competitive Congestion Mitigation Air Quality (CMAQ) grant program for the BRT Phase 1-B project.

CMAQ funds are available for transportation projects and programs that contribute to the attainment or maintenance of National Ambient Air Quality Standards. BRT Phase 1-B will provide express bus service along segments of Pacific Avenue, Madison Street, Fremont Street, Center Street, Miner Avenue, and Sutter Street, and will connect with other existing BRT routes at the Downtown Transit Center (Attachment A). The BRT Phase 1-B project will modify all traffic signals along the route to provide transit signal priority to buses that traverse the route. The project also includes a roundabout at the intersection of Miner Avenue and San Joaquin Street; this roundabout was designed and constructed as part of the Miner Avenue Complete Street Improvements project.

The minimum local match for the CMAQ program is 11.47 percent. The BRT Phase 1-B project CMAQ funding application in the total amount of $1,600,000 was approved, and the project received $1,416,480 in CMAQ federal funds. Of the funds, $864,414 was allocated for the roundabout work at the Miner Avenue and San Joaquin Street intersection. The required local match is $183,520.

City of Stockton Printed on 3/29/2022Page 2 of 5
powered by Legistar™
608
File #: 22-0079, Version: 1
Since the project is funded with federal transportation dollars, DBE program rules apply. DBE rules require that the prime contractor either meet a calculated project specific DBE participation goal or undertake and document good faith efforts to do so. If the apparent low bidder does not meet the project goal, a Good Faith Efforts Evaluation must be made examining several specific factors.

Failure to meet the goal or provide evidence of adequate good faith efforts are grounds for rejecting the bidder as non-responsive.

A DBE is a socially and economically disadvantaged small business owned by a woman or by a specified ethnic group that has been properly certified by Caltrans. These groups include:
· African American
· Asian Pacific American
· Native American
· Women
· Hispanic American
· Subcontinent Asian American
A DBE goal of six percent was established for this project. The goal was calculated by examining the breakdown of the types of work to be performed, and the availability of certified DBE companies in our market area to perform the work. A non-mandatory pre-bid meeting was held on September 29, 2021, to emphasize the DBE requirements, and to provide information on how to meet the project DBE goal.

The federal funding restrictions prohibit the use of the Local Employment Ordinance (Stockton Municipal Code (SMC) section 3.68.095), and the Local Business Preference Ordinance (SMC section 3.68.090).

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was not applied to this project as federal regulations prohibit the use of such agreements.

Present Situation
On September 14, 2021, the BRT Phase 1-B Corridor Improvements, Project No. WT15015/Federal Project No. CML-5008(148), was advertised for bids.

On October 14, 2021, six bids were received with the following results:

City of Stockton Printed on 3/29/2022Page 3 of 5
powered by Legistar™
609
File #: 22-0079, Version: 1
BID

COMPANY NAME BASE BID ALTERNATE B
Bear Electrical Solutions, Inc. $1,079,418.50 $13,500.00 (Alviso, CA)
Ray’s Electric, Inc. $1,126,212.00 $22,400.00
(Oakland, CA)
Tim Paxin’s Pacific Excavation, Inc. $1,146,118.00 $24,869.00 (Elk Grove, CA)
PTM General Engineering Services, Inc. $1,199,199.00 $28,792.00 (Riverside, CA)
St. Francis Electric, LLC $1,241,710.00 $35,500.00
(San Leandro, CA)
Tennyson Electric, Inc. $1,249,355.00 $30,900.00
(Livermore, CA)
Engineer’s Estimate $1,158,995.00 $12,000.00
The basis of award for the project is the lowest responsive bid received for the base bid. The bid from Bear Electrical Solutions, Inc., the lowest responsible bidder, is regular in all respects. Bear Electrical Solutions, Inc. has the proper license to perform the work and has proposed a DBE participation of 7.88 percent, which exceeds the six percent DBE goal.

Staff recommends Council approve the plans and specifications for the project and award a Construction Contract for the Base Bid and Bid Alternate B to Bear Electrical Solutions, Inc. of Alviso, CA, in the amount of $1,092,918.50.

Caltrans National Environmental Policy Act determination was received on April 6, 2020. The State determined that the project is a Categorical Exclusion under 23 CFR 771.117(c): activity (c)(26).

Similarly, the project is in conformance with the City’s General Plan, pursuant to California Government Code section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c). The resolution will approve the filing of Notice of Exemption No.

NOE16-21 under CEQA.

Construction is anticipated to be completed by fall 2022.

FINANCIAL SUMMARY
The current unencumbered balance in the BRT Phase 1-B Corridor Improvements, Project No.

WT15015 (formerly PW1515)/Federal Project No. CML-5008(148), Account No. 4570-000-800007- 300-000-30-45-000-000, is not sufficient to award a Construction Contract to Bear Electrical Solutions, Inc. in the amount of $1,092,918.50.

City of Stockton Printed on 3/29/2022Page 4 of 5
powered by Legistar™
610
File #: 22-0079, Version: 1
The resolution includes the following actions to provide sufficient funding to award a Construction Contract and to fund all other construction related costs to complete the project:

1. Transfer funds in the amount of $13,500 from the Traffic Signal Modification Program, Project No. WT15029 (formerly PW1529), Account No. 4570-000-800007-300-000-30-45-000-000, to the BRT Phase 1-B Corridor Improvements, Project No. WT15015 (formerly PW1515)/Federal Project No. CML-5008(148), Account No. 4570-000-800007-300-000-30-45-000-000; and

2. Transfer funds in the amount of $251,500 from the Public Facility Fees Streets Fund Balance, Account No. 0000-000-390000-310-312-00-00-000-000, to the BRT Phase 1-B Corridor Improvements, Project No. WT15015 (formerly PW1515)/Federal Project No. CML-5008(148), Account No. 4570-000-800007-300-000-30-45-000-000.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.

Attachment A - Vicinity Map
City of Stockton Printed on 3/29/2022Page 5 of 5
powered by Legistar™
611

STOCKTON METROPOLITAN

AIRPORT

BOEING WY

WILLIAM MOSS BL

FRENCH CAMP RD

HOLMAN ROAD

ARCH-AIRPORT RD
8T HS T

PORT OF STOCKTON

TRINITY PKWAY
5 5
5 54
99 4
4 99
99 99
4 4
4 Oak St.

Fremont
St.

El Dorado St.

Hunter St.

San Joaquin St.

Sutter St.

California St.American St.Stanislaus St.

Madison St.

Center
St.

Miner Ave.

Main St.

Market St.

Washington St
Lafayette
St
Weber Av.

Park St.

Insert A
See
Insert A
BRT Route Map
BRT Phase 1-B Corridor Improvements
City Project No. WT15015 / Federal Project No. CML-5008(148) BRTÝonPacificAve
BRT BRT BRT BRT BRTIB IB IB IB IBon on on on onMadison Madison Madison Madison MadisonSt St St St St & & & & &Fremont Fremont Fremont Fremont FremontSt St St St St BRTIIonAirportWy
BRTIIIonHammerLn
BRTIVonCharter Wy
&MLKBlvd
BRTVonWeberAve,
MinerAve,FremontSt,
FilberǼSt,&MainSt

ATTACHMENT A

BRT I-B on Pacific Ave,
Madison St, Fremont
St, Center St, Miner
Ave and Sutter St.

BRT I on Pacific Ave

BRT II on Airport Wy

BRT III on Hammer Ln

BRT IV on Charter Wy
and Dr MLK Jr Blvd

BRT V on Weber Ave,
Miner Ave, Fremont St,
Filbert St, and Main St.

CURRENT PROJECT PHASE:

PREVIOUS PROJECT PHASES:

FUTURE PROJECT PHASE:
612
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO . NOE16-21,

APPROVING THE PLANS AND SPECIFICATIONS, TRANSFERRING FUNDING, AND

AWARDING A CONSTRUCTION CONTRACT FOR THE BUS RAPID TRANSIT PHASE 1-B CORRIDOR IMPROVEMENTS, PROJECT NO. WT15015/FEDERAL PROJECT NO. CML-5008(148)

On October 14, 2021, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Bus Rapid Transit (BRT) Phase 1 -B Corridor Improvements, Project No. WT15015/Federal Project No.

CML-5008(148); and

The project will provide infrastructure to implement express bus service along segments o f Pacific Avenue, Madison Street, Fremont Street, Center Street, Miner Avenue, and Sutter Street. The project includes a roundabout at the intersection of Miner Avenue and San Joaquin Street; this roundabout was designed and constructed as part of the Miner Avenue Complete Streets Improvements project. The project will modify all traffic signals along the routes to provide transit signal priority to buses; and

Bear Electrical Solutions, Inc. is the low est responsible bidder in the amount of $1,092,918.50, and its bid is regular in all respects; and

Caltrans National Environmental Policy Act determination was received on April 6, 2020 . The State determined that the project is a Categorical Exclusion under 23 CFR 771.117(c): activity(c)(26). Similarly, the project is in conformance with the City’s General Plan, pursuant to California Government Code section 65402; and

The project is categorically ex empt from the requirements of the Cal ifornia Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The City Council approves the filing of Notice of Exemption No. NOE16-21 under CEQA for the BRT Phase 1 -B Corridor Improvements, Project No. WT15015 (formerly PW1515)/Federal Project No. CML -5008(148), a copy of which is attached as Exhibit 1 and incorporated by this reference.

613

2. The City Council approves the plans and specifications for the BRT Phase 1-B Corridor Improvements, Project No. WT15015 (formerly PW1515)/Federal Project No. CML-5008(148).

3. The City Council approves the transfer of funds in the amount of $13,500.00 from the Traffic Signal Modification Program, Project No. WT15029, to the BRT Phase 1-B Corridor Improvements, Project No. WT15015 (formerly PW1515)/Federal Project No. CML-5008(148).

4. The City Council approves the t ransfer of funds in the amount of $251,500.00 from the Public Facility Fees Streets Fund to the BRT Phase 1-B Corridor Improvements, Project No. WT15015 (formerly PW1515) /Federal Project No.

CML-5008(148).

5. The City Council awards a Construction Contract between the City of Stockton and Bear Electrical Solutions, Inc., in the amount of $1,092,918.50, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

6. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED April 5, 2022 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
614

CITY OF STOCKTON

NOTICE OF EXEMPTION
TO: FROM: Lead AgencyCOUNTY CLERK

COUNTY OF SAN JOAQUIN
16DQ-RDTXLQ6WUHHW6XLWH
Stockton, CA 95202
City of Stockton
3XEOLF:RUNV'HSDUWPHQW
(:HEHU$YHQXH5RRP
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062

PROJECT DATA
Project Title: %XV5DSLG7UDQVLW&RUULGRU,PSURYHPHQWV3KDVH% CEQA Exemption File No.: NOE16-21
Applicant: City of Stockton, Public Works Department
Project Description/Location: The City of Stockton’s Public Works Department is proposing to install Transit Priority Signals at various locations along Pacific Avenue, Madison Street and Fremont Street. The project will also install other transit signal equipment, curb, gutter and sidewalk and ADA-compliant curb ramps, and signage and striping.

DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):

The activity is not a "project" as defined in CEQA Guidelines Section 15378.

The activity is exempt under the "general rule" at CEQA Guidelines Section1 5061(B)(3).

The project is "Statutorily Exempt" per CEQA Guidelines Section: __________ X The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).

BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.

X The activity constitutes a discretionary project under the Ci ty's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).

JODI ALMASSY, DIRECTOR March 23, 2021

PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By

ROSA ALVAREZ, ASSOCIATE ENGINEER (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________

AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
_________________________________________ BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB Signature Title
_________________________________________
Posting Period Ending Date
ROSA
AL
VAREZ,

ASASSASASAAAAAAAAAASSAAAAASSASAAAAAASAASAAAAASASSASAAASASAASSASAAAAASASSSASASASASASAASAASASASAASSSSASSSASAAAAASAAAASSSSSSSSSASAASAAAAAAASSSSSSASSSSSSSSSSSSSSOSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS C EXHIBIT 1
615
Federal Construction Contract – BEAR ELECTRICAL SOLUTIONS, INC. – PROJECT NO. WT15015/ FEDERAL PROJECT NO. CML-5008(148) (Updated 12/30/20)

CONSTRUCTION CONTRACT

This contract is made and entered into on _____________, by and between BEAR ELECTRICAL SOLUTIONS, a STATE OF CA CORPORATION, with a business address at P. O. BOX 924, ALVISO, CA 95002 , hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."

W I T N E S S E T H:

WHEREAS, plans and specifications for the construction of BUS RAPID TRANSIT (BRT) PHASE 1-B CORRIDOR IMPROVEMENTS (PROJECT NO. WT15015/FEDERAL PROJECT NO. CML-5008(148)), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:

CONTRACTOR agrees:

1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. __________________. The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $1,092,918.50, or as otherwise mutually agreed to in a Contract Change Order.

3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.

It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured.

Page 1 of 131 ends

EXHIBIT 2
616
Federal Construction Contract – BEAR ELECTRICAL SOLUTIONS, INC. – PROJECT NO. WT15015/ FEDERAL PROJECT NO. CML-5008(148) (Updated 12/30/20)

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater.

The Additional Insured coverage under the Contractor’s policy shall be “primary and non- contributory” and will not seek contribution from the City of Stockton’s insurance or self- insurance and shall be at least as broad as CG 20 01 04 13.

The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or Agreement) before the City of Stockton’s own insurance or self- insurance shall be called upon to protect it as a named insured.

All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.

Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City of Stockton.

The City of Stockton reserves the right to obtain a full certified copy of any Insurance policy and endorsements.

Failure to exercise this right shall not constitute a waiver of right to exercise later.

Contractor shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.

Contractor agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.

Subcontractors hired by Contractor agree to be bound to Contractor and the City of Stockton in the same manner and to the same extent as Contractor is bound to the City of Stockton under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the City of Stockton Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General Contractor shall require all sub-contractors to provide a valid

Page 2 of 131 ends

EXHIBIT 2
617
Federal Construction Contract – BEAR ELECTRICAL SOLUTIONS, INC. – PROJECT NO. WT15015/ FEDERAL PROJECT NO. CML-5008(148) (Updated 12/30/20)

certificate of insurance and the required endorsements included in the Agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California, Contractor shall indemnify, protect, defend with counsel approved by City and at Contractor’s sole cost and expense, and hold harmless City, its Mayor, Council, officials, representatives, agents, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, State, or municipal law or ordinance, or City Policy, by Contractor or Contractor’s officers, agents, employees, volunteers or subcontractors.

Contractor shall not be obligated to indemnify or defend City for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the City. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of Contractor to City, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by Contractor under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

With exception that this section shall in no event be construed to require indemnification, including the duty to defend, by Contractor to a greater extent than permitted under the public policy of the State of California, the parties agree that Contractor’s duty to defend City is immediate and arises upon the filing of any claim against the City for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by Contractor or Contractor’s officers, agents, employees, volunteers or subcontractors. Contractor’s duties and obligations to defend the City shall apply regardless of whether or not the issue of the City’s liability, breach of this Agreement, or other obligation or fault has been determined.

Contractor shall be immediately obligated to pay for City’s defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal.

At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the City, City will then reimburse Contractor for amounts paid in excess of Contractor’s proportionate share of responsibility for the damages within 30 days after Contractor provides City with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures Contractor is not obligated to defend or indemnify City in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

Page 3 of 131 ends

EXHIBIT 2
618
Federal Construction Contract – BEAR ELECTRICAL SOLUTIONS, INC. – PROJECT NO. WT15015/ FEDERAL PROJECT NO. CML-5008(148) (Updated 12/30/20)

With the exception that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, Contractor shall indemnify, defend, and hold harmless City, its Mayor, Council, officials, representatives, agents, employees, and volunteers from and against all claims, losses, expenses, and costs including, but not limited to, attorneys’ fees, arising out of any claim brought against the City by an employee, office, agent, or volunteer of Contractor, regardless of whether such claim may be covered by any applicable workers compensation insurance. Contractor’s indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor under workers’ compensation acts, disability acts, or other employee benefit acts.

The City’s acceptance of the insurance certificates required under this Agreement does not relieve the CONTRACTOR from its obligation under this paragraph. The indemnification obligations of this section shall survive the termination of this agreement.

Any exceptions to this language may result in a proposal being deemed non-responsive.

Contractor/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.

The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this agreement. If any section, subsection, sentence, clause or phrase of this indemnification is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this indemnification.

5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

6. WORKING DAYS. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage

Page 4 of 131 ends

EXHIBIT 2
619
Federal Construction Contract – BEAR ELECTRICAL SOLUTIONS, INC. – PROJECT NO. WT15015/ FEDERAL PROJECT NO. CML-5008(148) (Updated 12/30/20)

which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of THREE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($3,500) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if CITY decides to increase the said number of days, CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director, inability to get materials ordered by CONTRACTOR or Subcontractor due to such causes provided that CONTRACTOR shall notify the Director in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.

If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director or of CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.

7. CONFORMANCE TO APPLICABLE LAWS

A. TITLE VI

Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)

Page 5 of 131 ends

EXHIBIT 2
620
Federal Construction Contract – BEAR ELECTRICAL SOLUTIONS, INC. – PROJECT NO. WT15015/ FEDERAL PROJECT NO. CML-5008(148) (Updated 12/30/20)

http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

B. DISCRIMINATION AND HARASSMENT POLICY

The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

C. LABOR STANDARDS AND 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.

D. PREVAILING WAGE

CONTRACTOR and any Subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing 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 (see Exhibit D). As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each Subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.

(i) The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The CONTRACTOR shall be responsible for posting said wage

Page 6 of 131 ends

EXHIBIT 2
621
Federal Construction Contract – BEAR ELECTRICAL SOLUTIONS, INC. – PROJECT NO. WT15015/ FEDERAL PROJECT NO. CML-5008(148) (Updated 12/30/20)

rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.

(ii) Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly 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.

(iii) The CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.

(iv) The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.

E. APPENDIX E OF THE TITLE VI ASSURANCES

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the Appendix E of the Title VI Assurances attached as Exhibit F.

CITY agrees:

Page 7 of 131 ends

EXHIBIT 2
622
Federal Construction Contract – BEAR ELECTRICAL SOLUTIONS, INC. – PROJECT NO. WT15015/ FEDERAL PROJECT NO. CML-5008(148) (Updated 12/30/20)

8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.

CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.

Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.

Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-2013, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.

11. AUDITS
(a) CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
(b) CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract.

Page 8 of 131 ends

EXHIBIT 2
623
Federal Construction Contract – BEAR ELECTRICAL SOLUTIONS, INC. – PROJECT NO. WT15015/ FEDERAL PROJECT NO. CML-5008(148) (Updated 12/30/20)

CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of five (5) years after final payment under the contract.

12. FHWA 1273 AND CARGO PREFERENCE ACT
Federal form FHWA 1273 is physically included in this contract as Exhibit E.

In compliance with the Cargo Preference Act of 1954 (CPA), 46 CFR §381, and the implementing regulations in 46 CFR §381.7, the Contractor agrees:

A. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States- flag commercial vessels;

B. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b) (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590;

C. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.

13. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
//
//
//
//
//
//
//
//
//
//

Page 9 of 131 ends

EXHIBIT 2
624
EXHIBIT 2
625

EXHIBIT A

Page 11 of 131 ends

EXHIBIT 2
626

EXHIBIT A

Page 12 of 131 ends

EXHIBIT 2
627

EXHIBIT A

Page 13 of 131 ends

EXHIBIT 2
628
The City of Stockton is now using www.PINSAdvantage.com to track Insurance Certiﬁcates and all related documents.

PINS notiﬁes
The City of Stockton
that documents have
been submitted and
automatically checks
for compliance.

Agent(s) log into
PINSAdvantage.com
and complete
the insurance
certiﬁcate online
A Stockton User
logs into PINS and
emails a request for
insurance to the
Vendor/Contractor

EXHIBIT B

Page 14 of 131 ends

EXHIBIT 2
629
NOTE: The City of Stockton is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s). Please see attached flyer regarding PINS Advantage.

Insurance Requirements for Construction Contracts

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, their agents, representatives, employees, or subcontractors. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City, at its sole discretion, may purchase the coverage required and the cost will be paid by the contractor.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

4. Surety Bonds as described below.

5. Professional Liability (Errors and Omissions) Insurance appropriate to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If Claims-made, see below.)

It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this

EXHIBIT B

Page 15 of 131 ends

EXHIBIT 2
630
Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.

Limits of Insurance

The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

Other Insurance Provisions

The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status

The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage

The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self- insurance and shall be at least as broad as CG 20 01 04 13. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Claims Made Policies – (Note – applicable only to professional and/or pollution liability)

If any coverage required is written on a claims-made coverage form:

EXHIBIT B

Page 16 of 131 ends

EXHIBIT 2
631

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.

Notice of Cancellation

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

Waiver of Subrogation

Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

Self-Insured Retentions

All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. 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.

EXHIBIT B

Page 17 of 131 ends

EXHIBIT 2
632
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.

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.

Verification of Coverage

Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services 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.

Subcontractors

Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract. Contractor shall include the following language in their agreement with Subcontractors: Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the contract documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the owner contract document indemnity and insurance provisions will be furnished to the subcontractor upon request
. Contractor shall provide proof of such compliance and verification to the City upon request.

Surety Bonds

Contractor shall provide the following Surety Bonds:

EXHIBIT B

Page 18 of 131 ends

EXHIBIT 2
633

1. Bid bond

2. Performance bond

3. Payment bond (or Labor and Material bond)

4. Maintenance bond

The Payment Bond and the Performance Bond shall be in a sum equal to one hundred percent (100%) of the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Special Risks or Circumstances

City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

City of Stockton
Attn: City Risk Services
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202

EXHIBIT B

Page 19 of 131 ends

EXHIBIT 2
634

EXHIBIT C

Page 20 of 131 ends

EXHIBIT 2
635

EXHIBIT C

Page 21 of 131 ends

EXHIBIT 2
636

EXHIBIT C

Page 22 of 131 ends

EXHIBIT 2
637

EXHIBIT C

Page 23 of 131 ends

EXHIBIT 2
638

EXHIBIT C

Page 24 of 131 ends

EXHIBIT 2
639

EXHIBIT C

Page 25 of 131 ends

EXHIBIT 2
640

EXHIBIT C

Page 26 of 131 ends

EXHIBIT 2
641

EXHIBIT C

Page 27 of 131 ends

EXHIBIT 2
642

EXHIBIT C

Page 28 of 131 ends

EXHIBIT 2
643

EXHIBIT C

Page 29 of 131 ends

EXHIBIT 2
644

EXHIBIT C

Page 30 of 131 ends

EXHIBIT 2
645

EXHIBIT C

Page 31 of 131 ends

EXHIBIT 2
646

EXHIBIT C

Page 32 of 131 ends

EXHIBIT 2
647

EXHIBIT C

Page 33 of 131 ends

EXHIBIT 2
648
"General Decision Number: CA20210018 09/24/2021
Superseded General Decision Number: CA20200018
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and Tuolumne Counties in California.

BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a
classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR

5.1(a)(2)-(60). Additional information on contractor
requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date
0 01/01/2021
1 01/08/2021
2 01/15/2021
3 01/22/2021
4 02/05/2021
5 02/19/2021
6 02/26/2021
7 03/05/2021
8 04/02/2021
9 04/23/2021
10 05/07/2021
11 05/14/2021
12 06/04/2021
13 06/18/2021
14 06/25/2021
15 07/02/2021
16 07/09/2021

EXHIBIT D

Page 34 of 131 ends

EXHIBIT 2
649
17 07/16/2021
18 07/23/2021
19 08/06/2021
20 08/13/2021
21 08/20/2021
22 08/27/2021
23 09/03/2021
24 09/17/2021
25 09/24/2021
ASBE0016-004 01/01/2021
AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED,

MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS &

TOULMNE COUNTIES
AREA 2: ALAMEDA, CONTRA COSTA, SAN FRANSICO, SAN MATEO & SANTA

CLARA COUNTIES
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)
Area 1......................$ 30.45 10.60
Area 2......................$ 36.53 9.27
---------------------------------------------------------------- ASBE0016-008 01/01/2021
AREA 1: ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN

FRANSICO, SAN MATEO, SANTA CLARA, & SANTA CRUZ
AREA 2: CALAVERAS, COLUSA, FRESNO, KINGS, MADERA, MARIPOSA,

MERCED, SAN JOAQUIN, STANISLAU, & TUOLUMNE
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
Protective Coverings,
Coatings, and Finishes to all
types of mechanical systems)
Area 1......................$ 74.16 23.58
Area 2......................$ 46.81 33.50
---------------------------------------------------------------- * BOIL0549-001 01/01/2021
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA

CLARA COUNTIES
AREA 2: REMAINING COUNTIES
Rates Fringes

EXHIBIT D

Page 35 of 131 ends

EXHIBIT 2
650

BOILERMAKER
Area 1......................$ 49.62 41.27
Area 2......................$ 45.60 38.99
---------------------------------------------------------------- BRCA0003-001 08/01/2020
Rates Fringes
MARBLE FINISHER..................$ 36.53 17.08 ---------------------------------------------------------------- BRCA0003-003 08/01/2020
Rates Fringes
MARBLE MASON.....................$ 51.30 28.47 ---------------------------------------------------------------- BRCA0003-005 05/01/2020
Rates Fringes

BRICKLAYER
( 1) Fresno, Kings,
Madera, Mariposa, Merced....$ 43.68 22.19
( 7) San Francisco, San
Mateo.......................$ 47.65 26.77
( 8) Alameda, Contra
Costa, San Benito, Santa
Clara.......................$ 49.42 22.70
( 9) Calaveras, San
Joaquin, Stanislaus,
Toulumne....................$ 45.12 21.55
(16) Monterey, Santa Cruz...$ 45.88 25.02
---------------------------------------------------------------- BRCA0003-008 07/01/2019
Rates Fringes
TERRAZZO FINISHER................$ 37.58 17.33 TERRAZZO WORKER/SETTER...........$ 48.53 26.84 ---------------------------------------------------------------- BRCA0003-011 04/01/2019
AREA 1: Alameda, Contra Costa, Monterey, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz
AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne
AREA 3: Fresno, Kings, Madera, Mariposa, Merced
Rates Fringes

TILE FINISHER
Area 1......................$ 29.94 16.38
Area 2......................$ 25.60 14.30
Area 3......................$ 26.58 15.65
Tile Layer
Area 1......................$ 49.90 19.16
Area 2......................$ 42.67 16.81
Area 3......................$ 40.27 18.58
---------------------------------------------------------------- CARP0022-001 07/01/2021
San Francisco County

EXHIBIT D

Page 36 of 131 ends

EXHIBIT 2
651
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
---------------------------------------------------------------- CARP0034-001 07/01/2021
Rates Fringes
Diver
Assistant Tender, ROV
Tender/Technician...........$ 54.10 34.69
Diver standby...............$ 60.51 34.69
Diver Tender................$ 59.51 34.69
Diver wet...................$ 103.62 34.69
Manifold Operator (mixed
gas)........................$ 64.51 34.69
Manifold Operator (Standby).$ 59.51 34.69
DEPTH PAY (Surface Diving):
050 to 100 ft $2.00 per foot
101 to 150 ft $3.00 per foot
151 to 220 ft $4.00 per foot
221 ft.-deeper $5.00 per foot
SATURATION DIVING:

The standby rate shall apply until saturation starts. The saturation diving rate applies when divers are under
pressure continuously until work task and decompression are complete. The diver rate shall be paid for all saturation hours.

DIVING IN ENCLOSURES:

Where it is necessary for Divers to enter pipes or tunnels, or other enclosures where there is no vertical ascent, the following premium shall be paid: Distance traveled from entrance 26 feet to 300 feet: $1.00 per foot. When it is necessary for a diver to enter any pipe, tunnel or other enclosure less than 48"" in height, the premium will be $1.00 per foot.

WORK IN COMBINATION OF CLASSIFICATIONS:

Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift.
---------------------------------------------------------------- CARP0034-003 07/01/2021
Rates Fringes
Piledriver.......................$ 54.10 34.69 ---------------------------------------------------------------- CARP0035-007 07/01/2020
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa

EXHIBIT D

Page 37 of 131 ends

EXHIBIT 2
652
Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, San Joaquin, Stanislaus, Tuolumne Counties
Rates Fringes
Modular Furniture Installer
Area 1
Installer..................$ 28.76 22.53
Lead Installer.............$ 32.21 23.03
Master Installer...........$ 36.43 23.03
Area 2
Installer..................$ 26.11 22.53
Lead Installer.............$ 29.08 23.03
Master Installer...........$ 32.71 23.03
Area 3
Installer..................$ 25.16 22.53
Lead Installer.............$ 27.96 23.03
Master Installer...........$ 31.38 23.03
---------------------------------------------------------------- CARP0035-008 08/01/2020
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: San Joaquin
AREA 4: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Stanislaus, Tuolumne Counties
Rates Fringes
Drywall Installers/Lathers:

Area 1......................$ 52.65 31.26
Area 2......................$ 46.77 31.26
Area 3......................$ 47.27 31.26
Area 4......................$ 45.92 31.26
Drywall Stocker/Scrapper
Area 1......................$ 26.33 18.22
Area 2......................$ 23.39 18.22
Area 3......................$ 23.64 18.22
Area 4......................$ 22.97 18.22
---------------------------------------------------------------- CARP0152-001 07/01/2020
Contra Costa County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 52.80 30.82
Journeyman Carpenter........$ 52.65 30.82

EXHIBIT D

Page 38 of 131 ends

EXHIBIT 2
653
Millwright..................$ 52.75 32.41
---------------------------------------------------------------- CARP0152-002 07/01/2020
San Joaquin County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 46.92 30.82
Journeyman Carpenter........$ 46.77 30.82
Millwright..................$ 49.27 32.41
---------------------------------------------------------------- CARP0152-004 07/01/2020
Calaveras, Mariposa, Merced, Stanislaus and Tuolumne Counties Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 45.57 30.82
Journeyman Carpenter........$ 45.42 30.82
Millwright..................$ 47.92 32.41
---------------------------------------------------------------- CARP0217-001 07/01/2021
San Mateo County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
---------------------------------------------------------------- CARP0405-001 07/01/2021
Santa Clara County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &

EXHIBIT D

Page 39 of 131 ends

EXHIBIT 2
654
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
---------------------------------------------------------------- CARP0405-002 07/01/2021
San Benito County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
---------------------------------------------------------------- CARP0505-001 07/01/2021
Santa Cruz County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
---------------------------------------------------------------- CARP0605-001 07/01/2021
Monterey County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
---------------------------------------------------------------- CARP0701-001 07/01/2021
Fresno and Madera Counties
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49

EXHIBIT D

Page 40 of 131 ends

EXHIBIT 2
655
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 47.77 31.49
Journeyman Carpenter........$ 47.62 31.49
Millwright..................$ 50.12 33.08
---------------------------------------------------------------- CARP0713-001 07/01/2021
Alameda County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
---------------------------------------------------------------- CARP1109-001 07/01/2021
Kings County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 47.77 31.49
Journeyman Carpenter........$ 47.62 31.49
Millwright..................$ 50.12 33.08
---------------------------------------------------------------- ELEC0006-004 12/01/2020

SAN FRANCISCO COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 46.00 3%+21.65
Technician..................$ 52.90 3%+21.65
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);

EXHIBIT D

Page 41 of 131 ends

EXHIBIT 2
656
excluding energy management systems.

FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0006-007 06/01/2021

SAN FRANCISCO COUNTY
Rates Fringes
ELECTRICIAN......................$ 80.00 3%+39.215 ---------------------------------------------------------------- * ELEC0100-002 09/01/2021

FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
ELECTRICIAN......................$ 41.00 26.18 ---------------------------------------------------------------- ELEC0100-005 12/01/2019

FRESNO, KINGS, MADERA
Rates Fringes
Communications System
Installer...................$ 35.25 20.86
Technician..................$ 40.54 21.02

SCOPE OF WORK
Includes the installation testing, service and maintenance, of the following systems which utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for the following: TV monitoring and surveillance,
background-foreground music, intercom and telephone
interconnect, inventory control systems, microwave
transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms, and low voltage master clock systems.

A. SOUND AND VOICE TRANSMISSION/TRANSFERENCE SYSTEMS
Background foreground music, Intercom and telephone
interconnect systems, Telephone systems Nurse call systems, Radio page systems, School intercom and sound systems,
Burglar alarm systems, Low voltage, master clock systems, Multi-media/multiplex systems, Sound and musical
entertainment systems, RF systems, Antennas and Wave Guide, B. FIRE ALARM SYSTEMS Installation, wire pulling and testing C. TELEVISION AND VIDEO SYSTEMS Television monitoring and surveillance systems Video security systems, Video
entertainment systems, Video educational systems, Microwave transmission systems, CATV and CCTV
D. SECURITY SYSTEMS Perimeter security systems Vibration sensor systems Card access systems Access control systems,

EXHIBIT D

Page 42 of 131 ends

EXHIBIT 2
657
Sonar/infrared monitoring equipment
E. COMMUNICATIONS SYSTEMS THAT TRANSMIT OR RECEIVE

INFORMATION AND/OR CONTROL SYSTEMS THAT ARE INTRINSIC TO THE ABOVE LISTED SYSTEMS SCADA (Supervisory Control and Data Acquisition) PCM (Pulse Code Modulation) Inventory Control Systems, Digital Data Systems Broadband and
Baseband and Carriers Point of Sale Systems, VSAT Data
Systems Data Communication Systems RF and Remote Control Systems, Fiber Optic Data Systems
WORK EXCLUDED Raceway systems are not covered (excluding Ladder-Rack for the purpose of the above listed systems).

Chases and/or nipples (not to exceed 10 feet) may be
installed on open wiring systems. Energy management
systems. SCADA (Supervisory Control and Data Acquisition) when not intrinsic to the above listed systems (in the
scope). Fire alarm systems when installed in raceways
(including wire and cable pulling) shall be performed at the electrician wage rate, when either of the following two (2) conditions apply:

1. The project involves new or major remodel building trades construction.

2. The conductors for the fire alarm system are installed in conduit.
---------------------------------------------------------------- ELEC0234-001 12/28/2020

MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes

ELECTRICIAN
Zone A......................$ 53.41 27.95
Zone B......................$ 58.75 28.11
Zone A: All of Santa Cruz, Monterey, and San Benito Counties within 25 air miles of Highway 1 and Dolan Road in Moss Landing, and an area extending 5 miles east and west of Highway 101 South to the San Luis Obispo County Line
Zone B: Any area outside of Zone A
---------------------------------------------------------------- ELEC0234-003 12/01/2020

MONTEREY, SAN BENITO, AND SANTA CRUZ COUNTIES
Rates Fringes
Sound & Communications
Installer...................$ 45.50 22.52
Technician..................$ 52.33 22.72
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway

EXHIBIT D

Page 43 of 131 ends

EXHIBIT 2
658
systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

CONTRA COSTA COUNTY
Rates Fringes
CABLE SPLICER....................$ 63.86 29.17 ELECTRICIAN......................$ 56.76 28.95 ---------------------------------------------------------------- ELEC0302-003 12/01/2020

CONTRA COSTA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 42.11 22.52
Technician..................$ 44.83 22.72
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

SANTA CLARA COUNTY
Rates Fringes
CABLE SPLICER....................$ 86.45 42.14 ELECTRICIAN......................$ 75.17 41.81 FOOTNOTES: Work under compressed air or where gas masks are

EXHIBIT D

Page 44 of 131 ends

EXHIBIT 2
659
required, orwork on ladders, scaffolds, stacks, ""Bosun's chairs,"" or other structures and where the workers are not protected by permanent guard rails at a distance of 40 to 60 ft. from the ground or supporting structures: to be paid one and one-half times the straight-time rate of pay.

Work on structures of 60 ft. or over (as described above):
to be paid twice the straight-time rate of pay.
---------------------------------------------------------------- ELEC0332-003 12/01/2020

SANTA CLARA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 45.50 22.515
Technician..................$ 52.33 22.72
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

ALAMEDA COUNTY
Rates Fringes
CABLE SPLICER....................$ 72.80 3%+39.94 ELECTRICIAN......................$ 63.30 3%+39.94 ---------------------------------------------------------------- ELEC0595-002 06/01/2021

CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
CABLE SPLICER....................$ 50.70 7.75%+25.58

ELECTRICIAN
(1) Tunnel work.............$ 44.25 7.75%+25.58
(2) All other work.........$ 42.25 7.75%+25.58
---------------------------------------------------------------- ELEC0595-006 12/01/2020

ALAMEDA COUNTY

EXHIBIT D

Page 45 of 131 ends

EXHIBIT 2
660
Rates Fringes
Sound & Communications
Installer...................$ 45.50 3%+21.15
Technician..................$ 52.33 3%+21.15
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
Communications System
Installer...................$ 36.83 3%+21.15
Technician..................$ 42.35 3%+21.15
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

EXHIBIT D

Page 46 of 131 ends

EXHIBIT 2
661

SAN MATEO COUNTY
Rates Fringes
ELECTRICIAN......................$ 70.00 41.74 ---------------------------------------------------------------- ELEC0617-003 12/01/2020

SAN MATEO COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 45.50 22.52
Technician..................$ 52.33 22.72
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
ELECTRICIAN......................$ 42.00 3%+25.13 CABLE SPLICER = 110% of Journeyman Electrician
---------------------------------------------------------------- ELEC0684-004 12/01/2020

MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
Communications System
Installer...................$ 36.83 22.25
Technician..................$ 42.35 22.42
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed

EXHIBIT D

Page 47 of 131 ends

EXHIBIT 2
662
in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.

LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 60.19 21.94
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment)...........$ 48.08 20.73
(3) Groundman...............$ 36.76 20.33
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
---------------------------------------------------------------- ELEV0008-001 01/01/2021
Rates Fringes
ELEVATOR MECHANIC................$ 72.10 35.825+a+b FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
---------------------------------------------------------------- ENGI0003-001 06/29/2020
""AREA 1"" WAGE RATES ARE LISTED BELOW
""AREA 2"" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1 RATES.

SEE AREA DEFINITIONS BELOW
Rates Fringes

EXHIBIT D

Page 48 of 131 ends

EXHIBIT 2
663
OPERATOR: Power Equipment
(AREA 1:)
GROUP 1.....................$ 51.42 31.15
GROUP 2.....................$ 49.89 31.15
GROUP 3.....................$ 48.41 31.15
GROUP 4.....................$ 47.03 31.15
GROUP 5.....................$ 45.76 31.15
GROUP 6.....................$ 44.44 31.15
GROUP 7.....................$ 43.30 31.15
GROUP 8.....................$ 42.16 31.15
GROUP 8-A...................$ 39.95 31.15
OPERATOR: Power Equipment
(Cranes and Attachments -
AREA 1:)
GROUP 1
Cranes.....................$ 52.30 31.15
Oiler......................$ 43.79 31.15
Truck crane oiler..........$ 46.08 31.15
GROUP 2
Cranes.....................$ 50.54 31.15
Oiler......................$ 42.83 31.15
Truck crane oiler..........$ 45.07 31.15
GROUP 3
Cranes.....................$ 48.80 31.15
Hydraulic..................$ 44.44 31.15
Oiler......................$ 42.55 31.15
Truck crane oiler..........$ 44.83 31.15
GROUP 4
Cranes.....................$ 45.76 31.15
OPERATOR: Power Equipment
(Piledriving - AREA 1:)
GROUP 1
Lifting devices............$ 52.64 31.15
Oiler......................$ 43.38 31.15
Truck Crane Oiler..........$ 45.66 31.15
GROUP 2
Lifting devices............$ 50.82 31.15
Oiler......................$ 43.11 31.15
Truck Crane Oiler..........$ 45.41 31.15
GROUP 3
Lifting devices............$ 49.14 31.15
Oiler......................$ 42.89 31.15
Truck Crane Oiler..........$ 45.12 31.15
GROUP 4
Lifting devices............$ 47.37 31.15
GROUP 5
Lifting devices............$ 44.73 31.15
GROUP 6
Lifting devices............$ 42.50 31.15
OPERATOR: Power Equipment
(Steel Erection - AREA 1:)
GROUP 1
Cranes.....................$ 53.27 31.15
Oiler......................$ 43.72 31.15
Truck Crane Oiler..........$ 45.95 31.15
GROUP 2
Cranes.....................$ 51.50 31.15
Oiler......................$ 43.45 31.15
Truck Crane Oiler..........$ 45.73 31.15
GROUP 3
Cranes.....................$ 50.02 31.15
Hydraulic..................$ 45.07 31.15
Oiler......................$ 43.23 31.15
Truck Crane Oiler..........$ 45.46 31.15

EXHIBIT D

Page 49 of 131 ends

EXHIBIT 2
664
GROUP 4
Cranes.....................$ 48.00 31.15
GROUP 5
Cranes.....................$ 46.70 31.15
OPERATOR: Power Equipment
(Tunnel and Underground Work
- AREA 1:)
SHAFTS, STOPES, RAISES:

GROUP 1....................$ 47.52 31.15
GROUP 1-A..................$ 49.99 31.15
GROUP 2....................$ 46.26 31.15
GROUP 3....................$ 44.93 31.15
GROUP 4....................$ 43.79 31.15
GROUP 5....................$ 42.65 31.15
UNDERGROUND:

GROUP 1....................$ 47.42 31.15
GROUP 1-A..................$ 49.89 31.15
GROUP 2....................$ 46.16 31.15
GROUP 3....................$ 44.83 31.15
GROUP 4....................$ 43.69 31.15
GROUP 5....................$ 42.55 31.15
FOOTNOTE: Work suspended by ropes or cables, or work on a Yo-Yo Cat: $.60 per hour additional.

POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1: Operator of helicopter (when used in erection work); Hydraulic excavator, 7 cu. yds. and over; Power shovels, over 7 cu. yds.

GROUP 2: Highline cableway; Hydraulic excavator, 3-1/2 cu. yds. up to 7 cu. yds.; Licensed construction work boat
operator, on site; Power blade operator (finish); Power shovels, over 1 cu. yd. up to and including 7 cu. yds.
m.r.c.

GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine assistant to engineer or mechanic; Crane
mounted continuous flight tie back machine, tonnage to
apply; Crane mounted drill attachment, tonnage to apply; Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2 cu. yds.; Loader 4 cu. yds. and over; Long reach excavator; Multiple engine scraper (when used as push pull); Power shovels, up to and including 1 cu. yd.; Pre-stress wire wrapping machine; Side boom cat, 572 or larger; Track
loader 4 cu. yds. and over; Wheel excavator (up to and
including 750 cu. yds. per hour)
GROUP 4: Asphalt plant engineer/box person; Chicago boom; Combination backhoe and loader up to and including 3/4 cu. yd.; Concrete batch plant (wet or dry); Dozer and/or push cat; Pull- type elevating loader; Gradesetter, grade
checker (GPS, mechanical or otherwise); Grooving and
grinding machine; Heading shield operator; Heavy-duty
drilling equipment, Hughes, LDH, Watson 3000 or similar; Heavy-duty repairperson and/or welder; Lime spreader;
Loader under 4 cu. yds.; Lubrication and service engineer (mobile and grease rack); Mechanical finishers or spreader machine (asphalt, Barber-Greene and similar); Miller
Formless M-9000 slope paver or similar; Portable crushing and screening plants; Power blade support; Roller operator, asphalt; Rubber-tired scraper, self-loading (paddle-wheels,

EXHIBIT D

Page 50 of 131 ends

EXHIBIT 2
665
etc.); Rubber- tired earthmoving equipment (scrapers); Slip form paver (concrete); Small tractor with drag; Soil
stabilizer (P & H or equal); Spider plow and spider puller; Tubex pile rig; Unlicensed constuction work boat operator, on site; Timber skidder; Track loader up to 4 yds.;
Tractor-drawn scraper; Tractor, compressor drill
combination; Welder; Woods-Mixer (and other similar Pugmill equipment)
GROUP 5: Cast-in-place pipe laying machine; Combination slusher and motor operator; Concrete conveyor or concrete pump, truck or equipment mounted; Concrete conveyor,
building site; Concrete pump or pumpcrete gun; Drilling equipment, Watson 2000, Texoma 700 or similar; Drilling and boring machinery, horizontal (not to apply to waterliners, wagon drills or jackhammers); Concrete mixer/all; Person and/or material hoist; Mechanical finishers (concrete)
(Clary, Johnson, Bidwell Bridge Deck or similar types); Mechanical burm, curb and/or curb and gutter machine,
concrete or asphalt); Mine or shaft hoist; Portable
crusher; Power jumbo operator (setting slip-forms, etc., in tunnels); Screed (automatic or manual); Self-propelled
compactor with dozer; Tractor with boom D6 or smaller;
Trenching machine, maximum digging capacity over 5 ft.
depth; Vermeer T-600B rock cutter or similar
GROUP 6: Armor-Coater (or similar); Ballast jack tamper; Boom- type backfilling machine; Assistant plant engineer; Bridge and/or gantry crane; Chemical grouting machine,
truck-mounted; Chip spreading machine operator; Concrete saw (self-propelled unit on streets, highways, airports and canals); Deck engineer; Drilling equipment Texoma 600,
Hughes 200 Series or similar up to and including 30 ft. m.r.c.; Drill doctor; Helicopter radio operator;
Hydro-hammer or similar; Line master; Skidsteer loader, Bobcat larger than 743 series or similar (with
attachments); Locomotive; Lull hi-lift or similar; Oiler, truck mounted equipment; Pavement breaker, truck-mounted, with compressor combination; Paving fabric installation and/or laying machine; Pipe bending machine (pipelines
only); Pipe wrapping machine (tractor propelled and
supported); Screed (except asphaltic concrete paving);
Self- propelled pipeline wrapping machine; Tractor;
Self-loading chipper; Concrete barrier moving machine
GROUP 7: Ballast regulator; Boom truck or dual-purpose
A-frame truck, non-rotating - under 15 tons; Cary lift or similar; Combination slurry mixer and/or cleaner; Drilling equipment, 20 ft. and under m.r.c.; Firetender (hot plant); Grouting machine operator; Highline cableway signalperson; Stationary belt loader (Kolman or similar); Lift slab
machine (Vagtborg and similar types); Maginnes internal full slab vibrator; Material hoist (1 drum); Mechanical trench shield; Pavement breaker with or without compressor combination); Pipe cleaning machine (tractor propelled and supported); Post driver; Roller (except asphalt); Chip
Seal; Self-propelled automatically applied concrete curing mahcine (on streets, highways, airports and canals);
Self-propelled compactor (without dozer); Signalperson; Slip-form pumps (lifting device for concrete forms); Tie spacer; Tower mobile; Trenching machine, maximum digging capacity up to and including 5 ft. depth; Truck- type loader GROUP 8: Bit sharpener; Boiler tender; Box operator;
Brakeperson; Combination mixer and compressor

EXHIBIT D

Page 51 of 131 ends

EXHIBIT 2
666
(shotcrete/gunite); Compressor operator; Deckhand; Fire tender; Forklift (under 20 ft.); Generator;
Gunite/shotcrete equipment operator; Hydraulic monitor; Ken seal machine (or similar); Mixermobile; Oiler; Pump
operator; Refrigeration plant; Reservoir-debris tug (self- propelled floating); Ross Carrier (construction site);
Rotomist operator; Self-propelled tape machine; Shuttlecar; Self-propelled power sweeper operator (includes vacuum
sweeper); Slusher operator; Surface heater; Switchperson; Tar pot firetender; Tugger hoist, single drum; Vacuum
cooling plant; Welding machine (powered other than by
electricity)
GROUP 8-A: Elevator operator; Skidsteer loader-Bobcat 743 series or smaller, and similar (without attachments); Mini excavator under 25 H.P. (backhoe-trencher); Tub grinder wood chipper
----------------------------------------------------------

ALL CRANES AND ATTACHMENTS
GROUP 1: Clamshell and dragline over 7 cu. yds.; Crane, over 100 tons; Derrick, over 100 tons; Derrick barge
pedestal-mounted, over 100 tons; Self-propelled boom-type lifting device, over 100 tons
GROUP 2: Clamshell and dragline over 1 cu. yd. up to and including 7 cu. yds.; Crane, over 45 tons up to and
including 100 tons; Derrick barge, 100 tons and under;
Self-propelled boom-type lifting device, over 45 tons;
Tower crane
GROUP 3: Clamshell and dragline up to and including 1 cu. yd.; Cranes 45 tons and under; Self-propelled boom-type lifting device 45 tons and under;
GROUP 4: Boom Truck or dual purpose A-frame truck,
non-rotating over 15 tons; Truck-mounted rotating
telescopic boom type lifting device, Manitex or similar (boom truck) over 15 tons; Truck-mounted rotating
telescopic boom type lifting device, Manitex or similar (boom truck) - under 15 tons;
-----------------------------------------------------------

PILEDRIVERS
GROUP 1: Derrick barge pedestal mounted over 100 tons;
Clamshell over 7 cu. yds.; Self-propelled boom-type lifting device over 100 tons; Truck crane or crawler, land or barge mounted over 100 tons
GROUP 2: Derrick barge pedestal mounted 45 tons to and
including 100 tons; Clamshell up to and including 7 cu. yds.; Self-propelled boom-type lifting device over 45 tons; Truck crane or crawler, land or barge mounted, over 45 tons up to and including 100 tons; Fundex F-12 hydraulic pile rig GROUP 3: Derrick barge pedestal mounted under 45 tons; Self- propelled boom-type lifting device 45 tons and under;
Skid/scow piledriver, any tonnage; Truck crane or crawler, land or barge mounted 45 tons and under
GROUP 4: Assistant operator in lieu of assistant to engineer;

EXHIBIT D

Page 52 of 131 ends

EXHIBIT 2
667
Forklift, 10 tons and over; Heavy-duty repairperson/welder GROUP 5: Deck engineer
GROUP 6: Deckhand; Fire tender
-------------------------------------------------------------

STEEL ERECTORS
GROUP 1: Crane over 100 tons; Derrick over 100 tons; Self- propelled boom-type lifting device over 100 tons
GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100 tons; Self-propelled boom-type lifting device over 45 tons to 100 tons; Tower crane
GROUP 3: Crane, 45 tons and under; Self-propelled boom-type lifting device, 45 tons and under
GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty repair person/welder
GROUP 5: Boom cat
-------------------------------------------------------------- --

TUNNEL AND UNDERGROUND WORK
GROUP 1-A: Tunnel bore machine operator, 20' diameter or more

GROUP 1: Heading shield operator; Heavy-duty repairperson; Mucking machine (rubber tired, rail or track type); Raised bore operator (tunnels); Tunnel mole bore operator
GROUP 2: Combination slusher and motor operator; Concrete pump or pumpcrete gun; Power jumbo operator
GROUP 3: Drill doctor; Mine or shaft hoist
GROUP 4: Combination slurry mixer cleaner; Grouting Machine operator; Motorman
GROUP 5: Bit Sharpener; Brakeman; Combination mixer and compressor (gunite); Compressor operator; Oiler; Pump
operator; Slusher operator
----------------------------------------------------------- AREA DESCRIPTIONS:

POWER EQUIPMENT OPERATORS, CRANES AND ATTACHMENTS,TUNNEL AND UNDERGROUND [These areas do not apply to Piledrivers and Steel Erectors]
AREA 1: ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS,

MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN

FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ,

STANISLAUS, TUOLUMNE
AREA 2 -NOTED BELOW
THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW:

EXHIBIT D

Page 53 of 131 ends

EXHIBIT 2
668
CALAVERAS COUNTY:

Area 1: Remainder
Area 2: Eastern Part
FRESNO COUNTY:

Area 1: Remainder
Area 2: Eastern Part
MADERA COUNTY:

Area 1: Remainder
Area 2: Eastern Part
MARIPOSA COUNTY:

Area 1: Remainder
Area 2: Eastern Part
MONTEREY COUNTY:

Area 1: Remainder
Area 2: Southwestern part
TUOLUMNE COUNTY:

Area 1: Remainder
Area 2: Eastern Part
---------------------------------------------------------------- ENGI0003-008 07/20/2020
Rates Fringes
Dredging: (DREDGING:

CLAMSHELL & DIPPER DREDGING;
HYDRAULIC SUCTION DREDGING:)
AREA 1:
(1) Leverman...............$ 49.88 34.35
(2) Dredge Dozer; Heavy
duty repairman.............$ 44.92 34.35
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator...................$ 43.80 34.35
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 40.50 34.35
AREA 2:
(1) Leverman...............$ 51.88 34.35
(2) Dredge Dozer; Heavy
duty repairman.............$ 46.92 34.35
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator...................$ 45.80 34.35
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 42.50 34.35

AREA DESCRIPTIONS
AREA 1: ALAMEDA,BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED,

NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN,

SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS,

SUTTER, YOLO, AND YUBA COUNTIES
AREA 2: MODOC COUNTY
THE REMAINGING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2

EXHIBIT D

Page 54 of 131 ends

EXHIBIT 2
669
AS NOTED BELOW:

ALPINE COUNTY:

Area 1: Northernmost part
Area 2: Remainder
CALAVERAS COUNTY:

Area 1: Remainder
Area 2: Eastern part
COLUSA COUNTY:

Area 1: Eastern part
Area 2: Remainder
ELDORADO COUNTY:

Area 1: North Central part
Area 2: Remainder

FRESNO COUNTY:

Area 1: Remainder
Area 2: Eastern part
GLENN COUNTY:

Area 1: Eastern part
Area 2: Remainder
LASSEN COUNTY:

Area 1: Western part along the Southern portion of border with Shasta County
Area 2: Remainder
MADERA COUNTY:

Area 1: Except Eastern part
Area 2: Eastern part

MARIPOSA COUNTY
Area 1: Except Eastern part
Area 2: Eastern part

MONTERREY COUNTY
Area 1: Except Southwestern part
Area 2: Southwestern part
NEVADA COUNTY:

Area 1: All but the Northern portion along the border of Sierra County
Area 2: Remainder
PLACER COUNTY:

Area 1: Al but the Central portion
Area 2: Remainder
PLUMAS COUNTY:

Area 1: Western portion
Area 2: Remainder
SHASTA COUNTY:

Area 1: All but the Northeastern corner
Area 2: Remainder
SIERRA COUNTY:

Area 1: Western part
Area 2: Remainder
SISKIYOU COUNTY:

EXHIBIT D

Page 55 of 131 ends

EXHIBIT 2
670
Area 1: Central part
Area 2: Remainder
SONOMA COUNTY:

Area 1: All but the Northwestern corner
Area 2: Remainder
TEHAMA COUNTY:

Area 1: All but the Western border with Mendocino & Trinity Counties
Area 2: Remainder
TRINITY COUNTY:

Area 1: East Central part and the Northeastern border with Shasta County
Area 2: Remainder
TUOLUMNE COUNTY:

Area 1: Except Eastern part
Area 2: Eastern part
---------------------------------------------------------------- ENGI0003-019 06/29/2020

SEE AREA DESCRIPTIONS BELOW
Rates Fringes
OPERATOR: Power Equipment
(LANDSCAPE WORK ONLY)
GROUP 1
AREA 1.....................$ 39.95 30.28
AREA 2.....................$ 41.95 30.28
GROUP 2
AREA 1.....................$ 36.35 30.28
AREA 2.....................$ 38.35 30.28
GROUP 3
AREA 1.....................$ 31.74 30.28
AREA 2.....................$ 33.74 30.28
GROUP DESCRIPTIONS:

GROUP 1: Landscape Finish Grade Operator: All finish grade work regardless of equipment used, and all equipment with a rating more than 65 HP.

GROUP 2: Landscape Operator up to 65 HP: All equipment with a manufacturer's rating of 65 HP or less except equipment covered by Group 1 or Group 3. The following equipment shall be included except when used for finish work as long as manufacturer's rating is 65 HP or less: A-Frame and
Winch Truck, Backhoe, Forklift, Hydragraphic Seeder
Machine, Roller, Rubber-Tired and Track Earthmoving
Equipment, Skiploader, Straw Blowers, and Trencher 31 HP up to 65 HP.

GROUP 3: Landscae Utility Operator: Small Rubber-Tired
Tractor, Trencher Under 31 HP.

AREA DESCRIPTIONS:

AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED,

NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN,

SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS,

SUTTER, YOLO, AND YUBA COUNTIES

EXHIBIT D

Page 56 of 131 ends

EXHIBIT 2
671
AREA 2 - MODOC COUNTY
THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW:

ALPINE COUNTY:

Area 1: Northernmost part
Area 2: Remainder
CALAVERAS COUNTY:

Area 1: Except Eastern part
Area 2: Eastern part
COLUSA COUNTY:

Area 1: Eastern part
Area 2: Remainder
DEL NORTE COUNTY:

Area 1: Extreme Southwestern corner
Area 2: Remainder
ELDORADO COUNTY:

Area 1: North Central part
Area 2: Remainder

FRESNO COUNTY
Area 1: Except Eastern part
Area 2: Eastern part
GLENN COUNTY:

Area 1: Eastern part
Area 2: Remainder
HUMBOLDT COUNTY:

Area 1: Except Eastern and Southwestern parts
Area 2: Remainder
LAKE COUNTY:

Area 1: Southern part
Area 2: Remainder
LASSEN COUNTY:

Area 1: Western part along the Southern portion of border with Shasta County
Area 2: Remainder

MADERA COUNTY
Area 1: Remainder
Area 2: Eastern part

MARIPOSA COUNTY
Area 1: Remainder
Area 2: Eastern part
MENDOCINO COUNTY:

Area 1: Central and Southeastern parts
Area 2: Remainder

MONTEREY COUNTY
Area 1: Remainder
Area 2: Southwestern part
NEVADA COUNTY:

Area 1: All but the Northern portion along the border of

EXHIBIT D

Page 57 of 131 ends

EXHIBIT 2
672
Sierra County
Area 2: Remainder
PLACER COUNTY:

Area 1: All but the Central portion
Area 2: Remainder
PLUMAS COUNTY:

Area 1: Western portion
Area 2: Remainder
SHASTA COUNTY:

Area 1: All but the Northeastern corner
Area 2: Remainder
SIERRA COUNTY:

Area 1: Western part
Area 2: Remainder
SISKIYOU COUNTY:

Area 1: Central part
Area 2: Remainder
SONOMA COUNTY:

Area 1: All but the Northwestern corner
Area 2: Reaminder
TEHAMA COUNTY:

Area 1: All but the Western border with mendocino & Trinity Counties
Area 2: Remainder
TRINITY COUNTY:

Area 1: East Central part and the Northeaster border with Shasta County
Area 2: Remainder
TULARE COUNTY;
Area 1: Remainder
Area 2: Eastern part
TUOLUMNE COUNTY:

Area 1: Remainder
Area 2: Eastern Part
---------------------------------------------------------------- IRON0377-001 07/01/2020

ALAMEDA, CONTRA COSTA, SAN MATEO, SANTA CLARA & SAN FRANCISCO

COUNTIES
Rates Fringes
Ironworkers:

Fence Erector...............$ 34.58 24.81
Ornamental, Reinforcing
and Structural..............$ 42.50 33.45
PREMIUM PAY:
$6.00 additional per hour at the following locations:

China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,

EXHIBIT D

Page 58 of 131 ends

EXHIBIT 2
673
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations:

Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:

Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- IRON0433-005 07/01/2020

REMAINING COUNTIES
Rates Fringes

IRONWORKER
Fence Erector...............$ 34.58 24.81
Ornamental, Reinforcing
and Structural..............$ 41.00 33.45
PREMIUM PAY:
$6.00 additional per hour at the following locations:

China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations:

Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:

Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0067-002 06/28/2021
AREA ""A"" - ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND

SANTA CLARA COUNTIES
AREA ""B"" - CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA,

MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, STANISLAUS, AND

TUOLUMNE COUNTIES
Rates Fringes
Asbestos Removal Laborer
All Counties................$ 26.05 12.75

EXHIBIT D

Page 59 of 131 ends

EXHIBIT 2
674
LABORER (Lead Removal)
Area A......................$ 34.37 25.95
Area B......................$ 33.37 25.95
ASBESTOS REMOVAL-SCOPE OF WORK: Site mobilization; initial site clean-up; site preparation; removal of
asbestos-containing materials from walls and ceilings; or from pipes, boilers and mechanical systems only if they are being scrapped; encapsulation, enclosure and disposal of asbestos-containing materials by hand or with equipment or machinery; scaffolding; fabrication of temporary wooden barriers; and assembly of decontamination stations.
---------------------------------------------------------------- LABO0073-002 06/28/2021

CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes

LABORER (TRAFFIC CONTROL/LANE

CLOSURE)
Escort Driver, Flag Person..$ 33.48 26.21
Traffic Control Person I....$ 33.78 26.21
Traffic Control Person II...$ 31.28 26.21
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.

TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
---------------------------------------------------------------- LABO0073-003 07/01/2021

SAN JOAQUIN COUNTY
Rates Fringes

LABORER
Mason Tender-Brick..........$ 34.09 24.41
---------------------------------------------------------------- LABO0073-005 07/01/2021
Rates Fringes
Tunnel and Shaft Laborers:

GROUP 1.....................$ 42.00 25.71
GROUP 2.....................$ 41.77 25.71
GROUP 3.....................$ 41.52 25.71
GROUP 4.....................$ 41.07 25.71
GROUP 5.....................$ 40.53 25.71
Shotcrete Specialist........$ 42.52 25.71

EXHIBIT D

Page 60 of 131 ends

EXHIBIT 2
675
in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO0073-007 06/25/2018

CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes

LABORER (CONSTRUCTION CRAFT

LABORERS)
Construction Specialist
Group.......................$ 30.49 23.20
GROUP 1.....................$ 29.79 23.20
GROUP 1-a...................$ 30.01 23.20
GROUP 1-c...................$ 29.84 23.20
GROUP 1-e...................$ 30.34 23.20
GROUP 1-f...................$ 30.37 23.20
GROUP 2.....................$ 29.64 23.20
GROUP 3.....................$ 29.54 23.20
GROUP 4.....................$ 23.23 23.20
See groups 1-b and 1-d under laborer classifications.

LABORER (GARDENERS,

HORTICULTURAL & LANDSCAPE

LABORERS)
(1) New Construction........$ 29.54 23.20
(2) Establishment Warranty
Period......................$ 23.23 23.20

LABORER (GUNITE)
GROUP 1.....................$ 29.75 22.31
GROUP 2.....................$ 29.25 22.31
GROUP 3.....................$ 28.66 22.31
GROUP 4.....................$ 28.54 22.31

LABORER (WRECKING)
GROUP 1.....................$ 29.79 23.20
GROUP 2.....................$ 29.64 23.20
FOOTNOTES:

Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers
entitled to receive the wage rate set forth in Group 1-a below.
---------------------------------------------------------

LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work;

EXHIBIT D

Page 61 of 131 ends

EXHIBIT 2
676
Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small
trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement;
Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter;
Dri-pak-it machine; Faller, logloader and bucker; Form
raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying,
dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.

EXHIBIT D

Page 62 of 131 ends

EXHIBIT 2
677
covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed.

GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the
depth of the footing is unknown at the commencement of
excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception.

GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:

A: at demolition site for the salvage of the material.

B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.

C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.

The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"".
--------------------------------------------------------

GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural Nozzleman
GROUP 2: Nozzleman, Gunman, Potman, Groundman
GROUP 3: Reboundman

EXHIBIT D

Page 63 of 131 ends

EXHIBIT 2
678
GROUP 4: Gunite laborer
----------------------------------------------------------

WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building materials)
---------------------------------------------------------------- LABO0073-009 07/01/2021

CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
LABORER (Plaster Tender).........$ 35.82 28.45 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0261-003 06/28/2021

SAN FRANCISCO AND SAN MATEO COUNTIES
Rates Fringes

LABORER (TRAFFIC CONTROL/LANE

CLOSURE)
Escort Driver, Flag Person..$ 34.48 26.21
Traffic Control Person I....$ 34.78 26.21
Traffic Control Person II...$ 32.28 26.21
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.

SAN FRANCISCO AND SAN MATEO COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:

TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)

EXHIBIT D

Page 64 of 131 ends

EXHIBIT 2
679
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO0261-009 06/25/2018

SAN FRANCISCO, AND SAN MATEO COUNTIES
Rates Fringes

LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Group.......................$ 31.49 23.20
GROUP 1.....................$ 30.79 23.20
GROUP 1-a...................$ 31.01 23.20
GROUP 1-c...................$ 30.84 23.20
GROUP 1-e...................$ 31.34 23.20
GROUP 1-f...................$ 31.37 23.20
GROUP 2.....................$ 30.64 23.20
GROUP 3.....................$ 30.54 23.20
GROUP 4.....................$ 24.23 23.20
See groups 1-b and 1-d under laborer classifications.

LABORER (GARDENERS,

HORTICULTURAL & LANDSCAPE
LABORERS - AREA A:)
(1) New Construction........$ 30.54 23.20
(2) Establishment Warranty
Period......................$ 24.23 23.20
LABORER (WRECKING - AREA A:)
GROUP 1.....................$ 30.79 23.20
GROUP 2.....................$ 30.64 23.20
Laborers: (GUNITE - AREA A:)
GROUP 1.....................$ 30.75 22.31
GROUP 2.....................$ 30.25 22.31
GROUP 3.....................$ 29.66 22.31
GROUP 4.....................$ 29.54 22.31
FOOTNOTES:

LABORER CLASSIFICATIONS

EXHIBIT D

Page 65 of 131 ends

EXHIBIT 2
680
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small
trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement;
Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter;
Dri-pak-it machine; Faller, logloader and bucker; Form
raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying,
dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.

EXHIBIT D

Page 66 of 131 ends

EXHIBIT 2
681
.25 per hour above their regular rate for all work
performed on underground structures not specifically
covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed.

A: at demolition site for the salvage of the material.

B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.

C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.

GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural Nozzleman
GROUP 2: Nozzleman, Gunman, Potman, Groundman

EXHIBIT D

Page 67 of 131 ends

EXHIBIT 2
682
GROUP 3: Reboundman
GROUP 4: Gunite laborer
----------------------------------------------------------

Rates Fringes
MASON TENDER, BRICK..............$ 34.85 26.32 FOOTNOTES: Underground work such as sewers, manholes, catch basins, sewer pipes, telephone conduits, tunnels and cut trenches: $5.00 per day additional. Work in live sewage:
$2.50 per day additional.
---------------------------------------------------------------- LABO0261-014 07/01/2021
SAN FRANCISCO AND SAN MATEO COUNTIES:

Rates Fringes
PLASTER TENDER...................$ 38.28 29.43 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0270-003 06/28/2021
AREA A: SANTA CLARA
AREA B: MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes

LABORER (TRAFFIC CONTROL/LANE

CLOSURE)
Escort Driver, Flag Person
Area A.....................$ 34.48 26.21
Area B.....................$ 33.48 26.21
Traffic Control Person I
Area A.....................$ 34.78 26.21
Area B.....................$ 33.78 26.21
Traffic Control Person II
Area A.....................$ 32.28 26.21
Area B.....................$ 31.28 26.21
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.

TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash

EXHIBIT D

Page 68 of 131 ends

EXHIBIT 2
683
cushions.
---------------------------------------------------------------- LABO0270-004 07/01/2021

MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES Rates Fringes
Tunnel and Shaft Laborers:

TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO0270-005 07/01/2021

MONTEREY AND SAN BENITO COUNTIES
Rates Fringes

LABORER
Mason Tender-Brick..........$ 34.09 24.41
---------------------------------------------------------------- LABO0270-007 06/25/2018

MONTEREY, SAN BENITO, AND SANTA CRUZ, COUNTIES
Rates Fringes

LABORER (CONSTRUCTION CRAFT

LABORERS - AREA B)
Construction Specialist
Group.......................$ 30.40 23.20
GROUP 1.....................$ 29.79 23.20
GROUP 1-a...................$ 30.01 23.20

EXHIBIT D

Page 69 of 131 ends

EXHIBIT 2
684
GROUP 1-c...................$ 29.84 23.20
GROUP 1-e...................$ 30.34 23.20
GROUP 1-f...................$ 30.37 23.20
GROUP 2.....................$ 29.64 23.20
GROUP 3.....................$ 29.54 23.20
GROUP 4.....................$ 23.23 23.20
See groups 1-b and 1-d under laborer classifications.

LABORER (GARDENERS,

HORTICULTURAL & LANDSCAPE

LABORERS - AREA B)
(1) New Construction........$ 29.54 23.20
(2) Establishment Warranty
Period......................$ 23.23 23.20

LABORER (GUNITE - AREA B)
GROUP 1.....................$ 29.75 22.31
GROUP 2.....................$ 29.25 22.31
GROUP 3.....................$ 28.66 22.31
GROUP 4.....................$ 28.54 22.31

LABORER (WRECKING - AREA B)
GROUP 1.....................$ 29.79 23.20
GROUP 2.....................$ 29.64 23.20
FOOTNOTES:

LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small
trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement;
Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter;
Dri-pak-it machine; Faller, logloader and bucker; Form
raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying,
dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types

EXHIBIT D

Page 70 of 131 ends

EXHIBIT 2
685
(except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.

GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work
performed on underground structures not specifically
covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed.

EXHIBIT D

Page 71 of 131 ends

EXHIBIT 2
686
inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:

A: at demolition site for the salvage of the material.

B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.

C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.

GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural Nozzleman
GROUP 2: Nozzleman, Gunman, Potman, Groundman
GROUP 3: Reboundman
GROUP 4: Gunite laborer
----------------------------------------------------------

SANTA CLARA COUNTY
Rates Fringes

LABORER (CONSTRUCTION CRAFT
LABORERS - AREA A:)
Construction Specialist
Group.......................$ 31.49 23.20
GROUP 1.....................$ 30.79 23.20
GROUP 1-a...................$ 31.01 23.20
GROUP 1-c...................$ 30.84 23.20
GROUP 1-e...................$ 31.34 23.20
GROUP 1-f...................$ 30.37 23.20
GROUP 2.....................$ 30.64 23.20

EXHIBIT D

Page 72 of 131 ends

EXHIBIT 2
687
GROUP 3.....................$ 30.54 23.20
GROUP 4.....................$ 24.23 23.20
See groups 1-b and 1-d under laborer classifications.

LABORER (GARDENERS,

HORTICULTURAL & LANDSCAPE
LABORERS - AREA A:)
(1) New Construction........$ 30.54 23.20
(2) Establishment Warranty
Period......................$ 24.23 23.20
LABORER (GUNITE - AREA A:)
GROUP 1.....................$ 30.75 22.31
GROUP 2.....................$ 30.25 22.31
GROUP 3.....................$ 29.66 22.31
GROUP 4.....................$ 29.54 22.31
LABORER (WRECKING - AREA A:)
GROUP 1.....................$ 30.79 23.20
GROUP 2.....................$ 30.64 23.20
FOOTNOTES:

EXHIBIT D

Page 73 of 131 ends

EXHIBIT 2
688
chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.

EXHIBIT D

Page 74 of 131 ends

EXHIBIT 2
689
Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:

A: at demolition site for the salvage of the material.

B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.

C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.

MONTEREY, SAN BENITO, SANTA CRUZ, SANTA CLARA COUNTIES
Rates Fringes
LABORER (Plaster Tender).........$ 34.70 21.22 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO0294-001 07/01/2020

FRESNO, KINGS AND MADERA COUNTIES
Rates Fringes
LABORER (Brick)
Mason Tender-Brick..........$ 32.84 23.71
---------------------------------------------------------------- LABO0294-002 06/28/2021

EXHIBIT D

Page 75 of 131 ends

EXHIBIT 2
690

FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes

LABORER (TRAFFIC CONTROL/LANE

FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:

FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes

EXHIBIT D

Page 76 of 131 ends

EXHIBIT 2
691

LABORER (CONSTRUCTION CRAFT
LABORERS - AREA B:)
Construction Specialist
Group.......................$ 30.49 23.20
GROUP 1.....................$ 29.79 23.20
GROUP 1-a...................$ 30.01 23.20
GROUP 1-c...................$ 29.84 23.20
GROUP 1-e...................$ 30.34 23.20
GROUP 1-f...................$ 30.37 23.20
GROUP 2.....................$ 29.64 23.20
GROUP 3.....................$ 29.54 23.20
GROUP 4.....................$ 23.23 23.20
See groups 1-b and 1-d under laborer classifications.

LABORER (GARDENERS,

HORTICULTURAL & LANDSCAPE
LABORERS - AREA B:)
(1) New Construction........$ 29.54 23.20
(2) Establishment Warranty
Period......................$ 23.23 23.20
LABORER (GUNITE - AREA B:)
GROUP 1.....................$ 29.75 22.31
GROUP 2.....................$ 29.25 22.31
GROUP 3.....................$ 28.66 22.31
GROUP 4.....................$ 28.54 22.31
LABORER (WRECKING - AREA B:)
GROUP 1.....................$ 29.79 23.20
GROUP 2.....................$ 29.64 23.20
FOOTNOTES:

EXHIBIT D

Page 77 of 131 ends

EXHIBIT 2
692
epoxyresin, fiberglass, mastic worker (wet or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.

EXHIBIT D

Page 78 of 131 ends

EXHIBIT 2
693
High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:

A: at demolition site for the salvage of the material.

B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.

C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.

CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN

JOAQUIN, STANISLAUS & TUOLUMNE
Rates Fringes
Plasterer tender.................$ 35.82 28.45

EXHIBIT D

Page 79 of 131 ends

City Council and Concurrent AuthoritiesApril 5, 2022

City Council and Concurrent Authorities
April 5, 2022