Agenda packet — City Council and Concurrent Authorities, April 4, 2023 (part 1 of 4)

City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - Final
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
4:00 PMTuesday, April 4, 2023
Closed Session 4:00 PM :: Regular Session 5:30 PM

1. CLOSED SESSION CALL TO ORDER/ROLL CALL

2. ADDITIONS TO CLOSED SESSION AGENDA

3. ANNOUNCEMENT OF CLOSED SESSION

3.1 23-0278

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Two
Name of Case: Kevin Brasley, et al. v. City Council of Stockton, et al. (United States District Court, Eastern District,
Case No. 2:20-CV-01967-JAM-CKD)
Name of Case: Kurt Wilson v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No.

STK-CV-UVM-2019-12404)
This Closed Session is authorized pursuant to section 54956.9(d) (1) of the Government Code.

Department: City Attorney

3.2 23-0300 CONFERENCE WITH LABOR NEGOTIATOR

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1 April 4, 2023City Council/Successor Agency to
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Meeting Agenda - Final
Recommended Action:

Agency Designated Representative: City Manager Harry Black Employee Organizations: Unrepresented Units, Stockton City Employees' Association, Operating Engineer's Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers' Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.

Department: City Attorney

3.3 23-0301 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Manager

This Closed Session is authorized pursuant to Government Code section 54957.

Department: City Attorney

3.4 23-0302 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Attorney

This Closed Session is authorized pursuant to Government Code section 54957.

Department: City Attorney

3.5 23-0305 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Clerk

This Closed Session is authorized pursuant to Government Code section 54957.

Department: City Attorney

3.6 23-0303 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: One
Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code section 54956.9(d)(2).

Department: City Attorney

4. CLOSED SESSION PUBLIC COMMENT*

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5. RECESS TO CLOSED SESSION

6. REGULAR SESSION CALL TO ORDER/ROLL CALL

7. INVOCATION/PLEDGE TO FLAG

8. REPORT OF ACTION TAKEN IN CLOSED SESSION

9. ADDITIONS TO REGULAR SESSION AGENDA***

10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

10.1 23-0350
PROCLAMATION: NATIONAL ANIMAL CARE AND CONTROL
APPRECIATION WEEK - APRIL 19-15, 2023
Department: Office of the Mayor

10.2 23-0351 PROCLAMATION/CERTIFICATE: NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK - APRIL 9-15, 2023
Department: Office of the Mayor

11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

12. CONSENT AGENDA

12.1 23-0312 ADOPT RESOLUTION TO ACCEPT A GRANT FROM THE FEDERAL

EMERGENCY MANAGEMENT AGENCY FOR THE PURCHASE OF

SELF-CONTAINED BREATHING APPARATUS

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3 April 4, 2023City Council/Successor Agency to
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Meeting Agenda - Final
Recommended Action:

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

1. Authorize the City Manager to accept a grant from the Federal Emergency Management Agency (FEMA) for the 2021 Assistance to Firefighters Grant in the amount of $687,272.72 for the replacement of 108 self-contained breathing apparatus (SCBA) systems.

2. Authorize the City Manager to appropriate $68,727.28 from the Measure W Public Safety Fund balance to cover the required 10 percent of federal fund local match for the replacement of 108 SCBA systems.

3. Authorize the City Manager to appropriate $121,580.80 from the Measure W Public Safety Fund balance for the replacement of 20 additional SCBA systems.

4. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

5. Approve the use of a California Department of General Services Contract No. 1-22-42-04 to provide the City access to preferential pricing of Scott brand SCBA from Allstar Fire Equipment, Inc.

6. Authorize the City Manager to execute a participating agreement in the amount of $877,580.80 with Allstar Fire Equipment, Inc. to purchase 128 SCBA systems.

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.

Department: Fire
Attachment A - Award Letter
Attachment B - Allstar Fire Equipment Agreement
Proposed Resolution
Attachments:

12.2 23-0317 APPROVE A MOTION AUTHORIZING A NON-EXCLUSIVE

PURCHASE AGREEMENT WITH ALLSTAR FIRE EQUIPMENT FOR

LION BRAND TURNOUTS AND RELATED PERSONAL

PROTECTIVE EQUIPMENT AND RATIFY THE EMERGENCY
PURCHASE OF 20 SETS OF LION TURNOUTS

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4 April 4, 2023City Council/Successor Agency to
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Meeting Agenda - Final
Recommended Action:

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

1. Approve findings and ratifying City Manager's approval of an emergency purchase order issued February 6, 2023, for the purchase of 20 sets of Lion turnouts for $87,766.80.

2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

3. Authorize the City Manager to execute a non-exclusive purchase agreement with Allstar Fire Equipment, Inc. for the purchase of Lion brand turnouts and related personal protective equipment. The agreement will be for an amount not to exceed $1,500,000.

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.

Department: Fire
Attachment A - Allstar Fire Equipment Inc. Agreement
Attachment B - Emergency Purchase Order 22303602
Attachments:

12.3 23-0209 APPROVE A MOTION TO INCREASE FUNDING FOR NATIONAL IPA

COOPERATIVE AGREEMENT FOR INFORMATION TECHNOLOGY

SOLUTIONS AND SERVICES
Recommended Action:

RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Add funding to the National IPA (NIPA) Cooperative Agreement Contract Number 2018011-01 approved by Council on March 10, 2020, Motion 2020-03-10-1401 with CDW Government LLC (CDW-G) for a term which ends on February 28, 2025, for Information Technology Solutions and Services from Dell Marketing L.P. for a total estimated additional amount of $2,060,000 and totaling $14,560,000 for the term of the contract (Attachment A); and

2. Authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of this motion.

Department: Information Technology
Attachment A - Amendment #3Attachments:

12.4 23-0257 APPROVE MOTION TO INCREASE EXPENDITURE AUTHORITY

FOR RADIO COMMUNICATIONS SYSTEM FOR ONE ADDITIONAL

YEAR OF MAINTENANCE, REPAIRS AND SUPPORT OF THE

CURRENT PUBLIC SAFETY RADIO SYSTEM WITH DELTA
WIRELESS, INC.

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Recommended Action:

RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Authorize the City Manager to spend a total estimated amount of $607,685 beginning July 1, 2023 through June 30, 2024 for public safety radio and infrastructure maintenance fees, non-covered repairs, and support services to Delta Wireless for the City's radio communication system;

2. Approve findings under Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bid process; and

3. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and the intent of this motion.

Department: Information Technology
Attachment A - Delta Wireless - Fire Adtran
Attachment B - Delta Wireless - Radio Maintenance
Attachment C - Delta Wireless Radio Amendment
Attachment D - Delta Wireless Certification Letter
Attachment E - Delta Wireless Quotes
Attachments:

12.5 23-0250 AWARD A CONSTRUCTION CONTRACT TO BLOCKA
CONSTRUCTION, INC. FOR THE SMITH CANAL SANITARY PUMP

STATION ODOR CONTROL UNIT REPLACEMENT AND AMEND THE
FISCAL YEAR 2022-23 ANNUAL BUDGET

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6 April 4, 2023City Council/Successor Agency to
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Recommended Action:

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

1. Approve the filing of Notice of Exemption No. NOE27-22 under the California Environmental Quality Act (CEQA) for the Smith Canal Sanitary Pump Station Odor Control Unit Replacement Project, Project No.

UW23021 (Exhibit 1 to the Resolution).

2. Approve the project Plans and Specifications for the Smith Canal Sanitary Pump Station Odor Control Unit Replacement Project, Project No. UW23021 (Exhibit 2 to the Resolution).

3. Award a $239,500.00 Construction Contract to Blocka Construction, Inc. of Pleasanton, CA, for the Smith Canal Sanitary Pump Station Odor Control Unit Replacement Project, Project No. UW23021 (Exhibit 3 to the Resolution).

4. Authorize the appropriation of Wastewater Utility funds in the amount of $60,000.00 from Fund Balance to Smith Canal Sanitary Pump Station Odor Control Unit Replacement, Project No. UW23021.

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

Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Plans and Specifications
Exhibit 3 - Construction Contract
Attachments:

12.6 23-0251 ADOPT A RESOLUTION TO AUTHORIZE CONTRACT AMENDMENT NO. 1 WITH LUHDORFF & SCALMANINI CONSULTING ENGINEERS
FOR ADDITIONAL SERVICES AT WATER WELL NO. 33
Recommended Action:

RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing Contract Amendment No. 1, in the amount of $52,250, with Luhdorff & Scalmanini Consulting Engineers for additional services at Water Well No. 33, Project No. UH22005.

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.

Department: Municipal Utilities

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Attachment A - LSCE Contract
Attachment B - LSCE Change Order Request
Proposed Resolution
Exhibit 1 - LSCE Contract Amendment No. 1
Attachments:

12.7 23-0252 ADOPT A RESOLUTION TO AUTHORIZE A FIVE-YEAR CONTRACT

WITH BEST ENVIRONMENTAL FOR COGENERATION SYSTEM

TESTING SERVICES
Recommended Action:

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

1. Approving the plans and specifications for the Request for Proposals for the Source Testing for the Stockton Regional Wastewater Control Facility (PUR 23-003).

2. Authorizing a five-year contract with Best Environmental of Livermore, California, to provide cogeneration engine system testing services for a total amount not-to-exceed $201,350.00.

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.

Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - PUR-23-003_SourceTesting-PlansandSpecs
Exhibit 2 - PUR-23-003_SourceTesting-Contract
Attachments:

12.8 23-0255 APPROVE MOTION TO ADOPT STANDARD AGREEMENT

AMENDMENT BETWEEN ALL CREATURES VETERINARY CLINIC
AND THE CITY OF STOCKTON IN THE AMOUNT OF $90,000
Recommended Action:

RECOMMENDATION
It is recommended that City Council approve a motion to:

1. Authorize the City Manager to approve the Standard Agreement Amendment No. 2 between All Creatures Veterinary Clinic (All Creatures) and the City of Stockton, increasing the Compensation subsection by a maximum not to exceed amount of $90,000.

2. It is further recommended that the City Manager be authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.

Department: Police
Attachment A - Amendment - Vet After Hours and EmergencyAttachments:

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12.9 23-0091
APPROVE MOTION TO AUTHORIZE THE SUBMITTAL OF DR.

MARTIN LUTHER KING JR. BOULEVARD RAIL AND ROADWAY

RECONSTRUCTION PROJECT TO THE SAN JOAQUIN COUNCIL
OF GOVERNMENTS FOR “ONE VOICE” PROJECT PRIORITY FOR
FEDERAL FISCAL YEAR 2023-2024
Recommended Action:

RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Authorize the submittal of Dr. Martin Luther King Jr. Boulevard Rail and Roadway Reconstruction project to the San Joaquin Council of Governments for proposed federal funding as part of the annual "One Voice" trip to Washington, D.C.

2. Authorize associated agreements and undertake actions to accept and receive the funding in the event that the funding request is successful, including any future amendments.

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.

Department: Public Works

12.10 23-0100 ADOPT RESOLUTION TO AUTHORIZE BALANCING CONTRACT CHANGE ORDER NO. 4, AND APPROPRIATE FUNDING FOR THE

ALEXANDRIA AND FIVE MILE SLOUGH CULVERT REPLACEMENT

PROJECT
Recommended Action:

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

1. Appropriate additional funds in the amount of $289,785 from the Measure K Maintenance fund balance to the Alexandria and Five Mile Slough Culvert Replacement, Project No. WT19018.

2. Authorize Balancing Construction Contract Change Order No. 4 in the amount of $289,785 with Sinclair General Engineering Construction, Inc. for the Alexandria and Five Mile Slough Culvert Replacement, Project No.

WT19018.

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.

Department: Public Works

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Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - BCCO 4
Attachments:

12.11 23-0133 APPROVE FINDINGS FOR EMERGENCY CONSTRUCTION FOR

THE REPAIRS OF VANDALIZED STREET LIGHTS CITYWIDE

PROJECT
Recommended Action:

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

1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

2. Appropriate additional funds in the amount of $517,810.52 from the Measure K Fund balance to the Fiscal Year 2022-23 Measure K Maintenance Fund.

3. Authorize Contract Change Order No. 1 in the amount of $253,235.52 with St. Francis Electric, LLC for the Repairs of Vandalized Street Lights Citywide, Project No. OM-23-055.

4. Approve payment in the amount of $517,810.52 to St. Francis Electric, LLC of San Leandro, CA, for the construction of Repairs of Vandalized Street Lights Citywide, Project No. OM-23-055.

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.

Department: Public Works
Attachment A - Contract - St. Francis Electric, LLC
Proposed Resolution
Exhibit 1 - Contract Change Order
Attachments:

13. ADMINISTRATIVE MATTERS

14. UNFINISHED BUSINESS

15. NEW BUSINESS

15.1 23-0342

UPDATE ON CLEAN CITY INITIATIVE
Recommended Action: RECOMMENDATION
Informational only. No action to be taken.

Department: Public Works

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10 April 4, 2023City Council/Successor Agency to
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Attachment A - 2022 CCI Closeout and 2023 Look Ahead
PPT - 15.1 - Update on Clean City Initiative
Attachments:

16. HEARINGS**

16.1 23-0073 ADOPT BY MOTION, THE 2022 GENERAL PLAN AND HOUSING

ELEMENT ANNUAL PROGRESS REPORTS AND AUTHORIZE THE

CITY MANAGER TO SUBMIT REPORTS TO THE STATE HOUSING

DEPARTMENTS TO COMPLY WITH STATE LAW
Recommended Action:

RECOMMENDATION
It is recommended that City Council adopt by motion the 2022 Annual Progress Reports (APRs) for the Envision Stockton 2040 General Plan and the 2015-2023 Housing Element and authorize the City Manager to submit reports to the State of California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR) as required by State Law.

Department: Community Development
Attachment A - 2040 General Plan Progress Report
Attachment B - 2015-2023 Housing Element Progress Report PPT 16.1 Housing Element Update
Attachments:

17. CITY MANAGER'S UPDATE

18. COUNCIL COMMENTS

19. ADJOURNMENT

INFORMATIONAL ITEMS

1. 23-0339

COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES
Recommended Action: RECOMMENDATION
Information item only. No action required.

Department: City Clerk
CICP 2022-10-12
CSC 2022-11-17
Leg 2022-10-19
PC 2022-10-27
PC 2022-12-08
Attachments:

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2. 23-0206
CIVIL SERVICE/EQUAL EMPLOYMENT COMMISSION’S 2022

ANNUAL REPORT
Recommended Action: RECOMMENDATION
Informational item only. No action is necessary.

Department: Human Resources
Attachment A - 2022 Annual Report
Attachment B - 2022 Attendance Roster
Attachments:

CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on March 29, 2023, in compliance with the Brown Act.

Eliza R. Garza, CMC
City Clerk
By: ________________________________

Deputy

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PUBLIC COMMENTS
*
Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, including items on the Agenda. Each speaker is limited to three minutes. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting.
**Speakers should hold comments on items listed as a Hearing until the Hearing is opened.

The City of Stockton invites public comments in multiple forms. You provide your comments by using one of these methods:

1. e-Comment - follow the e-comment link on the City's agenda page stockton.granicusideas.com/meetings

2. Email - you may email your comments to [email protected]

3. Voicemail - you can leave a voice message by dialing (209) 937-8459.

4. In-Person Comments - a) Speakers must submit "request to speak cards" to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. Please redirect any inquiries to [email protected]. b) Address only issues over which the meeting body has jurisdiction. c) Each speaker will be limited to one 3-minute comment opportunity. Donating time is not authorized. d) Your time will be displayed on the speaker podium for convenience. *
All written and voicemail public comments received by the Clerk's Office 90 minutes prior to the meeting start time will be forwarded to the meeting body members as correspondence and attached the minutes. All comments received after that time will be forwarded as correspondence the following business day. ***Additions to the Agenda - Government Code Section 54954.2(b)(2), allows members of the City Council present at the meeting to take immediate action, with either a two-thirds or unanimous vote, to place an item on the agenda that action must be taken and that the item came to the attention of the City subsequent to the agenda being posted.

All proceedings before this meeting body are conducted in English. The City of Stockton does not furnish language interpreters and, if one is needed, it shall be the responsibility of the person needing one.

In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are a person with a disability and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8458, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility.

Materials related to an item on this agenda submitted to City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 425 North El Dorado Street, Stockton, California 95202, during normal business hours. Such documents are also available on the City's website at www.stocktongov.com subject to staff's ability to post the documents before the meeting.

CHALLENGING CITY DECISIONS: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on

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which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

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Legislation Text
File #: 23-0350, Version: 1
PROCLAMATION: NATIONAL ANIMAL CARE AND CONTROL APPRECIATION WEEK - APRIL 19 -15, 2023
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15 City of Stockton
Legislation Text
File #: 23-0351, Version: 1
PROCLAMATION/CERTIFICATE: NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK - APRIL 9-15, 2023
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16 City of Stockton
Legislation Text
File #: 23-0312, Version: 1

ADOPT RESOLUTION TO ACCEPT A GRANT FROM THE FEDERAL EMERGENCY

MANAGEMENT AGENCY FOR THE PURCHASE OF SELF-CONTAINED BREATHING

APPARATUS

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

3. Authorize the City Manager to appropriate $121,580.80 from the Measure W Public Safety Fund balance for the replacement of 20 additional SCBA systems.

4. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

5. Approve the use of a California Department of General Services Contract No. 1-22-42-04 to provide the City access to preferential pricing of Scott brand SCBA from Allstar Fire Equipment, Inc.

6. Authorize the City Manager to execute a participating agreement in the amount of $877,580.80 with Allstar Fire Equipment, Inc. to purchase 128 SCBA systems.

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
Council approval is required to accept grant funding from the Federal Emergency Management Agency (FEMA) for the 2021 Assistance to Firefighters Grant (AFG). The purpose of the AFG Program is to enhance the safety of the public and firefighters with respect to fire and fire-related hazards. This grant funding opportunity is for the purchase self-contained breathing apparatus (SCBA).

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The Fire Department (SFD) has 128 SCBA, none of which are aligned with current National Fire Protection Association (NFPA) 1981 standards. NFPA 1981 specifies the minimum requirements for the design, performance, testing, and certification of SCBA. SFD requires SCBA to be worn in atmospheres immediately or potential hazardous to life, health or where hazardous atmospheres are suspected. SFD will procure NFPA 1981 compliant SCBA utilizing a California Department of General Services Agreement with Allstar Fire Equipment, Inc.

It is recommended that Council adopt a resolution authorizing the City Manager to accept a grant from FEMA (Attachment A), in the amount of $687,272.72, and authorize the City Manager to execute a participating agreement through California Department of General Services to purchase 128 SCBA from Allstar Fire Equipment, Inc., for a total amount of $877,580.80 (Attachment B).

DISCUSSION
Background
An SCBA is a device worn to provide breathable air in environments with oxygen deficiency, smoke, dangerous gases, and other airborne contaminants that may be otherwise unsafe to breathe. SFD uses this equipment daily to combat structure fires, hazardous materials incidents, and other calls where atmospheric stability is in question. SCBA are regulated by both Occupational Safety and Health Administration (OSHA) and The NFPA
SFD’s current SCBAs are not aligned with NFPA 1981 standards. Ninety-five of the SCBA are at least two safety cycles removed from compliance (2007 NFPA standards), with 25 SCBA being one cycle out of compliance (2013 NFPA standards). The remaining equipment is obsolete and no longer operationally viable. In addition, NFPA 1981 (2018) mandates the incorporation of common fittings on Emergency Breathing Safety Systems on all SCBA. The Universal Emergency Breathing Support System (UEBSS) allows SCBA units manufactured by different vendors to interconnect, allowing for greater margins of safety for firefighters as well as providing interoperability between agencies in large scale incidents. SFD’s SCBA do not meet this requirement. As such, SFD is unable to connect current SCBA with mutual aid partners or with any other agency utilizing UEBSS when dispatched to California OES emergency events.

On December 16, 2021, SFD submitted an application to the Department of Homeland Security Federal Emergency Management Agency’s 2021 Assistance to Firefighters Grant (AFG) Program to replace SFD’s outdated SCBAs.

In October 2022, SFD requested three (3) quotes for Scott brand SCBA. Since SFD personnel are trained using Scott SCBA, and SFD members act as service technicians to repair, maintain, and test SCBA, quotes were only solicited for Scott brand equipment. Allstar Fire Equipment (AFE) and MES are the only approved vendors for Scott SCBA systems in northern California. Two (2) quotes were requested from AFE, and one quote was requested from MES. AFE provided a quote using list pricing and a quote using California Department of General Services (DGS) pricing. Of the three (3) quotes received, AFE’s DGS pricing was approximately $130,000 less expensive than the other quotes. DGS entered into an Agreement with AFE on July 1, 2022. The contract expires June 30, 2025.

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Present Situation
SFD personnel currently repair, maintain, and test all Scott SCBA, removing the need for a third-party service technician. The continued use of Scott SCBA will allow SFD to oversee SCBA maintenance and testing, minimize downtime of damaged equipment in need of repair, as well as allow for the replacement of all non-compliant and obsolete equipment without requiring additional funds to be allocated for training on new SCBA systems. Additionally, maintaining continuity between SCBA systems will lessen the likelihood of operational interruptions during an emergency response brought upon by unfamiliar equipment.

On January 26, 2023, a sole brand justification for Scott SCBA was submitted to the Administrative Services Department (ASD). ASD’s Procurement Division reviewed and approved the sole brand justification as well as the use of the DGS Agreement. With Council’s approval, SFD will utilize an exception to the competitive bidding process and procure 128 SCBA systems including cylinders, facepieces, and voice amplifiers, replacing all non-compliant and obsolete equipment. All SCBAs will be equipped with UEBSS as required by NFPA 1981.

On March 15, 2023, SFD was notified by FEMA that the City of Stockton was awarded $687,272.72 in federal funds for the 2021 AFG to purchase 108 SCBA. The grant award has a 10 percent local fund match requirement, which equates to $68,727.28 for a total amount of $756,000.

The 2021 AFG application was for the replacement SFD’s entire SCBA inventory. However, FEMA limited the award to only the 108 SFD SCBA that are at least two (2) NFPA safety cycles removed and more than 10 years old. The remaining 20 SCBA are only one (1) NFPA safety cycle removed.

However, they will become obsolete with the new UEBSS systems and need to be replaced. SFD will utilize the 2021 AFG federal funds, required 10 percent City match, and Measure W funds to replace all 128 SCBA systems using California Department of General Services Contract No. 1-22-42 -04 for Scott brand SCBA from Allstar Fire Equipment, Inc. in an amount not to exceed $877,580.80.

Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:

1. SFD personnel currently repair, maintain, and test Scott SCBA systems removing the need for a third-party service.

2. California Department of General Services (DGS) established a purchase agreement pursuant to a competitive bidding process for Scott brand SCBAs.

3. The bid specification used by DGS has been assessed as compatible to City standards.

4. Taking advantage of the DGS agreement will save the administrative expense of City staff conducting a separate procurement.

5. The specifications for the equipment available through the DGS contract meet SFD requirements.

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19 File #: 23-0312, Version: 1

FINANCIAL SUMMARY
To meet the 10 percent local fund match requirement of the FEMA 2021 AFG, staff recommends the appropriation of $68,727.28 from the Measure W Public Safety Fire Fund Balance (200 Fund) to Fire Measure W capital equipment acquisition account no. 4020-000-800004-200-202-20-40-000-000- to cover the required 10 percent local fund match.

The grant amount breakdown is as follows:

Federal Share - $687,272.72
City match requirement (10% of federal fund local match) - $68,727.28 Total Grant Amount - $756,000.00
To complete the SCBA purchase, staff recommends an appropriation for the remaining $121,580.80 from the Measure W Public Safety Fire fund balance (200 Fund) to Fire Measure W capital equipment acquisition account no. 4020-000-800004-200-202-20-40-000-000-.

Funding breakdown:

Federal contribution - $687,272.72
City match requirement (10% of federal fund local match) - $68,727.28 Measure W Public Safety Fire Fund - $121,580.80
Total Funding - $877,580.80
With the acceptance of $687,272.72 for the FEMA 2021 AFG, the appropriation of $68,727.28 in federal fund grant match by the City, and $121,580.80 from the Measure W Public Safety Fire fund balance (200 Fund), there is sufficient funding available to purchase 128 SCBA from Allstar Fire Equipment Inc., for a total amount of $877,580.80.

Attachment A - FEMA Grant Award Letter
Attachment B - Allstar Fire Equipment Agreement
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20 Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Eﬀective date: 03/09/2023
Janice Machado

STOCKTON, CITY OF
425 NORTH EL DORADO STREET
STOCKTON, CA 95202
EMW-2021-FG-00268
Dear Janice Machado,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY) 2021 Assistance to Fireﬁghters Grant (AFG) Grant funding opportunity has been approved in the amount of $687,272.72 in Federal funding. As a condition of this grant, you are required to contribute non-Federal funds equal to or greater than 10.0% of the Federal funds awarded, or $68,727.28 for a total approved budget of $756,000.00. Please see the FY 2021 AFG Notice of Funding Opportunity for information on how to meet this cost share requirement.

Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award:

Summary Award Memo - included in this document
Agreement Articles - included in this document
Obligating Document - included in this document
2021 AFG Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your oﬃcial ﬁle for this award.

Sincerely,

PAMELA WILLIAMS
Assistant Administrator, Grant Programs

ATTACHMENT A
21 Summary Award Memo
Program: Fiscal Year 2021 Assistance to Fireﬁghters Grant Recipient: STOCKTON, CITY OF
UEI-EFT: YV3KNQAKJLQ7
DUNS number: 004680919
Award number: EMW-2021-FG-00268
Summary description of award
The purpose of the Assistance to Fireﬁghters Grant program is to protect the health and safety of the public and ﬁreﬁghting personnel against ﬁre and ﬁre-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Fireﬁghters Grant Program's purpose and was worthy of award.

Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2021 Assistance to Fireﬁghters Grants funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application.

Amount awarded table
The amount of the award is detailed in the attached Obligating Document for Award.

The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable):

ATTACHMENT A
22 Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justiﬁcations are provided for any diﬀerences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2021 AFG NOFO.

Approved request details:

Personal Protective Equipment (PPE)
Object Class Total
Personnel $0.00
Fringe beneﬁts $0.00
Travel $0.00
Equipment $756,000.00
Supplies $0.00
Contractual $0.00
Construction $0.00
Other $0.00
Indirect charges $0.00
Federal $687,272.72
Non-federal $68,727.28
Total $756,000.00
Program Income $0.00

ATTACHMENT A
23 SCBA: SCBA Unit includes: Harness/Backpack, Face Piece and 2 cylinders

DESCRIPTION
This line item is for the replacement of 108 current Stockton Fire SCBA units that are 2 NFPA cycles and more than 10 years old, as well as equipped with noncompliant Emergency Breathing Support System (EBSS) units that are noncompatible with Universal Emergency Breathing Support System (UEBSS) units. This line item will purchase 108 complete SCBA Systems (with only 1 cylinder versus the allowable 2 cylinders) that will include the following:
(1) Scott X3 PRO Air-pak. 4500psi with CGA Connection QD Regulator with Rectus Connector, Dual UEBSS (Buddy Breathing) , PASS w/Pak-tracker, With Standard Waist Belt. (1) 45 minute, Carbon Wrapped Cylinder with Valve, 4500psi (1) AV3000 HT Facepiece with Epic Voice Amp Bracket (1) Epic Voice Amp The price of $7,000 per unit is based on FEMA's 2020 fair market value of $6,000-$7,000 per SCBA unit and uses the higher end number to account for the anticipated 20%-30% price increase that vendors have indicated will happen in 2022.

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
EquipmentCost 1 108 $7,000.00 $756,000.00

ATTACHMENT A
24 SCBA: SCBA Unit includes: Harness/Backpack, Face Piece and 2 cylinders

DESCRIPTION
This line item is for the replacement of 22 current Stockton Fire SCBA units that are equipped with noncompliant Emergency Breathing Support System (EBSS) units that are noncompatible with Universal Emergency Breathing Support System (UEBSS) units and are therefore unsafe and will become obsolete with the purchase of any new UEBSS units. This line item will purchase 22 complete SCBA Systems (with only 1 cylinder versus the allowable 2 cylinders) that will include the following: (1) Scott X3 PRO Air-pak. 4500psi with CGA Connection QD Regulator with Rectus Connector, Dual UEBSS (Buddy Breathing) , PASS w/Pak-tracker, With Standard Waist Belt. (1) 45 minute, Carbon Wrapped Cylinder with Valve, 4500psi (1) AV3000 HT Facepiece with Epic Voice Amp Bracket (1) Epic Voice Amp The price of $7,000 per unit is based on FEMA's 2020 fair market value of $6,000-$7,000 per SCBA unit and uses the higher end number to account for the anticipated 20%-30% price increase that vendors have indicated will happen in 2022.

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
EquipmentCost 1 0 $7,000.00 $0.00

CHANGE FROM APPLICATION
Quantity from 22 to 0

JUSTIFICATION
This reduction is due to the relative prioritization of one or more of your items or projects.

ATTACHMENT A
25 Agreement Articles
Program: Fiscal Year 2021 Assistance to Fireﬁghters Grant Recipient: STOCKTON, CITY OF
UEI-EFT: YV3KNQAKJLQ7
DUNS number: 004680919
Award number: EMW-2021-FG-00268
Table of contents

ATTACHMENT A
26 Article
1 Assurances, Administrative Requirements, Cost Principles, Representations and Certiﬁcations
Article
2 General Acknowledgements and Assurances
Article
3 Acknowledgement of Federal Funding from DHS
Article
4 Activities Conducted Abroad
Article
5 Age Discrimination Act of 1975
Article
6 Americans with Disabilities Act of 1990
Article
7 Best Practices for Collection and Use of Personally Identiﬁable Information Article
8 Civil Rights Act of 1964 – Title VI
Article
9 Civil Rights Act of 1968
Article
10 Copyright
Article
11 Debarment and Suspension
Article
12 Drug-Free Workplace Regulations
Article
13 Duplication of Beneﬁts
Article
14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article
15 E.O. 14074 – Advancing Eﬀective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Article
16 Energy Policy and Conservation Act
Article
17 False Claims Act and Program Fraud Civil Remedies
Article
18 Federal Debt Status
Article
19 Federal Leadership on Reducing Text Messaging while Driving Article
20 Fly America Act of 1974
Article
21 Hotel and Motel Fire Safety Act of 1990
Article
22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article
23 Limited English Proﬁciency (Civil Rights Act of 1964, Title VI) Article
24 Lobbying Prohibitions
Article
25 National Environmental Policy Act

ATTACHMENT A
27 Article
26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article
27 Non-Supplanting Requirement
Article
28 Notice of Funding Opportunity Requirements
Article
29 Patents and Intellectual Property Rights
Article
30 Procurement of Recovered Materials
Article
31 Rehabilitation Act of 1973
Article
32 Reporting of Matters Related to Recipient Integrity and Performance Article
33 Reporting Subawards and Executive Compensation
Article
34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Article
35 SAFECOM
Article
36 Terrorist Financing
Article
37 Traﬃcking Victims Protection Act of 2000 (TVPA)
Article
38 Universal Identiﬁer and System of Award Management
Article
39 USA PATRIOT Act of 2001
Article
40 Use of DHS Seal, Logo and Flags
Article
41 Whistleblower Protection Act
Article
42 Environmental Planning and Historic Preservation (EHP) Review Article
43 Applicability of DHS Standard Terms and Conditions to Tribes Article
44 Acceptance of Post Award Changes
Article
45 Disposition of Equipment Acquired Under the Federal Award Article
46 Prior Approval for Modiﬁcation of Approved Budget
Article
47 Indirect Cost Rate
Article
48 Award Performance Goals

ATTACHMENT A
28 Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certiﬁcations
I. DHS ﬁnancial assistance recipients must complete either the Oﬃce of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS ﬁnancial assistance oﬃce (DHS FAO) may require applicants to certify additional assurances. Applicants are required to ﬁll out the assurances as instructed by the awarding agency. II.

DHS ﬁnancial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R.Part 3002. III.

By accepting this agreement, recipients, and their executives, as deﬁned in 2 C.F.R. § 170.315, certify that their policies are in accordance with OMB’s guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance.

ATTACHMENT A
29 Article 2 General Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staﬀ. I.

Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal ﬁnancial assistance award and permit access to facilities or personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS oﬃcials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as deﬁned in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of federal ﬁnancial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the ﬁrst award under which this term applies. Recipients of multiple awards of DHS ﬁnancial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made.

Recipients should submit the completed tool, including supporting materials, to [email protected]. This tool clariﬁes the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool | Homeland Security. The DHS Oﬃce for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identiﬁes steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to [email protected] prior to expiration of the 30-day deadline.

Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

Article 4 Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

ATTACHMENT A
30 Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codiﬁed as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal ﬁnancial assistance.

Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codiﬁed as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.

Article 7 Best Practices for Collection and Use of Personally Identiﬁable Information
Recipients who collect personally identiﬁable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS deﬁnes PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also ﬁnd the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.

Article 8 Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codiﬁed as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, 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. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.

Article 9 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, ﬁnancing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-ﬂoor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)

ATTACHMENT A
31 Article 10 Copyright
Recipients must aﬃx the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work ﬁrst produced under federal ﬁnancial assistance awards.

Article 11 Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal ﬁnancial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.

Article 12 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152- 5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).

Article 13 Duplication of Beneﬁts
Any cost allocable to a particular federal ﬁnancial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal ﬁnancial assistance awards to overcome fund deﬁciencies; to avoid restrictions imposed by federal statutes, regulations, or federal ﬁnancial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal ﬁnancial assistance award terms and conditions may not be charged to other federal ﬁnancial assistance awards to overcome fund deﬁciencies; to avoid restrictions imposed by federal statutes, regulations, or federal ﬁnancial assistance award terms and conditions; or for other reasons.

Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codiﬁed as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the beneﬁts of, or be subjected to discrimination under any educational program or activity receiving federal ﬁnancial assistance. DHS implementing regulations are codiﬁed at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.

ATTACHMENT A
32 Article 15 E.O. 14074 – Advancing Eﬀective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and eﬀective policing.

Article 16 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codiﬁed as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy eﬃciency that are deﬁned in the state energy conservation plan issued in compliance with this Act.

Article 17 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.)
Article 18 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and beneﬁt overpayments. (See OMB Circular A- 129.)
Article 19 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on oﬃcial government business or when performing any work for or on behalf of the Federal Government.

Article 20 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certiﬁcates under 49 U.S.C.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

ATTACHMENT A
33 Article 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the ﬁre prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a
Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons
Article 23 Limited English Proﬁciency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal ﬁnancial assistance take reasonable steps to provide meaningful access to persons with limited English proﬁciency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help- department- supported-organizations-provide-meaningful-access-people- limited and additional resources on http://www.lep.gov.

Article 24 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal ﬁnancial assistance award may be expended by the recipient to pay any person to inﬂuence, or attempt to inﬂuence an oﬃcer or employee of any agency, a Member of Congress, an oﬃcer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modiﬁcation.

Article 25 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codiﬁed as amended at 42 U.S.C. § 4321 et seq. and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulﬁll the social, economic, and other needs of present and future generations of Americans

ATTACHMENT A
34 Article 26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneﬁciaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs.

Article 27 Non-Supplanting Requirement
Recipients receiving federal ﬁnancial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

Article 28 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO.

Article 29 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the speciﬁc requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal ﬁnancial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

Article 30 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codiﬁed as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.

Article 31 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codiﬁed as amended at 29 U.S.C. § 794,) which provides that no otherwise qualiﬁed handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the beneﬁts of, or be subjected to discrimination under any program or activity receiving federal ﬁnancial assistance.

ATTACHMENT A
35 Article 32 Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements: If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R.

Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

Article 33 Reporting Subawards and Executive Compensation Reporting of ﬁrst tier subawards. Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions.

Article 34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Recipients must comply with the “Build America, Buy America” provisions of the Infrastructure Investment and Jobs Act and E.O. 14005. Recipients of an award of Federal ﬁnancial assistance from a program for infrastructure are hereby notiﬁed that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or aﬃxed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaﬀolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the ﬁnished infrastructure project but are not an integral part of the structure or permanently aﬃxed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements.

Information on the process for requesting a waiver from these requirements is on the website below. (a) When the federal agency has made a determination that one of the following exceptions applies, the awarding oﬃcial may waive the

ATTACHMENT A
36 application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in suﬃcient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing.

The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Oﬃce. There may be instances where an award qualiﬁes, in whole or in part, for an existing waiver described at “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. The awarding Component may provide speciﬁc instructions to Recipients of awards from infrastructure programs that are subject to the “Build America, Buy America” provisions. Recipients should refer to the Notice of Funding Opportunity for further information on the Buy America preference and waiver process.

Article 35 SAFECOM
Recipients receiving federal ﬁnancial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

Article 36 Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

Article 37 Traﬃcking Victims Protection Act of 2000 (TVPA) Traﬃcking in Persons. Recipients must comply with the requirements of the government-wide ﬁnancial assistance award term which implements Section 106 (g) of the Traﬃcking Victims Protection Act of 2000 (TVPA), codiﬁed as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference.

Article 38 Universal Identiﬁer and System of Award Management Requirements for System for Award Management and Unique Entity Identiﬁer Recipients are required to comply with the requirements set forth in the government-wide ﬁnancial assistance award term regarding the System for Award Management and Universal Identiﬁer Requirements located at 2 C.F.R.

Part 25, Appendix A, the full text of which is incorporated here by reference.

ATTACHMENT A
37 Article 39 USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

Article 40 Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of ﬂags or likenesses of DHS agency oﬃcials, including use of the United States Coast Guard seal, logo, crests or reproductions of ﬂags or likenesses of Coast Guard oﬃcials.

Article 41 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310.

Article 42 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal,state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. To access the FEMA EHP screening form and instructions, go to the DHS/FEMA website. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA.

ATTACHMENT A
38 Article 43 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and ﬂow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

Article 44 Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notiﬁed of the changes in writing. Once notiﬁcation has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK- [email protected] if you have any questions.

Article 45 Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state subrecipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state subrecipients must follow the disposition requirements in accordance with state laws and procedures.

ATTACHMENT A
39 Article 46 Prior Approval for Modiﬁcation of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Threfore, for awards with an approved budget where the federal share is greater than the simpliﬁed acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non-construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the ﬁrst Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval.

Article 47 Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award ﬁle.

Article 48 Award Performance Goals
FEMA will measure the recipient’s performance of the grant by comparing the number of items requested in its application, the numbers acquired (ordered, paid, and received) within the period of performance. In order to measure performance, FEMA may request information throughout the period of performance. In its ﬁnal performance report submitted at closeout, the recipient is required to report on the recipients compliance with the applicable industry, local, state and national standards described in the NOFO.

ATTACHMENT A
40 Obligating document

1.Agreement No.

EMW-2021-FG-
00268

2. Amendment
No.

N/A

3. Recipient
No.
946000436

4. Type of
Action
AWARD

5. Control No.

WX00794N2023T

6. Recipient Name and
Address

STOCKTON, CITY OF
400 E MAIN ST 4TH FL
STOCKTON, CA 95202

7. Issuing FEMA Oﬃce and
Address
Grant Programs Directorate
500 C Street, S.W.

Washington DC, 20528-7000
1-866-927-5646

8. Payment Oﬃce and
Address
FEMA, Financial Services
Branch
500 C Street, S.W., Room
723
Washington DC, 20742

9. Name of Recipient
Project Oﬃcer
Janice Machado
9a. Phone
No.
2096291834

10. Name of FEMA Project
Coordinator
Assistance to Fireﬁghters
Grant Program
10a.

Phone No.
1-866-274-
0960

11. Eﬀective Date of
This Action
03/09/2023

12. Method of
Payment

OTHER - FEMA
GO

13. Assistance
Arrangement

COST SHARING

14. Performance
Period
03/16/2023 to
03/15/2025
Budget Period
03/16/2023 to
03/15/2025

15. Description of Action a. (Indicate funding data for awards or ﬁnancial changes)
Program
Name
Abbreviation
Assistance
Listings
No.

Accounting
Data(ACCS
Code)
Prior
Total
Award
Amount
Awarded
This Action
+ or (-)
Current
Total
Award
Cumulative
Non-Federal
Commitment
AFG 97.044
2023-FD-
GB01 -
P410-xxxx-
4101-D
$0.00 $687,272.72 $687,272.72 $68,727.28
Totals $0.00 $687,272.72 $687,272.72 $68,727.28
b. To describe changes other than funding data or ﬁnancial changes, attach schedule and check here:

N/A

16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND
RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address)
This ﬁeld is not applicable for digitally signed grant agreements

ATTACHMENT A
41 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE

18. FEMA SIGNATORY OFFICIAL (Name and Title)
PAMELA WILLIAMS, Assistant Administrator, Grant Programs DATE
03/09/2023

ATTACHMENT A
42 $Cl!YOF
STOCKTO� COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:

1. Cooperative/Piggyback State of California, the Department of General Name: Services (DGS)

2. Contractor: Allstar Fire Equipment Inc

3. Cooperative Agency State of California, Department of General Agreement Name and Services, Contract Number 1-22-42-04.

Agreement Number:

4. Cooperative Agency Initial Start Date: July 1, 2022
Agreement Term: End Date: June 30, 2025

5. Cooperative Agency's Jp to three (3), one (1) year extensions.

Agreement-Options to
extend:

6. Cooperative Agency NA
Amended Term:

7. Cooperative Agency Up to three (3), one (1) year extensions.

Remaining Options to
Renew:

8. City of Stockton Start Date: Upon Execution
Cooperative Purchase End Date: June 30, 2025
Agreement Term:

9. City of Stockton Not to Exceed $877,580.80 for the term of the Cooperative/ Piggyback Agreement.

Purchase Agreement
Amount:

AGREEMENT
The City of Stockton, a California municipal corporation on behalf of itself and its associated entities ("City"), and the above-named Contractor ("Contractor"), do hereby agree that City shall be granted the pricing, terms, and conditions under the above referenced State of California Department of General Services, Contract Number 1-22-42-04. ("COOP") as such may be amended from time to time. The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City Cooperative/Piggyback Purchase Agreement ("Agreement").

Contractor shall grant such pricing, terms, and conditions to City for all procurements of goods and services, whether taking place on a City purchase order, purchasing card (credit card), or other purchasing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location. 1 /Rev 9.30.22)

ATTACHMENT B
43 1. Agreement Term: The Term of this Agreement shall remain in effect from date of the signing of this Agreement through June 30, 2025 unless terminated earlier by the City.

If the Cooperative/Piggyback Agency extends the COOP with Contractor by a written amendment, the City has the option to extend the term of this Agreement by written amendment not to go beyond the term stated in the COOP fully executed amendment.

2. Insurance and Hold Harmless: In addition to the pricing, terms and conditions stated in the COOP and the associated documents incorporated herein as Exhibit A, Contractor shall, at Contractor's sole cost and expense and for the full term of the Agreement or any extension thereof, obtain and maintain at least all the insurance requirements listed in attached Exhibit B.

To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.

3. Compensation: City and Contractor do hereby enter into this Agreement for Self Contained Breathing Apparatus (SCBA) available in the above-named COOP and associated documents incorporated herein as Exhibit A and referenced in the attached quote Exhibit C In no way, shall payment to the Contractor during the term of this Agreement exceed $877,580.80 for the purchase of SCBA. Any person signing this Agreement on behalf of City or Contractor does warrants that he or she has full authority to do so.

4. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.

5. Applicable Law. Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

6. Special Funding. If Special Funding is applicable, Exhibit D - Special Funding Terms & Conditions are incorporated herein.

7. Incorporated By Reference. California Department of General Services (DGS) Solicitation number 0000012518 and Contractor's bid response are attached hereto and hereby incorporated by reference and constitute part of the Agreement as if fully set forth herein. All solicitation and bid response documents are on file with the City's Procurement Division and available upon request.
2 (Rev. 9.30.22)

ATTACHMENT B
44 This Agreement may be amended only by a written amendment, consistent with the COOP, signed by Contractor and City.

CITY OF STOCKTON
Harry Black, City Manager
Date:. _______ _
ATTEST:

Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:

Lori Asuncion, City Attorney
Print name
/Rev 9 30 22)
('{\"4�)(.. 'Cl. Q�\:SaJOo�
Print name
Title: �oQ. C.:.\ �--�"' �N\��
[If Contractor is a corporation, signatures must
comply with Corporations Code §313]
By -----------
Signature
Title

ATTACHMENT B
45 EXHIBIT A

ATTACHMENT B
46 STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Mandatory Contract Number 1-22-42-04
Contract User Instructions *Supplement 2*
All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.

Supplement
Number
*2*
1 N/A

SUMMARY OF CHANGES
Description/Articles
*Subject contract for SCBA is hereby modified to
reflect the following changes:
► Front Page and Article 26: Update State
Contract Administrator information. *
Subject contract for SCBA is hereby modified to
reflect the following changes:
► Article #1 - Corrected the number of extension
options from two (2) to three (3)
Original Contract Posted
All other terms and conditions remain the same.

Page 2 ends

Supplement
Date
*11/17/2022*
08/30/2022
07/01/2022
*11 /1'7 /20 22*

ATTACHMENT B
47 STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Mandatory Contract Number 1-22-42-04
Contract User Instructions *Supplement 2*

TABLE OF CONTENTS

1. SCOPE ............................................................................................................................... 5

2. CONTRACT USAGE/RULES ............................................................................................. 5

3. DGS ADMINISTRATIVE FEES .......................................................................................... 6

4. SB/DVBE OFF-RAMP PROVISION ................................................................................... 6

5. EXEMPT PURCHASES ..................................................................................................... 6

6. PROBLEM RESOLUTION/SUPPLIER PERFORMANCE .................................................. 6

7. CONTRACT ITEMS ........................................................................................................... 7

8. SPECIFICATIONS ............................................................................................................. 7

9. CUSTOMER SERVICE ...................................................................................................... 7

10. PRODUCT SUBSTITUTIONS ............................................................................................ 7

11. PROMOTIONAL PRICING ................................................................................................. 8

12. PURCHASE EXECUTION ................................................................................................. 8

13. MINIMUM ORDER ............................................................................................................. 9

14. ORDERING PROCEDURE ................................................................................................ 9

15. ORDER ACCEPTANCE ..................................................................................................... 9

16. ORDER RECEIPT CONFIRMATION ............................................................................... 10

17. OUT OF STOCK REMEDY .............................................................................................. 10

18. DISCONTINUED ITEM REMEDY .................................................................................... 10

19. DELIVERY SCHEDULES ................................................................................................. 10

20. FREE ON BOARD (F.O.B.) DESTINATION ..................................................................... 11

21. SHIPPED ORDERS ......................................................................................................... 11

22. PACKING SLIP ................................................................................................................ 12

23. PACKING LABEL ............................................................................................................. 12

24. SAFETY DATA SHEET .................................................................................................... 12

25. INSPECTION AND ACCEPTANCE ................................................................................. 12

26. CONTRACT ADMINISTRATION ...................................................................................... 12

27. RETURN POLICY ............................................................................................................ 13

28. CREDIT POLICY .............................................................................................................. 13

29. RESTOCKING FEES ....................................................................................... ................ 13

30. INVOICING ...................................................................................................................... 14

31. PAYMENT ........................................................................................................................ 14

Page 3 ends

ATTACHMENT B
48 STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Mandatory Contract Number 1-22-42-04
Contract User Instructions *Supplement 2*

32. CAL-CARD INVOICING ................................................................................................... 15

33. CALIFORNIA SELLER'S PERMIT ................................................................................... 15

34. WARRANTY ..................................................................................................................... 16

35. QUALITY ASSURANCE GUARANTEES ......................................................................... 16

36. EQUIPMENT
REPLACEMENT DURING WARRANTY .................................................... 17

37. RECYCLED CONTENT ................................................................................................... 17

38. SB/DVBE PARTICIPATION ............................................................................................. 17

39. BIDDER DECLARATION/COMMERCIALLY USEFUL FUNCTION (CUF) ...................... 17

40. ATTACHMENTS .............................................................................................................. 17

Page 4 ends

ATTACHMENT B
49 STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION

1. SCOPE
Mandatory Contract Number 1-22-42-04
Contract User Instructions *Supplement 2*
The State's contract with Allstar Fire Equipment, Inc. (Contractor) provides Scott Safety Brand Self-Contained Breathing Apparatuses (SCBA) at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-22-42-04. The Contractor shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of SCBA to the State.

The
contract term is for three (3) years with an option to extend the contract for three (3) additional one year (1 year) period or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the Contractor and the State. If a mutual agreement cannot be met the contract will expire at the end of the current contract term.

2. CONTRACT USAGE/RULES
A. State Departments
• The use of this contract is mandatory for the State of California Department of Forestry and Fire Protection (CALFIRE).
• State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of
Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2, as applicable.
• Prior to placing orders against this contract, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State's statewide contracts may contact DGS-PD's Purchasing Authority Management Section by e-mail at [email protected].
• State departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department's fiscal office to obtain this information.

B. Local Governmental Agencies
• Local governmental agency use of this contract is optional. • Local government agencies are defined in Public Contract Code Chapter 2, Section 10298 (a) (b) and 10299 (b); this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds for the acquisition of products While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations.

Page 5 ends

ATTACHMENT B
50 STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Mandatory Contract Number 1-22-42-04
Contract User Instructions *Supplement 2*
• Local governmental agencies shall have the same rights and privileges as State departments under the terms of this contract. Any local governmental agencies desiring to participate shall be required to adhere to the same responsibilities as do State departments and have no authority to amend, modify or change any condition of the contract.
• A DGS issued billing code is not required for local governmental agencies to place orders against this contract.

Unless otherwise specified within this document, the term "ordering agencies" will refer to all State departments and/or local governmental agencies eligible to utilize this contract.

Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.

3. DGS ADMINISTRATIVE FEES
A. State Departments
The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.

Current fees are available online in the Price Book & Directory of Services (https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).

B. Local Governmental Agencies
For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to

1.25 percent of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the local governmental agency's purchase price, nor invoiced or charged to the local governmental agency. All prices quoted to local governmental agencies shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.

4. SB/DVBE OFF-RAMP PROVISION
There is no SB/DVBE off ramp associated with this contract.

5. EXEMPT PURCHASES
There are no exempt purchases associated with this contract.

6. PROBLEM RESOLUTION/SUPPLIER PERFORMANCE
Ordering agencies and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance,

Page 6 ends

ATTACHMENT B
51 STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Mandatory Contract Number 1-22-42-04
Contract User Instructions *Supplement 2*
outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).

7. CONTRACT ITEMS
The contract items are divided into two (2) different categories: Core Items, consisting of Systems, Components and Services; and Non-Core catalog. The Core Items are a fixed price and are listed in Attachment A, Contract Pricing. Non-Core Catalog items are discounted at 33 percent as listed in Attachment A, Contract Pricing.

Core Services include the following:
• Fit and Flow Testing
• Training
• Non-Warranty Maintenance

8. SPECIFICATIONS
All products listed on Attachment A, Contract Pricing, conform to Attachment B, CALFIRE SCBA Specification, dated 2-2022.

9. CUSTOMER SERVICE
Contractor will provide office and personnel resources for responding to requests, including telephone coverage weekdays during the hours of 8:00 AM through 5:00 PM (PT).

Contact Phone Email
Rene Reyes (800) 425-5787 S. Cal [email protected]
Mark Preisendorf (800) 200-2334 N. Cal [email protected]

10. PRODUCT SUBSTITUTIONS
Products and configurations meeting or exceeding the category requirements shall be available throughout the duration of the contract term. The contract provides for technology refresh as models are discontinued or cease production and must be approved by the State Contract Administrator. These changes will be made in the form of a contract supplement and will not be effective until the supplement's release.

The Contractor shall not substitute products or configurations or modify catalog information without written approval from the State Contract Administrator.

The Contractor will maintain the contract discount as bid throughout the original term of the contract and any extensions, including upon approved substitution.

If no substitute product is available that meets or exceeds the specifications due to fundamental technology or market change, the State may alter the common configurations

Page 7 ends

ATTACHMENT B
52 STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Mandatory Contract Number 1-22-42-04
Contract User Instructions *Supplement 2*
to meet the updated marketplace standards. Obsolescence of a configuration may be determined at the discretion of the State.

Items with the same model number or SKU available elsewhere on the contract shall be made available to the State at the highest discount.

11. PROMOTIONAL PRICING
Contractor shall immediately notify the State Contract Administrator of all manufacturer's price declines and ordering agencies shall receive full benefit of such declines.

12. PURCHASE EXECUTION
A. State Departments
1) Std. 65 Purchase Documents
State departments not transacting in Fl$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site ( https :/ /www. dgsa pps. dg s. ca. gov/osp/StatewideF o rms Web/Forms. aspx) (select STD Forms).

All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
• Agency Order Number (Purchase Order Number)
• Ordering Agency Name
• Agency Billing Code
• Purchasing Authority Number
• Leveraged Procurement Number (Contract Number)
• Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)
• Line-Item number
• Quantity
• Unit of Measure
• Commodity Code Number
• Product Description
• Unit Price
• Extension Price
2) Fl$CAL Purchase Documents
State departments transacting in Fl$CAL will follow the Fl$CAL procurement and contracting procedures.
3) Blanket Orders
The use of blanket purchase orders against this statewide contract is not allowed.

Page 8 ends

ATTACHMENT B
53 STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Mandatory Contract Number 1-22-42-04
Contract User Instructions *Supplement 2*
B. Local Governmental Agencies
Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number and Billing Code which are used by State departments only).

13. MINIMUM ORDER
There is no minimum order for this contract.

14. ORDERING PROCEDURE
Ordering agencies are to submit appropriate purchase documents directly to the Contractor via one of the following ordering methods:
• U.S. Mail
• Facsimile
• Email
The Contractor's Order Placement Information is as follows:

ORDER PLACEMENT INFORMATION
U.S. Mail:

Allstar Fire Equipment,
Inc.
2552 Barrington Court Facsimile: Email:

Hayward, CA 94545 (510) 887-6298 [email protected]
OR
328 Lower Azusa Rd. (626) 652-0920 [email protected] Arcadia, CA 91006
When using any of the ordering methods specified above, all State departments must conform to proper State procedures.

15. ORDER ACCEPTANCE
The Contractor shall accept orders from any ordering agency. The Contractor shall not accept purchase documents for this contract that:
• Are incomplete
• Contain non-contract items
• Contain non-contract terms and conditions

Page 9 ends

ATTACHMENT B
54 STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Mandatory Contract Number 1-22-42-04
Contract User Instructions *Supplement 2*
The Contractor must not refuse to accept orders from any ordering agency for any other reason without written authorization from the State Contract Administrator.

16. ORDER RECEIPT CONFIRMATION
The Contractor will provide ordering agencies with an email or facsimile order receipt confirmation within one (1) business day of receipt of purchase document. The Order Receipt Confirmation shall include the following information:
• Contractor's order number
• Ordering Agency name
• Agency order number (purchase order number)
• Description of Goods
• Purchase order total cost
• Anticipated delivery date
• Identification of any out of stock/discontinued items

17. OUT OF STOCK REMEDY
Upon receipt of an order acknowledgment identifying out of stock items, the ordering agencies shall have the following options:
• Request a back order
• Cancel the item from the order with no penalty
The Contractor will provide notification to the ordering agencies regarding out-of-stock items which have been back ordered.

Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products.

18. DISCONTINUED ITEM REMEDY
Upon receipt of an order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:
• Amend purchase document to reflect State-approved substitute item (per Article #1 O, Product Substitutions)
• Cancel the item from the order
Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products without approval from the State Contract Administrator.

19. DELIVERY SCHEDULES
Delivery for orders placed against this contract shall be in accordance with the following:

Page 10 ends

ATTACHMENT B
55 STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
A. Locations
Mandatory Contract Number 1-22-42-04
Contract User Instructions *Supplement 2*
Deliveries are to be made (statewide) to the location specified on the individual purchase order, which may include, but not limited to inside buildings, high-rise office buildings, and receiving docks.

B. Schedule
Delivery of ordered product shall be completed in full within thirty (30) calendar days after receipt of an order (ARO). Since receiving hours for each ordering agency will vary by facility, it will be the Contractor's responsibility to check with each ordering agency for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within twelve (12) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Receipt Confirmation.

The Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM PT.

C. Security Requirements
Deliveries may be made to locations inside secure grounds that require prior clearances or special entry procedures for delivery drivers.

Security procedures may vary from facility to facility. The Contractor will be responsible for contacting the secure location for security procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.

Deliveries that are delayed due to drivers not being cleared to enter secure grounds may be cause for contract default.

20. FREE ON BOARD (F.O.B.) DESTINATION
All prices are F.O.B. destination, freight prepaid by the Contractor, to the ordering agency's receiving point. Responsibility and liability for loss or damage for all orders will remain with the Contractor until final inspection and acceptance, when all responsibility will pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.

21. SHIPPED ORDERS
All shipments shall be in accordance with the General Provisions, Article #12 entitled "Packing and Shipment".

Page 11 ends

ATTACHMENT B
56 STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Mandatory Contract Number 1-22-42-04
Contract User Instructions *Supplement 2*

22. PACKING SLIP
Packing slip requirements shall be in accordance with the General Provisions, Article #12 entitled "Packing and Shipment".

23. PACKING LABEL
A packing label will also be included with each order shipped and include the following items, visible on the outside of the box:
• Ordering agency name
• Delivery address, unit, and/or floor
• Department and floor
• Ordering agency's contact name
• Ordering agency telephone number

24. SAFETY DATA SHEET
The Contractor shall provide a Safety Data Sheet for product(s) subject to Title 8 of the California Code of Regulations, Section 5194, Hazard Communication. The Safety Data Sheet is to be prepared and delivered in accordance with this Section.

25. INSPECTION AND ACCEPTANCE
In accordance with the General Provisions, rejection of deliverables must be processed within thirty (30) days of delivery, or it shall be deemed as accepted by the State.

26. CONTRACT ADMINISTRATION
Both the State and the Contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues.

Administrator
Information
Contact
Name:

Telephone:

Facsimile:

Email:

Address:

DGS-PD
*Frank Martin*
*(279) 946-8035*
Un-41:\ ?"7"" A�"1] 1·, - • -, - - - -
*Frank.Martin(@dgs.ca.gov*
DGS/Procurement Division
Attn: *Frank Martin*
707 Third Street, 2nd Floor, MS
201
West Sacramento, CA 95605

Page 12 ends

Contractor's Name
Alex Bunker
(510) 714-5604
(510) 887-6298
[email protected]
All Star Fire Equipment, Inc.

Attn: Alex Bunker
2552 Barrington Court
Hayward, CA 94545
*11/17/2022*
I-

ATTACHMENT B
57 STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION

27. RETURN POLICY
Mandatory Contract Number 1-22-42-04
Contract User Instructions *Supplement 2*
The Contractor will accept all products for return at no cost to the ordering agency within thiry (30) calendar days of delivery and refund the customer in full.

Products returned should be in the packaging as delivered and include all documentation.

Lost or damaged packaging materials and/or documentation shall be supplied by the Contractor. The Contractor shall not charge for these materials in excess of the Contractor's cost or the 10 percent restocking fee, whichever is lower. The Contractor shall provide the State Contract Administrator and/or ordering agency a copy of the Contractor's material cost, if requested, within ten (10) days of request.

All returns shall be picked up within seven (7) working days of notification. Notification is defined as notice in writing, by facsimile, or e-mail.

28. CREDIT POLICY
The Contractor shall offer a credit/refund for the following items:
• Items shipped in error
• Items that are returned within thirty (30) calendar days of delivery • Defective or freight-damaged items
In all cases, the ordering agency shall have the option of taking an exchange or receiving a credit or receiving a refund.

The Contractor will be responsible for the credit or replacement of all products, including those covered by manufacturer warranties. The Contractor cannot require the ordering agency to deal directly with the manufacturer.

29. RESTOCKING FEES
The Contractor will not impose a restocking fee on the ordering agency for the following situations:
• Items returned that were damaged upon receipt
• Incorrect items shipped
• Items that are returned within thirty (30) calendar days of delivery • Items that are returned, but exchanged for other items within thirty (30) calendar days Re-stocking fees for all other reasons shall be 10 percent of the value of the items to be re-stocked.

The packaging and documentation provisions in accordance with Article #27, Return Policy, shall apply to re-stocked items.

Page 13 ends

I-

ATTACHMENT B
58 STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Mandatory Contract Number 1-22-42-04
Contract User Instructions *Supplement 2*
The Contractor will not be required to accept returns more than sixty (60) days after delivery. The ordering agency will be responsible for return transportation costs to the Contractor if so, accepted after sixty (60) days after delivery.

30. INVOICING
Ordering agencies may require separate invoicing, as specified by each ordering agency.

Invoices will contain the following information:
• Contractor's name, address, and telephone number
• Leveraged Procurement Agreement Number (Contract Number) • Agency order number (purchase order number)
• Date ordered
• Date delivered
• Delivery address of the order
• Item and commodity code number
• Product(s) description
• Quantity purchased
• Contract price and extension
• State sales and/or use tax
• Prompt payment discounts/cash discounts, if applicable • Totals for each order

31. PAYMENT
A. Terms
Payment terms for this contract are net forty-five (45) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.

B. CAL-Card Use
State departments may use the CAL-Card for the payment of invoices. Use of the CAL-Card requires the execution of a Purchasing Authority Purchase Order (Std. 65) in accordance with Article #12, Purchase Execution and must include all required documentation applicable to the purchase.

The CAL-Card is a payment mechanism, not a procurement approach and, therefore, does not relieve State departments from adhering to all procurement laws, regulations, policies, procedures, and best practices, including those discussed in the State

Page 14 ends

ATTACHMENT B
59 STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Mandatory Contract Number 1-22-42-04
Contract User Instructions *Supplement 2*
Contracting Manual (SCM) Volume 2. This includes but is not limited to the application of all sales and use tax laws, rules, and policies as applicable to the purchase.

C. State Financial Marketplace
State departments reserve the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State department and the State department will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.

D. Payee Data Record
Each State department's accounting office must have a copy of the Contractor's Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the Contractor for copies of the Payee Data Record.

32. CAL-CARD INVOICING
All CAL-Card invoices are to be processed separately from other payment methods and include the elements identified in Article #30, Invoicing. CAL-Card invoices shall be submitted to the CAL-Card account holder. The total invoice amount for each CAL-Card order must reflect a zero (0) balance due or credit, if applicable, and state "paid by CAL Card".

This website contains additional information regarding DGS-PD's CAL-Card program (https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List Folder/Enroll-in-CAL-Card-Program-for-Government-Entities).

33. CALIFORNIA SELLER'S PERMIT
The California seller permit number for the Contractor is listed below. Ordering Agencies can verify that permits are currently valid at the following website: www.cdtfa.ca.gov.

State departments must adhere to the file documentation identified in the State Contracting Manual Volume 2.

Contractor Name Seller Permit#
Allstar Fire Equipment 17-806064

Page 15 ends

ATTACHMENT B
60 STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION

34. WARRANTY
Mandatory Contract Number 1-22-42-04
Contract User Instructions *Supplement 2*
The Contractor must honor all manufacturers' warranties and guarantees for a period of fifteen (15) years (180 months) from the date of acceptance on all products offered as part of this contract. The Contractor shall bear all material and labor costs for repair of equipment defects and failure. The bid price cost shall include the manufacturer's warranty cost.

During the warranty period, the Contractor must:
• Honor all manufacturers' warranties and guarantees on all products offered through the contract.
• Continue to provide warranty service after contract termination until expiration of warranties for products that have been sold under the contract. • Provide all labor, parts, and travel necessary to keep the products in good operating condition and preserve its operating efficiency in accordance with its technical specifications.
• Pay any necessary shipment and insurance costs.

The warranty services listed shall include all products, maintenance costs and costs of labor, parts, travel, factory overhaul, rehabilitation, transportation, and substitute products, as necessary. If it is necessary to remove any products from an ordering agency's location where on-site warranty is specified, the Contractor will provide substitute products at the time of removal.

Substitute products will be comparable to or better than the products removed. In instances where it is necessary for the Contractor to return the products to the factory, the Contractor will be responsible for all costs of the products from the time it leaves the ordering agency's site until it is returned to the site in good operating condition. Only new standard parts or parts equal in performance to new parts will be used in effecting repairs. Parts that have been replaced will become the property of the Contractor except in instances where the ordering agency chooses to keep the hard drives. Replacement parts installed will become the property of the ordering agency.

Warranty services during the warranty period will not include electrical work external to the products, the furnishing of supplies, or adding or removing accessories, attachments, or other devices not provided under this contract. Warranty services also will not include repair of damage resulting from transportation by the ordering agency between State or local sites or from accident unless the accident is caused by negligent or intentional acts or omissions of the Contractor or its agents.

35. QUALITY ASSURANCE GUARANTEES
The Contractor shall represent and warrant that product provided shall be free from defects in material and workmanship, given normal use and care, over the period of the manufacturer warranty. The terms of this contract will supersede any language to the contrary on purchase orders, invoices, or other sources. Contractor must use new

Page 16 ends

ATTACHMENT B
61 STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Mandatory Contract Number 1-22-42-04
Contract User Instructions *Supplement 2*
products, parts, and components for all new equipment purchased by the State. The Contractor may use parts that are equal in performance to new parts for warranty replacement repair parts only as long as it does not violate the manufacturer's warranty.

36. EQUIPMENT REPLACEMENT DURING WARRANTY
If the product provided fails to perform in accordance with technical specifications and functional descriptions contained or referenced in the contract agreement and is subject to warranty response three (3) or more times during any ninety (90) day period, the Contractor will upon the ordering agency's request, replace the product at no price. The replacement product(s) will be delivered no later than fifteen (15) working days after the ordering agency's request is received by the Contractor. Replacement goods cannot be used, refurbished, or recycled, and must be of equal or greater value.

37. RECYCLED CONTENT
There is no recycled content associated with this contract.

38. SB/DVBE PARTICIPATION
There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.

39. BIDDER DE CLARA TION/COMMERCIALL Y USEFUL FUNCTION (CUF) There is no small business (SB) or disabled veteran business enterprise (DVBE) participation for this contract.

40. ATTACHMENTS
Attachment A - Contract Pricing
Attachment B - CALFIRE SCBA Spec. dated 2-2022

Page 17 ends

ATTACHMENT B
62 Non-core discount = 33% off catalog list price.

Contact
Line Item #
(CLIN)
Commodity Description
UNSPSC
Code
(Version 11)
Manufacturer Part
Number (OEM #) Manufacturer (OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of
Measure
Contract Price
10 Complete SCBA system per CAL FIRE
Specification Attachment 2. Includes a medium
facepiece. (Also available as individual items
below).
46182004
X8814N25305303
+804722-01
+201215-28
+201275-01
3M-Scott
X8814N25305303
+804722-01
+201215-28
+201275-01
Air-Pak NFPA 2018 X3 PRO: 4500 psi; CGA
connection, QD Regulator, Dual UEBSS
(RECTUS), PASS and Pak- Tracker c/w AV-
3000HT (4 Strap) face piece, 4500 psi, 45-min
CGA cylinder, EPIC 3 voice amplifier
Each 1 6,373.00 $
Contact
Line Item #
(CLIN)
Commodity Description
UNSPSC
Code
(Version 11)
Manufacturer Part
Number (OEM #) Manufacturer (OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of
Measure
Contract Price
20A Facepiece per Specification Attachment 2, Small 46182001 201215-27 3M-Scott 201215-27 AV-3000HT (S) face piece Each 1 311.00$ 20B Face piece per Specification Attachment 2, Medium 46182001 201215-28 3M-Scott 201215-28 AV-3000HT (M) face piece Each 1 311.00$ 20C Face piece per Specification Attachment 2, Large 46182001 201215-29 3M-Scott 201215-29 AV-3000HT (L) face piece Each 1 311.00$ 30 Rit-Pak III w/ mask and regulator, 4500 PSI (no
C
ylinder) 46182001 200954-12 3M-Scott 200954-12
Rit-Pak III - NFPA 2018 UEBSS Connections
(RECTUS) c/w RIT mask and RIT regulator,
4500 PSI (no Cylinder) Each 1 3,237.50$
40 4500 PSI, 60-min c ylinder 46182001 804723-01 3M-Scott 804723-01 4500 psi, 60-min cylinder with CGA Valve for RIT
III Each 1 1,344.00 $
50 Rit-Pak fast attack, 4500 PSI,Medium 46182001 201564-11 3M-Scott 201564-11 Rit-Pak Fast Attack - NFPA 2018 UEBSS
Connections (RECTUS) c/w RIT mask and RIT
regulator, 4500 PSI (Req 90 degree Cylinder) Each 1 2,244.00$ 60 90 degree Rit-Pak Cylinder & Valve Assembly, 30
min, 4500 PSI 46182001 200870-01 3M-Scott 200870-01
Rit-Pak Fast Attack Cylinder. 90 degree CGA
Valve Assembl
y, 4500 Psi, 30 Minute Each 1 861.30$
70 Electronic Voice Amplifier per Specification
Attachment 2 46182001 201275-01 3M-Scott 201275-01 EPIC 3 voice amplifier Each 1 371.00$ 80 Standard C ylinder per Specification Attachment 2 46182001 804722-01 3M-Scott 804722-01 4500 PSI, 45 minute C ylinder with Valve Each 1 1,039.00$ Contact
Line Item #
(CLIN)
Commodity Description
UNSPSC
Code
(Version 11)
Manufacturer Part
Number (OEM #) Manufacturer (OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of
Measure
Contract Price
200 Annual Fit Testing 46182001 FIT TEST Allstar Fire Equip N/A Annual Fit Testing Per Ea. Person Each 1 25.00$ 210 Annual Flow Testing 46182001 FLOW TEST Allstar Fire Equip N/A Annual Flow Test Per Ea. SCBA Each 1 45.00$ 220 Trainin g 46182001 TRAINING Allstar Fire Equip N/A Training as required - NO Charge Hour 1 0.01$ 230 Non-Warrant y Maintenance 46182001 REPAI R Allstar Fire Equip N/A Non-Warranty Maintenance as Required per
Mfg. Specifications Hour 1 80.00$
300 Non-Core Catalo g Items
Department of General Services - Procurement Division
Statewide Contract 1-22-42-04 Self-Contained Breathing Apparatus (SCBA) Attachment A - Contract Pricing, 07/01/2022
Contractor: Allstar Fire Equipment
End of Sheet
CORE ITEM: SYSTEMS
CORE ITEMS: COMPONENTS
CORE ITEMS: SERVICES

NON-CORE ITEMS CATALOG
Note: There is a minimum 33% discount applied to Contractor's Non-Core Catalog Items

Page 1 ends

ATTACHMENT B
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/62 /19 /10 /10 /17 /i255 /12 /22 /10 /i255/13/3/7 /3/13/25 /13/i255/6 /10 /41 /25 /3 /6 /10/13/10/7 /12 /15 /i255 /15 /12 /1 /12 /10 /17 /i255 /3 /7 /i255 /59 /14 /18 /24 /i255 /33 /63 /64 /33 /i255 /56 /22 /10 /7/i255 /6 /10 /41 /25 /3 /6 /10 /17 /i255 /12 /5 /i255 /13/10/10 /12 /i255 /12 /22 /10 /i255 /0 /24 /45 /i255 /14/44 /27 /47 /i255 /46 /1 /60 /1 /6 /17 /i255 /1 /7 /17 /i255 /27 /3 /15 /61 /i255 /24 /15 /15 /10 /15 /15/13/10/7 /12 /48 /i255 /65/0/5 /17 /10 /i255 /5 /4/i255 /14 /10 /17 /10 /6 /1 /2 /i255 /27 /10 /23 /25 /2 /1 /12 /3 /5 /7 /15 /i255 /40 /3 /12 /2 /10 /i255 /31 /63 /66 /i255 /18 /1 /6 /12 /i255 /33 /63 /33 /32 /48 /33 /67 /68 /65/0/1 /2 /3 /4 /5 /6 /7/3 /1 /i255 /0 /5 /17 /10 /i255 /5 /4 /i255 /27 /10 /23 /25 /2 /1 /12 /3 /5 /7 /15 /66 /i255 /40 /3 /12 /2 /10 /i255 /64 /66 /i255 /69 /70 /33 /68 /68 /65/0/1 /2 /3 /4 /5 /6 /7/3 /1 /i255 /0 /5 /17 /10 /i255 /5 /4 /i255 /27 /10 /23 /25 /2 /1 /12 /3 /5 /7 /15 /66 /i255 /40 /3 /12 /2 /10 /i255 /64 /66 /i255 /69 /67 /67 /64 /32 /65/59/1 /12 /3 /5 /7 /1/2 /i255 /44 /7 /15 /12 /3 /12 /25 /12 /10 /i255 /4 /5 /6 /i255/58/19/19 /25 /11 /1 /12 /3 /5 /7 /1 /2 /i255 /20 /1 /4 /10 /12 /16 /i255 /1 /7 /17 /i255 /46 /10 /1 /2 /12 /22 /i255 /42 /59 /44/58/20/46 /43 /i255 /68 /31 /i255 /0 /14 /27 /66 /i255 /18 /1 /6 /12 /i255 /64 /68 /65/59/14 /18 /24 /i255 /33/68 /32 /68 /29 /i255 /20 /12 /1 /7 /17 /1 /6 /17 /i255 /4 /5 /6 /i255 /14 /3 /6 /10 /i255 /20 /10 /6 /28 /3 /19 /10 /i255 /27 /10 /15 /11 /3 /6 /1 /12 /5 /6 /16 /i255 /18 /6 /5 /12 /10 /19 /12 /3 /5 /7 /i255 /40 /6 /1 /3 /7 /3 /7 /23 /65/59/14 /18 /24 /i255 /33/70 /32 /32 /29 /i255 /20 /12 /1 /7 /17 /1 /6 /17 /i255 /5 /7 /i255 /14 /3 /6 /10 /i255 /9 /10 /11 /1 /6 /12/13/10/7 /12 /i255/58/19/19 /25 /11 /1 /12 /3 /5 /7 /1 /2 /i255 /20 /1 /4 /10 /12 /16 /i255 /1 /7 /17 /i255 /46 /10 /1 /2 /12 /22 /i255 /18 /6 /5/23 /6 /1 /13 /65/59/14 /18 /24 /i255 /33/64 /70 /31 /29 /i255 /20 /12 /1 /7 /17 /1 /6 /17 /i255 /5 /7 /i255 /20 /10 /2 /10 /19 /12 /3 /5 /7 /66 /i255 /0 /1 /6 /10 /i255 /1 /7 /17 /i255/71/1/3 /7 /12 /10 /7 /1 /7 /19 /10 /i255 /5 /4 /i255/58/11/10 /7 /i255 /0 /3 /6 /19 /25 /3 /12 /i255 /20 /10/2 /4 /i255 /0 /5 /7 /12 /1 /3 /7 /10 /17 /21 /6 /10 /1 /12 /22 /3 /7/23 /i255 /24 /11 /11 /1 /6 /1 /12 /25 /15 /i255 /42 /20 /0 /21 /24 /43 /65/59/14 /18 /24 /i255 /33/63 /64 /33 /29 /i255 /20 /12 /1 /7 /17 /1 /6 /17 /i255 /5 /7 /i255/58/11/10 /7 /i255 /0 /3 /6 /19 /25 /3 /12 /i255 /20 /10 /2 /4 /i255 /0 /5 /7 /12 /1 /3 /7 /10 /17 /i255 /21 /6 /10 /1 /12 /22 /3 /7 /23 /i255 /24 /11 /11 /1 /6 /1 /12 /25 /15 /i255 /42 /20/0 /21 /24 /43 /i255 /4 /5 /6 /47/13/10/6 /23 /10/7 /19 /16 /i255 /20 /10 /6 /28 /3 /19 /10 /15 /65/59/14 /18 /24 /i255 /33/63 /64 /31 /29 /i255 /20 /12 /1 /7 /17 /1 /6 /17 /i255 /5 /7 /i255 /18 /10 /6 /15 /5 /7 /1 /2 /i255 /24 /2 /10 /6 /12 /i255 /20 /1 /4 /10 /12 /16 /i255 /20 /16 /15 /12 /10/13/15 /65/59/14 /18 /24 /i255 /33/63 /64 /67 /29 /i255 /20 /12 /1 /7 /17 /1 /6 /17 /i255 /5 /7 /i255 /45 /3 /4 /10 /i255 /20 /1 /4 /10 /12 /16 /i255 /27 /5 /11 /10 /i255 /1 /7 /17 /i255 /47 /41 /25 /3 /11/13/10/7 /12 /i255 /4 /5 /6 /i255 /47/13/10/6 /23 /10 /7 /19 /16 /i255 /20 /10 /6/28 /3 /19 /10 /15 /48 /58/11/12 /3 /5 /7 /1/2 /i255 /3 /7 /12 /10 /23 /6 /1 /12 /10 /17 /i255 /15 /10 /2 /4 /72 /6 /10 /15 /19 /25 /10 /i255 /17 /10 /28 /3 /19 /10 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /19 /5/13/11/2 /3 /1 /7 /12 /65/59/14 /18 /24 /i255 /33/63 /64 /63 /29 /i255 /20 /12 /1 /7 /17 /1 /6 /17 /i255 /5 /7 /i255 /21 /6 /10 /1 /12 /22 /3 /7 /23 /i255 /24 /3 /6 /i255/73/25/1 /2 /3 /12 /16 /i255 /4 /5 /6 /i255 /47/13/10/6 /23 /10 /7 /19 /16 /i255 /20 /10 /6 /28 /3 /19 /10 /15 /i255 /27 /10 /15 /11 /3 /6/1 /12 /5 /6 /16 /18 /6 /5 /12 /10 /19 /12 /3/5 /7
/65/24/13/10/6 /3 /19 /1/7 /i255 /59 /1 /12 /3 /5 /7 /1 /2 /i255 /20 /12 /1 /7 /17 /1 /6 /17 /15 /i255 /44 /7 /15 /12 /3 /12 /25 /12 /10 /i255 /74 /64 /75 /48 /33 /65/76/45 /i255 /63 /33 /67 /29/i255 /20 /12 /1 /7 /17 /1 /6 /17 /i255 /4 /5 /6 /i255 /44 /7 /12 /6 /3 /7 /15 /3 /19 /1 /2 /2 /16 /i255 /20 /1 /4 /10 /i255 /24 /11 /11 /1 /6 /1 /12 /25 /15 /i255 /1 /7 /17 /i255 /24 /15 /15 /5 /19 /3 /1 /12 /10 /17 /i255 /24 /11 /11 /1 /6 /1 /12 /25 /15 /i255 /4 /5/6 /i255 /76 /15 /10 /i255 /3 /7 /0 /2 /1 /15 /15 /i255 /44 /66 /i255/44 /44 /66 /i255 /1 /7 /17 /i255 /44 /44 /44 /66 /i255 /9 /3 /28 /3 /15 /3 /5 /7 /i255 /33 /66 /i255 /46 /1 /60 /1 /6 /17 /5 /25 /15 /i255 /42 /0 /2 /1 /15 /15 /3 /4 /3 /10 /17 /43 /i255 /45 /5 /19 /1 /12 /3 /5 /7 /15 /65/76/45 /i255 /57 /i255 /59 /44 /20/40 /i255/71/5/17 /10 /6 /7 /i255 /14 /3 /6 /10 /i255 /47 /7 /28 /3 /6 /5 /7/13/10/7 /12 /77 /78 /78 /79 /80 /81/82/83/84 /78 /i255 /86

ATTACHMENT B
64 /0 /1 /2 /3 /4 /5 /6 /7 /3 /1 /i255 /9 /10 /11 /1 /6 /12/13/10/7 /12 /i255 /5 /4 /i255 /14 /5 /6 /10 /15 /12 /6 /16 /i255 /1 /7 /17 /i255 /14 /3 /6 /10 /i255 /18 /6 /5 /12 /10 /19 /12 /3 /5 /7 /i255 /20 /10 /2 /4 /i255 /0 /5 /7 /12 /1 /3 /7 /10 /17 /i255 /21 /6 /10 /1 /12 /22 /3 /7 /23 /i255 /24 /11 /11 /1 /6 /1 /12 /25 /15 /i255 /20 /11 /10 /19 /3 /4 /3 /19 /1 /12 /3 /5 /7/i255 /27 /10 /28 /3 /15 /10 /17 /29 /i255 /14 /10 /30 /6 /25 /1 /6 /16 /i255 /31 /32 /31 /31 /i255 /31 /i255 /33 /34/35/36/37 /33 /34/38/34/39 /40 /41 /i255
/38/43/39 /36 /44 /43 /45 /40 /36 /33/37 /39/46/i255
/47 /22 /10 /i255/13/1/7 /25 /4 /1 /19 /12 /25/6 /10 /6 /i255 /5 /4 /i255 /12 /22 /10 /15 /10 /i255 /20 /0 /21 /24 /i255 /19 /5/13/11/5 /7 /10 /7 /12 /15 /i255/13/25/15 /12 /i255 /1 /17 /22 /10 /6 /10 /i255 /12 /5 /i255 /3 /7 /17 /25 /15 /12 /6 /16 /i255 /15 /12 /1 /7 /17 /1 /6 /17 /i255 /11 /6 /1 /19 /12 /3 /19/10 /15 /48 /i255 /1 /7 /17 /i255 /19 /5/13/11/2 /16 /i255 /49 /3 /12 /22 /i255 /1 /2 /2/i255 /1 /11 /11 /2 /3 /19 /1 /30 /2 /10 /i255 /4 /10 /17 /10 /6 /1 /2 /48 /i255 /15 /12 /1 /12 /10 /48 /i255 /1 /7 /17 /i255 /2 /5 /19 /1 /2 /i255 /6 /25 /2 /10 /15 /48 /i255 /2 /1 /49 /15 /i255 /1 /7 /17 /i255 /6 /10 /23 /25 /2 /1 /12 /3 /5 /7 /15 /50 /i255 /51/24/2 /2 /i255 /52 /2 /1 /15/12 /3 /19 /i255 /0 /5/13/11/5 /7 /10 /7 /12 /15 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /1 /11 /11 /6 /5 /28 /10 /17 /i255 /4 /5 /6 /i255 /53 /7 /12 /6 /3 /7 /15 /3 /19 /i255 /20 /1 /4 /10 /12 /16 /i255 /25 /7 /17 /10 /6 /i255 /54 /55 /i255 /56 /57 /58 /i255 /0 /2/1 /15 /15 /i255 /53 /48 /i255/59/6/5 /25 /11 /15 /0 /i255 /1 /7 /17 /i255 /9/i255 /1 /7 /17 /i255 /0 /2 /1 /15 /15 /i255 /53 /53 /48 /i255/59/6/5 /25 /11 /15 /i255 /52 /48 /i255 /14 /48 /i255/59/48/i255 /60 /1 /61 /1 /6 /17 /5 /25 /15 /i255 /55 /5 /19 /1 /12 /3 /5 /7 /15 /51/47/22 /10 /i255 /20 /0/21 /24 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /1 /11 /11 /6 /5 /28 /10 /17 /i255 /4 /5 /6 /i255 /0 /22 /10/13/3/19 /1 /2 /48 /i255 /21 /3 /5 /2 /5 /23 /3 /19 /1 /2 /48 /i255 /27 /1 /17 /3 /5 /2 /5 /23 /3 /19 /1 /2 /i255 /1 /7 /17 /i255 /62 /25 /19 /2 /10/1 /6 /i255 /18 /6 /5 /12 /10 /19 /12 /3 /5 /7 /63 /0 /21 /27 /62 /64
/44 /43 /45 /34 /65 /37 /34 /45 /34 /i255
/24 /2 /2 /i255 /11 /10 /6 /15 /5 /7 /7 /10 /2 /i255 /15/22 /1 /2 /2 /i255 /30 /10 /i255 /3 /15 /15 /25 /10 /17 /i255 /1 /i255 /11 /6 /5 /11 /10 /6 /i255 /4 /3 /12 /12 /3 /7 /23 /i255 /4 /1 /19 /10 /11 /3 /10 /19 /10 /i255 /1 /7 /17 /i255 /11 /6 /5 /12 /10 /19 /12 /3 /28 /10 /i255 /30 /1 /23 /i255 /1 /7 /17 /i255 /15 /22 /1 /2 /2 /i255 /22/1 /28 /10 /i255 /1 /19 /19 /10 /15 /15 /i255 /12 /5 /i255 /1 /i255 /28 /5 /3 /19 /10 /i255 /1/13/11/2 /3 /4 /3 /10/6 /50 /i255 /47 /22 /10 /i255 /4 /25 /2 /2 /i255 /4 /1 /19 /10 /11 /3 /10 /19 /10 /i255 /15 /22 /1 /2 /2 /i255 /4 /3 /12 /i255 /11 /10 /6 /15 /5 /7 /15 /i255 /5 /4 /i255 /28 /1 /6 /16 /3 /7 /23 /i255 /4 /1 /19 /3 /1 /2 /i255 /15 /22 /1 /11 /10 /15 /i255 /1 /7 /17 /i255 /15 /3 /61 /10/15 /i255 /49 /3 /12 /22 /i255 /13/3/7 /3/13/1/2 /i255 /28 /3 /15 /25 /1 /2 /i255/3 /7 /12 /10 /6 /4 /10 /6 /10 /7 /19 /10 /50 /i255 /47 /22 /10 /i255 /4 /25 /2 /2 /i255 /4 /1 /19 /10 /11 /3 /10 /19 /10 /i255 /1 /15 /15 /10/13/30/2 /16 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /1 /28 /1 /3 /2 /1 /30 /2 /10 /i255 /3 /7 /i255 /12 /22 /6 /10 /10 /i255 /15 /3 /61/10 /15 /i255/13/1/6 /66 /10 /17 /i255 /67 /20 /68 /i255 /4 /5 /6 /i255 /20/13/1/2 /2 /48 /i255 /67/69/68/i255 /4 /5 /6 /i255/69/10/17 /3 /25/13/i255/1 /7 /17 /i255 /67 /55 /68 /i255 /4 /5 /6 /i255 /55 /1 /6 /23 /10 /50 /i255 /47 /22 /10 /i255/13/1/7 /25 /4 /1 /19 /12 /25 /6 /10 /6 /i255 /15 /22 /1 /2 /2 /i255 /11 /6 /5 /28 /3 /17 /10 /i255 /3 /7 /12 /10 /6 /19/22 /1 /7 /23 /10 /1 /30 /2 /10 /i255 /7 /5 /15 /10 /i255 /19 /25 /11 /i255 /15 /3 /61 /10 /15/50 /i255 /i255 /47 /22 /10 /i255 /4 /1 /19 /10 /11 /3 /10 /19 /10 /i255/15 /22 /1 /2 /2 /i255 /30 /10 /i255 /1 /11 /11 /6 /5 /28 /10 /17 /i255 /4 /5 /6 /i255 /25 /15 /10 /i255 /49 /3 /12 /22 /i255/13/25/2 /12 /3 /11 /2 /10 /i255 /6 /10 /15 /11 /3 /6 /1 /12 /5 /6 /16 /i255 /1 /11 /11 /2 /3 /19 /1 /12 /3 /5 /7 /15 /i255 /12 /5 /i255 /10 /7 /1 /30/2 /10 /i255 /12 /22 /10 /i255 /15 /1/13/10/i255 /25 /15 /10 /6 /i255 /12 /5 /i255 /15 /49 /3 /12 /19 /22 /i255/4 /6 /5/13/i255/5 /7 /10 /i255 /1 /11 /11 /2 /3 /19 /1 /12 /3 /5 /7 /i255 /12 /5 /i255 /1 /7 /5 /12 /22 /10 /6 /i255 /49 /3 /12 /22 /5 /25 /12 /i255 /12 /22 /10 /i255 /25 /15 /10 /i255 /5 /4 /i255 /12 /5 /5 /2 /15 /i255 /1 /7 /17 /i255 /49 /3 /12 /22 /5 /25 /12 /i255 /17 /5/4 /4 /3 /7 /23 /i255 /12 /22 /10 /i255 /4 /1 /19 /10 /11 /3 /10 /19 /10 /50 /i255/69/1/7/25 /4 /1 /19 /12 /25 /6 /10 /6 /15 /i255 /15 /22 /1 /2 /2 /i255 /22 /1 /28 /10 /i255 /1 /7 /i255 /1 /17 /1 /11 /12 /10 /6 /i255 /1 /28 /1 /3 /2 /1 /30 /2 /10 /i255 /4 /5 /6 /i255 /11 /1 /6 /12 /3 /19 /25 /2 /1 /12 /10 /i255 /1 /7 /17 /i255 /0 /21 /27 /62 /i255 /19/1 /6 /12 /6 /3 /17 /23 /10 /15 /i255 /4 /5 /6 /i255 /12 /22 /10 /i255 /20 /0 /21 /24 /i255 /4 /1 /19 /10/11 /3 /10 /19 /10 /50 /i255 /47 /22 /10 /i255 /4 /1 /19 /10 /11 /3 /10 /19 /10 /i255 /1 /15 /15 /10/13/30/2 /16 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /19 /1 /11 /1 /30 /2 /10 /i255 /12 /5 /i255 /4 /25 /7 /19 /12 /3 /5 /7 /i255 /49 /3 /12 /22 /i255/13/25/2 /12 /3 /11/2 /10 /i255 /10 /2 /10 /19 /12 /6 /5 /7 /3 /19 /i255 /19 /5/13/13/25/7 /3 /19 /1 /12 /3 /5 /7/15 /i255 /5 /11 /12 /3 /5 /7 /15 /i255 /63 /1/13/11/2 /3 /4 /3 /19 /1 /12 /3 /5 /7 /48 /i255 /6 /1 /17 /3 /5 /i255 /3 /7 /12 /10 /6 /4 /1 /19 /10 /48 /i255 /49 /3 /6 /10 /2 /10 /15 /15 /48 /i255 /10 /12 /19 /50 /64 /i255 /49 /3 /12 /22 /5 /25 /12 /i255 /1 /4 /4 /10 /19 /12 /3 /7/23 /i255 /1 /11 /11 /2 /3 /19 /1 /30 /2 /10 /i255 /62 /53/70/20/60 /48 /i255 /62 /14 /18 /24/i255 /5 /6 /i255 /0 /21 /27 /62 /i255 /1 /11 /11 /6 /5 /28 /1 /2 /15 /50 /i255 /i255 /53 /7 /i255 /1 /19 /19 /5 /6 /17 /1 /7 /19 /10 /i255/49 /3 /12 /22 /i255 /62 /53/70/20/60 /i255 /71 /31 /i255 /0 /14 /27 /i255 /18 /1 /6 /12 /i255 /72 /71 /48 /i255 /12 /22 /10 /i255 /4 /1 /19 /10 /11 /3 /10 /19 /10 /i255 /2 /10 /7 /15 /i255 /15 /22 /1 /2 /2 /i255/13/10/10 /12 /i255 /11 /10 /7 /10 /12 /6 /1 /12 /3 /5 /7/i255 /1 /7 /17 /i255 /3/13/11/1 /19 /12 /i255 /6 /10 /73 /25 /3 /6 /10/13/10/7 /12 /15 /48 /i255/3 /7 /19 /2 /25 /17 /3 /7 /23 /i255 /19 /5/13/11/2 /3 /1 /7 /19 /10 /i255 /49 /3 /12 /22 /i255 /24 /62 /20 /53 /i255 /74 /72 /75 /50 /57 /50 /i255 /47 /22 /10 /i255 /2 /10 /7 /15 /i255 /15 /22 /1 /2 /2 /i255 /22 /1 /28 /10 /i255 /1 /i255 /19 /5 /1 /12 /3 /7 /23 /i255 /12 /5/i255 /6 /10 /15 /3 /15 /12 /i255 /1 /30 /6 /1 /15 /3 /5 /7 /i255 /1 /7 /17 /i255 /19/22 /10/13/3/19 /1 /2 /i255 /10 /76 /11 /5 /15 /25 /6 /10 /i255 /1 /7 /17 /i255/13/10/10 /12 /i255 /12 /22 /10 /i255 /6 /10 /73 /25 /3 /6 /10/13/10/7 /12 /15 /i255 /5 /4 /i255 /62 /14 /18 /24 /i255 /57 /56 /72 /57 /i255 /4 /5 /6 /i255 /2 /10 /7 /15 /i255 /1/30 /6 /1 /15 /3 /5 /7 /50 /i255 /47 /22 /10 /i255 /2 /10 /7 /15 /i255 /15 /22 /1 /2 /2 /i255 /22 /1 /28 /10/i255 /1 /7 /i255 /3 /7 /12 /10 /6 /7 /1 /2 /i255 /1 /7 /12 /3 /77 /4 /5 /23 /i255 /19 /5 /1 /12 /3 /7 /23 /i255 /12 /5 /i255 /6 /10 /17 /25 /19 /3 /7 /23 /i255 /4 /5 /23 /23 /3 /7 /23 /i255 /5 /4 /i255 /12 /22 /10 /i255 /2 /10 /7 /15 /50 /i255 /i255 /47 /22 /10 /i255 /22 /10 /1 /17 /i255 /22 /1 /6 /7/10 /15 /15 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /1 /i255/13/25/2 /12 /3 /11 /2 /10 /i255 /1 /17 /78 /25 /15 /12/13/10/7 /12 /i255 /15 /25 /15 /11 /10 /7 /15 /3 /5 /7 /i255/13/1/17 /10 /i255 /3 /7 /i255 /12 /22 /10 /i255 /4 /1 /15 /22 /3 /5 /7 /i255 /5 /4 /i255 /1/i255 /7 /10 /12 /i255 /22 /5 /5 /17 /i255 /12 /5 /i255 /13/3/7 /3/13/3/61 /10 /i255 /3 /7 /12 /10 /6 /4/10 /6 /10 /7 /19 /10 /i255 /30 /10 /12 /49 /10 /10 /7 /i255 /15 /10 /19 /25 /6 /3 /7 /23 /i255 /5 /4 /i255 /12 /22 /10 /i255 /4 /1 /19 /10 /11 /3 /10 /19 /10 /i255 /1 /7 /17 /i255 /12 /22 /10 /i255 /49 /10 /1 /6 /3 /7 /23 /i255 /5 /4 /i255 /22 /10 /1 /17 /i255 /11 /6 /5/12 /10 /19 /12 /3 /5 /7 /50 /i255 /47 /22 /10 /i255 /22 /10 /1 /17 /i255 /22 /1 /6 /7 /10 /15 /15 /i255 /15/22 /1 /2 /2 /i255 /30 /10 /i255 /19 /5 /7 /15 /12 /6 /25 /19 /12 /10 /17 /i255 /5 /4 /i255 /1 /i255 /11 /1 /6 /1 /77 /1 /6 /1/13/3/17 /i255/13/1/12 /10 /6 /3 /1 /2 /i255 /4 /5 /6 /i255 /4 /3 /6 /10 /48 /i255 /4 /3 /6 /15 /12 /i255 /6 /10 /15 /11 /5 /7 /17 /10 /6 /i255 /1/7 /17 /i255 /0 /21 /27 /62 /i255 /1 /11 /11 /2 /3 /19 /1 /12 /3 /5 /7 /15 /50 /i255 /i255 /47 /22 /10 /i255 /4 /1 /19 /10 /11 /3 /10 /19 /10 /i255/15 /22 /1 /2 /2 /i255 /30 /10 /i255 /19 /1 /11 /1 /30 /2 /10 /i255 /5 /4 /i255 /49 /1 /12 /10 /6 /i255 /15 /25 /30/13/10/6 /15 /3 /5 /7 /i255 /4 /5 /6 /i255 /19 /2 /10 /1 /7 /3 /7 /23 /i255 /1 /7 /17 /i255 /17 /3 /15 /3 /7 /4 /10 /19 /12 /3 /5 /7 /50 /i255 /53 /12 /i255 /13/25 /15 /12 /i255 /1 /2 /15 /5 /i255 /30 /10 /i255 /19 /5/13/11/1 /12 /3 /30 /2 /10 /i255 /4 /5 /6 /i255 /25 /15 /10 /i255 /49 /3 /12 /22 /i255 /1 /i255 /15 /11 /10 /19 /12 /1 /19 /2 /10 /i255 /66 /3 /12 /i255 /4 /5 /6 /i255 /28 /3 /15 /3 /5 /7 /i255 /19 /5 /6 /6 /10 /19 /12 /3 /5 /7 /50 /i255 /i255 /79 /80 /80 /81 /82 /83/84/85/86 /80 /i255 /88

ATTACHMENT B
65 /0 /1 /2 /3 /4 /5 /6 /7 /3 /1 /i255 /9 /10 /11 /1 /6 /12/13/10/7 /12 /i255 /5 /4 /i255 /14 /5 /6 /10 /15 /12 /6 /16 /i255 /1 /7 /17 /i255 /14 /3 /6 /10 /i255 /18 /6 /5 /12 /10 /19 /12 /3 /5 /7 /i255 /20 /10 /2 /4 /i255 /0 /5 /7 /12 /1 /3 /7 /10 /17 /i255 /21 /6 /10 /1 /12 /22 /3 /7 /23 /i255 /24 /11 /11 /1 /6 /1 /12 /25 /15 /i255 /20 /11 /10 /19 /3 /4 /3 /19 /1 /12 /3 /5 /7/i255 /27 /10 /28 /3 /15 /10 /17 /29 /i255 /14 /10 /30 /6 /25 /1 /6 /16 /i255 /31 /32 /31 /31 /i255 /33 /i255 /34/35/36 /37 /i255/34/39/40/41 /42/43 /44 /i255 /45 /43/46/40/47 /35 /42/39/45/i255 /48 /22 /10 /i255/49/1/15 /50 /i255/49/5/25/7 /12 /10 /17 /i255 /27 /10 /23 /25 /2 /1 /12 /5 /6 /i255 /15 /22 /1 /2 /2 /i255/13/10/10 /12 /i255 /51 /14 /18 /24 /i255 /52 /53 /54 /52 /i255 /4 /2 /5 /55 /i255 /6 /1 /12 /10 /15 /56 /i255 /48 /22 /10 /i255 /6 /10 /23 /25 /2 /1 /12 /5 /6 /i255 /15 /22 /1 /2 /2 /i255 /22/1 /28 /10 /i255 /1 /7 /i255 /1 /12 /12 /1 /19 /22 /10 /17 /i255 /2 /5 /55 /57 /11/6 /10 /15 /15 /25 /6 /10 /i255 /22 /5 /15 /10 /i255 /12 /22 /1 /12 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /12 /22 /6 /10 /1 /17 /10 /17 /i255 /12 /22 /6 /5 /25 /23 /22 /i255 /12 /22 /10 /i255 /2 /10 /4 /12 /i255 /15 /22 /5 /25 /2 /17 /10 /6 /i255 /15 /12 /6 /1 /11 /i255 /12 /5 /i255 /19/5 /25 /11 /2 /10 /i255 /12 /5 /i255 /12 /22 /10 /i255 /11 /6 /10 /15 /15 /25 /6 /10 /57 /6 /10 /17 /25 /19/3 /7 /23 /i255 /6 /10 /23 /25 /2 /1 /12 /5 /6 /i255/13/5/25 /7 /12 /10 /17 /i255 /5 /7 /i255 /12 /22 /10 /i255 /30 /1 /19 /50 /i255 /4 /6 /1/13/10/56 /i255 /i255 /48 /22 /10 /i255 /30 /6 /10 /1 /12 /22 /3 /7 /23 /i255/6 /10 /23 /25 /2 /1 /12 /5 /6 /i255 /2 /5 /55 /57 /11 /6 /10 /15 /15 /25 /6 /10 /i255 /22 /5 /15 /10 /i255 /15 /22 /1 /2 /2 /i255 /22 /1 /28 /10 /i255 /1 /i255 /58 /25 /3 /19 /50 /i255 /19 /5 /7 /7 /10 /19 /12 /i255 /19 /5 /25 /11 /2 /3 /7 /23 /i255 /3 /7 /i255 /2 /3 /7 /10/i255 /4 /5 /6 /i255 /25 /15 /10 /i255 /55 /3 /12 /22 /i255 /12 /22 /10 /i255 /5 /25 /12 /2 /10 /12 /i255/13/1/7 /3/4 /5 /2 /17 /i255 /1 /7 /17 /i255 /1 /19 /19 /10 /15 /15 /5 /6 /16 /i255 /22 /5 /15 /10 /i255 /12 /5 /i255 /1 /2 /2 /5 /55 /i255 /12 /22 /10 /i255 /30 /6 /10 /1 /12 /22 /3 /7 /23 /i255 /6 /10 /23 /25 /2 /1 /12 /5 /6 /i255 /12 /5 /i255 /30 /10 /i255 /17 /3 /15 /19 /5 /7 /7/10 /19 /12 /10 /17 /i255 /4 /6 /5/13/i255/3 /7 /i255 /4 /6 /5 /7 /12 /i255 /5 /4 /i255 /12 /22 /10 /i255 /25 /15 /10/6 /i255 /1 /7 /17 /i255 /6 /10 /19 /5 /7 /7 /10 /19 /12 /10 /17 /i255 /12 /5 /i255 /12 /22 /10 /i255 /1 /25 /59 /3 /2 /3 /1 /6 /16 /i255 /22 /5 /15 /10 /i255 /5 /4 /i255 /1 /i255 /15 /10 /19 /5 /7 /17 /i255 /25 /7 /3 /12 /i255 /3 /7 /i255 /12 /22 /10 /i255 /10 /28 /10 /7 /12 /i255 /6 /10/15 /19 /25 /10 /i255 /3 /15 /i255 /6 /10 /58 /25 /3 /6 /10 /17 /56 /i255 /48 /22 /10 /i255 /58/25 /3 /19 /50 /i255 /19 /5 /7 /7 /10 /19 /12 /i255 /19 /5 /25 /11 /2 /3 /7 /23 /i255 /5 /7 /i255 /12 /22 /10 /i255 /2 /5 /55 /57 /11 /6 /10 /15 /15 /25 /6 /10 /i255 /22 /5 /15 /10 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /10 /1 /15 /3 /2 /16 /i255 /19 /5 /7 /7 /10/19 /12 /10 /17 /i255 /1 /7 /17 /i255 /17 /3 /15 /19 /5 /7 /7 /10 /19 /12 /10 /17 /i255 /30/16 /i255 /1 /i255 /23 /2 /5 /28 /10 /17 /i255 /22 /1 /7 /17 /i255 /3 /7 /i255 /2 /5 /55 /i255 /2 /3 /23 /22 /12 /i255 /19 /5 /7 /17 /3 /12 /3 /5 /7 /15 /56 /i255 /48 /22 /10 /i255 /58 /25 /3 /19 /50 /i255 /19 /5 /7 /7 /10 /19 /12 /i255 /19 /5 /25 /11 /2 /3 /7 /23 /i255 /5 /7/i255 /12 /22 /10 /i255 /2 /5 /55 /57 /11 /6 /10 /15 /15 /25 /6 /10 /i255 /22 /5 /15 /10 /i255/15 /22 /1 /2 /2 /i255 /1 /2 /15 /5 /i255 /30 /10 /i255 /23 /25 /1 /6 /17 /10 /17 /i255 /1 /23 /1 /3 /7 /15 /12 /i255 /3 /7 /1 /17 /28 /10 /6 /12 /10 /7 /12 /i255 /17 /3 /15 /19 /5 /7 /7 /10 /19 /12 /i255 /17 /25 /6 /3 /7 /23 /i255 /25 /15 /10 /i255 /5 /4 /i255 /12 /22 /10/i255 /10 /58 /25 /3 /11/13/10/7 /12 /56 /i255 /48 /22 /10 /i255 /2 /5 /55 /57 /11 /6 /10 /15 /15 /25/6 /10 /i255 /22 /5 /15 /10 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /10 /58 /25 /3 /11 /11 /10 /17 /i255 /55 /3 /12 /22 /i255 /1 /i255 /15 /55 /3 /28 /10 /2 /i255 /1 /12 /12 /1 /19 /22/13/10/7 /12 /i255 /1 /12 /i255 /12 /22 /10 /i255 /4 /1 /19 /10 /11 /3 /10 /19 /10 /57 /13/5 /25 /7 /12 /10 /17 /i255 /6 /10 /23 /25 /2 /1 /12 /5 /6 /56 /i255 /i255
/48 /22 /10 /i255 /25 /15 /10 /6 /i255 /15 /22 /1 /2 /2 /i255/22 /10 /1 /6 /i255 /1 /7 /i255 /1 /25 /17 /3 /30 /2 /10 /i255 /15 /5 /25 /7 /17 /i255 /55 /22 /10 /7 /i255 /12 /22 /10 /i255 /6 /10 /23 /25 /2 /1 /12 /5 /6 /i255 /3 /15 /i255 /1 /12 /12 /1 /19 /22 /10 /17 /i255 /19 /5 /6 /6 /10 /19 /12 /2 /16 /i255 /12 /5 /i255 /12 /22 /10 /i255 /4/1 /19 /10 /11 /3 /10 /19 /10 /56 /i255 /48 /22 /10 /i255 /6 /10 /23 /25 /2 /1 /12 /5 /6 /i255 /19/5 /28 /10 /6 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /4 /1 /30 /6 /3 /19 /1 /12 /10 /17 /i255 /5 /4 /i255 /1 /i255 /4 /2 /1/13/10/i255 /6 /10 /15 /3 /15 /12 /1 /7 /12 /60 /i255 /22 /3 /23 /22 /i255 /3/13/11/1 /19 /12 /i255 /11 /2 /1 /15 /12 /3 /19 /56 /i255 /48 /22 /10 /i255 /30/6 /10 /1 /12 /22 /3 /7 /23 /i255 /6 /10 /23 /25 /2 /1 /12 /5 /6 /i255 /15 /22 /1 /2 /2 /i255/22 /1 /28 /10 /i255 /1 /i255 /17 /10/13/1/7 /17 /i255 /28 /1 /2 /28 /10 /i255 /12 /5 /i255 /17 /10 /2 /3 /28 /10 /6 /i255 /1 /3 /6 /i255 /12 /5 /i255 /12 /22 /10 /i255 /25 /15 /10 /6 /60 /i255 /1 /19 /12 /3 /28 /1 /12 /10 /17 /i255 /30 /16 /i255 /1 /i255 /17 /3 /1 /11 /22 /6 /1 /23/13/i255/6 /10 /15 /11 /5 /7 /15 /3 /28 /10 /i255 /12 /5 /i255 /6 /10 /15 /11 /3 /6 /1 /12 /3 /5 /7 /56 /i255 /i255 /24 /i255 /11 /25 /6 /23 /10 /61 /30 /16 /11 /1 /15/15 /i255 /28 /1 /2 /28 /10 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /15 /3 /12 /25 /1 /12 /10 /17 /i255 /1 /12 /i255 /12 /22 /10 /i255 /3 /7 /2 /10 /12 /i255 /5 /4 /i255 /12 /22 /10 /i255 /30 /6 /10 /1 /12 /22 /3 /7 /23 /i255 /6 /10 /23 /25 /2 /1 /12 /5 /6 /i255 /1 /7 /17 /i255 /17 /10 /2 /3 /28/10 /6 /i255 /1 /7 /i255 /1 /3 /6 /i255 /28 /5 /2 /25/13/10/i255/13/10/10 /12 /3 /7/23 /i255 /51 /14 /18 /24 /i255 /52 /53 /54 /52 /56 /i255 /48 /22 /10 /i255 /30 /6 /10 /1 /12 /22 /3 /7 /23 /i255 /6 /10 /23 /25 /2 /1 /12 /5 /6 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /1 /6 /6 /1 /7 /23 /10 /17 /i255 /12 /5 /i255 /17 /3 /6 /10 /19 /12 /i255 /12 /22 /10 /i255 /3/7 /19 /5/13/3/7 /23 /i255 /1 /3 /6 /i255 /5 /28 /10 /6 /i255 /12 /22 /10 /i255 /3 /7 /7 /10 /6 /i255/15 /25 /6 /4 /1 /19 /10 /i255 /5 /4 /i255 /12 /22 /10 /i255 /4 /1 /19 /10 /11 /3 /10 /19 /10 /i255 /4 /5 /6 /i255 /17 /10 /4 /5 /23 /23 /3 /7 /23 /i255 /11 /25 /6 /11 /5 /15 /10 /15 /56 /i255 /48 /22 /10 /i255 /19 /5/13/11/5 /7 /10 /7/12 /15 /i255 /5 /4 /i255 /12 /22 /10 /i255 /30 /6 /10 /1 /12 /22 /3 /7 /23 /i255 /6 /10 /23 /25 /2 /1 /12 /5 /6 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /19 /5 /7 /15 /12 /6 /25 /19 /12 /10 /17 /i255 /5 /4 /i255/13/1/12 /10 /6 /3 /1 /2 /15 /i255 /12 /22 /1 /12 /i255 /1 /6 /10 /i255/6 /10 /15 /3 /15 /12 /1 /7 /12 /i255 /12 /5 /i255 /19 /5 /6 /6 /5 /15 /3 /5 /7 /56 /i255 /48 /22 /10/i255 /6 /10 /23 /25 /2 /1 /12 /5 /6 /i255 /19 /5 /28 /10 /6 /i255 /15 /22 /1 /2 /2 /i255 /19 /5 /7 /12 /1 /3 /7 /i255 /1 /7 /i255 /1 /3 /6 /i255 /15 /22 /25 /12 /i255 /5 /4 /4 /i255 /15 /55 /3 /12 /19 /22 /56 /i255 /i255 /62 /43 /35 /44 /36 /i255 /40 /63 /i255 /44 /64 /36/63 /47 /35 /65 /i255 /66 /62 /40 /44 /67 /i255 /48 /22 /10 /i255 /68 /69 /9 /i255 /15 /16 /15 /12 /10/13/i255/15 /22 /1 /2 /2 /i255 /30 /10 /i255 /3 /7 /12 /10 /23 /6 /1 /12 /10 /17 /i255 /55 /3 /12 /22 /i255 /1 /i255 /6 /10 /23 /25 /2 /1 /12 /5 /6 /60 /i255 /6 /10 /17 /25 /19 /3 /7 /23 /i255 /15 /7 /1 /23 /i255 /22 /1 /70 /1 /6 /17 /15 /i255 /1 /7 /17 /i255 /3 /7 /19 /6/10 /1 /15 /3 /7 /23 /i255 /11 /6 /5 /17 /25 /19 /12 /i255 /17 /25 /6 /1 /30 /3/2 /3 /12 /16 /56 /i255 /68 /69 /9 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /11 /5 /55 /10 /6 /10 /17 /i255 /30 /16 /i255 /12 /22 /10 /i255 /20 /21 /0 /24 /71 /15 /i255 /15 /3 /7 /23 /2 /10 /i255 /11 /5 /55 /10 /6 /i255 /15 /25 /11 /11 /2 /16 /56 /i255 /68 /69 /9 /i255 /15/16 /15 /12 /10/13/i255/15 /22 /1 /2 /2 /i255 /10 /2 /3/13/3/7 /1 /12 /10 /i255 /12 /22 /10 /i255 /20/0 /21 /24 /i255 /4 /6 /5/13/i255/19 /5/13/13/25/7 /3 /19 /1 /12 /3 /7 /23 /i255 /55 /3 /12 /22 /i255 /5 /12 /22 /10 /6 /i255 /68 /69 /9 /i255 /25 /7 /3 /12 /15 /56 /i255 /48 /22 /10 /i255 /68 /69 /9 /i255 /15 /16 /15 /12 /10/13/i255/15 /22 /1/2 /2 /i255 /30 /10 /i255 /3/13/13/25/7 /10 /i255 /12 /5 /i255 /6 /1 /17 /3 /5 /i255 /4 /6 /10 /58 /25 /10/7 /19 /16 /i255 /3 /7 /12 /10 /6 /4 /10 /6 /10 /7 /19 /10 /i255 /72 /27 /14 /73 /74 /i255 /1 /7 /17 /i255/13/25/15 /12 /i255 /4 /25 /7 /19 /12 /3 /5 /7 /i255 /11 /6 /5 /11 /10 /6 /2 /16 /i255 /3 /7 /i255 /19 /2 /5 /15 /10 /i255 /11 /6 /5 /59 /3/13/3/12 /16 /i255 /12 /5 /i255/4 /3 /6 /10 /i255 /15 /10 /6 /28 /3 /19 /10 /i255 /22 /1 /7 /17 /57 /22 /10 /2 /17 /i255 /6 /1 /17 /3/5 /15 /56 /i255 /68 /69 /9 /i255 /15 /22 /1 /2 /2 /i255 /17 /3 /15 /11/2 /1 /16 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /i255 /11 /6 /10 /15 /15 /25 /6 /10 /i255 /3 /7 /i255 /3 /7 /19 /6 /10/13/10/7 /12 /15 /i255 /5 /4 /i255 /52 /32 /32/75/60/i255 /76 /77/75/60/i255 /77 /32/75/i255/1 /7 /17 /i255 /33 /33/75/i255/72 /1 /2 /2 /5/55 /3 /7 /23 /i255 /1 /i255 /28 /1 /6 /3 /1 /7 /19 /10 /i255 /5 /4 /i255 /78 /77 /75/60 /i255 /57 /32/75/74/56 /i255 /68 /69 /9 /i255 /15 /22 /1 /2 /2 /i255 /7 /5 /12 /i255 /22 /1 /28 /10 /i255 /1 /i255 /7 /25/13/10/6 /3 /19 /1 /2 /i255 /6 /10 /11 /6 /10 /15 /10 /7 /12 /1 /12 /3 /5 /7 /i255 /5 /4 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /i255 /11 /6 /10/15 /15 /25 /6 /10 /56 /i255 /68 /69 /9 /i255 /15 /16 /15 /12 /10/13/i255/15 /22 /1 /2 /2 /i255 /11 /6 /5 /28 /3 /17 /10 /i255 /25 /15 /10 /6 /i255 /55 /3 /12 /22 /i255 /6 /10/13/1/3 /7 /3 /7 /23 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /i255 /1 /3 /6 /i255 /28 /5 /2 /25/13/10/60 /i255 /1 /28 /1 /3 /2 /1 /30 /2 /10 /i255 /3 /7 /i255 /3 /7 /19 /6 /10/13/10/7 /12 /15 /i255 /12 /22 /6 /5 /25 /23 /22 /i255 /1 /i255 /15 /10 /6 /3 /10 /15 /i255 /5 /4 /i255 /19 /5 /2 /5 /6 /10 /17 /i255 /2 /3 /23 /22 /12 /15 /56 /i255 /68 /69 /9 /i255 /15 /22 /1 /2 /2 /i255 /22 /1 /28 /10 /i255 /1 /i255 /2 /5 /55 /i255 /30 /1 /12 /12 /10 /6 /16 /i255 /3 /7 /17 /3 /19 /1 /12 /3 /5 /7 /i255 /12 /22 /1 /12 /i255 /3 /15 /i255 /17 /3 /15 /12 /3 /7 /19 /12 /i255 /1 /7 /17 /i255 /17 /3 /15 /12 /3 /7 /23 /25 /3 /15 /22 /1 /30 /2 /10 /i255 /4 /6 /5/13/i255/12 /22 /10 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /i255 /11 /6 /10 /15 /15 /25 /6 /10 /i255 /3 /7 /17 /3 /19 /1 /12 /3 /5 /7 /15 /56 /i255 /68 /69 /9 /i255 /15 /22 /1 /2 /2 /i255 /22 /1 /28 /10 /i255 /1 /i255 /2 /3 /23 /22 /12 /i255 /15 /10 /7 /15 /3 /7 /23 /i255 /15 /16 /15 /12 /10/13/i255/12 /5 /i255 /30 /6 /3 /23 /22 /12 /10 /7 /i255 /5 /6 /i255 /17 /3/13/i255 /12 /22 /10 /i255 /68 /69 /9 /i255 /17 /3 /15 /11 /2 /1 /16 /i255 /1 /15 /i255 /10 /7 /28 /3 /6 /5 /7/13/10/7 /12 /15 /i255 /19 /22 /1 /7 /23 /10 /56 /i255 /i255 /i255 /79 /80 /80 /81 /82 /83/84/85/86 /80 /i255 /88

ATTACHMENT B
66 /0 /1 /2 /3 /4 /5 /6 /7 /3 /1 /i255 /9 /10 /11 /1 /6 /12/13/10/7 /12 /i255 /5 /4 /i255 /14 /5 /6 /10 /15 /12 /6 /16 /i255 /1 /7 /17 /i255 /14 /3 /6 /10 /i255 /18 /6 /5 /12 /10 /19 /12 /3 /5 /7 /i255 /20 /10 /2 /4 /i255 /0 /5 /7 /12 /1 /3 /7 /10 /17 /i255 /21 /6 /10 /1 /12 /22 /3 /7 /23 /i255 /24 /11 /11 /1 /6 /1 /12 /25 /15 /i255 /20 /11 /10 /19 /3 /4 /3 /19 /1 /12 /3 /5 /7/i255 /27 /10 /28 /3 /15 /10 /17 /29 /i255 /14 /10 /30 /6 /25 /1 /6 /16 /i255 /31 /32 /31 /31 /i255 /33 /i255 /34 /35 /36 /37/38/39/37 /40 /34 /41 /42/43 /44 /34 /i255 /46 /43/47/34/i255 /43 /35 /36 /43 /44 /48 /46/38/41/40 /i255 /49 /34/38/40/46 /43 /50 /i255 /51 /22 /10 /i255 /52/53/20/51 /54 /i255 /15 /22 /1/2 /2 /i255 /1 /19 /12 /3 /28 /1 /12 /10 /i255 /1 /12 /i255 /55 /55/56/i255/5 /4 /i255 /12 /22 /10 /i255 /6 /1 /12 /10 /17 /i255 /15 /10 /6 /28 /3 /19 /10 /i255 /2 /3 /4 /10 /i255 /5 /4 /i255 /12 /22 /10 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /i255 /57 /1 /2 /2 /5 /58 /3 /7 /23 /i255 /1 /i255 /28 /1/6 /3 /1 /7 /19 /10 /i255 /5 /4 /i255 /59 /60/56/61/i255 /62 /32/56/63/64
/51 /22 /10 /i255 /20 /0 /21 /24 /i255 /15 /22 /1/2 /2 /i255 /22 /1 /28 /10 /i255 /12 /58 /5 /i255 /52/53/20/51 /54 /61 /i255 /1 /i255 /12 /1 /19 /12 /3 /2 /10 /i255 /57 /5 /6 /i255 /1 /25 /17 /3 /30 /2 /10 /63 /i255 /1 /2 /1 /6/13/i255/1 /7 /17 /i255 /1 /i255 /65 /66 /9 /64 /i255 /51 /22 /10 /i255 /11 /6 /3/13/1/6 /16/i255 /52/53/20/51 /54 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /12 /22 /10 /i255 /3 /7 /12 /10 /23 /6 /1 /2 /i255/2 /5 /58 /62 /11 /6 /10 /15 /15 /25 /6 /10 /i255 /1 /2 /1 /6/13/i255/17 /10 /28 /3 /19 /10 /i255 /12 /22 /1 /12 /i255 /15 /22 /1 /2 /2 /i255 /22 /1 /28 /10 /i255 /1 /7 /i255 /1 /25 /17 /3 /30 /2 /10 /i255 /1 /2 /1 /6/13/64/i255 /51 /22 /10 /i255 /15 /10 /19 /5 /7/17 /1 /6 /16 /i255 /52/53/20/51 /54 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /1 /i255 /28 /3 /15 /25 /1/2 /i255 /1 /2 /1 /6/13/i255/17 /10 /28 /3 /19 /10 /64 /i255 /i255 /67 /48 /41 /35 /34 /40 /40 /i255
/24 /i255 /2 /3 /23 /22 /12 /58 /10 /3 /23 /22 /12 /i255 /2 /25/13/30/1 /6 /i255 /15 /25 /11 /11 /5 /6 /12 /i255 /15 /12 /16 /2 /10 /i255 /30 /1 /19 /68 /i255 /4 /6 /1/13/10/i255 /1 /7 /17 /i255 /22 /1 /6 /7 /10 /15 /15 /i255 /1 /15 /15 /10/13/30/2 /16 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /25 /15 /10 /17 /i255 /12 /5/i255 /19 /1 /6 /6 /16 /i255 /12 /22 /10 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /i255 /1 /7 /17 /i255 /28 /1/2 /28 /10 /i255 /1 /15 /15 /10/13/30/2 /16 /i255 /1 /7 /17 /i255 /12 /22 /10 /i255 /11 /6 /10 /15 /15 /25 /6 /10 /i255 /6 /10 /17 /25 /19 /3 /7 /23 /i255 /6 /10 /23 /25 /2 /1 /12 /5 /6 /i255 /1 /15 /15 /10/13/30/2 /16 /64 /i255 /51 /22 /10 /i255 /30 /1 /19 /68/i255 /4 /6 /1/13/10/i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /19 /5 /7 /12 /5 /25 /6 /10 /17 /i255 /12/5 /i255 /4 /5 /2 /2 /5 /58 /i255 /12 /22 /10 /i255 /15 /22 /1 /11 /10 /i255 /5 /4 /i255 /12 /22 /10 /i255 /25 /15 /10 /6 /15 /i255 /30 /1 /19 /68 /64 /i255 /i255 /51 /22 /10 /i255 /22 /1 /6 /7 /10 /15 /15 /i255 /1/15 /15 /10/13/30/2 /16 /i255 /15 /22 /1 /2 /2 /i255 /3 /7 /19 /5 /6 /11 /5 /6 /1 /12 /10 /i255 /11 /1 /6 /1 /19 /22 /25 /12 /10 /62 /12 /16 /11 /10 /61 /i255 /69 /25 /3 /19 /68 /i255 /6 /10 /2 /10 /1 /15 /10 /i255 /30 /25 /19 /68 /2 /10 /15 /i255 /1 /7 /17 /i255 /15/22 /1 /2 /2 /i255 /3 /7 /19 /2 /25 /17 /10 /i255 /15 /22 /5 /25 /2 /17 /10 /6 /i255 /1 /7 /17 /i255 /22/3 /11 /i255 /11 /1 /17 /15 /64 /i255 /0 /5 /2 /2 /10 /19 /12 /3 /5 /7 /i255 /11 /5 /3 /7 /12 /15 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /1 /19 /19 /10 /15 /15 /3 /30 /2 /10 /i255 /3 /7 /i255 /1 /7 /i255 /10/13/10/6 /23 /10 /7 /19 /16 /i255 /15 /3 /12 /25 /1 /12 /3 /5/7 /i255 /12 /5 /i255 /10 /70 /12 /6 /1 /19 /12 /i255 /1 /i255 /17 /5 /58 /7 /10 /17 /i255 /4 /3 /6 /10 /4 /3 /23 /22/12 /10 /6 /i255 /12 /5 /i255 /15 /1 /4 /10 /12 /16 /64 /i255 /51 /22 /10 /i255 /15 /22 /5 /25 /2 /17 /10 /6 /i255 /15 /12 /6 /1 /11 /i255 /15 /22 /1 /2 /2 /i255 /22 /1 /28 /10 /i255 /6 /10 /12 /6 /5 /i255 /6 /10 /4 /2 /10 /19 /12 /3 /28 /10 /i255/13/1/6 /68 /3 /7 /23 /15 /i255 /4 /5/6 /i255 /30 /10 /12 /12 /10 /6 /i255 /28 /3 /15 /3 /30 /3 /2 /3 /12 /16 /i255 /58 /3 /12 /22 /3 /7 /i255/2 /5 /58 /i255 /2 /3 /23 /22 /12 /i255 /19 /5 /7 /17 /3 /12 /3 /5 /7 /15 /64 /i255 /i255 /34/47/34/41/71/34/35 /44 /72 /i255/73 /41 /34 /48 /46 /67 /43 /35/71/i255/40 /74 /75 /75/38/41/46 /i255 /40 /72 /40 /46 /34/47/i255/76 /73 /74 /36 /36 /72 /i255 /73 /41 /34 /48 /46 /67 /43 /35/71/77/i255 /49 /34 /73 /40 /40 /50 /i255 /51 /22 /10 /i255 /20 /0 /21 /24 /i255 /15 /22 /1/2 /2 /i255 /3 /7 /19 /5 /6 /11 /5 /6 /1 /12 /10 /i255 /1 /i255 /17 /25 /1 /2 /i255 /52 /21 /20 /20 /i255 /12 /22 /1 /12 /i255 /3 /15 /i255 /1 /11 /11 /6 /5 /28 /10 /17 /i255 /12 /5 /i255 /78 /54/53/20/65 /i255 /33 /31 /i255 /0 /14 /27 /i255 /18 /1 /6 /12 /i255 /79 /33/i255 /1 /7 /17 /i255 /78 /14 /18 /24 /i255 /80 /81 /79 /80 /64 /i255 /51 /22 /10 /i255 /17 /25 /1/2 /i255 /52 /21 /20 /20 /i255 /15 /22 /1 /2 /2 /i255 /22 /1 /28 /10 /i255 /10 /1 /19 /22 /i255 /5 /4 /i255 /12 /22 /10 /i255 /4 /5 /2 /2 /5 /58 /3 /7 /23 /i255 /6 /10 /69 /25 /3 /6 /10/13/10/7 /12 /15 /29 /i255 /82/24/i255/13/1/7 /3 /4/5 /2 /17 /i255 /58 /3 /12 /22 /i255 /1 /i255 /4 /10/13/1/2 /10 /i255 /15 /5 /19 /68 /10 /12 /i255 /1 /7 /17 /i255/13/1/2 /10 /i255 /11 /2 /25 /23 /61 /i255 /30 /5 /12 /22 /i255 /5 /4 /i255 /58 /22 /3 /19 /22 /i255 /22 /1 /28 /10 /i255 /19 /22 /10 /19 /68 /i255 /28 /1 /2 /28/10 /15 /82/33/32 /83 /i255/13/3/7 /3/13/25 /13/i255/2 /5 /58 /62 /11 /6 /10 /15 /15 /25 /6 /10 /i255 /22 /5 /15 /10 /82/24/i255 /11 /5 /25 /19 /22/i255 /4 /5 /6 /i255 /15 /12 /5 /6 /3 /7 /23 /i255 /12 /22 /10 /i255 /22 /5 /15 /10 /82/24/i255 /17 /25 /15 /12 /i255 /19/1 /11 /i255 /4 /5 /6 /i255 /12 /22 /10 /i255 /4 /10/13/1/2 /10 /i255 /15 /5 /19 /68 /10 /12 /i255 /1 /7 /17 /i255/13/1/2 /10 /i255 /11 /2 /25 /23 /51 /22 /10 /i255 /17 /25 /1 /2 /i255 /52 /21 /20 /20/i255 /15 /16 /15 /12 /10/13/i255/15 /22 /1 /2 /2 /i255 /30 /10 /i255 /2 /5 /19 /1 /12 /10 /17 /i255 /5 /7 /i255 /12 /22 /10 /i255 /58 /10 /1 /6 /10 /6 /84 /15 /i255 /15 /3 /17 /10 /i255 /1 /7 /17 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /19 /1 /11 /1 /30 /2 /10 /i255 /5 /4 /i255/1 /2 /2 /5 /58 /3 /7 /23 /i255 /4 /5 /6 /i255 /15 /3 /70 /i255 /4 /10 /10 /12 /i255 /5 /4 /i255 /22 /5 /15 /10/i255 /30 /10 /12 /58 /10 /10 /7 /i255 /2 /3 /68 /10 /i255 /15 /16 /15 /12 /10/13/15/64 /i255 /51 /22 /10 /i255 /22 /5 /15 /10 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255/13/1/17 /10 /i255 /5 /4 /i255 /22 /3 /23 /22 /i255 /12 /10/13/11/10 /6 /1 /12 /25 /6 /10 /i255 /6 /25/30 /30 /10 /6 /61 /i255 /19 /1 /11 /1 /30 /2 /10 /i255 /5 /4 /i255 /15 /25 /15/12 /1 /3 /7 /3 /7 /23 /i255 /1 /i255/13/1/70 /3/13/25 /13/i255/31 /60 /32 /i255 /11 /15 /3 /23 /i255 /5 /4 /i255 /11 /6 /10 /15 /15 /25 /6 /10 /64 /i255 /51 /22 /10 /i255 /4 /10/13/1/2 /10 /i255 /15 /5 /19/68 /10 /12 /i255 /1 /7 /17 /i255/13/1/2 /10 /i255 /11 /2 /25 /23 /i255 /15 /22 /1 /2 /2 /i255 /22 /1 /28 /10 /i255 /15 /11 /1 /19 /3 /7 /23 /i255 /12 /5 /i255 /11 /6 /10 /28 /10 /7 /12 /i255 /15 /3/13/25/2 /12 /1 /7 /10 /5 /25 /15 /i255 /19 /5 /7 /7 /10 /19/12 /3 /5 /7 /15 /64 /i255 /51 /22 /10 /i255 /4 /10/13/1/2 /10 /i255 /15 /5 /19 /68 /10 /12 /i255/15 /22 /1 /2 /2 /i255 /22 /1 /28 /10 /i255 /1 /i255 /17 /5 /25 /30 /2 /10 /i255 /1 /19 /12 /3 /5 /7 /i255 /12 /5 /i255 /17 /3 /15 /10 /7 /23 /1 /23 /10 /61 /i255 /7 /5 /12 /10 /17 /i255 /1 /15 /i255 /1 /i255 /85 /11 /25 /15 /22 /62 /3 /7 /86 /11 /25 /2 /2 /62 /30 /1 /19 /68/64 /83 /i255 /51 /22 /10 /i255 /4 /10/13/1/2 /10 /i255 /15 /5 /19 /68 /10 /12 /i255 /15 /22 /1 /2 /2 /i255 /22 /1/28 /10 /i255 /1 /7 /i255 /3 /7 /12 /10 /6 /7 /1 /2 /i255 /19 /22 /10 /19 /68 /i255 /28 /1 /2 /28 /10 /i255 /58 /22 /3 /2 /10 /i255 /12 /22 /10 /i255/13/1/2 /10 /i255 /11 /2 /25 /23 /i255 /15 /22 /1 /2 /2 /i255 /22 /1 /28 /10 /i255 /1 /7 /i255 /10 /70 /12 /10 /6 /7 /1 /2 /i255 /19/22 /10 /19 /68 /i255 /28 /1 /2 /28 /10 /64 /i255 /i255 /51 /22 /10 /i255 /19 /5 /7 /12 /1 /3 /7/13/10/7 /12 /i255 /15 /16 /15 /12 /10/13/i255/15 /22 /1 /2 /2 /i255 /3 /7 /19 /2 /25 /17 /10 /i255 /1 /i255 /11 /5 /25 /19 /22 /i255 /1 /7 /17 /i255 /30 /10 /i255/13/1/17 /10 /i255 /5 /4 /i255 /11 /1 /6 /1 /62 /1 /6 /1/13/3/17 /i255/13/1/12 /10 /6 /3 /1 /2 /15 /64 /i255 /51 /22 /10 /i255 /19 /5 /7 /12 /1 /3 /7/13/10/7 /12 /i255 /15 /16 /15 /12 /10/13/i255/15 /22 /1 /2 /2 /i255 /30 /10 /i255 /19 /1 /11 /1 /30 /2 /10 /i255 /5 /4 /i255 /15 /12 /5 /6 /3 /7 /23 /i255 /1 /i255/13/3/7 /3/13/25 /13/i255/5 /4 /i255 /33 /32 /83 /i255 /5 /4 /i255 /22 /5 /15 /10 /64 /i255 /51 /22 /10 /i255 /11 /5 /25 /19 /22 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /1 /12 /12 /1 /19 /22 /10 /17 /i255 /12 /5 /i255 /12 /22 /10 /i255 /20 /0 /21 /24 /i255 /1 /7 /17 /i255 /30 /10 /i255 /6 /10 /1 /17 /3 /2 /16 /i255 /1 /19 /19 /10 /15 /15 /3 /30 /2 /10 /64 /i255 /51 /22 /10 /6 /10 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /12 /22 /10 /i255 /1 /30 /3 /2 /3 /12 /16 /i255 /12 /5 /i255 /25 /11 /23 /6 /1 /17 /10 /i255 /12 /5 /i255 /15 /25 /30 /15 /10 /69 /25 /10 /7 /12 /i255 /10 /17 /3 /12 /3 /5 /7 /15 /i255 /5 /4 /i255 /78 /14 /18 /24 /i255 /80 /81 /79 /80 /64 /i255 /87 /88 /88 /89 /90 /91/92/93/94 /88 /i255 /96

ATTACHMENT B
67 /0 /1 /2 /3 /4 /5 /6 /7 /3 /1 /i255 /9 /10 /11 /1 /6 /12/13/10/7 /12 /i255 /5 /4 /i255 /14 /5 /6 /10 /15 /12 /6 /16 /i255 /1 /7 /17 /i255 /14 /3 /6 /10 /i255 /18 /6 /5 /12 /10 /19 /12 /3 /5 /7 /i255 /20 /10 /2 /4 /i255 /0 /5 /7 /12 /1 /3 /7 /10 /17 /i255 /21 /6 /10 /1 /12 /22 /3 /7 /23 /i255 /24 /11 /11 /1 /6 /1 /12 /25 /15 /i255 /20 /11 /10 /19 /3 /4 /3 /19 /1 /12 /3 /5 /7/i255 /27 /10 /28 /3 /15 /10 /17 /29 /i255 /14 /10 /30 /6 /25 /1 /6 /16 /i255 /31 /32 /31 /31 /i255 /33 /i255 /34 /35 /36 /37 /38 /39 /40 /41 /42 /i255 /41/36 /39 /i255 /44/45/35/35 /38 /44 /46 /36/45/35/i255 /47 /34 /41 /44 /48 /i255 /49 /i255 /39 /41 /50 /36 /51 /i255 /36 /35 /46 /38 /39 /37 /38 /35 /46 /36/45/35/i255 /44 /39 /38/52/i255/47 /39 /36 /44 /48 /i255 /53 /22 /10 /i255 /20 /0 /21 /24 /i255 /15 /22 /1/2 /2 /i255 /3 /7 /19 /5 /6 /11 /5 /6 /1 /12 /10 /i255 /1 /i255 /54 /24 /0 /55 /27 /56 /0 /i255 /4 /3 /12 /12 /3 /7 /23 /i255 /12 /5 /i255 /30 /10 /i255 /19 /5/13/11/2 /3 /1 /7 /12 /i255 /57 /3 /12 /22 /i255 /58 /14 /18 /24 /i255 /59 /60 /61 /59 /62 /i255 /3 /7 /19 /2 /25/17 /3 /7 /23 /i255 /2 /5 /19 /1 /12 /3 /5 /7 /i255 /6 /10 /63 /25 /3 /6 /10/13/10/7 /12 /15 /64 /i255/53 /22 /10 /i255 /54 /0 /24 /55 /27 /56 /0 /i255 /15 /16 /15 /12 /10/13/i255/15 /22 /1 /2 /2 /i255 /30 /10 /i255 /19 /1 /11 /1 /30 /2 /10 /i255 /5 /4 /29 /i255 /i255 /65/27/10 /4 /3 /2 /2 /3 /7 /23/i255 /57 /3 /12 /22 /3 /7 /i255 /56 /9 /66 /67 /i255 /1 /12/13/5/15 /11 /22 /10 /6 /10 /15 /65/68 /25/3 /19 /69 /2 /16 /i255/6 /10 /4 /3 /2 /2 /3 /7 /23 /i255 /70 /1 /11 /11 /6 /5 /71 /3/13/1/12 /10 /2 /16 /i255 /5 /7 /10 /i255/13/3/7 /25 /12 /10 /i255 /17 /25 /6 /1 /12 /3 /5 /7 /72 /i255 /20 /0 /21 /24 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /i255 /4 /6 /5/13/i255/13/5/30 /3/2 /10 /19 /5/13/11/6 /10 /15/15 /5 /6 /62 /i255 /19 /1 /15 /19 /1 /17 /10 /i255 /15 /16 /15 /12 /10/13/i255/5 /6 /i255 /27 /56 /0 /i255 /11 /1 /19 /69 /65/73/71 /12 /10 /7 /17 /3 /7/23 /i255 /25 /15 /10 /6 /74 /15 /i255 /1 /3 /6 /i255 /15 /25 /11 /11 /2 /16 /i255 /5 /28 /10 /6 /i255 /2 /5 /7 /23 /10 /6 /i255 /17 /25 /6 /1 /12 /3 /5 /7 /i255 /57 /22 /10 /7 /i255 /6 /10/13/5/12 /10 /i255 /19 /1 /15 /19 /1 /17 /10 /i255 /15 /16 /15 /12 /10 /13/i255 /5 /6 /i255 /5 /12 /22 /10 /6 /19 /5/13/11/6 /10 /15/15 /10 /17 /i255 /23 /1 /15 /i255 /15 /5 /25 /6 /19 /10 /i255 /3 /15 /i255 /2 /5 /19 /1 /12 /10 /17 /i255 /57 /3 /12 /22 /3 /7 /i255 /6 /10/13/5/12 /10 /i255 /1 /6 /10 /1 /53 /22 /10 /i255 /54 /24 /0 /55 /27 /56 /0 /i255/3 /7 /2 /10 /12 /i255 /19 /5 /7 /7 /10 /19 /12 /3 /5 /7 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /57 /3 /12 /22 /3 /7 /i255 /75 /76 /i255 /70 /75 /77 /3 /7 /19 /22 /10 /15 /72 /i255 /5 /4 /i255 /12 /22 /10 /i255 /12 /3 /11 /i255 /5 /4 /i255 /12 /22 /10 /i255 /0 /5/13/11/6 /10 /15 /15/10 /17 /i255/78/1/15 /i255 /24 /15 /15 /5 /19 /3 /1 /12 /3 /5 /7 /i255 /70 /0/78/24/72 /i255 /12 /22 /6 /10 /1 /17 /15 /i255 /5 /4 /i255 /12 /22 /10 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /i255 /28 /1 /2 /28 /10 /64 /i255 /53 /22 /10 /i255 /54 /24 /0 /55 /27 /56 /0 /i255 /15 /22 /1 /2 /2 /i255 /19 /5 /7 /15 /3 /15 /12 /i255 /5 /4 /i255 /1 /i255 /19 /5 /7 /7/10 /19 /12 /3 /5 /7 /i255 /4 /5 /6 /i255 /1 /12 /12 /1 /19 /22 /3 /7 /23 /i255 /1 /i255 /22 /3 /23/22 /77 /11 /6 /10 /15 /15 /25 /6 /10 /i255 /1 /3 /6 /i255 /15 /5 /25 /6 /19 /10 /i255 /1 /7 /17 /i255 /1 /i255 /15 /10 /2 /4 /77 /6 /10 /15 /10 /12 /12 /3 /7 /23 /i255 /6 /10 /2 /3 /10 /4 /i255 /28 /1 /2 /28 /10 /i255 /1 /2 /2 /5 /57 /3 /7 /23 /i255 /1 /i255 /22 /3 /23 /22 /10 /6/i255 /11 /6 /10 /15 /15 /25 /6 /10 /i255 /12 /22 /1 /7 /i255 /12 /22 /1 /12 /i255 /5 /4 /i255 /12 /22 /10/i255 /20 /0 /21 /24 /i255 /12 /5 /i255 /30 /10 /i255 /1 /12 /12 /1 /19 /22 /10 /17 /i255 /12 /5 /i255 /12 /22 /10 /i255 /20 /0 /21 /24 /64 /i255 /53 /22 /10 /i255 /54 /24 /0 /55 /27 /56 /0 /i255 /15 /22 /1 /2 /2 /i255 /22 /1 /28 /10 /i255 /1 /i255 /19 /22 /10 /19 /69 /i255/28 /1 /2 /28 /10 /i255 /12 /5 /i255 /11 /6 /10 /28 /10 /7 /12 /i255 /12 /22 /10 /i255 /2 /5 /15/15 /i255 /5 /4 /i255 /1 /3 /6 /i255 /57 /22 /10 /7 /i255 /12 /22 /10 /i255 /22 /3 /23 /22 /77 /11 /6 /10 /15 /15 /25 /6 /10 /i255 /1 /3 /6 /i255 /15 /5 /25 /6 /19 /10 /i255 /22 /1 /15 /i255 /30 /10 /10 /7 /i255 /17 /3 /15 /19 /5 /7 /7 /10 /19 /12 /10 /17 /64 /i255 /53 /22 /10/i255 /54 /24 /0 /55 /27 /56 /0 /i255 /19 /5 /7 /7 /10 /19 /12 /3 /5 /7 /i255 /15 /22 /1/2 /2 /i255 /30 /10 /i255 /19 /1 /11 /1 /30 /2 /10 /i255 /5 /4 /i255 /3 /2 /2 /25/13/3/7 /1 /12 /3 /5 /7 /64 /i255 /38 /42 /38 /44 /46 /39/45/35/36 /44 /i255/37/45/36/44 /38 /i255 /41/79/50/42 /36 /80 /36 /44 /41 /46 /36/45/35/i255 /53 /22 /10 /i255 /20 /0 /21 /24 /i255 /15 /22 /1/2 /2 /i255 /22 /1 /28 /10 /i255 /1 /i255 /19 /5/13/11/1 /12 /3 /30 /2 /10 /i255 /28 /5 /3 /19 /10 /i255 /1/13/11/2 /3 /4 /3 /19 /1 /12 /3 /5 /7 /i255 /17 /10 /28 /3 /19 /10 /i255 /12 /5 /i255 /10 /2 /10 /19 /12 /6 /5 /7 /3 /19 /1 /2 /2 /16 /i255 /11 /6 /5 /81 /10 /19 /12/i255 /12 /22 /10 /i255 /25 /15 /10 /6 /74 /15 /i255 /28 /5 /3 /19 /10 /64 /i255 /53 /22 /10 /i255 /17 /10 /28/3 /19 /10 /i255 /15 /22 /1 /2 /2 /i255 /22 /1 /28 /10 /i255 /1 /7 /i255 /5 /7 /55 /5 /4 /4 /i255 /30 /25 /12 /12 /5 /7 /i255 /12 /5 /i255 /1 /2 /2 /5 /57 /i255 /25 /15 /10 /6 /15 /i255 /12 /5 /i255/13/1/7 /25 /1 /2 /2 /16 /i255 /11 /5 /57 /10 /6 /i255 /5 /4 /4 /i255 /1 /15 /i255/7 /10 /10 /17 /10 /17 /i255 /57 /22 /3 /2 /10 /i255 /5 /7 /i255 /5 /6 /i255 /5 /4 /4 /i255 /1 /3 /6 /64 /i255 /53 /22/10 /i255 /5 /7 /55 /5 /4 /4 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /19 /5 /28 /10 /6 /10 /17 /i255 /57 /3 /12 /22 /i255 /1 /i255 /15 /22 /10 /1 /12 /22 /i255/13/1/17 /10 /i255 /5 /4 /i255 /15 /3 /2 /3 /19 /5 /7 /10 /i255/13/1/12 /10 /6 /3 /1 /2 /64 /i255 /82 /5 /3 /19/10 /i255 /1/13/11/2 /3 /4 /3 /10 /6 /15 /i255 /15 /22 /1 /2 /2 /i255 /22 /1 /28 /10 /i255 /1 /i255 /2 /3 /23/22 /12 /i255 /12 /5 /i255 /3 /7 /17 /3 /19 /1 /12 /10 /i255 /12 /22 /1 /12 /i255 /12 /22 /10 /i255 /17 /10 /28 /3 /19 /10 /i255 /3 /15 /i255 /11 /5 /57 /10 /6 /10 /17 /i255 /5 /7 /64 /i255 /53 /22 /10 /i255 /17 /10 /28 /3 /19 /10 /i255 /15 /22 /1 /2 /2 /i255 /11 /6 /5 /28 /3 /17 /10 /i255 /1/25 /17 /3 /30 /2 /10 /i255 /12 /5 /7 /10 /15 /i255 /12 /5 /i255 /3 /7 /17 /3 /19 /1 /12 /10 /i255 /57 /22 /10/7 /i255 /12 /22 /10 /i255 /15 /16 /15 /12 /10/13/i255/22 /1 /15 /i255 /30 /10 /10 /7 /i255 /10 /7 /10 /6 /23 /3 /83 /10 /17 /62 /i255 /17 /10 /77 /10 /7 /10 /6 /23 /3 /83 /10 /17 /i255 /1 /7 /17 /i255 /12 /5 /i255 /11 /6 /5 /28 /3 /17 /10 /i255 /1 /i255 /2 /5 /57 /i255 /30/1 /12 /12 /10 /6 /16 /i255 /3 /7 /17 /3 /19 /1 /12 /3 /5 /7 /64 /i255
/53 /22 /10 /i255 /1/13/11/2 /3 /4 /3 /10 /6 /i255 /15/22 /1 /2 /2 /i255 /19 /5 /7 /12 /1 /3 /7 /i255 /1 /i255 /19 /25 /15 /12 /5/13/i255/15 /11 /10 /1 /69 /10 /6 /i255 /17 /10 /15 /3 /23 /7 /10 /17 /i255 /4 /5 /6 /i255 /11 /25 /15 /22 /3 /7 /23 /i255 /15 /5 /25 /7 /17 /i255 /12 /22 /6 /5 /25 /23 /22 /i255 /30 /1/19 /69 /23 /6 /5 /25 /7 /17 /i255 /7 /5 /3 /15 /10 /15 /i255 /19 /5/13/13/5/7 /2 /16 /i255 /4 /5 /25 /7 /17 /i255 /1 /12 /i255 /10/13/10/6 /23 /10 /7 /19 /16 /i255 /3 /7 /19 /3 /17 /10 /7 /12 /15 /64 /i255 /53 /22 /10 /i255 /17 /10 /28 /3 /19 /10 /i255 /15 /22 /1 /2 /2 /i255 /7 /5 /12 /i255 /4 /10 /10 /17 /30 /1 /19 /69 /i255 /4 /5 /6 /i255 /2 /5 /7/23 /10 /6 /i255 /12 /22 /1 /7 /i255 /5 /7 /10 /i255 /15 /10 /19 /5 /7 /17 /i255 /57 /22 /10 /7 /i255 /57/5 /6 /7 /i255 /57 /3 /12 /22 /i255 /1 /i255 /2 /10 /28 /10 /2 /i255 /24 /i255 /67 /24 /84/85/24/53 /i255 /15 /25 /3 /12 /64 /i255 /53 /22 /10 /i255 /17 /10 /28 /3 /19 /10 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /1 /30 /2 /10 /i255 /12 /5 /i255 /11 /6 /5 /28 /3 /17 /10 /i255 /12 /22/10 /i255 /58 /14 /18 /24 /i255 /13/3/7 /3/13/25 /13/i255/20 /11 /10 /10/19 /22 /i255 /53 /6 /1 /7 /15/13/3/15 /15 /3 /5 /7 /i255 /56 /7 /17 /10 /71 /i255 /70 /20 /53 /56 /72 /i255 /15 /19 /5 /6 /10 /i255 /6 /10 /63 /25 /3 /6 /10/13/10/7 /12 /i255 /5 /4 /i255 /32 /64 /86 /32 /64 /i255 /50 /39 /38 /40 /40 /34 /39 /38 /i255 /39 /38/51 /34 /44 /38 /39 /i255/52/36/46 /87 /i255 /44 /88 /42 /36 /35 /51 /38 /39 /i255 /44/45/35/35 /38 /44 /46 /36/45/35/i255 /53 /22 /10 /i255 /11 /6 /10 /15 /15 /25 /6 /10 /77 /6/10 /17 /25 /19 /3 /7 /23 /i255 /6 /10 /23 /25 /2 /1 /12 /5 /6 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255/13/5/25 /7 /12 /10 /17 /i255 /1 /12 /i255 /12 /22 /10 /i255 /57 /1 /3 /15 /12 /i255 /5 /7 /i255 /12 /22 /10 /i255 /30 /1 /19 /69 /i255 /4 /6 /1/13/10/i255 /1 /7 /17/i255 /30 /10 /i255 /19 /5 /25 /11 /2 /10 /17 /i255 /12 /5 /i255 /12 /22 /10 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /i255/28 /1 /2 /28 /10 /i255 /12 /22 /6 /5 /25 /23 /22 /i255 /1 /i255 /4 /1 /15 /12 /i255 /1 /19 /12 /3 /7 /23 /i255 /11 /25 /15 /22 /i255 /12 /5 /i255 /19 /5 /7 /7 /10 /19 /12 /i255 /1 /12 /12 /1 /19 /22/13/10/7 /12 /i255 /5 /6 /i255 /0/78/24/64 /i255 /53 /22 /10 /i255 /11/6 /10 /15 /15 /25 /6 /10 /77 /6 /10 /17 /25 /19 /3 /7 /23 /i255 /6 /10 /23 /25 /2 /1/12 /5 /6 /i255 /15 /22 /1 /2 /2 /i255 /22 /1 /28 /10 /i255 /1 /7 /i255 /3 /7 /19 /5 /6 /11 /5 /6 /1 /12 /10 /17 /i255 /6 /10 /2 /3 /10 /4 /i255 /28 /1 /2 /28 /10 /62 /i255 /6 /10 /15 /10 /1 /12 /77 /1 /30 /2 /10 /i255 /5 /28 /10 /6 /i255 /11 /6 /10 /15 /15 /25 /6 /3 /83 /1/12 /3 /5 /7 /64 /i255 /53 /22 /10 /i255 /6 /10 /2 /3 /10 /4 /i255 /28 /1 /2 /28 /10 /i255 /15 /22 /1/2 /2 /i255 /11 /6 /10 /28 /10 /7 /12 /i255 /12 /22 /10 /i255 /1 /12 /12 /1 /19 /22 /10 /17 /i255 /2 /5 /57 /77 /11 /6 /10 /15 /15 /25 /6 /10 /i255 /22 /5 /15 /10 /i255 /1 /7 /17 /i255 /4 /1 /19 /10 /11 /3 /10 /19 /10 /77/13/5/25 /7 /12 /10 /17 /i255 /30 /6 /10/1 /12 /22 /3 /7 /23 /i255 /6 /10 /23 /25 /2 /1 /12 /5 /6 /i255 /4 /6 /5/13/i255/30 /10 /3 /7 /23 /i255 /15 /25 /30 /81 /10 /19 /12 /10 /17 /i255 /12 /5 /i255 /22 /3 /23 /22 /i255 /11 /6 /10 /15 /15 /25 /6 /10 /64 /i255 /90 /91 /91 /92 /93 /94/95/96/97 /91 /i255 /99

ATTACHMENT B
68 /0 /1 /2 /3 /4 /5 /6 /7 /3 /1 /i255 /9 /10 /11 /1 /6 /12/13/10/7 /12 /i255 /5 /4 /i255 /14 /5 /6 /10 /15 /12 /6 /16 /i255 /1 /7 /17 /i255 /14 /3 /6 /10 /i255 /18 /6 /5 /12 /10 /19 /12 /3 /5 /7 /i255 /20 /10 /2 /4 /i255 /0 /5 /7 /12 /1 /3 /7 /10 /17 /i255 /21 /6 /10 /1 /12 /22 /3 /7 /23 /i255 /24 /11 /11 /1 /6 /1 /12 /25 /15 /i255 /20 /11 /10 /19 /3 /4 /3 /19 /1 /12 /3 /5 /7/i255 /27 /10 /28 /3 /15 /10 /17 /29 /i255 /14 /10 /30 /6 /25 /1 /6 /16 /i255 /31 /32 /31 /31 /i255 /33 /i255 /34 /35 /36 /37 /38 /39 /40 /41 /42 /i255
/0 /16 /2 /3 /7 /17 /10 /6 /15 /i255 /44 /3 /12 /22 /i255/45 /46 /32 /32 /i255 /11 /15 /3 /23 /i255 /5 /11 /10 /6 /1 /12 /3 /7 /23 /i255 /11 /6 /10 /15 /15 /25 /6 /10 /i255/13/25/15 /12 /i255 /30 /10 /i255 /1 /28 /1 /3 /2 /1 /30 /2 /10 /i255 /3 /7 /i255 /1 /i255/13/3/7 /3/13/25 /13/i255/28 /5 /2 /25/13/10/i255/5 /4 /i255 /33 /46 /i255 /19 /25 /30 /3 /19 /i255 /4 /10 /10 /12 /47 /i255 /45 /46 /48/13/3/7 /25 /12 /10/15 /i255 /3 /7 /i255 /17 /25 /6 /1 /12 /3 /5 /7 /47 /i255 /1 /7 /17 /i255 /44 /3 /12 /22 /i255 /1 /i255 /2 /5 /44 /48 /11 /6 /5 /4 /3 /2 /10 /i255 /17 /10 /15 /3 /23 /7 /49 /i255 /0 /16 /2 /3 /7 /17 /10 /6 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /19 /5 /7 /15 /12 /6 /25 /19 /12/10 /17 /i255 /5 /4 /i255 /17 /10 /10 /11 /48 /17 /6 /1 /44 /7 /47 /i255 /15 /10 /1/13/2/10/15 /15 /i255 /1 /2 /25/13/3/7 /25/13/i255/2 /3 /7 /10 /6 /i255 /12 /22 /1 /12 /i255 /3 /15 /i255 /4 /25 /2 /2 /16 /i255 /44 /5 /25 /7 /17 /i255 /5 /28 /10 /6 /i255 /10 /7 /12 /3 /6 /10 /i255 /15 /25 /6 /4 /1 /19 /10 /i255 /51 /10 /52 /19 /10 /11 /12 /i255 /4 /5 /6 /i255 /12 /22 /3/19 /53 /i255 /7 /10 /19 /53 /i255 /1 /6 /10 /1 /54 /i255 /44 /3 /12 /22 /i255 /22 /3 /23 /22 /48 /15 /12 /6 /10 /7/23 /12 /22 /i255 /19 /1 /6 /30 /5 /7 /i255 /4 /3 /30 /10 /6 /i255 /4 /3 /2 /1/13/10/7 /12 /15 /i255 /3/13/11/6 /10 /23 /7 /1 /12 /10 /17 /i255 /44 /3 /12 /22 /i255 /10 /11 /5 /52 /16 /i255 /6 /10 /15 /3 /7 /49 /i255 /55 /22 /10 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /i255 /15/22 /1 /2 /2 /i255 /22 /1 /28 /10 /i255 /1 /i255 /2 /3 /4 /10 /15 /11 /1 /7 /i255 /5 /4 /i255 /56 /46 /i255 /16/10 /1 /6 /15 /49 /i255 /i255 /0 /16 /2 /3 /7 /17 /10 /6 /i255 /15 /22 /1 /2 /2 /i255 /19/5 /7 /12 /1 /3 /7 /i255 /1 /i255 /5 /7 /10 /48 /19 /5 /2 /5 /6 /i255 /3 /17 /10 /7 /12 /3 /4 /3 /19 /1 /12 /3 /5 /7 /i255 /22 /16 /17 /6 /5 /48 /15 /12 /6 /3 /11 /10 /47 /i255 /5 /4 /i255 /1 /i255 /4 /3 /28 /10 /48 /19 /5 /2 /5 /6 /i255 /11 /1 /2 /2 /10 /12 /i255 /51 /6 /10 /17/47 /i255 /30 /2 /25 /10 /47 /i255 /11 /25 /6 /11 /2 /10 /47 /i255 /16 /10 /2 /2 /5 /44 /i255 /1 /7 /17 /i255 /23 /6 /10/10 /7 /54 /47 /i255 /12 /5 /i255 /3 /7 /17 /3 /19 /1 /12 /10 /i255 /12 /22 /10 /i255 /7 /10 /10 /17 /i255 /4 /5 /6 /i255 /22 /16 /17 /6 /5 /15 /12 /1 /12 /3 /19 /i255 /12 /10 /15 /12 /3 /7 /23 /49 /i255 /55 /22 /10 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /i255 /15 /12 /6 /3 /11 /10 /15 /i255 /15 /22/1 /2 /2 /i255 /30 /10 /i255 /15 /12 /6 /1 /3 /23 /22 /12 /i255 /44 /3 /12 /22 /i255 /1 /7 /i255/57/48/6 /3 /7 /23 /i255/5 /6 /i255 /23 /1 /15 /53 /10 /12 /i255 /12 /16 /11 /10 /i255 /15 /10 /1 /2 /49 /i255 /i255 /0 /25 /15 /12 /5/13/i255/19 /16 /2 /3 /7 /17 /10/6 /15 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /11 /6 /5 /28 /3 /17 /10 /17 /i255 /44 /22 /10 /7 /i255 /6 /10 /58 /25 /10 /15 /12 /10 /17 /i255 /30 /16 /i255 /12 /22 /10 /i255 /9 /10 /11 /1 /6 /12/13/10/7 /12 /49 /i255 /0 /25 /15 /12 /5/13/i255/19 /16 /2 /3 /7/17 /10 /6 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /13/1/7 /25 /4 /1 /19 /12 /25 /6 /10 /17 /i255/44 /3 /12 /22 /i255 /1 /i255 /6 /10 /4 /2 /10 /19 /12 /3 /28 /10 /i255 /30 /1 /7 /17 /i255 /12 /22 /1 /12 /i255 /17 /3 /15 /11 /2 /1 /16 /15 /i255 /12 /22 /10 /i255 /9 /10 /11 /1 /6 /12/13/10/7 /12 /i255 /2 /5 /23 /5 /i255 /51 /5 /7 /10 /i255 /3 /7 /19 /22 /47 /i255 /24 /6 /3 /1/2 /i255 /21 /5 /2 /17 /i255 /59 /12 /1 /2 /3 /19 /47 /i255 /6 /10 /17 /i255 /1 /7 /17 /i255 /30 /2 /1 /19 /53 /i255 /3/7 /i255 /19 /5 /2 /5 /6 /54 /49 /i255 /24 /2 /5 /7 /23 /i255 /44 /3 /12 /22 /i255 /12 /22 /10 /i255 /9 /10 /11 /1 /6 /12/13/10/7 /12 /i255 /2 /5 /23 /5 /47 /i255 /12 /22 /10 /6 /10 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /1 /i255 /60 /7 /3 /12 /i255 /5 /6 /i255 /19 /5 /7 /12 /6/1 /19 /12 /i255 /3 /17 /10 /7 /12 /3 /4 /3 /10 /6 /49 /i255 /24 /7 /i255 /10 /52 /1/13/11/2 /10 /i255 /4 /5/6 /i255 /12 /22 /10 /i255 /0 /24 /61 /i255 /14 /59 /27 /62 /i255 /20 /22 /1 /15 /12 /1 /i255 /55 /6 /3 /7 /3 /12 /16 /i255 /60 /7 /3 /12 /i255 /51 /20 /63 /60 /54 /i255 /3 /15 /i255 /30 /10 /2 /5 /44 /29 /i255 /55 /22 /10 /i255 /20 /0 /21 /24 /i255 /15 /22 /1/2 /2 /i255/13/1/3 /7 /12 /1 /3 /7 /i255 /1 /2 /2 /i255 /64 /59/57/20/63 /i255 /1 /7 /17 /i255 /64 /14 /18 /24 /i255 /15 /12 /1 /7 /17 /1 /6 /17 /15 /i255 /44 /3 /12 /22 /i255 /1 /7 /16 /i255 /5 /4 /i255 /12 /22 /10 /i255 /12 /16 /11 /10 /15 /i255 /5 /4 /i255 /19 /16 /2 /3 /7 /17/10 /6 /15 /i255 /2 /3 /15 /12 /10 /17 /i255 /1 /15 /i255 /11 /6 /5 /28 /3 /17 /10 /17 /i255 /30 /16 /i255 /12 /22 /10/i255 /20 /0 /21 /24 /i255/13/1/7 /25 /4 /1 /19 /12 /25 /6 /10 /6 /49 /i255 /55 /22 /10 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255/13/1/7 /25 /4 /1 /19 /12 /25 /6 /10 /17 /i255 /3 /7 /i255 /1 /19 /19 /5 /6 /17 /1 /7 /19 /10/i255 /44 /3 /12 /22 /i255 /9/57/55/i255 /15 /11 /10 /19 /3 /4 /3 /19 /1 /12 /3 /5 /7 /15 /i255 /44/3 /12 /22 /i255 /44 /5 /6 /53 /3 /7 /23 /i255 /11 /6 /10 /15 /15 /25 /6 /10 /i255 /45 /46 /32 /32 /i255 /11 /15 /3 /23 /49 /i255 /65 /40 /41 /42/66/38/67 /36 /i255 /67/36 /40 /41 /68 /i255 /42 /67 /69 /40 /68 /35 /i255 /42 /35 /42 /68 /40/70/i255/71 /65 /67 /42 /42 /72 /i255 /55 /22 /10 /i255 /18 /24 /20 /20 /i255 /17 /10 /28/3 /19 /10 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /19 /5/13/11/2 /3 /1 /7 /12 /i255 /44 /3 /12 /22 /i255 /64 /14 /18 /24 /i255 /56 /73 /74 /31 /49 /i255 /24 /6/13/3/7 /23 /i255 /5 /4 /i255 /12 /22 /10 /i255 /18 /24 /20 /20 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /3 /7/3 /12 /3 /1 /12 /10 /17 /i255 /30 /16 /i255 /5 /11 /10 /7 /3 /7 /23 /i255 /12 /22 /10 /i255 /19 /16/2 /3 /7 /17 /10 /6 /i255 /28 /1 /2 /28 /10 /i255 /5 /4 /i255 /12 /22 /10 /i255 /20 /0 /21 /24 /49 /i255 /55 /22 /10 /i255 /15 /16 /15 /12 /10/13/i255/15 /22 /1 /2 /2 /i255 /4 /10 /1 /12 /25 /6 /10 /i255 /1 /i255 /75 /22 /1 /7 /17 /15 /48 /4 /6 /10 /10 /76 /i255 /6 /10 /15 /10/12 /i255 /19 /1 /11 /1 /30 /3 /2 /3 /12 /16 /i255 /12 /22 /1 /12 /i255/13/1/16 /i255 /30 /10 /i255 /1 /19/12 /3 /28 /1 /12 /10 /17 /i255 /30 /16 /i255/13/10/1 /7 /15 /i255 /5 /4 /i255 /1 /i255 /15 /2 /3 /23 /22 /12 /i255/13/5/28 /10/13/10/7 /12 /i255 /5 /4 /i255 /12 /22 /10 /i255 /20 /0 /21 /24 /i255 /44 /22 /10 /7 /i255 /12 /22 /10 /i255 /15 /16 /15 /12 /10/13/i255/3 /15 /i255 /3 /7 /i255 /11 /6 /10 /48 /1 /2 /10 /6 /12 /i255 /13/5/17 /10 /49 /i255 /55 /22 /10 /i255 /15 /16 /15/12 /10/13/i255/15 /22 /1 /2 /2 /i255 /3 /7 /19 /2 /25 /17 /10 /i255 /1 /i255 /15 /10 /7 /15 /5 /6 /i255/13/5/17 /25 /2 /10 /i255/13/5/25 /7 /12 /10 /17 /i255 /12 /5 /i255 /12 /22 /10 /i255 /20 /0 /21 /24 /49 /i255 /55 /22 /10 /i255 /15 /10 /7 /15 /5 /6 /i255/5 /6 /i255 /11 /5 /44 /10 /6 /i255 /13/5/17 /25 /2 /10 /i255 /15 /22 /1 /2 /2 /i255 /19/5 /7 /12 /1 /3 /7 /i255 /6 /10 /17 /25 /7 /17 /1 /7 /12 /i255 /17 /25 /1 /2 /i255 /10/13/3/12 /12 /10 /6 /15 /i255 /4 /5 /6 /i255 /12 /22 /10 /i255 /1 /25 /17 /3 /30 /2 /10 /i255 /1 /7 /17 /i255 /17 /25 /1 /2 /i255 /28 /3 /15 /25 /1 /2 /i255 /30 /25 /17 /17 /16 /i255 /3 /7/17 /3 /19 /1 /12 /5 /6 /15 /49 /i255 /55 /22 /10 /i255 /15 /10 /7 /15 /5 /6 /i255 /5 /6 /i255 /11 /5 /44 /10/6 /i255/13/5/17 /25 /2 /10 /i255 /15 /5 /25 /7 /17 /i255 /10/13/3/12 /12 /10 /6 /15 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /5 /6 /3 /10 /7 /12 /10 /17 /i255 /3 /7 /i255/13/25/2 /12 /3 /11 /2 /10 /i255 /17 /3 /6 /10 /19 /12 /3 /5 /7 /15 /i255 /4 /5 /6 /i255 /5 /11 /12/3/13/1/2 /i255 /15 /5 /25 /7 /17 /i255 /11 /6 /5 /77 /10 /19 /12 /3 /5 /7 /49 /i255 /55 /22 /10/i255 /28 /3 /15 /25 /1 /2 /i255 /3 /7 /17 /3 /19 /1 /12 /5 /6 /15 /i255 /5 /7 /i255 /12 /22 /10 /i255 /6 /10 /1 /6 /i255 /5 /4 /i255 /12 /22 /10 /i255 /30 /1 /19 /53 /i255 /4 /6 /1/13/10/i255 /15 /22 /1 /2 /2 /i255 /22 /1 /28 /10 /i255 /1 /i255/13/25/2 /12 /3 /19 /5 /2 /5 /6 /i255/28 /3 /15 /25 /1 /2 /i255 /61 /62 /9 /i255 /17 /3 /15 /11 /2 /1 /16 /i255 /44 /3 /12 /22 /i255 /6 /10 /17/i255 /61 /62 /9 /i255 /17 /3 /15 /11 /2 /1 /16 /10 /17 /i255 /30 /10 /2 /5 /44 /i255 /78 /78/79/i255/51 /80 /46/79/47/i255 /48 /32/79/54/i255 /5 /6 /i255 /44 /22 /10 /7 /i255 /1 /2 /1 /6/13/i255/3 /15 /i255 /1 /19 /12 /3 /28 /10 /49 /i255 /55 /22 /10 /i255 /19 /5 /7 /15 /5 /2 /10 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /2 /5 /19 /1 /12 /10 /17 /i255 /5 /7 /i255 /12 /22 /10 /i255 /25 /15 /10 /6 /81 /15 /i255 /6 /3 /23 /22 /12 /i255 /15 /22 /5 /25 /2 /17 /10 /6 /i255 /15 /12 /6 /1 /11 /49 /i255 /55 /22 /10 /i255 /19 /5 /7 /15 /5 /2 /10 /i255 /15 /22 /1 /2 /2 /i255 /19 /5 /7 /12 /1 /3 /7 /i255 /1 /7 /i255 /3 /7 /12 /10 /23 /6 /1 /2 /i255 /10 /17 /23 /10 /48 /2 /3 /12 /i255/13/10/19 /22 /1 /7 /3 /19 /1 /2 /i255 /11 /6 /10 /15 /15 /25 /6 /10 /i255 /23 /1 /25 /23 /10 /i255 /12 /22 /1 /12 /i255 /3 /15 /i255 /1 /25 /12 /5/13/1/12 /3 /19 /1 /2 /2 /16 /i255 /12 /25 /6 /7 /10 /17 /i255 /5 /7 /i255 /30 /16 /i255 /5 /11 /10 /7 /3 /7 /23 /i255 /12 /22 /10 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /i255 /28 /1 /2 /28 /10 /49 /i255 /55 /22 /10 /i255 /19 /5 /7 /15 /5 /2 /10 /i255 /15 /22 /1 /2 /2 /i255 /17 /3 /15 /11 /2 /1 /16 /i255 /28 /3 /15 /25 /1 /2 /i255 /1 /2 /10 /6 /12 /15 /i255 /12 /5 /i255 /12 /22 /10 /i255 /25 /15 /10 /6 /i255 /4 /5 /2 /2 /5 /44 /3 /7 /23 /29 /i255 /18 /6 /10 /48 /24 /2 /1 /6/13/47/i255 /14 /25 /2 /2 /i255 /24 /2 /1 /6/13/47/i255 /61 /5 /44 /i255 /82 /83 /83 /84 /85 /86/87/88/89 /83 /i255 /91

ATTACHMENT B
69 /0 /1 /2 /3 /4 /5 /6 /7 /3 /1 /i255 /9 /10 /11 /1 /6 /12/13/10/7 /12 /i255 /5 /4 /i255 /14 /5 /6 /10 /15 /12 /6 /16 /i255 /1 /7 /17 /i255 /14 /3 /6 /10 /i255 /18 /6 /5 /12 /10 /19 /12 /3 /5 /7 /i255 /20 /10 /21 /3 /15 /10 /17 /22 /i255 /14 /10 /23 /6 /24 /1 /6 /16 /i255 /25 /26 /25 /25 /i255 /27 /i255 /28 /10 /2 /4 /i255 /0 /5 /7 /12 /1 /3 /7 /10 /17 /i255 /29 /6 /10 /1 /12 /30 /3 /7 /31 /i255 /32 /11 /11 /1 /6 /1 /12 /24 /15 /i255 /28 /11 /10 /19 /3 /4 /3 /19 /1 /12 /3 /5 /7/i255 /29 /1 /10 /6 /16 /1 /7 /17 /i255 /34 /5/6/13/1/2 /i255 /28 /16 /15 /12 /10/13/i255/35/11/10 /6 /1 /12 /3 /5 /7 /36 /i255 /37 /30 /10 /i255 /19 /5 /7 /15 /5 /2 /10 /i255 /15 /30 /1 /2 /2 /i255 /19 /5 /7 /12 /1 /3 /7 /i255 /1 /i255 /11 /30 /5 /12 /5 /i255 /15 /10 /7 /15 /3 /7 /31 /i255 /17 /3 /5/17 /10 /i255 /12 /5 /i255 /17 /3/13/i255/1 /7 /17 /i255 /23 /6 /3 /31 /30 /12 /10 /7 /i255 /12 /30 /10 /i255 /38 /39/9 /i255 /1 /15 /i255 /12 /30 /10 /i255 /10 /7 /21 /3 /6 /5 /7/13/10/7 /12 /i255 /19 /30 /1 /7 /31 /10 /15 /36 /i255 /i255 /37 /30 /10 /i255 /19 /5 /7 /15 /5 /2 /10 /i255 /15 /30/1 /2 /2 /i255 /19 /5 /7 /12 /1 /3 /7 /i255 /11 /24 /15 /30 /i255 /23 /24 /12 /12 /5 /7 /15 /i255 /4 /5 /6 /i255 /24 /15 /10 /6 /i255 /3 /7 /12 /10 /6 /4 /1 /19 /10 /36 /i255 /37 /30 /10 /i255 /11 /24 /15 /30 /i255 /23 /24 /12 /12 /5 /7 /15 /i255 /15 /30 /1 /2 /2 /i255 /23 /10 /i255 /17/10 /15 /3 /31 /7 /10 /17 /i255 /12 /5 /i255 /13/3/7 /3/13/3/40 /10 /i255 /1 /19 /19 /3 /17/10 /7 /12 /1 /2 /i255 /1 /19 /12 /3 /21 /1 /12 /3 /5 /7 /36 /i255 /32 /i255 /19 /5 /2 /5 /6 /41 /19 /5 /17 /10 /17 /i255 /11 /24 /15 /30 /i255 /23 /24 /12 /12 /5 /7 /i255 /15 /30 /1 /2 /2 /i255 /11 /10 /6/13/3/12 /i255 /15 /16 /15 /12 /10/13/i255/6 /10 /15 /10 /12 /36 /i255 /32/i255 /6 /10 /17 /i255 /19 /5 /2 /5 /6 /10 /17 /i255 /11 /24 /15 /30 /i255 /23 /24 /12 /12 /5 /7 /i255 /15 /30/1 /2 /2 /i255 /11 /10 /6/13/3/12 /i255/13/1/7 /24 /1 /2 /i255 /1 /19 /12 /3 /21 /1 /12 /3 /5 /7 /i255 /5 /4 /i255 /12 /30 /10 /i255 /4 /24 /2 /2 /i255 /1 /2 /1 /6/13/i255/13/5/17 /10 /36 /i255 /i255 /42/43/44 /45 /46 /47 /48 /i255 /44 /50 /50 /43 /51 /44 /52 /53 /54 /i255 /47 /51 /44 /46 /52 /46 /52/55/i255
/37 /30 /10 /i255/13/1/7 /24 /4 /1 /19 /12 /24/6 /10 /6 /i255 /56 /3 /2 /2 /i255 /11 /6 /5 /21 /3 /17 /10 /i255 /3 /7 /3 /12 /3 /1 /2 /i255 /12 /6 /1 /3 /7 /3 /7 /31 /i255 /12 /5 /i255 /17 /10 /15 /3 /31 /7 /1 /12 /10 /17 /i255 /12 /6 /1 /3 /7 /41 /12 /30 /10 /41 /12 /6 /1 /3 /7 /10 /6 /i255 /11 /10 /6 /15 /5 /7 /7 /10 /2 /i255/5 /7 /i255 /12 /30 /10 /i255 /24 /15 /10 /i255 /5 /4 /i255 /12 /30 /10 /i255 /28 /0 /29 /32 /57 /i255 /4 /1 /19 /10/11 /3 /10 /19 /10 /15 /57 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /15 /57 /i255 /20 /58 /0 /i255 /11 /1 /19 /59 /15 /i255 /1 /7 /17 /i255 /1 /7 /16 /i255 /5 /12 /30 /10 /6 /i255 /1 /19 /19 /10 /15 /15 /5 /6 /3 /10 /15 /36 /i255 /37 /30 /10 /i255/13/1/7 /24 /4 /1 /19/12 /24 /6 /10 /6 /i255 /56 /3 /2 /2 /i255 /11 /6 /5 /21 /3 /17 /10 /i255 /12 /10 /19 /30 /7 /3 /19/1 /2 /i255 /12 /6 /1 /3 /7 /3 /7 /31 /i255 /1 /7 /7 /24 /1 /2 /2 /16 /i255 /1 /7 /17 /i255 /1 /15 /i255 /24 /11 /17 /1 /12 /10 /15 /i255 /1 /6 /10 /i255 /6 /10 /2 /10 /1 /15 /10 /17 /i255 /4 /5 /6 /i255 /28 /0 /29 /32 /i255 /32 /17/13/3/7 /3 /15 /12 /6 /1/12 /5 /6 /15 /36 /i255 /37 /30 /3 /15 /i255 /1 /7 /7 /24 /1 /2 /i255 /12 /6 /1 /3 /7 /3 /7 /31/i255 /15 /30 /1 /2 /2 /i255 /19 /5 /21 /10 /6 /i255 /12 /30 /10 /i255 /28 /0 /29 /32 /57 /i255 /4 /1 /19 /10 /11 /3 /10 /19 /10 /15 /57 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /15 /57 /i255 /20 /58 /0 /i255 /11 /1 /19 /59 /15 /i255 /1 /7 /17 /i255 /1 /7 /16 /i255 /5 /12 /30 /10 /6/i255 /1 /19 /19 /10 /15 /15 /5 /6 /3 /10 /15 /36 /i255 /37 /30 /10 /i255/13/1/7 /24 /4 /1 /19 /12 /24/6 /10 /6 /i255 /56 /3 /2 /2 /i255 /11 /6 /5 /21 /3 /17 /10 /i255/13/24/2 /12 /3/13/10/17 /3 /1 /i255 /10 /17 /24 /19 /1 /12 /3 /5 /7 /1 /2 /i255/13/1/12 /10 /6 /3 /1 /2 /15 /i255 /4 /5 /6 /i255 /12 /6 /1 /3 /7 /3 /7 /31 /i255 /11 /10 /6 /15 /5 /7 /7 /10/2 /i255 /5 /7 /i255 /12 /30 /10 /i255 /24 /15 /10 /i255 /5 /4 /i255 /12 /30 /10 /i255 /28 /0 /29 /32 /57 /i255 /4 /1 /19 /10/11 /3 /10 /19 /10 /15 /57 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /15 /57 /i255 /20 /58 /0 /i255 /11 /1 /19 /59 /15 /i255 /1 /7 /17 /i255 /1 /7 /16 /i255 /5 /12 /30 /10 /6 /i255 /1 /19 /19 /10 /15 /15 /5 /6 /3 /10 /15 /36 /i255 /60/44/46 /52 /47 /54 /52 /44 /52 /53/54 /i255 /61 /51/62/55/51/44/60/i255 /37 /30 /10 /i255/13/1/7 /24 /4 /1 /19 /12 /24/6 /10 /6 /57 /i255 /5 /6 /i255 /1 /24 /12 /30 /5 /6 /3 /40 /10 /17 /i255 /17 /10 /15 /3 /31 /7 /10 /10 /57 /i255 /15 /30 /1 /2 /2 /i255 /11 /6 /5 /21 /3 /17 /10 /i255/13/1/3 /7 /12 /10 /7 /1 /7 /19 /10 /57 /i255 /6 /10 /11 /1 /3 /6 /57 /i255 /4 /3 /12 /i255 /12 /10 /15 /12 /3 /7 /31 /i255/1 /7 /17 /i255 /4 /2 /5 /56 /i255 /12 /10 /15 /12 /3 /7 /31 /i255 /4 /5 /6 /i255 /12 /30 /10 /i255 /28/0 /29 /32 /57 /i255 /4 /1 /19 /10 /11 /3 /10 /19 /10 /15 /57 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /15 /57 /i255 /20 /58 /0 /i255 /11 /1 /19 /59 /15 /i255 /1 /7 /17 /i255 /1 /7 /16 /i255 /5 /12 /30 /10 /6 /i255 /1 /19 /19 /10 /15 /15 /5 /6 /3 /10 /15 /36 /i255 /37 /30/10 /i255 /13/1/7 /24 /4 /1 /19 /12 /24 /6 /10 /6 /i255 /56/3 /2 /2 /i255 /11 /6 /5 /21 /3 /17 /10 /i255 /1 /2 /2 /i255/13/1/7 /24 /1 /2 /15 /i255 /1 /7 /17 /i255 /15 /11 /10 /19 /3 /1 /2 /i255 /12 /5 /5 /2 /15 /i255 /7 /10 /10 /17 /10 /17 /i255 /12 /5 /i255 /6 /10 /11 /1 /3 /6 /i255 /1 /7 /17 /i255/13/1/3 /7 /12 /1 /3 /7/i255 /12 /30 /10 /i255 /28 /0 /29 /32 /i255 /1 /7 /17 /i255 /6 /10 /2 /1 /12 /10 /17 /i255 /10 /63/24 /3 /11/13/10/7 /12 /36 /i255 /37 /30 /10 /i255/13/1/7 /24 /4 /1 /19 /12 /24 /6 /10 /6 /i255 /56 /3 /2 /2 /i255 /11 /6 /5 /21 /3 /17 /10 /i255 /15 /5 /4 /12 /56 /1 /6 /10 /i255 /1 /11 /11 /2 /3 /19 /1 /12 /3 /5 /7 /15 /i255 /12 /5 /i255 /12 /6 /1 /19 /59 /i255 /1/2 /2 /i255 /19 /5/13/11/5 /7 /10 /7 /12 /15 /i255 /5 /4/i255 /12 /30 /10 /i255 /28 /0 /29 /32 /57 /i255 /3 /7 /19 /2 /24 /17 /3 /7 /31 /i255 /5 /7 /2 /3 /7 /10 /i255 /3 /7 /21 /10 /7 /12 /5 /6 /16 /i255 /12 /6 /1 /19 /59 /3 /7 /31 /57 /i255/13/1/3 /7 /12 /10 /7 /1 /7 /19 /10 /i255 /1 /7 /17 /i255 /5 /6 /17 /10 /6/3 /7 /31 /i255 /5 /4 /i255 /11 /1 /6 /12 /15 /36 /i255 /37 /30 /3 /15 /i255 /15 /5 /4 /12 /56 /1 /6 /10 /i255 /3/15 /i255 /10 /15 /15 /10 /7 /12 /3 /1 /2 /i255 /1 /7 /17 /i255/13/24/15 /12 /i255/13/10/10 /12 /i255 /12 /30 /10 /i255 /7 /10 /10 /17 /15 /i255 /5 /4 /i255 /12 /30 /10 /i255 /9 /10 /11 /1 /6 /12/13/10/7 /12 /i255 /1 /12 /i255 /12 /3/13/10/i255 /5 /4 /i255 /1 /56 /1/6 /17 /36 /i255 /i255 /37 /30 /10 /i255/13/1/7 /24 /4 /1 /19 /12 /24/6 /10 /6 /i255 /15 /30 /1 /2 /2 /i255 /11 /6 /5 /21 /3 /17 /10 /i255 /1 /i255/13/1/7 /17 /1 /12 /5 /6 /16 /i255/13/1/3 /7 /12 /10 /7 /1 /7 /19 /10 /i255 /15 /19 /30 /10 /17 /24 /2 /10 /i255 /19 /5 /15 /12 /i255 /15 /30 /10 /10 /12 /i255 /12 /30 /1 /12 /i255 /3 /7/19 /2 /24 /17 /10 /15 /i255 /1 /7 /16 /i255 /17 /10 /12 /1 /3 /2 /10 /17 /i255 /12 /10 /15 /12 /3 /7 /31/i255 /1 /7 /17 /i255 /6 /10 /11 /1 /3 /6 /i255 /19 /16 /19 /2 /10 /i255 /15 /19 /30 /10 /17 /24 /2 /10 /15 /i255 /15 /24 /4 /4 /3 /19 /3 /10 /7 /12 /i255 /12 /5 /i255 /17 /10 /12 /10 /6/13/3/7 /10 /i255 /12 /30 /10 /i255 /12 /16 /11 /10 /i255 /1 /7 /17 /i255 /63 /24 /1 /7 /12/3 /12 /16 /i255 /5 /4 /i255 /11 /1 /6 /12 /15 /i255 /1 /7 /17 /i255 /12 /3/13/10/i255 /6 /10 /63 /24 /3 /6/10 /17 /i255 /12 /5 /i255 /11 /10 /6 /4 /5 /6/13/i255/6 /5 /24 /12 /3 /7 /10 /i255/13/1/3 /7 /12 /10 /7 /1 /7 /19 /10 /36 /i255 /37 /30 /10 /i255/13/1/7 /24 /4 /1 /19 /12 /24 /6 /10 /6 /i255 /15 /30 /1 /2 /2 /i255 /1 /2 /15 /5 /i255 /11 /6 /5 /21 /3 /17/10 /i255 /1 /i255 /19 /5 /15 /12 /i255 /15 /30 /10 /10 /12 /i255 /5 /4 /i255 /1 /2 /2 /i255 /12 /30 /10/i255 /28 /0 /29 /32 /i255 /19 /5/13/11/5 /7 /10 /7 /12 /15 /36 /i255 /37 /30 /10 /i255/13/1/7 /24 /4 /1 /19 /12 /24 /6 /10 /6 /i255 /15 /30 /1 /2 /2 /i255 /19 /5 /21 /10 /6 /i255 /12 /30 /10 /i255 /19 /5 /15 /12 /i255 /5 /4 /i255 /15 /30 /3 /11 /11 /3 /7 /31 /i255 /23/5 /12 /30 /i255 /56 /1 /16 /15 /i255 /5 /7 /i255 /56 /1 /6 /6 /1 /7 /12 /3 /10 /17 /i255 /11 /1 /6 /12/15 /36 /i255 /32 /2 /2 /i255 /10 /63 /24 /3 /11/13/10/7 /12 /i255 /15 /24 /11 /11 /2 /3 /10 /17 /i255/13/24/15 /12 /i255 /23 /10 /i255 /19 /5/13/11/2 /3 /1 /7 /12 /i255 /56 /3 /12 /30 /i255 /19 /24 /6 /6 /10 /7 /12 /i255 /4 /10 /17 /10 /6 /1 /2 /i255 /31 /24 /3 /17 /10 /2 /3 /7/10 /15 /57 /i255 /34 /58/35/28/38 /i255 /1 /7 /17 /i255 /19 /24 /6 /6 /10 /7 /12 /i255 /34 /14/18 /32 /i255 /15 /12 /1 /7 /17 /1 /6 /17 /15 /36 /i255 /64/65/66 /66 /65 /67 /68 /69 /i255 /66/71 /72 /65 /73 /66 /i255 /37 /30 /10 /i255/13/1/7 /24 /4 /1 /19 /12 /24/6 /10 /6 /i255 /56 /3 /2 /2 /i255 /11 /6 /5 /21 /3 /17 /10 /i255 /1 /i255/13/3/7 /3/13/24/13/i255/5 /4 /i255 /1 /i255 /4 /3 /4 /12 /10 /10 /7 /i255 /74 /75 /76 /77 /i255 /16 /10 /1 /6 /i255 /56 /1 /6 /6 /1 /7 /12 /16 /i255 /5 /7 /i255 /12 /30 /10 /i255 /19 /5/13/11/2 /10 /12/10 /i255 /28 /0 /29 /32 /i255 /24 /7 /3 /12 /57 /i255 /3 /7 /19 /2 /24 /17 /3 /7 /31 /i255 /1 /2 /2 /i255 /10 /2 /10 /19 /12 /6 /5 /7 /3 /19 /15 /i255 /5 /7 /i255 /12 /30 /10 /i255 /28 /0 /29 /32 /i255 /1 /7 /17 /i255/13/1/15 /59 /15 /36 /i255/78/1/6 /6 /1 /7 /12 /16 /i255 /6 /10 /11 /1 /3 /6 /15 /i255 /15 /30 /1 /2 /2 /i255 /23 /10 /i255 /19 /5/13/11/2 /10 /12 /10 /17 /i255 /56 /3 /12 /30 /3 /7 /i255 /75 /i255 /56 /10 /10 /59 /i255 /24 /7 /2 /10 /15 /15 /i255 /11 /6 /3 /5 /6 /i255 /1 /11 /11 /6 /5 /21 /1 /2 /i255 /4 /5 /6 /i255 /1 /7 /i255 /10 /79 /12 /10 /7 /17 /10 /17 /i255 /12 /3/13/10/i255 /4 /6 /1/13/10/i255 /30 /1 /15 /i255 /23 /10 /10 /7 /i255 /5 /23 /12 /1 /3 /7 /10 /17 /i255 /4 /6 /5/13/i255/12 /30 /10 /i255 /1 /11 /11 /6 /5 /11 /6 /3 /1 /12 /10 /i255 /28 /0 /29 /32 /i255 /1 /17/13/3/7 /3 /15 /12 /6 /1 /12 /5 /6 /74 /15 /77 /36 /i255 /9 /24 /6 /3 /7 /31 /i255 /56 /1 /6 /6 /1 /7 /12 /16 /i255 /6 /10 /11 /1 /3 /6 /15 /57 /i255 /1 /i255 /6 /10 /11 /2 /1 /19 /10/13/10/7 /12 /i255 /5 /6 /i255 /2 /5 /7 /10 /6 /i255 /28 /0 /29 /32 /i255 /15 /30 /1 /2 /2 /i255 /23 /10 /i255 /11 /6 /5 /21 /3 /17 /10 /17 /i255 /23 /16 /i255 /12 /30 /10 /i255 /28 /0 /29 /32 /i255 /1 /17/13/3/7 /3 /15 /12 /6 /1 /12 /5 /6 /74 /15 /77 /i255 /24 /11 /5 /7 /i255 /6 /10 /63 /24 /10 /15 /12 /36 /i255 /i255 /80 /81 /81 /82 /83 /84/85/86/87 /81 /i255 /89

ATTACHMENT B
70 /0 /1 /2 /3 /4 /5 /6 /7 /3 /1 /i255 /9 /10 /11 /1 /6 /12/13/10/7 /12 /i255 /5 /4 /i255 /14 /5 /6 /10 /15 /12 /6 /16 /i255 /1 /7 /17 /i255 /14 /3 /6 /10 /i255 /18 /6 /5 /12 /10 /19 /12 /3 /5 /7 /i255 /20 /10 /2 /4 /i255 /0 /5 /7 /12 /1 /3 /7 /10 /17 /i255 /21 /6 /10 /1 /12 /22 /3 /7 /23 /i255 /24 /11 /11 /1 /6 /1 /12 /25 /15 /i255 /20 /11 /10 /19 /3 /4 /3 /19 /1 /12 /3 /5 /7/i255 /27 /10 /28 /3 /15 /10 /17 /29 /i255 /14 /10 /30 /6 /25 /1 /6 /16 /i255 /31 /32 /31 /31 /i255 /33 /i255 /34/35/34/36/37/38/39 /39 /38 /34/40 /41 /i255 /39 /43 /44 /38 /45 /39 /i255 /46 /5 /7 /47 /48 /1 /6 /6 /1 /7 /12 /16 /i255 /6/10 /11 /1 /3 /6 /15 /i255 /1 /7 /17 /i255 /11 /1 /6 /12 /15 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /17 /5 /7 /10 /i255 /1 /12 /i255 /1 /i255 /11 /6 /10 /17 /10 /12 /10 /6/13/3/7 /10 /17 /i255 /19 /5 /7 /12 /6 /1 /19 /12 /i255 /11 /6 /3 /19 /10 /49 /i255 /46 /5 /7 /47 /48 /1/6 /6 /1 /7 /12 /16 /i255 /6 /10 /11 /1 /3 /6 /15 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /19 /5/13/11/2 /10/12 /10 /17 /i255 /48 /3 /12 /22 /3 /7 /i255 /50 /i255 /48 /10 /10 /51 /i255 /25 /7 /2 /10 /15 /15 /i255 /11 /6 /3 /5 /6 /i255 /1 /11 /11 /6 /5 /28 /1 /2 /i255 /4 /5 /6 /i255 /1 /7 /i255 /10 /52 /12 /10 /7 /17 /10 /17 /i255 /12 /3/13/10/i255 /4 /6 /1/13/10/i255 /22 /1 /15/i255 /30 /10 /10 /7 /i255 /5 /30 /12 /1 /3 /7 /10 /17 /i255 /4 /6 /5/13/i255/12/22 /10 /i255 /1 /11 /11 /6 /5 /11 /6 /3 /1 /12 /10 /i255 /20 /0 /21 /24 /i255 /1 /17/13/3/7 /3 /15 /12 /6 /1 /12 /5 /6 /53 /15 /54 /49 /i255 /55 /45 /40 /i255 /40 /43 /56 /40 /45 /34/57/i255
/58 /22 /10 /i255/13/1/7 /25 /4 /1 /19 /12 /25/6 /10 /6 /59 /i255 /5 /6 /i255 /1 /25 /12 /22 /5 /6 /3 /60 /10 /17 /i255 /17 /10 /1 /2 /10 /6 /i255 /5 /6 /i255 /15 /10 /6 /28 /3 /19 /10 /i255 /19 /10 /7 /12 /10 /6 /59 /i255 /15 /22 /1 /2 /2 /i255 /11 /6 /5 /28 /3 /17 /10 /i255 /3 /7 /3 /12 /3 /1 /2 /i255 /4 /3 /12 /i255 /12 /10 /15 /12 /3 /7 /23 /i255/5 /4 /i255 /1 /2 /2 /i255 /11 /10 /6 /15 /5 /7 /7 /10 /2 /i255 /1 /4 /12 /10 /6/i255 /6 /10 /19 /10 /3 /11 /12 /i255 /5 /4 /i255 /1 /7 /i255 /5 /6 /17 /10 /6 /i255 /1 /7 /17 /i255 /11 /6 /3 /5 /6 /i255 /12 /5 /i255 /12 /22 /10 /i255 /20 /0 /21 /24 /61 /15 /i255 /23 /5 /3 /7 /23 /i255 /3 /7 /12 /5 /i255 /15 /10 /6 /28 /3 /19 /10 /49 /i255 /58 /22 /10 /i255/13/1/7/25 /4 /1 /19 /12 /25 /6 /10 /6 /59 /i255 /5 /6 /i255 /1 /25 /12 /22 /5 /6 /3 /60 /10 /17 /i255 /17 /10 /1/2 /10 /6 /i255 /5 /6 /i255 /15 /10 /6 /28 /3 /19 /10 /i255 /19 /10 /7 /12 /10 /6 /59 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /1 /28 /1 /3 /2 /1 /30 /2 /10 /i255 /12 /5 /i255 /11 /6 /5 /28 /3 /17 /10 /i255 /1 /7 /7 /25 /1 /2 /i255 /4 /3 /12 /i255 /12 /10 /15 /12 /3 /7 /23 /i255 /5 /4 /i255 /1 /2 /2/i255 /11 /10 /6 /15 /5 /7 /7 /10 /2 /i255 /1 /19 /19 /5 /6 /17 /3 /7 /23 /i255 /12 /5 /i255 /0 /1/2 /62/63/20/64 /24 /i255 /4 /3 /12 /i255 /12 /10 /15 /12 /i255 /15 /12 /1 /7 /17 /1 /6 /17 /15 /49 /i255 /58 /22 /10 /i255/13/1/7 /25 /4 /1 /19 /12 /25 /6 /10 /6 /59 /i255 /5 /6 /i255 /1 /25 /12 /22 /5 /6 /3 /60 /10 /17 /i255 /17 /10 /1 /2 /10 /6 /i255 /5 /6 /i255 /15 /10/6 /28 /3 /19 /10 /i255 /19 /10 /7 /12 /10 /6 /59 /i255 /15 /22 /1 /2 /2 /i255 /11 /6 /5 /28 /3 /17 /10 /i255 /1 /2/2 /i255/13/1/7 /25 /4 /1 /19 /12 /25 /6 /10 /6 /i255 /15 /11 /10 /19 /3 /4 /3 /19 /i255 /4 /3 /12 /i255 /12 /10 /15 /12 /3 /7 /23 /i255 /1 /12 /12 /1 /19 /22/13/10/7 /12 /15 /49 /i255 /i255 /55 /65/35/37 /i255/40 /43 /56 /40 /45 /34/57/i255
/58 /22 /10 /i255/13/1/7 /25 /4 /1 /19 /12 /25/6 /10 /6 /59 /i255 /5 /6 /i255 /12 /22 /10 /3 /6 /i255 /1 /25 /12 /22 /5 /6 /3 /60 /10 /17 /i255 /17 /10 /1 /2 /10 /6 /i255 /5 /6 /i255 /15 /10 /6 /28 /3 /19 /10 /i255 /19 /10 /7 /12 /10 /6 /59 /i255 /15 /22 /1 /2 /2 /i255 /11 /6 /5 /28 /3 /17 /10 /i255 /1 /7 /7 /25 /1 /2 /i255 /4 /2 /5 /48/i255 /12 /10 /15 /12 /3 /7 /23 /i255 /5 /4 /i255 /1 /2 /2 /i255 /10 /66 /25 /3 /11/13/10/7 /12 /i255 /1 /15 /15 /5/19 /3 /1 /12 /10 /17 /i255 /48 /3 /12 /22 /i255 /12 /22 /10 /i255 /20 /0 /21 /24 /i255 /1 /7 /17 /i255 /27 /67 /0 /i255 /11 /1 /19 /51 /15 /i255 /3 /7 /i255 /1 /19 /19 /5 /6 /17 /1 /7 /19 /10 /i255 /48 /3 /12 /22 /i255/13/1/7 /25 /4 /1 /19 /12 /25 /6 /10 /6 /i255 /6/10 /66 /25 /3 /6 /10/13/10/7 /12 /15 /59 /i255 /0 /1 /2 /62/63/20/64 /24 /i255 /1 /7 /17/i255 /19 /25 /6 /6 /10 /7 /12 /i255 /46 /14 /18 /24 /i255 /15 /12 /1 /7 /17 /1 /6 /17 /15 /49 /i255 /14 /2 /5 /48 /i255 /12 /10 /15 /12 /3 /7 /23 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /19 /5 /7 /17 /25 /19 /12 /10 /17 /i255 /3 /7 /i255 /1 /19 /19 /5 /6 /17 /1 /7 /19 /10 /i255/48 /3 /12 /22 /i255 /12 /22 /10 /i255 /1 /11 /11 /6 /5 /11 /6 /3 /1 /12 /10 /i255 /20 /0/21 /24 /i255 /1 /17/13/3/7 /3 /15 /12 /6 /1 /12 /5 /6 /61 /15 /i255 /6 /10 /66 /25 /3 /6 /10/13/10/7 /12 /15 /i255 /1 /7 /17 /i255 /11 /6 /10 /17 /10 /12 /10 /6/13/3/7 /10 /17 /i255 /15 /19 /22 /10 /17 /25 /2 /10 /49 /i255 /58 /22 /10 /i255/13/1/7/25 /4 /1 /19 /12 /25 /6 /10 /6 /59 /i255 /5 /6 /i255 /1 /25 /12 /22 /5 /6 /3 /60 /10 /17 /i255 /17 /10 /15/3 /23 /7 /10 /10 /59 /i255 /15 /22 /1 /2 /2 /i255 /3 /7 /11 /25 /12 /i255 /12 /10 /15 /12 /3 /7 /23 /i255 /17 /1 /12 /1 /i255 /6 /10 /15 /25 /2 /12 /15 /i255 /3 /7 /12 /5 /i255 /12 /22 /10 /i255 /17 /10 /15 /3 /23 /7 /1 /12 /10 /17 /i255 /12 /6 /1 /19 /51 /3 /7 /23 /i255 /11 /6 /5 /23 /6 /1/13/i255/17 /10 /15 /19 /6 /3 /30 /10 /17 /i255 /1 /30 /5 /28 /10 /49 /i255 /i255
/68/69/70 /71/68/72/73 /74 /i255 /71 /70 /76/77/78/i255 /79/27/5 /11 /10
/80/46/14 /18 /24 /i255 /50 /81 /33 /82 /i255 /10 /15 /19 /1 /11 /10 /i255 /6 /5 /11 /10 /i255 /12 /22 /1 /12 /i255 /3 /15 /i255 /22 /10 /1 /12 /i255 /6 /10 /15 /3 /15 /12 /1 /7 /12 /i255 /12 /5 /i255 /81 /82 /32 /i255 /17 /10 /23 /6 /10 /10 /15 /i255 /14 /1 /22 /6 /10 /7 /22 /10 /3 /12 /49/i255 /58 /22 /10 /i255 /6 /5 /11 /10 /15/22 /1 /2 /2 /i255 /30 /10 /i255 /1 /28 /1 /3 /2 /1 /30 /2 /10 /i255 /3 /7 /i255 /83 /32 /47 /4 /5 /5 /12 /i255 /2 /10 /7 /23 /12 /22 /59 /i255 /1 /6 /1/13/3/17 /62 /7 /16 /2 /5 /7 /i255 /30 /2 /10 /7 /17 /49 /i255 /27 /10 /15 /19 /25 /10 /i255 /15 /16 /15 /12 /10/13/i255/15/22 /1 /2 /2 /i255 /3 /7 /19 /2 /25 /17 /10 /17/25 /6 /1 /30 /2 /10 /i255 /4 /3 /6 /10 /i255 /6 /10 /15 /3 /15 /12 /1 /7 /12 /i255 /11 /5 /25 /19 /22 /59 /i255 /19 /1 /6 /1 /30 /3 /7 /10 /6 /i255 /5 /6 /i255 /0 /6 /5 /15 /30 /16 /i255 /22 /5 /5 /51 /59 /i255 /1 /7 /17 /i255 /17 /10 /15 /19 /10 /7 /17 /10 /6 /62 /4 /6 /3 /19/12 /3 /5 /7 /i255 /17 /10 /28 /3 /19 /10 /49 /58/22 /10 /i255 /6 /5 /11 /10 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /17 /10 /12 /1 /19 /22 /1 /30 /2 /10 /i255 /25 /7 /17 /10 /6 /i255 /25 /15 /10 /6 /i255 /2 /5 /1 /17 /59 /i255 /48 /3 /12 /22 /i255 /11 /25 /2 /2 /47 /12 /5 /47 /6 /10 /2 /10 /1 /15 /10 /i255 /51 /7 /5 /12 /i255 /1 /12/i255 /12 /22 /10 /i255 /10 /7 /17 /i255 /5 /4 /6 /10/15 /19 /25 /10 /i255 /6 /5 /11 /10 /i255 /1 /15 /i255 /15 /1 /4 /10 /12 /16 /i255 /4 /10 /1 /12 /25 /6 /10 /49 /i255 /27 /10 /15 /19 /25 /10 /i255 /15 /16 /15 /12 /10/13/i255/15 /22 /1 /2 /2 /i255 /3 /7 /19 /5 /6 /11 /5 /6 /1 /12 /10 /i255 /1 /i255 /66 /25 /3 /19 /51 /i255 /6 /10/2 /10 /1 /15 /10 /i255 /4 /10 /1 /12 /25 /6 /10 /4 /6/5/13/i255/12 /22 /10 /i255 /20 /0 /21 /24
/79/27/67 /0 /i255 /11 /1 /19/51 /59 /i255 /48 /3 /12 /22 /i255 /2 /5 /48 /i255 /1 /7 /17 /i255 /22 /3 /23 /22 /i255 /11 /6 /10 /15 /15 /25 /6 /10 /i255 /19 /5 /7 /7 /10 /19 /12 /3 /5 /7 /15 /79/27/10 /15 /19 /25 /10 /i255/15 /25 /11 /11 /2 /3 /10 /17 /i255 /1 /3 /6 /i255 /6 /10 /15 /11 /3 /6 /1 /12 /5 /6 /79/24/3 /6 /i255 /19 /1 /6 /12 /i255 /1/7 /17 /i255 /22 /5 /15 /10 /79/14/1 /19 /10 /11 /3 /10/19 /10 /i255 /11 /6 /5 /12 /10 /19 /12 /3 /28 /10 /i255 /30 /1 /23 /79/20/0 /21 /24 /i255 /22/1 /6 /17 /i255 /5 /6 /i255 /15 /5 /4 /12 /i255 /19 /1 /6 /6 /16 /3 /7 /23 /i255 /19 /1 /15 /10 /79/0/84/24/i255 /12 /22 /6 /10 /1 /17 /i255 /11 /6 /5 /12 /10 /19 /12 /3 /28 /10 /i255 /19 /5 /28 /10 /6 /79/14/3 /6 /10 /i255 /1 /7 /17 /62 /5 /6 /i255 /64 /24 /85/86/24/58 /i255 /6 /1 /12 /10 /17 /i255 /2 /1 /11 /10 /2 /62 /15 /11 /10 /1 /51 /10 /6 /62/13/3/19 /6 /5 /11 /22 /5 /7 /10 /80/20/22 /1 /2 /2 /i255 /30 /10 /i255 /2 /5 /19 /1 /12 /10 /17 /i255 /19 /2 /5 /15 /10 /i255 /12 /5 /i255 /12 /22 /10 /i255 /10 /1 /6 /i255 /4 /5 /6 /i255 /3 /7 /30 /5 /25 /7 /17 /i255 /6 /1 /17 /3 /5 /i255 /12 /6 /1 /7 /15/13/3/15 /15 /3 /5 /7 /79/58/22 /10 /6/13/1/2 /i255 /3/13/1/23 /3 /7 /23 /i255 /19 /1/13/10/6 /1 /87 /88 /88 /89 /90 /91/92/93/94 /88 /i255 /96

ATTACHMENT B
71 /0 /1 /2 /3 /4 /5 /6 /7 /3 /1 /i255 /9 /10 /11 /1 /6 /12/13/10/7 /12 /i255 /5 /4 /i255 /14 /5 /6 /10 /15 /12 /6 /16 /i255 /1 /7 /17 /i255 /14 /3 /6 /10 /i255 /18 /6 /5 /12 /10 /19 /12 /3 /5 /7 /i255 /20 /10 /2 /4 /i255 /0 /5 /7 /12 /1 /3 /7 /10 /17 /i255 /21 /6 /10 /1 /12 /22 /3 /7 /23 /i255 /24 /11 /11 /1 /6 /1 /12 /25 /15 /i255 /20 /11 /10 /19 /3 /4 /3 /19 /1 /12 /3 /5 /7/i255 /27 /10 /28 /3 /15 /10 /17 /29 /i255 /14 /10 /30 /6 /25 /1 /6 /16 /i255 /31 /32 /31 /31 /i255 /33 /i255 /34 /35 /36 /37 /38 /39 /40 /41 /i255/43/44/45 /37/43/38/46 /i255 /47/48/49 /32 /32 /11 /15 /3/i255 /50 /32 /51/13/3/7 /25 /12 /10 /i255 /5 /6 /i255 /52 /32 /51/13/3/7 /25 /12 /10 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /i255 /1 /28 /1 /3 /2 /1 /30 /2 /10 /i255 /4 /5 /6 /i255 /25 /15 /10 /i255 /3 /7 /i255 /27 /53 /0 /54 /i255 /55 /24 /56/57/24/58 /i255 /5 /6 /i255/59 /20 /24 /27 /1 /11 /11 /2 /3 /19 /1 /12/3 /5 /7 /15 /60
/47/24/17 /1 /11 /12 /10 /6/15 /i255 /4 /5 /6 /i255 /6 /1 /11 /3 /17 /i255 /19 /5 /7 /7 /10 /19 /12 /3 /5 /7 /i255 /12 /5 /i255 /0/61/24/i255 /50 /48 /62 /i255 /19 /5 /7 /7 /10 /19 /12 /3 /5 /7 /i255 /4 /5 /6 /i255 /25 /15 /10 /i255 /63 /3 /12 /22 /i255 /1 /3 /6 /i255 /11 /5 /63 /10 /6 /10 /17/i255 /12 /5 /5 /2 /15 /60 /47/20/25 /11 /11 /2 /3 /10 /17/i255 /1 /3 /6 /i255 /6 /10 /15 /11 /3 /6 /1 /12 /5 /6 /i255 /10 /15 /19 /1 /11 /10 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /15 /i255 /3 /7 /i255 /49 /54 /i255 /64 /32 /i255 /5 /6 /i255 /64 /49 /i255/13/3/7 /25 /12 /10 /i255 /17 /25 /6 /1 /12 /3 /5 /7 /15 /60 /47/18/10 /6 /15 /5 /7 /1/2 /3 /65 /10 /17 /i255 /19 /16 /2 /3 /7 /17 /10 /6 /i255 /12 /6 /1 /19 /66 /3 /7 /23 /i255 /3 /17 /10 /7 /12 /3 /4 /3 /19 /1 /12 /3 /5 /7 /i255/13/1/6 /66 /3 /7 /23 /i255 /67 /3 /60 /10 /60 /54 /i255 /7 /25/13/30/10 /6 /3 /7 /23 /i255 /15 /16 /15 /12 /10/13/68/60 /69/37/41 /40 /36 /40 /46 /46 /i255 /34 /43/70/70/71/38 /37 /34 /72 /45 /37/43/38/46 /i255 /58 /22 /10 /i255 /63 /3 /6 /10 /2 /10 /15 /15 /i255 /15/16 /15 /12 /10/13/i255/15 /22 /1 /2 /2 /i255 /22 /1 /28 /10 /i255 /1 /i255/13/1/7 /25 /1 /2 /i255 /15 /22 /25 /12 /17 /5 /63 /7 /i255 /4 /25 /7 /19 /12 /3 /5 /7 /60 /i255 /58 /22 /10 /i255 /15 /16 /15 /12 /10/13/i255/15 /22 /1 /2 /2 /i255 /30 /10 /i255 /19 /1 /11/1 /30 /2 /10 /i255 /5 /4 /i255 /3 /7 /12 /10 /6 /4 /1 /19 /3 /7 /23 /i255 /63 /3 /12 /22/i255 /19 /25 /6 /6 /10 /7 /12 /i255 /1 /7 /17 /i255 /4 /25 /12 /25 /6 /10 /i255 /6 /1 /17 /3 /5 /i255 /15 /16 /15 /12 /10/13/15/60 /i255 /58 /22 /10 /6 /10 /i255 /15 /22 /1 /2 /2 /i255 /30 /10 /i255 /12 /22 /10 /i255 /1 /30 /3 /2 /3 /12 /16 /i255 /12 /5 /i255 /25 /11 /23 /6 /1 /17 /10/i255 /10 /73 /3 /15 /12 /3 /7 /23 /i255 /10 /74 /25 /3 /11/13/10/7 /12 /i255 /12 /5 /i255 /21/2 /25 /10 /12 /5 /5 /12 /22 /i255 /5 /6 /i255 /12 /1 /2 /66 /51 /1 /6 /5 /25 /7 /17 /60 /i255 /58 /22 /10 /6 /10 /i255 /15 /22 /1 /2 /2 /i255 /1 /2 /15 /5 /i255 /30 /10 /i255 /12 /22 /10 /i255 /1 /30 /3 /2 /3 /12 /16 /i255 /12 /5 /i255 /25 /11 /23 /6 /1 /17 /10 /i255 /12 /5 /i255 /15 /25/30 /15 /10 /74 /25 /10 /7 /12 /i255 /10 /17 /3 /12 /3 /5 /7 /15 /i255 /5 /4 /i255 /75 /14 /18/24 /60 /i255 /i255 /76 /37 /41 /40 /76 /37/77/78/45 /40 /41/i255 /36/43/34/72 /45/43/41/i255 /58 /22 /10 /i255/13/1/7 /25 /4 /1 /19 /12 /25/6 /10 /6 /i255 /63 /3 /2 /2 /i255 /63 /5 /6 /66 /i255 /63 /3 /12 /22 /i255 /0 /24 /79 /i255 /14 /53 /27 /80 /i255 /12 /5 /i255 /17 /10 /28 /10 /2 /5 /11 /i255 /1 /i255 /12 /6 /1 /19 /66 /3 /7 /23 /i255 /15 /16 /15 /12 /10/13/i255/12 /22 /1 /12 /i255 /3 /7 /12 /10 /23 /6 /1 /12 /10/15 /i255 /63 /3 /12 /22 /i255 /9 /10 /11 /1 /6 /12/13/10/7 /12 /i255 /4 /3 /6 /10/i255 /23 /6 /5 /25 /7 /17 /i255 /5 /11 /10 /6 /1 /12 /3 /5 /7 /15 /60 /i255 /58 /22 /10 /i255 /15 /16 /15 /12 /10/13/i255 /13/1/16 /i255 /19 /5 /7 /12 /1 /3 /7 /i255 /1 /7 /i255 /1 /3 /6 /i255 /1 /7 /17 /i255 /2 /5 /19 /1 /12 /3 /5 /7 /51 /12 /6 /1 /19 /66/3 /7 /23 /i255 /3 /7 /12 /10 /6 /4 /1 /19 /10 /i255 /63 /3 /12 /22 /i255/13/5/30 /3 /2 /10 /i255 /17 /10/28 /3 /19 /10 /15 /i255 /5 /6 /i255 /19 /5/13/13/1/7 /17 /i255 /11 /5 /15 /12 /i255 /28 /10 /22 /3 /19 /2 /10 /15 /60 /i255 /i255 /81 /82 /82 /83 /84 /85/86/87/88 /82 /i255 /90

ATTACHMENT B
72 5
(Rev. 9.30.22)

EXHIBIT B

INSURANCE REQUIREMENTS
Not Applicable – Intentionally Left Blank

ATTACHMENT B
73 6
(Rev. 9.30.22)

EXHIBIT C

ATTACHMENT B
74 7
(Rev. 9.30.22)

EXHIBIT D

SPECIAL FUNDING TERMS AND CONDITIONS
Not Applicable – Intentionally Left Blank

ATTACHMENT B
75 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING FINDINGS AND AUTHORIZING THE CITY MANAGER TO ACCEPT A FEDERAL EMERGENCY MANAGEMENT AGENCY 2021 ASSISTANCE

TO FIREFIGHTERS GRANT FOR THE PURCHASE OF SELF -CONTAINED

BREATHING APPARATUS THROUGH A CALIFORNIA DEPARTMENT OF GENERAL SERVICES CONTRACT WITH ALLSTAR FIRE EQUIPMENT INC.

The Stockton Fire Department (SFD) requires Self-Contained Breathing Apparatus (SCBA) to be worn in atmospheres immediately or potentially hazardous to life, health, or where hazardous atmospheres are suspected; and

The National Fire Protection Association specifies the minimum requirements for the design, performance, testing, and certification of SCBA and requires the incorporation of common fittings on Emergency Breathing Safety Systems on all SCBA; and

SFD has 128 SCBA, none of which are aligned with current NFPA standards .

Ninety-five SCBA are at least two safety cycles removed from compliance and 25 SCBA are one cycle removed from compliance. The remaining equipment is obsolete and no longer operationally viable; and

SFD applied for a 2021 Assistance to Firefighters Grant (AFG) through the Federal Emergency Management Agency (FEMA) seeking funds to aid the City in replacing outdated SCBA; and

In March 2023, FEMA awarded grant funds in the amount of $ 687,272.72 to SFD under the 2021 AFG for the purpose of purchasing 108 SCBA; and

California Department of General Services (DGS) Contract No. 1 -22-42-04 provides the City access to preferential pricing of Scott brand SCBA from Allstar Fire Equipment, Inc.; now, therefore,

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

1. The City Manager is authorized to accept grant funds from FEMA for the 2021 AFG, in the amount of $687,272.72, to purchase SCBA.

2. The City Manager is directed to make all necessary budget appropriations and transfer of funds from the Measure W Fund in compliance with, and for the purposes stated in the grant agreement and to complete the purchase of the remaining SCBA.

76 3. The City Council hereby approves the following findings in support of an exception to the competitive bid processes pursuant to Stockton Municipal Code section

3.68.070:

a. SFD personnel currently repair, maintain, and test Scott SCBA systems removing the need for a third-party service.

b. DGS established a purchase agreement pursuant to a competitive bidding process for Scott brand SCBAs.

c. The bid specification used by DGS is compatible with City standards.

d. Taking advantage of the DGS agreement will save the administrative expense of City staff conducting a separate procurement.

e. The specifications for equipment available through the DGS contract meet SFD requirements.

4. The City Council hereby approves the use of DGS Contract No. 1-22-42-04 to provide the City access to preferential pricing of Scott brand SCBA from Allstar Fire Equipment, Inc.

5. The City Council hereby authorizes the City Manager to execute a contract in the amount of $ 877,580.80 with Allstar Fire Equipment, Inc. to purchase 128 SCBA systems.

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 4, 2023 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton

ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
77 City of Stockton
Legislation Text
File #: 23-0317, Version: 1

APPROVE A MOTION AUTHORIZING A NON-EXCLUSIVE PURCHASE AGREEMENT WITH

ALLSTAR FIRE EQUIPMENT FOR LION BRAND TURNOUTS AND RELATED PERSONAL PROTECTIVE EQUIPMENT AND RATIFY THE EMERGENCY PURCHASE OF 20 SETS OF LION

TURNOUTS

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

1. Approve findings and ratifying City Manager’s approval of an emergency purchase order issued February 6, 2023, for the purchase of 20 sets of Lion turnouts for $87,766.80.

2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

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

Summary
The Fire Department (SFD) procured twenty (20) sets of firefighter turnouts using the emergency purchase protocol. Thirteen (13) sets were to equip Fire Academy 23-1 firefighter trainees with adequate personal protective equipment (PPE) during live fire training drills. Seven (7) sets replaced turnout ensembles that exceeded their useful life and were no longer operationally viable. National Fire Protection Association (NFPA) 1851, Standard on Selection, Care, and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, requires turnout ensembles to be retired no later than ten (10) years from the date of manufacture. Per California Code of Regulations (Tit. 8, § 3402.3), structural and proximity firefighting protective ensembles shall be selected, inspected, and maintained in accordance with NFPA 1851 standards. SFD anticipates 250 turnout ensembles will need to be purchased over the next five (5) years. SFD will enter into a five (5) year agreement with Allstar Fire Equipment to provide Lion turnout ensembles and related personal protective equipment.

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DISCUSSION
Background
Turnouts are specialized ensembles worn by firefighters to provide protection from hazards encountered in firefighting operations including extreme heat, flames, smoke, toxic gases, and falling debris. The National Fire Protection Association (NFPA) has established detailed requirements for firefighter turnouts, including specific performance standards for materials, construction, and design.

These standards are intended to ensure turnouts provide adequate protection to firefighters under a range of conditions, and that they are durable enough to withstand the rigors of firefighting operations. The protective properties of the materials used in turnout construction can deteriorate over time, reducing their effectiveness and putting firefighters at risk. NFPA 1851 requires turnout ensembles to be retired no later than ten (10) years from the date of manufacture. Regular inspections and maintenance are also required to ensure turnouts remain in good working condition and provide adequate protection for firefighters.

In February 2013, Resolution 2013-02-26-1202 established a ten-year replacement plan to ensure turnouts did not exceed the recommended ten-year service life. SFD’s plan called for the purchase of 40 sets of turnouts per year, replacing one set of turnouts every five (5) years for each member.

In May 2014, Resolution 2014-05-20-1204 approved findings and justified an exception to the competitive bidding process, authorizing the purchase of replacement firefighter turnouts from Morning Pride Manufacturing through Municipal Emergency Services, Inc. This procurement outfitted all SFD members with a second set of NPFA compliant turnouts four (4) years ahead of schedule.

On February 6, 2023, emergency purchase order 22303602 was issued to outfit fifteen (15) Fire Academy 23-1 trainees and replace five (5) sets of non-compliant turnouts. After the purchase order was issued, SFD adjusted the number of sets for trainees and replacement ensembles to thirteen (13) and seven (7) respectively. The total number of turnout sets ordered did not change. Fire turnouts are custom ordered based on an individual's measurements. As such, academy turnout orders cannot be placed until the City's hiring process has concluded. Pre-ordering turnouts prior to the completion of the physical, psychological evaluation, and background check is cost prohibitive. In addition, lingering supply chain issues from the COVID-19 pandemic have created lead times of over four months after order placement. Due to their ability to expedite academy turnout orders, Allstar Fire Equipment was able to shorten the lead time to 45 days, which is expected to allow for delivery of goods prior to live fire drills. The total emergency purchase cost was $87,766.80. This procurement met the emergency standard defined in the Emergency Contract and Procurement Administrative Policy 17.05.150, which allows for emergency acquisitions to prevent an impending accident involving City personnel.

Present Situation
SFD issues two (2) sets of turnout ensembles to each member. This allows each member to have a clean and ready set of turnout gear in the event a set is damaged or contaminated with carcinogens, chemicals, or bodily fluids. It also allows each member to have a set available while their other set is being inspected and cleaned by SFD’s independent inspection services provider. SFD completed a turnout inventory and compliance assessment and found that approximately 250 turnout sets will City of Stockton Printed on 3/29/2023Page 2 of 4
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need to be purchased over the next five (5) years. This includes new turnouts for Fire Academy trainees and replacements for ensembles that have exceed their useful life.

Turnout gear is not a "one size fits all" solution, as firefighters work in vastly different environments around the world. Manufacturers collaborate closely with individual fire departments to select appropriate fabrics to align turnouts with departmental specifications ensuring the best possible balance of protection and wearability. Fire departments and manufactures also consider connection points for other fire gear to ensure firefighters can be equipped with all the necessary tools to do their job. SFD spent a year evaluating numerous turnout ensembles including Morning Pride, Globe, Innotex, and Lion. Ultimately, Lion offered the best solution for protection, price, and availability.

The demand for firefighter turnouts has increased in recent years due to the growth of fire departments, increased awareness of the importance of PPE, and changes in safety standards.

Additionally, recent supply chain disruptions have negatively impacted the availability of raw materials and slowed the production of turnout gear. As such, lead times now exceed four (4) months. The Sacramento Fire Department currently uses Lion turnouts and has agreed to share inventory with SFD in times of need. Additionally, Allstar Fire Equipment can fulfill rush academy turnout orders in under two (2) months, significantly increasing the likelihood of providing fire recruits with the appropriate level of PPE to participate in live fire drills. Allstar Fire Equipment, Inc. is the sole source for Lion turnouts and fire training products to the municipal fire service market in California.

Furthermore, Allstar Fire Equipment has agreed to incorporate a “Most Favored Customer” clause to ensure the City is receiving the greatest discount for Lion turnouts offered by the vendor.

Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:

1. The Sacramento Fire Department uses Lion turnouts and has agreed to share inventory with the Stockton Fire Department in times of need, lessening the impact of current supply chain issues.

2. Lion turnouts are NFPA 1981 compliant and meet the Stockton Fire Department’s specifications.

3. Allstar Fire Equipment, Inc. is the single available source for Lion turnouts and fire training products to the municipal fire service market in California.

4. Allstar Fire Equipment, Inc can fulfill rush fire academy orders to provide fire recruits with appropriate personal protective equipment prior to live drills.

5. Allstar Fire Equipment, Inc. has agreed to a “Most Favored Customer” clause guaranteeing the Stockton Fire Department the most competitive pricing for Lion turnouts.

FINANCIAL SUMMARY
The total cost of emergency purchase order 22303602 for twenty (20) sets of Lion turnouts from Allstar Fire Equipment, Inc. was $87,766.80. SFD used annual PPE funds in Fire Department City of Stockton Printed on 3/29/2023Page 3 of 4
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Suppression and Training accounts 4020/4030-000-650001-100-000-20-40-000-000- for the purchase.

Staff recommends a five (5) year agreement with Allstar Fire Equipment, Inc. for Lion brand turnouts and related personal protective equipment. The agreement will be for an amount not to exceed $1,500,000 for the term of the agreement. SFD has a total annual budget allocation for firefighting gear of $300,000 in Fire Suppression and Training Division materials and supplies Accounts 4020/4030-000-650001-100-000-20-40-000-000-to pay for PPE purchases under this new agreement with All Star Fire Equipment, Inc.

Attachment A - Allstar Fire Equipment, Inc. Agreement
Attachment B - Emergency Purchase Order 22303602
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81 ATTACHMENT A
82 1
(Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Pr
oject Objectives

1.1 To establish a Purchase Agreement for the procurement of National Fire Protection Association (NFPA) compliant LION brand turnouts and related personal protective equipment (PPE).

1.2 This Agreement is not exclusive. Contractor expressly acknowledges and agrees that City may purchase at its sole discretion, products that are identical or similar to the products described in this Agreement from any third party.

2. Pr
oject Scope

2.1 C
ontractor certifies that they are the Sole Source for LION’s NFPA compliant LION brand turnouts and fire training products to the municipal fire service market in California.

2.2 Contractor shall offer to the City new, unused and the most current product lines for all Lion brand turnouts and related PPE. If requested by City, Contractor may offer, at a greater discount offered for each category included in Exhibit E, remanufactured goods. Remanufactured goods must be clearly identified as such on all Contractor quotes and invoices.

2.3 Contractor shall supply to City, if requested, for sizing purposes: sample fire turnouts, sizing charts, and/or other fitting services to ensure proper sizing of turnouts for fire personnel. Contractor shall arrange the return shipping or pick up of any supplied sample fire turnouts provided.

2.4 Contractor shall supply all specifications and/or information that shall include at a minimum: all materials used in the manufacture of the garments, included options/alterations, life expectancy, warranty information, user guide information, and maintenance and care information.

This information shall be provided to City for review and acceptance.

Contractor shall receive City’s approval prior to processing order.

3. Specifications

3.1 F
ire Turnouts or Turnout Gear: Contractor shall offer turnout gear and accessories available in a variety of designs, patterns, closure and/or fly options, styles, and colors. Turnout coats and pants shall be available in a variety of chest sizes, coat lengths, waist sizes, and inseam measurements.

ATTACHMENT A
83 2
(Rev. 10.30.18)

3.2 Gloves: Contractor shall offer gloves including but not limited to structural firefighting wildland firefighting, extrication, technical rescue, general work gloves, etc. All gloves offered for specific use (such as structural firefighting) shall meet current applicable NFPA, ANSI and OSHA standards at time of manufacture.

3.3 Tur
nout Accessories: Contractor shall offer accessories including but not limited to: body worn integrated electronic monitoring (or physiologic monitoring) and/or location tracking systems, eye protection (e.g. goggles, glasses, visors, etc.), belts, straps, radio holders, storage equipment, etc.

3.4 Hoods
: Contractor shall offer particulate blocking hoods in a variety of options, sizes, and colors.

3.5 Addi
tional Products : Contractor may add additional products to the Agreement provided that any additions reasonably fall within the intent of the specifications included in this Agreement. Pricing on additions shall be equivalent to the percentage discount for other similar products included in Exhibit E. Contractor shall not attempt to add products to this Agreement to avoid competitive procurement requirements. City may reject any additions without cause.

3.6 Cus
tomization: In the event the City needs to c ustomize standard manufacturer specifications to meet operational demands, Contractor shall discount customizations in accordance with section 4.2 below.

4. Int
ernal and External Standards and Guidelines

4.1 Cont
ractor shall offer, at a minimum, a discount off Contractor’s list price for each product offered to City, according to each category and applicable percentage specified in Exhibit E . At any time throughout the term of the Agreement, Contractor may offer to the City greater discounts than those specified within Exhibit E.

4.2 Mo
st Favored Customer . Contractor represents and warrants that the price for the products offered to the City is the lowest price and greatest discount percentage offered by Contractor to any of its external buyers for similar volumes of similar products. If Contractor offers other buyers a lower price or greater discount percentage, Contractor must apply that price or discount percentage to all products offered to City under this Agreement. If Contractor fails to meet this requirement , City, at its sole and absolute discretion, may terminate any pending orders without incurring any financial liability or financial penalty for orders not yet delivered to the City.

4.3 Pr
ior to the placement and acceptance of any order under this Agreement, Contractor shall provide to the City a quote detailing product description,

ATTACHMENT A
84 3
(Rev. 10.30.18)
quantity, list price, discount level as specified in Exhibit E, discounted price, freight, and all applicable taxes. All invoices submitted by Contractor to the City shall contain the same information.

4.4 At a
ny point during the term of this Agreement Contract is no longer the Sole Source for LION’s NFPA compliant LION brand turnouts and fire training products to the municipal fire service market in California, Contractor shall notify City as soon as reasonably practicable.

5. Crit
eria of Acceptance for Deliverables

5.1 All del
ivered products will be inspected before acceptance by an authorized City representative for workmanship, appearance, proper function of all components, and conformance to manufacturer’s standard or City requested specifications. Should deficiencies be found, it shall be the responsibility of the Contractor to cover the cost of repackaging and return of the delivered items in question, make necessary corrections or replacements, and return the items to City for re-inspection and acceptance.

5.2 City shall have the right to inspect products within 30 calendar days after delivery to the City. Products not inspected within 30 calendar days after delivery shall be deemed accepted by City. The payment for products shall in no way impair the right of City to reject nonconforming products.

5.3 Contractor shall have the risk of loss of or damage to any products until delivery to City. City will have the risk of loss of or damage to the products after delivery to City. Title to products shall not transfer until the products have been delivered to and accepted by City.

6. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor: Allstar Fire Equipment, Inc. City: City of Stockton Attn: Mark Preisendorf Attn: City Manager
2552 Barrington Ct. 425 N. El Dorado Street
Hayward, CA 94545 Stockton, CA 95202

7. Key Personnel
Mark Preisendorf, Northern California Branch Administrator, Allstar Fire Equipment, Inc.

ATTACHMENT A
85 1
(Rev. 10.30.18)

EXHIBIT B

INSURANCE

Not Applicable – Intentionally Left Blank

ATTACHMENT A
86 (Rev. 10.30.18; Mod 07.12.22 SG)

EXHIBIT C
GENE

RAL TERMS AND CONDITIONS

1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.

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

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1 I
nvoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.

3.2 Up
on completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.

4. Sufficiency of Contractor ’s Work . All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor ’s work sh all be adequate and sufficient to meet the purposes of this Agreement.

5. Ownership of Work . All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 ATTACHMENT A
87 (Rev. 10.30.18; Mod 07.12.22 SG)

to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final deliver y to the City, the Contractor shall replace them at its own expense.

Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contrac tor to comply with the time limit s described in Exhibit A and Exhibit F may result in economic or other losses to the City.

7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.

8. Amendment. No
variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor’ s Status.

9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's

2 ATTACHMENT A
88 (Rev. 10.30.18; Mod 07.12.22 SG)

control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Con tractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.

9.4 It is further understood and agreed that Contractor must issue W -2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.

10. Subcontractor.

10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, super vision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.

10.3 It is further understood and agreed that Contractor must issue W -2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.

11. Termination.

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

3 ATTACHMENT A
89 (Rev. 10.30.18; Mod 07.12.22 SG)

11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party ’s option, may terminate this Agreement by giving written notification to the other party.

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.

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

13. Indemnity and Hold Harmless . T o the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.

14. Insurance.

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

15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.

16. Conformance to Applicable Laws . Contractor shall comply with all applicable Federal, State, and Municipal law s, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

4 ATTACHMENT A
90 (Rev. 10.30.18; Mod 07.12.22 SG)

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

18. Records and Audits . Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

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

20. Conflicts of Interest . Contractor covenants that other than this Agr eement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any m anner of degree by the performance of Contractor ’s services under this Ag reement. If such an interest arises, Contractor shall immediately notify the City.

21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.

22. Governing Law .

California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.

23. No Personal Liability.

No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the Cit y or for any amount due Contractor.

5 ATTACHMENT A
91 (Rev. 10.30.18; Mod 07.12.22 SG)

24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non- discrimination and equal opportunity, including without limitation the City ’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial

assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

26. Force Majeure. Neithe r party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a for ce majeure event, and to use diligent efforts to re- commence performance as promptly as commercially practicable.

27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
6 ATTACHMENT A
92 (Rev. 10.30.18; Mod 07.12.22 SG)

29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorn eys or the opportunity to seek such advice.

30. Heading Not Controlling. H eadings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

33. Authority. T he individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

7 ATTACHMENT A
93 (Rev. 4.18.22, JMD 2.15.23)

EXHIBIT D

GOODS AND SERVICES TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.

1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.

2. General. The following terms and conditions are applicable for the purchase of goods and services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.

2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.

3. Time for Performance.

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

3.2 Timeliness of Performance i) Contractor shall provide the S ervices, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other

ATTACHMENT A
94 (Rev. 4.18.22, JMD 2.15.23)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

4. Standard of Performance

In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

4.1 Contractor’s S ervices shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by member s of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards . By deliver y of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration, or other similar requirement throughout the term of this Agreement.

4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that a ll services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its s ubcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance, or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.

5. Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed

ATTACHMENT A
95 (Rev. 4.18.22, JMD 2.15.23)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection th erewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.

7. Findings Confidential
All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential an d the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or informa tion which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

8. Right of Inspection
All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contractor, the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for dispositio n at the expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.

9. Warranty
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conform to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed an y of the standards for such types of product in industry, any express or implied warranty stated or

ATTACHMENT A
96 (Rev. 4.18.22, JMD 2.15.23)
advertised by Contractor or the actual manufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.

10. Ownership

Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acceptance, Deliverable delivered by Contractor shall become the ex clusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Contractor, or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall b e used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.

11. Applicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.

Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

12. Shipping Terms

City shipment terms are F.O.B. Destination, Freight Prepaid and Added unless otherwise specified in the Agreement. Contractor shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Deliverables in the safest and most economical manner necessary to meet the delivery date specified in the Agreement.

Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all individual boxes with stock number and quantity and items with different stock numbers shall be boxed separately.

City reserves the right to refuse, at Contractor’s expense, any shipments not contai ning the Agreement number or stock numbers as required under this section.

ATTACHMENT A
97 (Rev. 4.18.22, JMD 2.15.23)

13. Deliveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contractor liable for damages incurred due to the untimely delivery including, but not limited to, the additional costs resultant from City procuring substitute Deliverables elsewhere.

14. Price and Quantities
Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.

ATTACHMENT A
98 1
(Rev. 10.30.18)

EXHIBIT E

COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Proj
ect Price

1.1 The maximum the Contractor shall be paid on this Agreement is $1,500,000 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to
be made pursuant to this Agreement. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D
section 4 or other requirements of this Agreement.

1.2 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached. Orders may not be processed once the not to exceed amount has been reached until an amendment signed by both parties has been processed.

1.3 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor ’s invoices previously submitted for acceptable work performed and approved.

2. Discount. Contractor shall offer the following discount percentage off list price for each category of products offered under this Agreement.

Category Description Discount %
1 Fire Turnouts or Turnout Gear 35%
2 Gloves 10%
3 Hoods 15%

3. Invo
ice t o Address . Each invoice submitted shall identify the specific product listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:

Cit
y of Stockton Fire Department
Attention: Brandon Doolan
425 N. El Dorado Street
Stockton, CA 95202

ATTACHMENT A
99 1
(Rev, 10.27.22)

EXHIBIT F

TIMELIN
E

1. Contracto
r shall fulfill orders throughout the term of the Agreement, as requested by the City.

ATTACHMENT A
100

EXHIBIT G

SPECIAL FUNDING TERMS AND CONDITIONS
Not Applicable – Intentionally Left Blank

ATTACHMENT A
101
Vendor
Bill To
Fiscal Year
Department
Purchase Order Date
Purchase Order Number
Ship To
VENDOR PHONE NUMBER REQUISITION NUMBERVENDOR NUMBERVENDOR EMAIL DELIVERY REFERENCE NOTES
ITEM # DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED PRICE Purchase Order
2356

ALLSTAR FIRE EQUIPMENT INC
2552 BARRINGTON CT
HAYWARD, CA 94545

CITY OF STOCKTON
425 N. EL DORADO STREET
STOCKTON, CA 95202-1997
22303602

FIRE DEPARTMENT
02/06/2023

THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES, AND SHIPPING PAPERS.

Page 1 of 12023 ends

FIRE TRAINING
110 W SONORA ST

FIRE TRAINING
STOCKTON, CA 95202
425 N. EL DORADO STREET
STOCKTON, CA 95202-1997
(209) 937-8321
[email protected]
***RUSH*** TURNOUT GEAR - FIRE ACADEMY
The Above Purchase Order Number Must Appear On All Correspondence - Packing Sheets And Bills Of Lading SOLE SOURCE QUOTE REF. # SFD-0119 DATED 01/19/23
CONTACT INFORMATION:

Clarise Tolentino
Fire Department
209-937-8801
[email protected]

1.0000 EACH $47,480.0000 $47,480.00LION CVFM-32 V-FORCE BI-SWING COAT.

QUOTE #SFD-0119 (01/19/23)
PBI MAX 7oz. SHELL, COLOR: BLACK.

C7 LINER W/ ARAFLO, CROSSTECH BLACK (TYPE 2F)
& SEMPER DRI. PER STOCKTON FIRE DEPARTMENT SPEC
1 1.0000 EACH $33,040.0000 $33,040.00LION CVFM-32 V-FORCE PANTS.

QUOTE #SFD-0119 (01/19/23)
PBI MAX 7oz. SHELL, COLOR: BLACK
C7 LINER W/ ARAFLO, CROSSTECH BLACK (TYPE 2F)
& SEMPER DRI. PER STOCKTON FIRE DEPARTMENT SPEC.
2 Chief Financial Officer
Total Ext. Price
Purchase Order Total
Total Sales Tax
$80,520.00
$7,246.80
$87,766.80
This instrument has been audited in the manner required by local government regulations and laws. Your jurisdiction’s specific legal text may be placed in this area.

Purchasing Copy

ATTACHMENT B
102
City of Stockton’s Purchase Order Terms and Conditionshttp://www.stocktonca.gov/files/POTerms.pdf

ATTACHMENT B
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City of Stockton
Legislation Text
File #: 23-0209, Version: 1

APPROVE A MOTION TO INCREASE FUNDING FOR NATIONAL IPA COOPERATIVE

AGREEMENT FOR INFORMATION TECHNOLOGY SOLUTIONS AND SERVICES

RECOMMENDATION
It is recommended that the City Council approve a motion to:

2. Authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of this motion.

Summary
The City entered into a 3-year purchasing agreement with Dell Marketing L.P. through the State of California Department of General Services, California Multiple Award Schedule (CMAS). The CMAS contract was approved by Council in April 2022 for the amount of $ 2,060,000 and canceled by the vendor in July 2022 due to changes to the base price schedule.

To be able to continue purchasing Dell technology, staff recommends adding $2,060,000, totaling $14,560,000, to the National IPA Contract Number 2018011-01 with CDW-G for the term that ends on February 28, 2025, approved by Motion 2020-03-10-1401. The equipment needed to support the City is approximately $900,000 each year which includes computers, laptops, police vehicle mobile data computers (MDC), tablet computers, and other associated equipment.

DISCUSSION
Background
The Information Technology (IT) department supports more than 2,500 computers, printers, servers, and mobile devices on a large and complex wired and wireless secure computer data network. This provides users access to email, software applications (Word, Excel, Computer-Aided Dispatch, Records Management Systems, etc.), network drives, the Internet, private and public WiFi, VoIP phones, and all hosted services.

On April 5, 2022, City council approved Motion 2022-04-05-1204 for a 3-year purchasing agreement with Dell Marketing L.P. through CMAS. In August 2022, Dell informed the City that CMAS contract City of Stockton Printed on 3/29/2023Page 1 of 3
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with Dell was canceled due to changes to the base price schedule. Staff evaluated other available purchase agreement options and recommends an amendment to the existing agreement with CDW- G to add funding for the additional Dell purchases in an amount previously approved for the canceled CMAS contract.

TABLE 1 - Amount Previously Approved for the Canceled CMAS Contract Product Type FY 2022-23 FY 2023-24 FY 2024-25 Total
Information
Technology
products and
services from
Dell Marketing
L.P.
$300,000
(amount
remaining from
$850,000)
$870,000 $890,000 $2,060,000
The original contract with CDW-G was approved by Council Motion 2020-03-10-1401. The contract provides preferential pricing for computers, laptops, servers, software, and other technology-related equipment and parts under the terms established in the National IPA Cooperative Agreement, Contract Number 2018011-1. The first amendment was to add special terms and conditions, enabling future and reimbursement claims for COVID-related purchases of technology-related products. The second amendment was to extend the contract from February 28, 2023, to February 28, 2025, within the City Manager’s delegation of authority.

The proposed third amendment is to increase the not to exceed amount for Information Technology Solutions and Services from Dell Marketing L.P. for a total estimated additional amount of $2,060,000, totaling $14,560,000 for the term of the contract. This increase is needed because the cost of equipment was not previously included in the original budget for the CDW-G contract due to use of other contracts. Those contracts have now expired or been canceled, and Staff determined that the existing agreement with CDW-G is the most viable option.

NIPA secured highly competitive pricing through its large pool of 48,000 public agencies that combined their purchasing power. The cooperative agreement is with CDW-G, a company recognized as a premier reseller of software and hardware, including Dell hardware and services that are utilized by the City of Stockton.

The CDW-G Agreement was established through a competitive bid process conducted by NIPA. In 2020, staff recommended and the City’s Procurement Division approved the use of this participating agreement and the City’s cooperative purchase agreement, as it meets the criteria as an exception to the competitive bidding process by way of competitive pricing secured through NIPA, making it a valuable alternative to the standard bid requirement. The City has an ongoing business relationship with CDW-G that has benefited the City with discounted pricing and reliable timeliness of deliveries.

Present Situation
The City’s current investment in Dell desktops, laptops, MDCs, and tablets is estimated at a total replacement value in excess of $4,500,000. Scheduled replacements are based on the age and condition of the equipment and are monitored through the City’s asset inventory system. Equipment City of Stockton Printed on 3/29/2023Page 2 of 3
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refresh rates average on a five-year life cycle, which means the City replaces, on average, approximately 20% or $900,000 per year.

Authorizing the use of this cooperative agreement will allow the City to procure products and services in a timely manner and to take advantage of the significant discounts in this agreement, as well as create efficiencies for staff in terms of fewer staff reports, contract routings, and requests for quotes, which impacts multiple departments across the City: IT Department, Procurement, Budget Office, City Attorney, Human Resources/Risk, City Manager’s Office, and City Clerk’s Office.

Staff recommends adding $2,060,000, totaling $14,560,000, to the NIPA Contract Number 2018011- 01 with CDW-G for the term that ends on February 28, 2025.

FINANCIAL SUMMARY
The NIPA Cooperative Agreement will be utilized for Information Technology Solutions and Services for a term that ends on February 28, 2025, for a total estimated amount of $14,560,000.

All purchases made from this cooperative agreement will be funded through the Technology Internal Service Fund 510, project accounts, or department accounts and will not exceed budget authority approved through the annual budget process for FY 2022-23. Future annual costs will be included in the annual budget appropriation process. There is no impact to the General Fund.

Attachment A - Amendment #3 for the Cooperative Purchase Agreement with CDW-G City of Stockton Printed on 3/29/2023Page 3 of 3
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CONTRACTOR ______
_______________________________________________________________________________________ 1 (Rev. 10.27.22)

CITY OF STOCKTON

STANDARD AGREEMENT AMENDMENT
This Amendment Number ____3____ to the above referenced Agreement is entered into on___________________ CDW Government LLC

RECITALS
The City entered into a cooperative Purchase Agreement with Contractor in accordance with the terms and conditions of the National IPA (NIPA) Information Technology Solutions and Services agreement 2018011-01; and Cooperative/Piggyback Purchase Agreement states this Agreement may be amended only by a written amendment, consistent with COOP, and signed by the Contractor and City Manager; and The City needs to increase the Compensation, Not to Exceed amount in Box 8 in the Agreement Summary on

Page 1 ends

and services; and
Now therefore, the City and the Contractor mutually agree as follows:

The maximum not to exceed amount in Box 8 in the Agreement Summary on Page 1 and Section 3 Compensation of

Page 2 ends

$14,560,000
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.

IN WITNESS WHEREOF, the authorized parties have executed this Agreement. _____________________________________________________________________________________________ Authorized Signature Date
_____________________________________________________________________________________________ Printed Name and Title of Person Signing
_____________________________________________________________________________________________ Address

CITY OF STOCKTON
_____________________________________________________________________________________________ Harry Black, City Manager Date
ATTEST:
_____________________________________________________________________________________________ Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:

Agreement Number: Amendment
Number:
2020-03-10-1401 NP 3
Government, LLC

ATTACHMENT A
107
City of Stockton
Legislation Text
File #: 23-0257, Version: 1

APPROVE MOTION TO INCREASE EXPENDITURE AUTHORITY FOR RADIO

COMMUNICATIONS SYSTEM FOR ONE ADDITIONAL YEAR OF MAINTENANCE, REPAIRS

AND SUPPORT OF THE CURRENT PUBLIC SAFETY RADIO SYSTEM WITH DELTA WIRELESS, INC.

RECOMMENDATION
It is recommended that the City Council approve a motion to:

2. Approve findings under Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bid process; and

3. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and the intent of this motion.

Summary
The City is undertaking a major replacement of radio infrastructure that is used for Public Safety services, as well as by the Public Works and MUD departments. The current system is an outdated conventional radio system that is over twenty years old. The new system consolidates from the existing ten radio towers down to five towers and is a modern trunking radio system that replaces the City’s conventional system.

Currently, the project is in the final phase which is the replacement of all equipment at the five chosen radio tower sites. The City will be testing the new radio system for an extended time before transferring the Public Safety services onto it. To ensure proper testing and a reliable transfer to this new system, staff recommends adding one more year of vendor support for the legacy radio system.

Staff is recommending that Council authorize increased purchase authority to secure one additional year of annual maintenance and other system support services, for a total estimated amount of $607,685, beginning July 1, 2023, through June 30, 2024.

Staff further recommends Council approve findings in support of a sole source / single available source exception to the competitive bid process for one additional year, through the end of FY 2023-

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DISCUSSION
Background
The City owns and operates a private 13-channel radio communication system utilized by the Fire, Municipal Utilities (MUD), Police, and Public Works departments. The system’s primary function is to support public safety activities, and ensures that police officers and firefighters have radio communication capabilities among individuals, vehicles, and dispatch/command centers. As part of the overall radio system, the City maintains 970 portables (handheld or worn by the officers, fire personnel, and other employees), 570 mobile radios (installed in vehicles), and an infrastructure consisting of ten radio tower sites.

The City is undertaking a major replacement of radio infrastructure, from an outdated conventional radio system to a modern trunking system. The first phases have been completed which entailed replacing the radio consoles in the dispatch centers, and installing a radio core and logging recorders. The final phase is the replacement of all equipment on the radio towers. The City remains on the old radio system while project phases 2 and 3 for microwave and channel equipment replacements are underway and nearing completion. Until completed, there is a requirement for continued maintenance of the current system. Expenditures for Public Safety communication technologies are managed by the Information Technology (IT) Department via the Technology Internal Service Fund (ISF).

The City maintains the Adtran equipment provided at the Stockton Fire Dispatch Center and stations and the standalone radio system through contracts with Delta Wireless, Inc., authorized by City Council Resolutions 01-0498 and 04-0548 respectively (Attachment A and B). The terms of the Fire Adtran contract began on September 25, 2001, and are renewed annually by “Stockton City Council adoption of the budget and appropriation of funds.” The term of the Radio System Maintenance contract was from August 15, 2004, through August 14, 2009, with the City reserving the right to extend this contract annually by the “Stockton City Council’s adoption of the budget and appropriation of funds from the original contract expiration date.” In December 2006, the radio maintenance contract was amended to add a subsection, which allowed for the inclusion of third- party systems on contract by a mutual written agreement, such as microwave equipment which are components of the radio infrastructure originally procured from a third party (Attachment C). In 2019, an increase in expenditure authority, driven by added equipment and inclusion of non- covered services, was authorized by City Council Motion 2019-06-18-1104 through June 30, 2022.

In 2022, an increased purchase authority for the acquisition of one additional year of annual maintenance and other system support services was authorized by City Council Motion 2022-06-21 -1204 through June 30, 2023, while continuing to develop and complete a multi-phase infrastructure replacement project. Without this key equipment maintenance, public safety staff do not have the necessary communications support for their daily jobs.

The City has utilized Motorola radio equipment to support Public Safety for over 30 years. The vendor selected to provide maintenance and support services is required to be certified by Motorola to service Motorola equipment. The vendor must also be knowledgeable with the City’s radio infrastructure and multiple systems that integrate with Motorola equipment. Delta Wireless, the City of Stockton Printed on 3/29/2023Page 2 of 4
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City’s radio support vendor since 2004, has the expertise to service all components of the City’s radio infrastructure and is the only Motorola-certified vendor for Stockton, California (Attachments A, B, C and D).

The request before Council is to extend radio infrastructure and equipment maintenance and support services for one additional year, through June 30, 2024, to complete the retirement of the legacy equipment and the operations of the new equipment.

Present Situation
Staff from IT, Fire, and the Police Department have been working on a comprehensive plan for emergency radios and infrastructure over the last several years to identify priority replacements, allocate adequate funding, and develop long-term maintenance and replacement financing structure.

The existing equipment currently in use is requiring frequent repairs and causing operational impacts to MUD, Police, and Fire radio communications. The handhelds and mobile radios are on a lifecycle replacement schedule with adequate funding. The radio infrastructure has received substantial investments in recent years for a full-scale system infrastructure replacement. The long- term infrastructure replacement project is underway and nearing completion; however, while the City remains on the current radio infrastructure, there is a requirement for continued maintenance of the current system. Without this key equipment maintenance, public safety staff do not have the necessary communications support for their daily jobs.

The City currently purchases the following services from Delta Wireless: annual maintenance of radio equipment, including handheld radios, mobile radios, and radio infrastructure; Fire Adtran maintenance; David Clark headsets which integrates with the radio system; and annual expenditures for non-covered repairs of older equipment no longer supported. As shown in Table 1, approximately $607,301 was expended during the current fiscal year or most recent 12-month period under the current contract. The estimated cost for continued services in FY 2023-24 is $607,685. (Attachment E)
Table 1 - Proposed Purchase Authority
Expenditure Description Current Annual Spend FY 2023-24 Radio System Maintenance $504,437 $504,821
Fire Adtran Support Contract $32,664 $32,664
David Clark devices Maintenance $10,200 $10,200
Non-covered Repair Services $60,000 $60,000
Total $607,301 $607,685
Staff recommends Council adopt findings to support an exception to the competitive bidding process for sole source/single available source vendors, authorizing a continued increase in expenditure authority for current maintenance contracts, purchase of additional repairs, and system support services from Delta Wireless, Inc. Using a non-Motorola vendor for support would require the vendor’s work be certified by Motorola before connecting to the radio network, leading to the City of Stockton Printed on 3/29/2023Page 3 of 4
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risk of higher support costs and radio system downtime. Maintaining the existing system while transitioning through the long-term infrastructure replacement project is vital for uninterrupted radio communications and will minimize operational impacts on system users. Continuing to use Delta Wireless will ensure that maintenance and support are available while the City completes the radio system infrastructure replacement project and negotiates a new long-term maintenance agreement.

Findings
Stockton Municipal Code section 3.68.070(A)(4) provides an exception to the competitive bidding process for sole source/single available source vendors in cases where the City Council has approved findings that support and justify the exception. The proposed findings are as follows:

1. Delta Wireless is Motorola’s Manufacture Representative certified to provide maintenance and support services for the City’s current radio system, and Delta Wireless is the only certified vendor assigned by Motorola to service Stockton, California.

2. Delta Wireless has been the City’s radio support vendor since 2004 and has the expertise to provide maintenance and support services on the legacy equipment until the new long- term maintenance agreement is fully implemented.

3. Staff cannot support the current system without assistance from Delta Wireless.

FINANCIAL SUMMARY
The services procured through Delta Wireless are for the maintenance, support, and integration with the City’s radio communication system. Total expenditure authority requested is for an estimated amount of $607,685 starting July 1, 2023 through June 30, 2024, and is included in the annual budget appropriation process for FY 2023-24 in the 510 Technology Fund and department accounts. There is no impact to the General Fund.

Attachment A - Delta Wireless Contract for Fire Adtran
Attachment B - Delta Wireless Contract for Radio Maintenance Attachment C - Delta Wireless Radio Maintenance Contract Amendment Attachment D - Delta Wireless Certification Letter
Attachment E - Delta Wireless Quotes
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January 18, 2023
City of Stockton
Terrell
Harper Project Manager II
City of Stockton - Information Technology
400 E
Main Street | 4th Floor | Stockton | CA
Dear Mr. Harper,
Motorola Solutions supplies a wide array of communications products. Some products are
available from our Direct Salespersons and Manufacture Representatives (MR) or our
In-Direct Sales Channels, while others, often depending on complexity or degree of engineering requirements, are only available through one channel or the other. Our Public Safety products are distributed through our Direct Salespeople or
designated Manufacturer Representatives. We assign only one MR to each state/local account and Delta Wireless is assigned to the City of Stockton.

In
this case as a manufactured representative, Delta Wireless is an agent for Motorola
Solutions. We authorize Delta Wireless to use our contract pricing, promotions,
and services to our customers and accept PO’s for Motorola products.

Delta Wireless is a Partner Empower S&L MR Specialist.

If
you should have any questions please feel free to contact me at 916-20 1-5670. Thank you for your continued interest in Motorola products and services.

Best regards,
MOTOROLA SOLUTIONS, INC.

Mike Marraccini
Senior A
ccount Manager, Government
& Public Safety
CC: David Naasz, Delta Wireless, George Gonzalez, Delta Wireless Motorola
Solutions  Western Division
6450
Sequence Drive  San Diego, CA 92121  858-368-3245

ATTACHMENT D
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City of Stockton
Legislation Text
File #: 23-0250, Version: 1
AWARD A CONSTRUCTION CONTRACT TO BLOCKA CONSTRUCTION, INC. FOR THE SMITH

CANAL SANITARY PUMP STATION ODOR CONTROL UNIT REPLACEMENT AND AMEND THE FISCAL YEAR 2022-23 ANNUAL BUDGET

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

2. Approve the project Plans and Specifications for the Smith Canal Sanitary Pump Station Odor Control Unit Replacement Project, Project No. UW23021 (Exhibit 2 to the Resolution).

4. Authorize the appropriation of Wastewater Utility funds in the amount of $60,000.00 from Fund Balance to Smith Canal Sanitary Pump Station Odor Control Unit Replacement, Project No.

UW23021.

It is further 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 Municipal Utilities Department (MUD) operates and maintains the Smith Canal Sanitary Pump Station located at 2130 Fontana Avenue in Stockton. The MUD conducted routine maintenance inspection of the pump station and discovered that the existing odor control unit has failed and is no longer functional. It was determined that a new unit is needed to prevent nuisance odors.

If approved by Council, this action will award a Construction Contract in the amount of $239,500.00 to Blocka Construction, Inc. of Pleasanton, CA, to replace the odor control unit at Smith Canal Sanitary Pump Station.

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DISCUSSION
Background
The Municipal Utilities Department (MUD) operates and maintains the Smith Canal Sanitary Pump Station located at 2130 Fontana Avenue. The pump station collects wastewater and pumps it to the Regional Wastewater Control Facility. During a routine maintenance inspection of the pump station, the MUD staff discovered that the existing odor control unit was not functioning properly. It was determined that a new unit is needed to prevent odors from being released to the environment. As part of the 2022-27 Capital Improvement Program, a project was created to replace the odor control unit. Engineering staff prepared the plans and specifications for the project. The project design was completed and placed out to bid for the replacement of the odor control unit.

Present Situation
On December 19, 2022, the MUD advertised the project in the Stockton Record and published it to the City’s Bid Flash webpage. Additionally, a brief project description notice was mailed to 115 contractors holding a Class “A” license, and 3,185 notifications were sent through Ask Stockton. A non-mandatory pre-bid conference meeting was held on January 12, 2023, with five (5) prospective bidders in attendance.

On Thursday, January 26, 2023, four (4) sealed bids were received and publicly opened by the City Clerk with the following results:

COMPANY NAME LOCATION BID PRICE
Blocka Construction, Inc. Pleasanton, California $239,500.00 Swierston Enterprise Inc.,
dba Pro Builders
Orangevale, California $398,000.00
TNT Industrial Construction
Contractors, Inc.

Sacramento, California $239,541.00
Valentine Corporation San Rafael, California $289,369.00 Engineer’s Estimate $195,000.00
The bid received from the apparent low bidder, Blocka Construction Inc., is regular in all aspects, and compliant with the project specifications.

Staff recommends that the City Council award a Construction Contract in the amount of $239,500.00 to Blocka Construction, Inc. of Pleasanton, CA, for the Smith Canal Sanitary Pump Station Odor Control Unit Replacement, Project No. UW23021.

Local Employment Ordinance
The contract amount is over $100,000 and subject to the Local Employment Ordinance, which requires that “all City contracts for public works or improvements of estimated value or City subsidy of $100,000 or more shall contain provisions pursuant to which the contractor promises to make a good City of Stockton Printed on 3/29/2023Page 2 of 3
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faith effort, with the assistance of local labor union hiring halls or community organizations designated by the City to employ qualified individuals who are, and have been for one year prior to the effective date of the contract, residents of Stockton in sufficient numbers so that no less than 50 percent of the contractor’s total construction workforce, including any subcontractor workforce, measured in labor work hours, is comprised of Stockton residents.” The Local Preference Ordinance, which states that “preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal,” does not apply to the project because all bidders are located outside of San Joaquin County.

The project is under $1,000,000 and not subject to the Community Workforce and Training Agreement.

Environmental Clearance
It has been determined that this project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under Article 19, Section 15302, Class 2 (c) of the CEQA guidelines as it involves the replacement or reconstruction of an existing public facility where the new structure will be located on the same site and will have substantially the same purpose and capacity as the structure replaced.

In addition, the proposed project is consistent with the Government Code Section 65402 and the 2040 Stockton General Plan (Land Use Policy 6.3) because it improves existing utility services to ensure that all neighborhoods have access to well-maintained public facilities and utilities that meet community service needs.

FINANCIAL SUMMARY
With this action, MUD Wastewater Utility funds in the amount of $60,000.00 will be appropriated from the Wastewater Utility Fund Balance to the Smith Canal Sanitary Pump Station Odor Control Unit Replacement, Project No. UW23021.

There is no impact to the City’s General Fund or any other unrestricted fund from this action.

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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING THE FILING OF NOTICE OF EXEMPTION NO. NOE 27-22,

APPROVING THE PROJECT PLANS AND SPECIFICATIONS, AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $ 239,500 TO BLOCKA CONSTRUCTION, INC. FOR THE SMITH CANAL SANITARY PUMP STATION ODOR CONTROL UNIT REPLACEMENT (PROJECT NO. UW23021), AND AMEND ING THE FISCAL YEAR 2022-23 ANNUAL BUDGET

On January 26 , 2023, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed bids offered for the Smith Canal Sanitary Pump Station Odor Control Unit Replacement Project (Project No. UW23021); and

Blocka Construction, Inc. is the apparent low bidder in the amount of $239,500; and

The bid submitted by Blocka Construction, Inc. is regular and responsive in all aspects; and

The project conform s with the City’s General Plan, pursuant to California Government Code, section 65402, and is exempt from the requirements of the California Environmental Quality Act (CE QA) as specified under Article 19, section 15302, Class 2(c), of the CEQA Guidelines; The project also conforms with the Stockton General Plan based on Policy Land Use – 6.3; now, therefore,

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

1. Approve the filing of the Notice of Exemption No. NOE 27-22 under CEQA for the Smith Canal Sanitary Pump Station Odor Control Unit Replacement Project (Project No. UW23021), a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the project Plans and Specifications for the Smith Canal Sanitary Pump Station Odor Control Unit Replacement Project (Project No. UW23021), a copy of which is attached as Exhibit 2 and incorporated by this reference.

3. The City Council authorizes the City Manager to execute a construction contract with Blocka Construction, Inc. of Pleasanton , California , in the amount of $239 ,500 for the Smith Canal Sanitary Pump Station Odor Control Unit Replacement Project (Project No. UW23021), a copy of which is attached as Exhibit 3 and incorporated by this reference.
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4. The City Council authorizes the appropriation of MUD Wastewater Utility funds in the amount of $60,000 from Fund Balance to the Smith Canal Sanitary Pump Station Odor Control Unit Replacement Project, Project No. UW23021.

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

PASSED, APPROVED, and ADOPTED April 4, 2023 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton

ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
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EXHIBIT 1
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PLAN HOLDER NO. _______

CITY OF STOCKTON

MUNICIPAL UTILITIES DEPARTMENT

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS
BID

CONTRACT

SPECIAL PROVISIONS

FOR CONSTRUCTION OF

SMITH CANAL SANITARY PUMP STATION

ODOR CONTROL UNIT REPLACEMENT
PROJECT NO. UW23021

CONTRACTOR MUST HAVE A CLASS "A" LICENSE

STOCKTON, CALIFORNIA

Bid Opens: THURSDAY, JANUARY 26, 2023, 2:00 p.m.

FOR INFORMATION

REGARDING THIS PROJECT CALL
(209) 937-8700 or (209) 937-5428 Extension
(Do not return - Please recycle)

EXHIBIT 2
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EXHIBIT 2
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EXHIBIT 2
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Table of Contents
00010-1
SECTION 00010 - TABLE OF CONTENTS

DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS

Section

00010 Table of Contents

00020 Notice Inviting Bids

00100 Instructions to Bidders

1.0 Work to be Done

2.0 Examination of Contract Documents

3.0 Inspection of Site

3.1 Pre-bid Conference

4.0 Interpretation of Contract Documents

5.0 Postponement of Opening

6.0 Opening of Bids

7.0 Preparation of Bid Forms

8.0 Bidder’s Signature and Authority

9.0 Erasures and Corrections

10.0 Bid Irregularities

11.0 Modification of Bid

12.0 Withdrawal of Bids

13.0 Addenda

14.0 Bid Prices

15.0 Bid Guaranty

16.0 Qualification of Bidder

17.0 Subcontractors

18.0 Major Equipment Items

19.0 Substitutions During Bidding

20.0 Bidders Interested in More Than One Bid
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Table of Contents
00010-2

21.0 Sheeting, Shoring, and Bracing

22.0 Wage Rates

23.0 Offer of Assignment of Antitrust Actions

24.0 Assignment of Contract

25.0 Rejection of Bids

26.0 Contract and Bonds

27.0 Award of Contract

28.0 Execution of Contract

29.0 Business License

30.0 Construction and Demolition Debris

31.0 Escrow of Bid Documents

32.0 Bid Protests

33.0 Local Employment

00220 Geotechnical Data

BIDDING REQUIREMENTS

00300 List of Bid Items

00500 Construction Contract

00700 General Conditions

1.0 GENERAL

1.1 Intent of Contract Documents

1.2 Discrepancies and Omissions

1.3 Headings

1.4 Penalty for Collusion

1.5 Successors and Assigns

1.6 Assignment to City

1.7 Rights and Remedies

2.0 ADMINISTRATION

2.1 Administration of the Contract

2.2 City's Representative

2.3 Construction Management

2.4 Design Consultant

3.0 CITY

3.1 General
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Table of Contents
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3.2 Attention to Work

3.3 Inspection

3.4 City's Right to Carry Out the Work

3.5 City's Right to Use or Occupy

3.6 City's Right to Perform Work and to Award Separate Contracts

4.0 CONTRACTOR

4.1 Office

4.2 Contractor's Representative

4.3 Construction Procedures

4.4 Contractor's Employees

4.5 Subcontractors

4.6 Contractor's Equipment and Facilities

4.7 Public Safety and Convenience

4.8 City-Contractor Coordination

4.9 Permits

4.10 Contractor's Responsibility for the Work and Materials

4.11 Laws to be Observed

4.12 Safety

5.0 CONTROL OF WORK AND MATERIALS

5.1 Means and Methods

5.2 City Furnished Materials

5.3 Defective and Unauthorized Work

5.4 Unnoticed Defects

5.5 Right to Retain Imperfect Work

6.0 PROGRESS OF THE WORK

6.1 Beginning of Work

6.2 Time of Completion

6.3 Delays

6.4 Time Extensions

6.5 Liquidated Damages

6.6 Termination By City for Cause

6.7 Suspension By The City For Convenience

6.8 Termination By City for Convenience

6.9 Temporary Suspension of Work

7.0 SCOPE OF WORK - CHANGES IN THE WORK

7.1 Changes

7.2 Change Orders

7.3 Differing Site Conditions

7.4 Value Engineering Change Proposals (VECP)

7.5 Resolution of Disputes

7.6 Assertion of Claims

7.7 Dispute Resolution

8.0 PAYMENT

8.1 Scope of Payment

8.2 Partial Payments

8.3 Partial Payments - Inclusion of Materials on Hand

8.4 Right to Withhold Amounts

8.5 Substantial Completion
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00010-4

8.6 Final Inspection and Payment

8.7 Warranty of Title

9.0 EXISTING UTILITIES

9.1 General

9.2 Notification and Location

9.3 Damage and Protection

9.4 Utility Relocation and Rearrangement

10.0 APPLICABLE LAW/CODE REQUIREMENTS

11.0 USE OF SITE AND CLEAN UP

12.0 CORRECTION OF DEFFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD

00800 Supplementary Conditions

1.0 LOCAL EMPLOYMENT

2.0 COMMUNITY WORKFORCE AND TRAINING AGREEMENT

00810 Modifications to General Conditions

00820 Liability and Insu rance Requirements

1.0 INDEMNIFICATION

2.0 INSURANCE REQUIRMENTS

DIVISION 1 - GENERAL REQUIREMENTS

01010 Summary of Work

1.0 WORK COVERED BY CONTRACT DOCUMENTS

2.0 CONTRACT ADMINISTRATION

2.1 Name of Construction Manager

2.2 Name of Design Consultant

2.3 Name of City's Representative

3.0 TIME ALLOWED FOR COMPLETION

4.0 DAMAGES FOR DELAYS

5.0 WEATHER DAYS

6.0 WORK SEQUENCE AND CONSTRAINTS

7.0 OCCUPANCY REQUIREMENTS

8.0 CITY FURNISHED MATERIALS
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8.1 Contract Documents

9.0 TRENCH EXCAVATION

10.0 WORK UNDER OTHER CONTRACTS

11.0 CONTRACTOR'S WORK PERCENTAGE

12.0 UNDERGROUND FACILITIES

13.0 LEGAL AND CITY HOLIDAYS

01015 General Provisions

1.0 GENERAL

1.1 Description

1.2 Guarantee

1.3 Contractors License

1.4 Patents

2.0 PRODUCTS (Not applicable in this Section)

3.0 EXECUTION

3.1 Public Complaints

3.2 Guarantees and Warranties

3.3 Precedence of Contract Documents

3.4 Care and Protection of Property

3.5 Field Check of Existing Improvements

3.6 Protection of Existing Improvements

3.7 Cooperation With Others

3.8 Unfavorable or Hazardous Construction Conditions

3.9 Testing and Substantial and Final Completion

01025 Measurement and Payment

1.0 GENERAL

1.1 Measurement of Quantities

1.2 Units of Measurement

1.3 Certified Weights

1.4 Methods of Measurement

2.0 DESCRIPTION OF BID ITEMS

2.1. General

2.2 Duration of Prices

2.3 Bid Items

2.4 Payment for Mobilization

2.5 Payment for Startup and Demobilization

3.0 CONTRACTOR'S COST BREAKDOWN

01035 Modification Procedures
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Table of Contents
00010-6

1.0 CHANGES IN CONTRACT PRICE

2.0 NEGOTIATED CHANGE ORDERS

3.0 FORCE ACCOUNT PAYMENT

4.0 UNIT PRICE ADJUSTMENTS DUE TO INCREASED OR DECREASED

QUANTITIES

5.0 TIME EXTENSIONS FOR CHANGE ORDERS

6.0 CONTRACTOR CHANGE REQUESTS

7.0 VALUE ENGINEERING COST PROPOSALS

01040 Coordination

1.0 GENERAL

2.0 COOPERATION WITH OTHERS

3.0 ORGANIZATION AND COORDINATION

3.1 Monthly Reports

3.2 Daily Reports

3.3 Correspondence

4.0 SYSTEM OUTAGE REQUESTS

5.0 SEQUENCING OF THE WORK

6.0 ACCESS TO PROJECT FACILITIES

01050 Field Engineering

1.0 CHECK OF EXISTING IMPROVEMENTS

2.0 DATUM

3.0 LINES AND GRADES

01060 Regulatory Requirements

1.0 APPLICABLE CODES

1.1 Laws and Regulations

1.2 Codes

1.3 Specifications

2.0 LICENSES, FEES, AND PERMITS

2.1 Contractor’s License

2.2 Business License

2.3 Encroachment Permit (City of Stockton)

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Table of Contents
00010-7
01090 References

1.0 DEFINITIONS

2.0 ABBREVIATIONS

01200 Project Meetings

1.0 PRE-CONSTRUCTION CONFERENCE

1.1 Attendees

1.2 Agenda

1.3 Minutes

2.0 PROGRESS MEETINGS

2.1 Schedule

2.2 Attendees

2.3 Agenda

2.4 Minutes

3.0 CONFERENCES

4.0 POST CONSTRUCTION MEETING

01300 Submittals

1.0 DESCRIPTION

2.0 SUBMITTAL-GENERAL REQUIREMENTS

3.0 SCHEDULE OF VALUES

4.0 PROGRESS SCHEDULE

5.0 SHOP DRAWINGS

6.0 SAMPLES

7.0 MATERIALS LISTS AND EQUIPMENT DATA

8.0 INSTRUCTION MANUALS

9.0 INSTALLATION INSTRUCTIONS

10.0 CITY PERSONNEL TRAINING PLAN

11.0 OTHER SUBMITTALS

12.0 STORAGE INSTRUCTIONS

13.0 TOOLS, ACCESSORIES, SPARE PARTS, AND MAINTENANCE MATERIALS

14.0 RECORD DRAWINGS AND SPECIFICATIONS
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Table of Contents
00010-8

15.0 REVISION OF SUBMITTALS

16.0 CERTIFICATES

17.0 EARTHQUAKE DESIGN AND RESTRAINT

18.0 CONSTRUCTION PHOTOGRAPHS

18.1 Summary

18.2 Submittals

18.3 Media

18.4 General

01310 Progress Schedule

1.0 CONSTRUCTION SCHEDULE

1.1 Base Schedule

1.2 Responsible Person

1.3 Reports

01400 Quality Control

1.0 QUALITY CONTROL

2.0 INSPECTION

3.0 SAMPLES AND TESTS

3.1 Sampling

3.2 Testing

3.3 Test Standards

01500 Construction Facilities and Temporary Controls

1.0 GENERAL

2.0 TEMPORARY UTILITIES

2.1 Electrical Service

2.2 Water

2.3 Temporary Lightning

2.4 Heating and Ventilation

2.5 Sanitary Conveniences

3.0 CONSTRUCTION FACILITIES

3.1 Staging and False Work

3.2 Temporary Enclosures

3.3 Warning Devices and Barricades

3.4 Above Grade Protection

3.5 Use of Explosives

4.0 PROTECTION AND REST ORATION OF PROPERTY

5.0 PROJECT SECURITY
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Table of Contents
00010-9

5.1 Fire Extinguisher

5.2 First Aid

5.3 Temporary Fences

6.0 ACCESS ROADS

7.0 SPECIAL CONTROLS

7.1 Dust Control

7.2 Mud Control

7.3 Noise Abatement

7.4 Working Hours

7.5 Drainage Control

7.6 Construction Cleaning

7.7 Dispose of Material

7.8 Parking and Storage Areas

8.0 TRAFFIC REGULATION

8.1 General

8.2 Haul Routes

8.3 Traffic Control

9.0 PROJECT OFFICE

10.0 CONTRACTOR’S SAFETY RULES

01600 Material and Equipment

1.0 STORAGE OF MATERIALS

2.0 HAZARDOUS MATERIALS

3.0 MATERIAL AND EQUIPMENT SUBSTITUTIONS

3.1 General

3.2 Substitutions

3.3 Modifications and Costs

01660 System Testing

01670 Training

1.0 GENERAL

2.0 INSTRUCTIONS

3.0 SCHEDULING

4.0 INSTRUCTION PROGRAM

5.0 LOCATION

6.0 RECORD OF TRAINING SESSIONS

01700 Contract Closeout
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Table of Contents
00010-10

1.0 INSTRUCTION MANUALS

2.0 EQUIPMENT START-UP

3.0 FINAL CLEANING

3.1 Final Clean-up

3.2 Final Building Clean-up

4.0 PROJECT COMPLETION

4.1 Substantial Completion

4.2 Final Completion

4.3 Project Record Documents

5.0 GUARANTEE

TECHNICAL SPECIFICATIONS

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Table of Contents
00010-11

EXHIBIT 2
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Notice Inviting Bids
00020-1
SECTION 00020 - NOTICE INVITING BIDS

NOTICE IS HEREBY GIVEN that sealed bids are invited by the City of Stockton, California to provide all labor, materials, equipment, and perform all work necessary for the construction of the Smith Canal Sanitary Pump Station Odor Control Unit Replacement and in accordance with the plans and specifications for Project Number UW23021.

The work includes furnishing and installing a ne w activated carbon odor control system, and any necessary ancillary parts needed to connect to the existing pipe, located at the Smith Canal Sanitary Pump Station. The Contractor shall also demolish and dispose of existing odor contro l system (P-600 Biofilter), place 2-inch bonded concrete overlay over existing concrete pad and repair curb along existing concrete pad.

The work shall be performed in accordance with the intent of the Contract Docum ents, including as stated in the Contract and the Technical and Special Provi sions, excluding only the work indicated or specified to be provided by the City or others under separate contract or othe r arrangement. In the event of a conflict between the Project Specifications and the City of Stockton Standard Specifications and Plans, the Project Specifications shall take precedence.

The project specifications and plans can be downl oaded from the City of Stockton’s website at http://www.stocktongov.com/services/business/bidflash/mud.html?dept=Municipal_Utilities; however, official bid documents including plans, specifications, and a plan holder number, must be obtained from ARC Document Solutions in order to bid this project. The completed official sealed bid packet, including the plan holder number, must be delivered to the Office of the City Clerk, City Hall, 425 North El Dorado Street, Stockton, California 95202, up to, but not later than 2:00 p.m., on Thursday, January 26, 2023.

A non-mandatory pre-bid conference will be held at 10:00 a.m., Thursday, January 12, 2023 at the Smith Canal Sanitary Pump Station, 2130 Fonta na Ave, Stockton, California 95204.

Prospective bidders shall monitor City’s website/bid flash for any project addenda or updates.

As prescribed in the Instructions to Bidders for this project, a bid guaranty in an amount not less than ten percent [10%] of the total base bid price, plus additives, if any, and conforming to the prescribed bidding procedures is required to be submitted with each bid, as a guaranty to be forfeited should the bidder, if awarded the Contract, fail to enter into the same, or fails to furnish in a timely manner the bonds and/or proof of insurance. Each bid shall also be accompan ied by the Non-Collusion De claration, and all of the other required documents and information furnished in t he official bidding documents. Each bid shall be enclosed in a sealed envelope clearly marked "BID" and shall indicate the project name, project number, bid opening date, and contractor's name and address. Bidders and the public are invited to be present at the public opening and declaration of said bids. Official bid documents received after the designated time will not be accepted. No bidder may withdraw its bid for a period of sixty (60) days after the date set for the opening of bids.

The project is to be substantially completed wi thin three -hundred and sixty (360) consecutive
calendar days from the date specified in the Notice to Proceed, and final completion will be achieved thirty(30)
consecutive calendar days thereafter. Ti me for commencement and completion of the work is consequential, and time is to be of the essence of the Contract.

All bidders shall be licensed under the provisions of Chapte r 9, Division 3 of the Business and Professions Code of the State of California. Th e Contractor shall pos sess a valid Class A license at the time the bid is submitted and retain the license through the duration of the project. Failure to possess the specified license shall render the bid as non-responsive. The successful Contractor shall obtain a City of Stockton business license prior to c ontract execution and retain the license through the duration of the project.

All bidders must comply with the State o
f California Contractor Registration Requirements, which states all Contractors or subcontractors shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.

In compliance with Senate Bill 854 and the
California Labor Code, all bidders shall include with
their bid proof of registration from the Department of Industri al Relations that includes the contractor’s legal EXHIBIT 2
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Notice Inviting Bids
00020-2
name, registration number, license type/number, registration date and expiration date, for every contractor and subcontractor, regardless of tier. Submittal of subcontractor’s registration information regardless of tier is due no later than four business days after bid opening.

The general prevailing rate of wages for each craft or type of worker or mechanic needed to perform the Contract is on file with the City of Stockton. Bidders are hereby notified that the successful bidder and any subcontractor under that contract shall pay prevailing wage rates in performing the Contract.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.

Pursuant to Stockton Municipal Code Section 3.68.090 preference shall be given to the purchase of supplies, materials, equipment, and contractual se rvices from local merchants, quality and price being equal. Local merchants who have a physical busines s location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted two (2) percent bid preference. Local merchants who have a physical business location within the boundaries of the City of Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be gr anted five (5) percent bid preference. This section is intended to provide preference in the award of cert ain City contracts in order to encourage businesses to move into and expand within the City.

For contracts valued at $100,000 and above, pur suant to Stockton Municipal Code Section

3.68.095 the contractor and all subcontractors shall make a good faith effort to employ at least 50% of the workforce on this project from local residents, as measured by total labor work hours. Failure of any contractor or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. Contract ors and subcontractors shall maintain records necessary for monitoring their compliance with Section 3.68.095.

For contracts valued at $1,000,000 and above, pursuant to the im plementation of the Community Workforce and Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of the CWTA .

If the Contract is to be awarded, the Contract will be awarded to the lowest responsive, responsible bidder as defined in the Stockton Municipal Code; provided, however, the City Council reserves the right to reject any and all bids, and to re-advertise for bids or to provide for the work to be done by the City of Stockton's internal work force.

The successful bidder shall be required to furnish a Labor and Materials Bond and a Faithful Performance Bond, each in the sum of one hundred percent (100%) of the contract bid price. Said bonds shall be furnished by a company authorized to issue surety bonds in the State of California, on official forms furnished by the City, and said bonds shall be executed by the surety and contractor before or concurrently with the signing of the Contract. The acceptable surety will meet the minimum standard as set forth in the contract documents.

For information on technical data, contact Asael Gutierrez, Municipal Utilities Department, (209) 937-5428, e-mail: asael.gutierrez@stocktonca. gov. For information regarding the cost for the reproduction of the official bid package or to obtain a plan holders list, please contact ARC Document Solutions at 1421 N. El Dorado Street, Stockton, CA 95202, (209) 464-8724 or visit their plan room at https://order.e-arc.com/arcEOC/PWELL_PublicList.asp?mem=23.

ELIZA R. GARZA, CMC

CITY CLERK

CITY OF STOCKTON
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Instructions to Bidders
00100-1
SECTION 00100 - INSTRUCTIONS TO BIDDERS

1.0 WORK TO BE DONE

It is the intention of the City to construct improvements as shown and set forth on the plans, specifications, profiles and detailed drawings, and in the particular lo cations shown on the drawings. All of the work is particularly set forth in the plans and specifications, and all of said work, together with all other work incidental thereto, is included. By submitting a bid, the bidder represents that it has the ability, qualifications and experience to perform the proposed work.

The work includes the furnishing of all labor, materials, incidentals and equipment necessary for the Smith Canal Sanitary Pump Station Odor Control Unit Replacement (Project No. UW23021). The Contractor shall be required to provide, at its own cost and expense, all necessary insurance, as required by law or these specifications, and shall pay the cost and expense of any and all incidental matters herein required.

2.0 EXAMINATION OF CONTRACT DOCUMENTS

Each bidder shall thoroughly examine and become familiar with the Contract Documents. The submission of a bid shall constitute an acknowledgment upon which the City may rely, and shall constitute conclusive evidence, that the bidder has thoroughly examined and is familiar with the Contract Documents. The failure or neglect of a bidder to receive or examine any of the Contract Documents shall in no way relieve it from any obligation with respect to its proposal or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract Documents.

3.0 INSPECTION OF SITE

Bidders are required to inspect the site of the work to satisfy themselves by personal examination or by such other means as they may prefer, of the location of the proposed work, and of the actual conditions, including subsurface, of and at the site of work. If, during the course of its examination, a bidder finds facts or conditions which appear to be in conflict with the letter or spirit of the bidding documents, the Bidder may apply to the City, in writing, for additional information and explanation before submitting its bid.

Submission of a bid by the bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied and is relying on its own examination of:

a. The site of the work.

b. Access to the site.

c. All other data and matters requisite to the fulf illment of the work and on its own knowledge of existing facilities on and in the vicinity of the site of the work to be constructed under the Contract.

d. The conditions to be encountered.

e. The character, quality an d scope of the proposed work.

f. The quality and quantity of the materials to be furnished.

g. The requirements of the bid, the plans, the specifications, and the other Contract Documents.

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The information provided by the City is not intended to be a substitute for, or a supplement to the independent verification by the bidder to the extent su ch independent investigation of site conditions is deemed necessary or desirable by the bidder.

3.1 PRE-BID CONFERENCE

The City may hold a pre-bid conference prior to the bi d opening date. The pre-bid conference is held to answer questions bidders may have, provide bidders wi th access to the site, discuss important contract considerations, and provide any clarifications that may have come to the City’s attention.

Bidders may be required to attend the pre-bid conference on the date indicated on the specifications. If any bidder fails to attend the pre-bid conference when it is indicated as being mandatory on the specifications, then their bid will be deemed non-responsive, which will result in bid rejection.

4.0 INTERPRETATION OF CONTRACT DOCUMENTS

Oral representations or interpretations by the City as to the meaning of the Contract Documents shall have no legal or binding effect. Requests for an interpretation shall be made in writing and delivered at least ten (10) days before the time announced for opening the bids to:

Asael Gutierrez
Project Manager
Municipal Utilities Department
2500 Navy Drive
Stockton, CA 95206

The City's response to requests to clarify the source of materials, equipment, suppliers or any other such matter which does not modify, change, increase, or de crease the scope of work requires no action by the City other than a response to the bidder requesting the clarification. The City's response to written requests to clarify possible ambiguous or incomplete statemen ts or designs, or any other such clarification which modifies, changes, increases or decreases the sc ope of work, requires issuance of an addendum by the City for the interpretation to become effective. It is the City's sole discretion whether or not to issue an addendum in response to a request for clarification.

5.0 POSTPONEMENT OF OPENING

The City reserves the right to postpone the date and time for receiving and/or opening of bids at any time prior to the date and time established in the Notice Inviting Bids. Postponement notices shall be mailed to planholders of record in the form of addenda.

6.0 OPENING OF BIDS

All bids except those which do not contain a bid security, irrespective of any other irregularities or informalities, if received on time, will be opened and publicly read aloud at the time and place set forth in the Notice Inviting Bids. Bidders, their representatives and other interested persons may be present at the opening and reading of bids.

Any bids received after the time for receiving and opening bids as set forth in the Notice Inviting Bids or as postponed by addenda will be considered non-responsive and will not be opened. Any such bids will be returned unopened to the Bidder.

The public reading of each bid will include at least the following:
a. Name of bidder.

b. The total amount of bid.

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c. The nature and amount of the se curity furnished with the bid.

7.0 PREPARATION OF BID FORMS

Bids shall be submitted on the official bid documents and must be submitted at the time and place stated in the Notice Inviting Bids. All blanks in the bid forms must be appropriately filled in, either in ink or typed, and all prices must be stated in figures. All bids must be submitted in sealed envelopes bearing on the outside the name of the bidder, its address, the bidder's planholder number, the date of the bid opening, and the name and project number of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that its bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopen ed. City shall not be responsible for errors or omissions in the bid. Bidders shall write their names on each bid form at the space provided.

8.0 BIDDER'S SIGNATURE AND AUTHORITY

If the bid is made by an individual, his/her name, signature, and post office address must be shown; if made by a firm or partnership, the name and post office addre ss of the firm or partnership, a list of the partners, and the signature of at least one of the general partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of wh ich the corporation is chartered, the name and post office address of the corporation, and the title of t he person who signs on behalf of the corporation. If the bid is made by a joint venture, the bid shall be signed by a representative of one of the joint venture firms.

9.0 ERASURES AND CORRECTIONS

The bid submitted must not contain any erasure, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the initial or initials of the person or persons submitting the bid.

10.0 BID IRREGULARITIES

Changes in or additions to the bid form, recapitulations of the work bid upon, alternative bids, or any other modifications of the bid form which are not specifically called for in the Contract Documents may result in rejection of the bid by the City, as not being responsive to the Notice Inviting Bids. No oral or telephonic modification of any bid submitted will be considered. The City retains the right to waive minor irregularities it determines to have no impact on the Contract.

11.0 MODIFICATION OF BID

On written request filed with the City, a bid already received may be modified or withdrawn at any time prior to the time established for receiving bids. The request must be executed by the bidder, or its authorized representative as described in Paragraph 00100-8.0, Bidder's Signature and Authority. Modifications shall be made in writing, executed, and submitted in the same form and manner as the original bid. Withdrawal of a bid does not prejudice a bidder's right to submit a new bid within the time designated for the submission of bids. No bid may be withdrawn after the time est ablished for receiving bids except as provided in Paragraph 00100-12.0, Withdrawal of Bids.

12.0 WITHDRAWAL OF BIDS

In accordance with the Stockton Municipal Code, withdrawal of bids is not allowed after the time noticed for the opening of bids. In case of a materially significant error, a bidder desiring to withdraw shall give written notice to the City, specifying, in detail, how t he mistake occurred and how the mistake made the bid materially different than it was intended to be. Withdrawal will not be permitted for mistakes resulting from EXHIBIT 2
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errors in judgment or carelessness in inspecting the site of the work or in reading the Contract Documents.

At the City's sole discretion, the bid may be deemed non-responsive due to the materially significant error.

13.0 ADDENDA

The Director of Municipal Utilities has the authority to issue any and all Addenda prior to the bid opening date. Addenda issued during the time of bidding shall become a part of the documents furnished to bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the Contract. Each bid shall include specific acknowledgment in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge shall result in the bid being rejected as not responsive. Failure of any bidder to receive such Addenda shall not be grounds for non-compliance with the terms of the instructions.

14.0 BID PRICES

Bid prices shall include, whether additive or deductive, everything necessary for the completion of the work, including but not limited to, providing the materials, equipment, tools, fabrication, delivery, installation, plant and other facilities, and the management, superintendence, labor, overhead, profit, and services. Bid prices shall include all taxes required by Paragraph 00700-8.1.3, Payment of Taxes. No tax exemption certificate or any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract. Quote prices for the exact amount for all work required to complete the respective item as described and shown in the Contract Documents.

For unit price bid items, if the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern, and the co rrect product of the unit price and the estimated quantity shall be deemed to be the amount bid. If the sum of two or more items in a bidding schedule does not equal the total amount quoted, the individual item amounts shall govern, and the correct total shall be deemed to be the amount bid.

15.0 BID GUARANTY

The bid form shall be accompanied by a bid guaranty bond provided by a surety company licensed and authorized to carry on business in the State of California, by a certified or cashier's check, payable to the City, or cash, in the sum of at least ten (10) percent of the total amount of the base bid price, plus additives, if any. The amount payable to the City under the bid guaranty bond, or the certified or cashier's check and the amount thereof, as the case may be, shall be forfei ted to the City as liquidated damages in case of a failure or neglect of the bidder to furnish, execute, and deliver to the City the required performance and payment bonds, evidences of insurance; and to enter into, execute, and deliver to the City the Agreement on the form provided herewith, within ten (10) calendar days after receiving written notice from the City that the award has been made and the Agreement is ready for execution.

The bid guarantees of the three lowest bidders will be retained until the Agreement is signed, evidence of insurance provided, and satisfactory bonds furnished, or other disposition made thereof. The bid guarantees of all bidders, except the three lowest responsive bids, will be returned within 15 calendar days after the bids are opened.

16.0 QUALIFICATION OF BIDDER

Upon the request of City, any bidder whose bid is under consideration for the aw ard of the Contract shall promptly submit satisfactory evidence showing the bidder's financial resources, its construction experience, and its organization's availability for the performance of the Contract.

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The bidder may be required to establish to the satisfaction of the City the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the Contract Documents.

City Employees and Design Engineers May Not Bid on Construction Contracts. No employee of the City shall be eligible to submit a proposal for, nor to subcontract for any portion of, nor to supply any materials for any contract administered by the City.

No engineering or architectural firm which has provi ded design services for a project shall be eligible to submit a proposal for the contract to construct the pr oject nor to subcontract for any portion of the work.

The ineligible firms include the prime contractor for design, subcontractors of portions of the design, except for surveyors and geotechnical subcontractors and affiliates of either. An affiliate is a firm which is subject to the control of the same persons, through joint ownership or otherwise.

17.0 SUBCONTRACTORS

In accordance with California Public Contract Code Section 4100, et. seq., each bid shall have listed in the official bid documents, the name, portion of work to be performed, and location of the place of business of each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or improvement, or of any subcontractor licensed by the State of California who, under subcontract to the bidder, will specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the bidder's total bid.

Failure to list subcontractors may render the bid non- responsive and may be grounds for rejection of the bid. Failure to comply with the provisions of the California "Subletting and Subcontracting Fair Practices Act" shall make the Contractor subject to the sanctions as set forth in the Act. All work, in excess of one- half of one percent of the bidder's total bid, for whic h a subcontractor is not listed in the official bid documents, shall be performed by the Contractor's own organization.

The Contractor shall perform at a minimum the pe rcentage of work specified in Section 01010-11.0, CONTRACTOR'S WORK PERCENTAGE, with its own forces and shall not subcontract out this portion of work. The Contractor shall perform that contract work with his own organization, except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the original total cont ract price before comput ing the amount of work required to be performed by the Contractor with hi s own organization. When items of work in the BID SCHEDULE, are preceded by the letter (S), said item s are designated "Specialty Items." The City may also determine, on a case by case basis, items to be designated "Specialty Items." Where an entire item is sub-contracted, the valu e of work subcontracted will be based on the contract item bid price. When a portion of an item is sub-contracted, the value of work subcontracted will be based on the estimated percentage of the contract item bid price, determined from information submitted by the Contractor, subject to approval by the City.

18.0 MAJOR EQUIPMENT ITEMS
Intentionally left blank

19.0 SUBSTITUTIONS DURING BIDDING

Manufacturers or suppliers of materials and equipment may offer an alternative product to the Contractor, except where alternatives or substitutes are specifically excluded, and request that alternatives to specified products be considered equal. Inclusion of such alternatives in the bid is the responsibility of the Contractor.

Inclusion should only be considered if the Contractor believes the offered alternative is equal in quality and performance to the specified product. After award of t he Contract, such offers of alternative products will be reviewed and processed as a substitution as provided under Section 01600, MATERIAL AND EXHIBIT 2
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EQUIPMENT. Inclusion or offers of alternative products will not be reviewed or processed during the bidding period.

20.0 BIDDERS INTERESTED IN MORE THAN ONE BID

No person, firm, or corporation, under the same or different name, shall make, file, or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm, or corporation may, however, submit sub proposals or quote prices on materials to more than one bidder.

Bidders shall execute and furnish with their bids, the NON-COLLUSION DECLARATION furnished in the official bid documents. Reasonable grounds to believe that any indivi dual, partnership, corporation, or combination is interested in more that one bid for the proposed work may cause rejection of all bids in which that individual, partnership, corporation, or combination is interested.

21.0 SHEETING, SHORING AND BRACING

Pursuant to the provisions of California Labor Code Sect ion 6707, each bid submitted shall contain, if the bid item is indicated, the amount included in its bid for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the bidder warrants that its action does not convey tort liability to the City, the Design Consultant, the Co nstruction Manager, and their employees, agents, and sub consultants.

22.0 WAGE RATES

Pursuant to provisions of the Labor Code Section 1770, e t. seq., of the State of California, the Director of the Department of Industrial Relations has ascertained the prevailing rate of per diem wages of the locality in which the Work is to be performed and applicable to the work to be done. Copies of these wage determinations are on file with the City.

Successful bidders shall promptly notify the City, in writing, about all the classifications of labor not listed in the prevailing wage determinations but necessary for the performance of the Work.

23.0 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS

As provided by Section 4552, et. seq., of the Califor nia Government Code, in submitting a bid to the City, the bidder offers and agrees that if the bid is accepted, it will assign to t he City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the City pursuant to the bid.

24.0 ASSIGNMENT OF CONTRACT

The Contractor shall not assign an y part of this Contract unless it complies with Section 00700-1.5, SUCCESSORS AND ASSIGNS.

25.0 REJECTION OF BIDS

The City reserves the right to reject any and all bids and further reserves the right to reject any bids which are non-responsive, incomplete, obscure, or irregular; any bids which omit a bid on any one or more items on which the bids are required; any bids in which unit prices are unbalanced in the opinion of the City; any bids accompanied by insufficient or irregular bid guaranty; any bids from bidders who have previously failed to perform properly or to complete on time contracts of any nature; and any bidder who fails to provide EXHIBIT 2
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satisfactory documentation of its qualifications as required by Section 00100-16.0, QUALIFICATION OF BIDDER. The City reserves the right to waive irregularities.

26.0 CONTRACT AND BONDS

The successful bidder will be required to furnish, in duplicate counterpart, a Labor and Material Bond on forms provided by the City, in an amount equal to one hundred percent (100%) of the Contract Price, a Faithful Performance Bond in an amount equal to one hundred (100%) of the Contract Price, and evidences of insurance. Said insurance and bonds shall be secured from a surety company satisfactory to the City.

The form of contract, and the forms of bonds, as pr ovided in Section 00500, which the successful bidder as Contractor will be required to execute and furnish shall be carefully examined by the bidder. The Faithful Performance Bond is to secure the faithful performance of the Contract, and the Labor and Material Bond is to secure the payment of thos e to whom the bidder may become legally indebted for labor, materials, tools, equipment, or services of any kind used or employed by the bidder in performing the work.

The Faithful Performance Bond will be retained by the City of Stockton for twelve (12) months following final acceptance by the City of the improvements to guarantee correction of failure attributable to workmanship and materials. Upon said final accept ance by the City, the amount of the Faithful Performance Bond may be reduced to twenty percent (20%) of the actual improvement construction costs, at the sole discretion of the City.

The bonds required of the Contractor shall be furnished by a company authorized to do a surety business in the State of California: said bonds shall be executed by the surety and Contractor before or concurrently with the signing of the contract. The form of said bonds must be approved by the City Attorney and the surety of sureties must be approved by the City Finance Director.

All alterations, extensions of time, extra or addi tional work and other changes authorized by these specifications, or any part of the Contract may be made without securing the consent of the surety on the contract bonds.

27.0 AWARD OF CONTRACT

Within sixty (60) days after the time of opening of the bids , the City will act either to accept a bid, to reject all bids or with the consent of the bidders and their sure ties to extend the time in which the City may act.

Nothing set forth herein shall limit th e ability of the City to agree with the lowest responsive, responsible bidder to extend the time for the City to award the Cont ract to said bidder. The Award of Contract shall obligate the bidder whose bid is accepted to furnish performance and Labor and Material bonds and evidence of insurance, and to execute the Agreement in the form set forth in the Contract Documents. The Contract will require the completion of the work according to the Contract Documents.

If award is made, it will be based on the lowest responsive, responsible bid whose summation of the base bid and City selected alternates yields the lowest total Contract price. Selection of any or all alternates shall be at the sole discretion of the City.

28.0 EXECUTION OF CONTRACT

The Agreement shall be executed by the successful bidder and returned, together with the Contract bonds and evidence of insurance, within ten (10) days after receiving the Contract. Time is of the essence in this regard. After execution by City, one copy of the Agreement shall be returned to Contractor.

The failure to execute the Contract Documents or to furnish the bonds or insurance required by these instructions within ten (10) days after receiving the Contract constitutes a default. In the event of a default, the City may award the Contract to the next lowest bidder or may re-advertise for bids. The City may charge EXHIBIT 2
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against the defaulting bidder the greater of (1) the amount of the bid bond, or (2) the difference between the amount of the bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid bond. If a more favorable bid is received by re-advertising, the defaulting bidder shall have no claim against the City for a refund.

29.0 BUSINESS LICENSE

The Contractor must obtain and maintain a valid City of Stockton business license prior to execution of the Contract and throughout the fiscal periods embraced by the duration of the Contract.

30.0 CONSTRUCTION AND DEMOLITION DEBRIS

In order to comply with the California Integrated Waste Management Act of 1989, Assembly Bill 939, the City of Stockton requires that construction and demolition projects recycle a minimum of fifty percent (50%) of all discarded materials generated by the projects to divert project waste from the landfills.

a. CONSTRUCTION AND DEMOLITION RECYCLING PLAN
This plan is meant to assist contractors with identifying the types and quantities of materials that will be generated as a result of the project in order to find diversion outlets for these materials.

Once the Contract has been awarded, the contractor is required to complete and submit a Construction/Demolition (C&D) Recycling Plan prior to receiving a Notice to Proceed. The plan should be submitted to the Project Manager at the pre-construction meeting. The City may also request additional information, as necessary.

b. CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING REPORT
The contractor must complete the Constructi on and Demolition (C&D) Debris Recycling Report within thirty (30) days of construction or demolition project completion (Notice of Completion). The completed must be accompanied by the official weight tags or receipts verifying the information provided in the report and must be submitted to the City of Stockton Public Works Department, Solid Waste Division, Stewart Eberhardt Building, 22 E. Weber Ave., Room 301, Stockton, CA 95202. Failure to provide the C&D Recycling Report form will result in a five percent (5%) withholding of the contract amount.

(Recycling forms are available at http://www.stocktongov.com/files/C&D%20Package.pdf).

31.0 BID PROTESTS

All parties wishing to file a protest shall comply with the procedures set forth below.

All protests regarding the bidding pr ocess or the award, or intended award, of any contract must be submitted in writing to the City Attorney on or before 5:00 p.m. of the fifth business day following the opening of all bids, unless a different time period is specified in the Notice Inviting Bids or other bid solicitation documents. All protests must be addressed to: City Attorney, City of Stockton, 425 North El Dorado, Stockton, CA 95202.

The party filing the protest must have actually submi tted a bid for the work. A subcontractor of a bidder may not submit a bid protest.

The protest shall contain a full and complete statement specifying in detail the grounds of the protest and the facts in support thereof. The protest must be hand delivered or sent via mail so that it is received by the City Attorney within the time period set forth above. The protest document must include the following:

a. A complete statement of the fact ual and legal basis for the protest; EXHIBIT 2
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b. The protest must include t he name, address and telephone number of the person representing the protesting party; and
c. The protesting party must concurrently transmit a copy of the written protest document and any attached documentation to all other bidders who may have a reasonable prospect of receiving the award depending upon the outcome of the protest.

The procedure and time limits set forth herein are mandatory and the bidder's sole and exclusive remedy in the event of protest. No bidder may bring an acti on or proceeding challenging the bidding process or any award, or intent to award, an y contract unless the above procedures are followed. The failure of a party originating a protest to comply with these procedur es shall constitute a waiver of any right to further pursue the protest, including filing a government code claim or legal proceeding. The City reserves the right to modify the bid protest procedures in the Notice Inviting Bids or other bid solicitation documents and to require any protesting party to submit additional or clarifying information or documentation in support of any protest.

32.0 LOCAL EMPLOYMENT
For contracts valued at $100,000 and above, pur suant to Stockton Municipal Code Section

*** END OF SECTION ***
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SECTION 00220 - GEOTECHNICAL DATA

Subsoil investigations have not been conducted at the site of the work.

The Contractor should visit the site and acquaint hims elf with all existing conditions. Prior to bidding, contractors may make their own subsurface investigations to satisfy themselves as to site and subsurface conditions, but such subsurface investigations shall be performed only under time schedules and arrangements approved in advance by the Engineer.

***END OF SECTION***

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Geotechnical Data
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Bid Schedule
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SECTION 00300 – LIST OF BID ITEMS

SMITH CANAL SANITARY PUMP STATION ODOR CONTROL UNIT

REPLACEMENT
Project No. UW23021

Item
# Description Est.

Quantity

Unit Unit Price Total Price
1 Mobilization, Demobilization, Bonds,
Permits and Insurance On All Work 1 L S
2 Demolition and Disposal of Existing
Odor Control Unit 1 L S
3 Furnish and Install New Odor
Control Unit 1 L S
4 Repair Existing Concrete Slab 1 LS
5 Provide O&M Training and Manuals 1 LS
6 Contingency 1 LS $20,000.00 $20,000.00
TOTAL BID: The sum of Items 1 through 6

***END OF SECTION***

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Construction Contract
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SECTION 00500 - CONSTRUCTION CONTRACT

This contract is made and entered into on _____________, by and between NAME OF CONTRACTOR, a (INDICATE STATUS: STATE OF [NAME STATE] CORPORATION, PARTNERSHIP, OR SOLE PROPRIETORSHIP) , with a business address at ADDRESS/CITY/STATE/ZIP, 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 PROJECT NAME (PROJECT NO. xx), hereinafter called “PROJECT,” were regularly adopted by Council Motion –OR- Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Motion –OR- 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 Motion –OR- 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, material s, tools, and equipment nece ssary 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 Muni cipal Utilities Department of the City of Stockton.

Total compensation for services and reimbursement for costs shall not exceed ENTER CONTRACT AMOUNT, 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, 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.

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 Stockt on’s insurance or self-insurance and shall be at least as broad as ISO 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 EXHIBIT 2
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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 the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in th e amount of the self-insur ed 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 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 in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Document s. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Co ntract 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 in surance 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. To the fullest extent perm itted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

5. 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 S eptember 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 Municipal Utilities Department 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. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRA CTOR will pay to CITY the sum of XXX AND NO/100 DOLLARS EXHIBIT 2
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($XXX) 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 u nder the contract is not finished and completed in all parts and requirements within the number of days as sp ecified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, 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 CONTRA CTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Municipal Utilities Department, inability to get materials ordered by CO NTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of M unicipal Utilities Departm ent in writing of the causes of delay within five (5) working days from th e 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 of Municipal Utilities Depart ment 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 ordi nances. Contractor shall not discriminate in the employment of persons or in the provision of serv ices under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

a. TITLE 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)
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 discri mination 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 fo r reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

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c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE

The bidder shall understand that conditions set forth in Division 2, Part 7, Chapter 1, Article 2, Wages 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 Co de, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a co py of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure 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.pdf. The CONTRACTOR shall be responsible for po sting 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 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 w ill not be required. To conform strictly with the provisions of Divisi on 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 ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Municipal Utilities 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.

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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. LOCAL EMPLOYMENT ORDINANCE

For contracts valued at $100,000 and above, pursuant to Stockton Municipal Code Section

3.68.095 the CONTRACTOR and a ll subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with Section 3.68.095.

f. COMMUNITY WORKFORCE TRAINING AGREEMENT

For contracts valued at 1,000,000 and above, p ursuant to the impl ementation of the Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of the CWTA. For any project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and no separate compliance with Section 3.68.095 will be r equired of the Cont ractors/Employers working on the project.

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 cert ificate of the Director of Municipal Utilities Department as to the amount of work done and the pr oportional amount of the contract price represented therefore; and all of the remaining part of the contra ct 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 Municipal Utilities Department 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 secu rities 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 cha nge 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 EXHIBIT 2
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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 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. 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.

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 parti es 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.

A T T E S T : C I T Y :

ELIZA R. GARZA, CMC

CITY CLERK

CITY OF STOCKTON

B y :

By: HARRY BLACK

CITY MANAGER

APPROVED AS TO FORM & CONTENT:

JOHN M. LUEBBERKE

OFFICE OF THE CITY ATTORNEY
B y :

LIST NAME OF CONTRACTOR
B y :

ASSISTANT CITY ATTORNEY
Tax Identification No.

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LOCAL EMPLOYMENT ORDINANCE

This contract is subject to the requirements of the City of Stockton’s Local Employment Ordinance. By my signature below, I cert ify that I have read and understood the Local Employment Ordinance of the City of Stockton, and agree to abide by its provisions. If selected to perform this contract, I specific ally agree to report data on the actual number of Stockton residents employed, and understand that data will be subject to verification by an independent auditor.

Signature of Bidder

D a t e S i g n e d

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Addendum A

CITY OF STOCKTON COMMUNITY WORKFORCE AND TRAINING AGREEMENT

AGREEMENT TO BE BOUND

The undersigned, as a Contractor or Subcontractor, including construction material trucking company/entity, (CONTRACTOR) on the City of Stockton Project, (hereinafter PROJECT), for and in consideration of the award to it of a contract to perform work on said PROJECT, and in further consideration of the mutual promises made in this Community Workforce and Training Agreement (hereinafter AGREEMENT), a copy of which was received and is acknowledged, hereby:
(1) Accepts and agrees to be bound by the terms and conditions of the AGREEMENT for this Project, together with any and all amendments and supplements now existing or which are later made thereto:

(2) The CONTRACTOR agrees to be bound by the legally established local trust agreements designated in the applicable Schedule A as set forth in Article IV of this AGREEMENT.

(3) The CONTRACTOR authorizes the parties to such local trust agreements to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the CONTRACTOR;

(4) Certifies that it has no commitments or agreements which would preclude its full and complete compliance with the terms and conditions of said AGREEMENT.

(5) Agrees to secure from any CONTRACTOR(S) (as defined in said AGREEMENT) which is or becomes a subcontractor (of any tier) to it, a duly executed Agreement to be Bound in form identical to this document.

(6) This Agreement to be Bound constitutes a subscription agreement to the extent of its terms. However, the undersigned agrees to execute a separate Subscription Agreement(s) or contributing employer agreement for Trust Funds when such Trust Fund(s) requires such document(s).

Date:______________________ __________________________________ N a m e o f C o n t r a c t o r

__________________________________
(Name of Contractor Representative)

__________________________________
(Authorized Officer & Title)

__________________________________
C S L B # o f M o t o r C a r r i e r P e r m i t

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EXHIBIT A

SMITH CANAL SANITARY PUMP STATION ODOR CONTROL UNIT

REPLACEMENT
Project No. UW23021

Item
# Description Est.

Quantity

Unit Unit Price Total Price
1 Mobilization, Demobilization, Bonds,
Permits, and Insurance On All Work 1 L S
2 Demolition and Disposal of Existing
Odor Control Unit 1 L S
3 Furnish and Install New Odor
Control Unit 1 L S
4 Repair Existing Concrete Slab 1 LS
5 Provide O&M Training and Manuals 1 LS
6 Contingency 1 LS $20,000.00 $20,000.00
TOTAL BID: The sum of Items 1 through 6

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EXHIBIT B

REFER TO SECTION 00820 – LIABILITY AND INSURANCE REQUIREMENTS

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EXHIBIT C

DISCRIMINATION AND HARASSMENT POLICY

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BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS:

That we, _______________________________, a (INDICATE STATUS: STATE OF [NAME STATE] CORPORATION, PARTNERSHIP, OR SOLE PROPRIETORSHIP), as Principal and , a 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, as obligee, in the just and full sum of SPELL OUT CONTRACT AMOUNT AND xx/100 DOLLARS ($xxx enter dollar amount), 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:

NAME OF PROJECT
(PROJECT NO. xxx)

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.

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No prepayment or delay in payment and no change, ex tension, 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 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 :

ASSISTANT CITY ATTORNEY

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BOND FOR LABOR AND MATERIAL

KNOW ALL MEN BY THESE PRESENTS:

That we, NAME OF CONTRACTOR , a ( INDICATE STATUS: STATE OF [NAME STATE] CORPORATION, PARTNERSHIP, OR SOLE PROPRIETORSHIP), 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 Sto ckton, a municipal corporation, dul y 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, prov ender or other supplies used in, upon, for or about the performance of the work contemplated to be exec uted or performed under the contract hereinafter mentioned, and all persons, companies, or corporatio ns 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 SPELL OUT DOLLAR AMOUNT AND xx/100 DOLLARS ($xxx enter dollar amount), 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:

NAME OF PROJECT
(PROJECT NO. xxx)

NOW, THEREFORE, if the above bounden Pr incipal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisi ons, 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, 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 EXHIBIT 2
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from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on .

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 :

ASSISTANT CITY ATTORNEY

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General Conditions
00700-1
SECTION 00700 - GENERAL CONDITIONS

1.0 GENERAL

1.1 Intent of Contract Documents

The intent of the Contract Documents is to include all necessary criteria to establish the scope and quality for completion of the Work by Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all. Performance by the Contractor shall be required to the extent consistent with, and reasonably inferable from, the Contract Documents.

Where the Plans or Specifications describe portions of the Work in general terms but not in complete detail, it is understood that only the be st general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish tools, equipment, and incidentals, and do all the work involved in executing the Contract in a satisfactory and workmanlike manner.

In the event the materials and/or equipment are to be furnished by the City, as designated in the General Requirements or as agreed on, this sh all not relieve the Contractor of the above requirements to furnish all other labor, materials, and equipment to complete the Contract.

It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to the City.

1.2 Discrepancies and Omissions

Any discrepancies or omissions found in the Contract Documents shall be reported to the Construction Manager immediately. The Construction Manager will clarify discrepancies or omissions, in writing, within a reasonable time.

In the case of conflict or inconsistencies betw een terms of the Contract Documents, the following order of precedence shall apply:

a. The Contract and Exhibits, including change orders and permits;

b. Supplementary Conditions and their Exhibits;

c. Instructions to Bidders;

d. General Conditions and their Exhibits;

e. The Project Specifications;

f. The Project Drawings;

g. City of Stockton St andard Specifications;
h. City of Stockton Standard Drawings;

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i. Where no order of precedence is stated, or if conflict or inconsistency cannot be resolved by a careful review of the Contract Docume nts, the more stringent of the requirements shown or specified shall be controlling.

Organization of the Specifications into vari ous subdivisions and the arrangement of the Drawings shall not control Contractor in dividing the Work among subcontractors, in trades, or into design packages, or in establishing the extent of work to be performed by any trade.

Unless otherwise stated in the Contract Documents, technical words and abbreviations contained in the Contract Documents are used in accordance with commonly understood design professional and construction industry meanings; and non-technical words and abbreviations are used in accordance with their commonly understood meanings.

The Contract Documents may omit modifying words such as “all” and “any,” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. The use of the word “including,” when following any general statement, shall not be construed to limit such statement to specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation,” “but not limited to,” or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement.

Whenever the context so requires, the use of the singular number shall be deemed to include the plural and vice versa. Each gender shall be deemed to include any other gender, and each shall include corporation, pa rtnership, trust, or other legal entity, whenever the context so requires. The captions and headings of the various subdivisions of the Contract Documents are intended only for reference and convenience and in no way define, limit, or prescribe the scope or intent of the Contract Documents or any subdivision thereof.

1.3 Headings

Headings to parts, divisions, sections, articles, paragraphs, subparagraphs, and forms are inserted for convenience of reference only and shall not affect the interpretation of the Contract Documents.

1.4 Penalty for Collusion

If, at any time, it is found that the person, fi rm, or corporation to whom the Contract has been awarded has, in presenting any bid or bids, co lluded with any other party or parties, then the Contract shall be null and void, and the Contractor and its sureties shall be liable for loss or damage which the City may suffer thereby, and the City may advertise for new bids for said Work.

1.5 Successors and Assigns

The City and the Contractor, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to the partners, su ccessors, assigns, and legal representatives of such other party with respect to all covenants, agreements, and obligation contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other and consent of Surety.

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1.6 Assignment to City

Pursuant to Public Contract Code 7103.5, in enter ing into the Contract and all subcontracts, to supply goods, services, or materials pursuant to the Contract, the Contractor and its subcontractors offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract and subcontracts.

This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. Reference Paragraph 00100-23.

1.7 Rights and Remedies

The duties and obligations imposed by the Cont ract Documents and the rights and remedies available there under shall be in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or available by law.

No action or failure to act by the City, the De sign Consultant, or the Construction Manager shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under, except as may be specifically agreed in writing.

2.0 ADMINISTRATION

2.1 Administration of the Contract

The City's Representative, the Construction Manager, and the Design Consultant will provide administration of the Contract as hereinafter discussed. The duties, responsibilities and limitations of authority of the Design Consultant and the Cons truction Manager as the representatives of the City during the construction, as set forth in the Contract Do cuments, will not be modified or extended without written consent of the City.

In case of the termination of the employment of the Design Consultant or the Construction Manager, the City shall appoint a Design Consultant or a Construction Manager whose status under the Contract Documents shall be that of the former Design Consultant or Construction Manager, respectively.

2.2 City's Representative

2.2.1 General - The City's Representative has the authority to act on behalf of the City to implement change orders, progress payments, contract performance decisions, acceptability of the Contractor's work, and early possession.

2.2.2 Change Orders - The City's Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the Contractor or as recommended by the Construction Manager.

2.2.3 Progress Payments - The City's Representative has the authority to accept or reject requests for progress payments which have been submitted by the Contractor and recommended by the Construction Manager.

2.2.4 Contract Performance Decisions - Should the Contractor disagree with the Construction Manager's decision with respect to the contract performance, the Contractor may appeal to the City's Representative in accordance with the provisions herein.

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2.2.5 Acceptability of Work - The Ci ty's Representative has the authority to make the final determination of the acceptability of the Work. The City's Representative also has the authority to accept or reject the Design Consultant's recommendations regarding retention of defective work as provided.

2.3 Construction Management

2.3.1 General - The Construction Manager is a repres entative of the City employed to act as advisor and consultant to the City in construction matters related to the Contract.

All instructions to the Contractor and all communi cations from the Contractor to the City or the Design Consultant shall be forwarded through the Construction Manager. The Construction Manager will have authority to act on behalf of the Ci ty only to the extent provided in the Contract Documents. The City has delegated its authority to the Construction Manager to make initial decisions regarding questions wh ich may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work under the Contract. The Construction Manager shall interpret the intent and meaning of the Contract and shall make initial decisions with respect to the Contractor's fulfillment of the Contract and the Contractor's entitlement to compensation. The Contractor shall look initially to the Construction Manager in matters relating to the Contract.

The Construction Manager's authority to act under Paragraph 00700-2.1, Administration of the Contract, and any decision made by it in good fait h either to exercise or not to exercise such authority shall not give rise to any duty or responsibility of the City or Construction Manager to the Contractor, any subcontractor, any of their agent s or employees, or any other person performing any of the Work.

2.3.2 Representative - The Construction Manager will be represented at the Site by a resident construction manager or resident engineer who will observe the progress, quality, and quantity of the Work to determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. The Construction Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work.

In accordance with the provisions detailed elsewhere in these General Conditions, the Construction Manager will make decisions relative to all matters of interpretation or execution of the Contract Documents.

2.3.3 Inspection of Construction - The Construction Manager shall have the authority to reject work and materials which do not conform to the Contract Documents, and to require special inspection or testing in accordance with Paragraph 00700-5.3, Defective and Unauthorized Work.

In addition to the resident construction manager or resident engineer, the Construction Manager may employ one or more inspectors to observe the Work and to act in matters of construction under this Contract. An inspector is not authorized to revoke, alter, or waive any requirements of the Specifications. The inspector is authorized to call the attention of the Contractor to any failure of the Work, materials or workmanship to conform to the Contract Documents. The inspector shall have the authority to reject materials or, in any emergency, suspend the Work. The Contractor may appeal any such issue which it disagrees with to the Construction Manager for decision.

2.3.4 Acceptability of the Work - The Construction Manager has the authority to make a recommendation as to the acceptability of the Work.

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2.3.5 Change Orders - The Construction Manager has the authority to initiate change orders; to reject change orders proposed by the Contractor or Design Consultant; to negotiate and recommend acceptance of change orders; or to order minor changes in the Work at no cost to the City.

2.3.6 Construction Schedule - The Construction Manager has the authority to review and recommend acceptance of the progress schedule submitted by the Contractor at the start of the Work and subsequent significant revisions for conformance to the specified sequence of work and logic.

2.3.7 Progress Payments - The Construction Manager has the authority to recommend acceptance or rejection of requests for progress payments which have been submitted by the Contractor.

2.3.8 Final Payment - The Construction Manager, with the assistance of the Design Consultant will conduct inspections to determine the dates of substantial completion of the Work and final completion of the Work, and will receive and forward to the City, for the City's review, written warranties, and related documents required by the Contract and assembled by the Contractor.

2.3.9 Early Possession - The Construction Manager ha s the authority to recommend early possession.

2.4 Design Consultant

2.4.1 General - The Design Consultant will have the authority to act on behalf of the City only to the extent provided in the Contract Documents.

2.4.2 Interpretations - The Design Consultant has the au thority to be the initial interpreter of the technical requirements of the Contract Documents. Either party to the Contract may make written request to the Construction Manager for interpretations ne cessary for the proper execution or progress of the Work. The Construction Manager shall refer su ch written requests to the Design Consultant, who will render such interpretations. Where t he Contractor has requested an interpretation from the Construction Manager, or been notified by the Construction Manager that such interpretation has been requested by the City, any work done befor e receipt of such inte rpretations, if not in accordance with same, shall be removed and replaced or adjusted as directed by the Construction Manager without additional expense to the City.

2.4.3 Acceptability of the Work - The Design Consultant has the authority to make a recommendation as to the acceptability of the Work. The Design Consultant ha s the authority to recommend acceptance regarding the retention of defective work.

2.4.4 Site Observations - The Design Consultant may visit the Site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents.

However, the Design Consultant will not be requi red to make extensive or continuous on-site inspections to check the quality or quantity of the Work.

2.4.5 Submittal - The Contractor shall submit, th rough the Construction Manager, all shop drawings, product data and samples for review.

The Design Consultant has the authority to review and take other appropriate action upon the Contractor's submittals such as shop drawings, product data and samples, but only for conformance with the design concept of the Wo rk and the information given in the Contract Documents.

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3.0 CITY

3.1 General

The City, acting through the City's Representative or the Construction Manager, shall have the authority to act as the sole judge of the Work and materials with respect to both quantity and quality as set forth in the Contract.

3.2 Attention to Work

The City shall notify the Contractor in writing of the name of the individual designated as the City's Representative and the name of the individual de signated by the Construction Manager to act as resident construction manager or resident engineer. The Construction Manager's designated representative normally will be at the Site of the Work. During the representative's absences, the Contractor may contact a previously designated representative of the Construction Manager.

3.3 Inspection

In addition to the resident construction manager or resident manager or resident engineer, the City may employ one or more inspectors to observe the Work and to act in matters of construction under this Contract. An inspector is not authorized to revoke, alter, or waive any requirements of the specifications. The inspector is authorized to call the attention of the Contra ctor to any failure of the Work or materials to conform to the Contract Documents. The inspector shall have the authority to reject material or, in any emergency, suspend the Work. The Contractor may appeal any such issue with which it disagrees to the Construc tion Manager for decision by the Construction Manager.

Separate and independent from the inspection above , the project may be inspected by Building Officials for code compliance. Such inspectors shall have the authority provided to them by local jurisdiction.

Construction Manager will have authority to disapprove or reject Work which Construction Manager believes to be defective, or that Construction Manager believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

Construction Manager will also have authority to requ ire special inspection or testing of the Work as provided in this Section, whether or not the Work is fabricated, installed, or completed.

Contractor shall give Construction Manager timely notice of readiness of the Work for all required inspections, tests, or approvals and shall c ooperate with inspection and testing personnel to facilitate required inspections or tests.

If Laws or Regulations of any public body havi ng jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full re sponsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Construction Manager the required certificates of inspection or approval.

Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for City’s and Construction Manager‘s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to the City and Construction Manager.

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If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of C onstruction Manager, it must, if requested by Construction Manager, be uncovered for observation.

Uncovering Work shall be at Contractor's expe nse unless Contractor has given Construction Manager timely notice of Contractor's intention to cover the same and Construction Manager has not acted with reasonable promptness in response to such notice.

If any Work is covered contrary to the written request of Construction Manager, it must, if requested by Construction Manager, be uncovered for Construction Manager’s observation and replaced at Contractor's expense without adjustment of Contract Time or Contract Price.

If Construction Manager considers it necessary or advisable that covered Work be observed by Construction Manager or inspected or tested by others, Contractor, at Construction Manager’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Construction Manager may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, Contractor shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and the City s hall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, the City may make a Claim therefore as provided in these documen ts. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor ma y make a Claim therefore as provided in these documents.

3.4 City's Right to Carry Out the Work

If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within 48 hours after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, after 48 hours following receipt by the Contractor of an additional written notice and without prejudice to any other remedy make good such deficiencies.

The City also reserves the right to perform any portion of the Work due to an emergency threatening the safety of the Work, public, City, and any property or equipment.

The Contractor is forewarned that in exercising the rights and remedies under this paragraph, the City shall proceed expeditiously. In connection with such corrective and remedial action, the City may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related th ereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which City has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall al low the City, City's representatives, agents and employees, City's other contractors, and Co nstruction Manager and Construction Manager's Consultants access to the Site to enable City to exercise the rights and remedies under this paragraph.

All Claims, costs, losses, and damages incurred or sustained by the City in exercising the rights and remedies under this paragraph 3.4 will be charged against CONTRACTOR, and a Change EXHIBIT 2
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Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, City may make a claim therefor as provided in paragraph 7.5.2. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work.

CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by City of City's rights and remedies under this paragraph 3.4.

3.5 City's Right to Use or Occupy

The City reserves the right, prior to Substantial Completion, to occupy, or use, any completed part or parts of the Work, providing these areas have been approved for occupancy by the City. The exercise of this right shall in no way constitute an acceptance of such parts, or any part of the Work, nor shall it in any way affect the dates and times when progress payments shall become due from the City to the Contractor or in any way prejudic e the City's rights in the Contract, or any bonds guaranteeing the same. The Contract shall be deemed completed only when all the Work contracted has been duly and properly performed and accepted by the City.

Prior to such occupancy or use, the City and Contractor shall agree in writing regarding the responsibilities assigned to each of them for payments, security, maintenance, heat, utilities, damage to the Work, insurance, the period for correction of the Work, and the commencement of warranties required by the Contract Documents.

In exercising the right to occupy or use completed parts of the Work prior to the Substantial Completion thereof, the City shall not make any us e which will materially increase the cost to the Contractor, without increasing the Contract Amount, nor materially delay the completion of the Contract, without extending the time for completion.

The part or parts of the Work, if any, which the City anticipates the use or occupancy of prior to Substantial Completion, are noted in Paragraph 01010-7.0, Occupancy Requirements. Failure to include a part of the Work in the above Section, shall not limit the City's right to use or occupy parts of the Work not listed.

3.6 City's Right to Perform Work and to Award Separate Contracts

The City reserves the right to perform the work re lated to the Project with the City's own forces, and to award separate contracts in connection wi th the Project or other work on the Site under these or similar General Conditions. If the Contractor claims that delay, damage, or additional cost is involved because of such action by the City, t he Contractor shall make such claim as provided elsewhere in the Contract Documents.

When separate contracts are awarded for different portions of the Project or other work on the Site, the term "Contractor" in the Contract Docume nts in each case shall mean the Contractor who executes each separate Agreement.

The City will provide for the coordination of the work of the City's own forces and of each separate Contractor with the Work of the Contractor, who shall cooperate therewith as provided in Paragraph 00700-4.8.3, Cooperation.

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4.0 CONTRACTOR

4.1 Office

The Contractor's office at the Project Site is hereby designated as the legal address of the Contractor for the receipt of documents, samp les, notices, letters, and other articles of communication.

4.2 Contractor's Representative

The Contractor shall notify the City in writing of the names of the perso ns who will act as the Contractor's representative and his or her designat ed alternate, and who shall have the authority to act in matters relating to this Contract. T he Contractor, acting through its representative, shall give personal attention to, and shall manage the Work, so that it shall be prosecuted faithfully. The Contractor’s representative shall be an employee of the Contractor. Upon written request of the Contractor, this employment requirement may be waived by the City. The City's waiver, if granted, will be in writing. There is no obligation by the City to waive this provision regardless of the effect on the Contractor's operations. Such waiver may be rescinded by City upon reasonable written notice thereof.

At all times during the progress of the Work, the Contractor's representat ive shall be personally present at the Project site, or a designated alternate shall be at the Project site who has the authority to act in matters relating to the Contract. The Contractor's representative or designated alternate shall have the authority to carry out the provisions of the Contract and to supply materials, equipment, tools, and labor without delay for th e performance of the Work. If neither the Contractor’s representative nor a designated alternate is at the Project site, the City acting through the Construction Manager shall have the authority as provided in Paragraph 00700-6.6, Temporary Suspension of Work, to suspend the work until such a representative is at the Project site.

Before initial work is begun on the Contract, t he Contractor shall file, with the Construction Manager, addresses and telephone numbers where the Contractor's and all subcontractors' representatives can be reached during all hours, including nights and weekends when work is not in progress.

4.3 Construction Procedures

The Contractor will supervise and direct the work. The Contractor has the authority to determine the means, methods, techniques, sequences, and procedures of construction, except in those instances where the City, to define the quality of an item of work, specifies in the Contract, a means, method, technique, sequence, or procedure for construction of that item of Work.

4.4 Contractor's Employees

The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of its employees.

Workers shall have sufficient know ledge, skill, and experience to perform properly the work assigned to them.

The Contractor shall employ only competent, skillful workers to perform the Work. If any subcontractor or person employed by the Cont ractor or its subcont ractors, appear to the Construction Manager or City's Representative to be incompetent or act in a disorderly or improper manner, such person or subcontractor shall be discharged from the site immediately by the EXHIBIT 2
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Contractor upon written direction of the Construc tion Manager or City's Representative, and such person shall not again be employed on the Project.

4.5 Subcontractors

The Contractor shall give their personal attention to the fulfillment of the contract and shall keep the work under his control.

Subcontractors will not be recognized as having a direct relationship with the City. The persons engaged in the Work, including employees of subc ontractors and suppliers, will be considered employees of the Contractor. The Contractor will be responsible for their work and their work shall be subject to the provisions of the Contract. The Co ntractor is as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as the Contractor is for the acts an d omissions of persons di rectly employed by the Contractor. Nothing contained in the Contract Do cuments shall create any contractual relation between any subcontractor and the City. References in the Contract Document to actions required of subcontractors, manufacturers, suppliers, or an y party other than the C ontractor, the City, the Construction Manager, or the Design Consultant shall be interpreted as requiring that the Contractor shall require such subcontractor, manuf acturer, supplier, utility company, or party to perform the specified action, unless the Contract Documents specifically state that the Work is not included in the Contract.

The Contractor shall not employ any subcontracto rs that are not properly licensed in accordance with State law. Prior to commencement of any work by a subcontractor, the Contractor shall submit verification to the Construction Manager that the s ubcontractor is properly licensed for the work it will perform. Changes to subcontractors listed in the Bid in accordance with Public Contract Code 4100 et. seq., shall be made only with the approval of the City.

4.6 Contractor's Equi pment and Facilities

The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Wo rk. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.

4.7 Public Safety and Convenience

The Contractor shall conduct its work so as to ensure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work and to ensure the protection of persons and property at no extra cost to the City. The Contractor shall have under construction no greater length or amount of work than it can prosecute properly with due regard to the rights of the public.

4.8 City-Contractor Coordination

4.8.1 Service of Notice - Notice, order, direct ion, request, or other communication given by the Construction Manager or City to the Contractor shall be deemed to be well and sufficiently given to the Contractor if delivered to the Contractor's Representative designated in Paragraph 00700-4.2, Contractor's Representative, to the Contractor's office designated in Paragraph 00700-4.1, Office, or to the Contractor's address provided in the Bid Proposal.

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4.8.2 Suggestions to Contractor - Plans or methods of work suggested by the City, the Construction Manager, or the Design Consultant to the Contractor, but not spec ified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. The City, and Construction Manage r, or the Design Consultant assume no responsibility therefore, and in no way will be held liable for any defects in the Work which may result from or be caused by use of such plan or method of work.

4.8.3 Cooperation - The Contractor shall afford the City, the Construction Manager and separate contractors reasonable opportunity for the intr oduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate the Work with theirs as required by the Contract Documents.

If any part of the Contractor's Work depends for proper execution or results upon the work of the City or any separate contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Construction Manager any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor to so report shall constitute an acceptance of the City's or separate contractor's work as fit and proper to receive the Work, except as to latent defects which subsequently become apparent in such work by others.

If requested by the Contractor, the City shall arra nge meetings with other contractors performing work on behalf of the City to plan coordination of construction activities. The City shall keep the Contractor informed of the planned activities of other contractors.

Differences and conflicts arising between the Co ntractor and other cont ractors employed by the City or between the Contractor and the workers of the City with regard to their work, shall be submitted to the City for its decision in the matte r. If such separate contractor sues the City on account of any delay or damage alleged to have been caused by the Contractor, the City shall notify the Contractor who shall, at the City's election, defend such proceedings at the Contractor's expense. If any judgment or award against the City arises from any such litigation whether defended by City or by Contractor, the Contractor shall pay or satisfy said judgment or award and shall reimburse the City for all attorney's fees and court costs which the City has incurred or for which it is liable.

4.9 Permits

Unless specifically stated to be provided by the City, Contractor shall apply for, obtain, and comply with all the terms, conditions and requirements attached to all permits, bonds and licenses required by local, state, or federal agencies to perform work, construct, erect, te st and start up of any equipment or facility for this Contract. Permits shall be kept on-site. Where operating permits are required, the Contractor shall apply for and obtain such operating permits in the name of the City and provide the permit in an appropriate frame or file holder when the City accepts substantial completion of the equipment or facility. The Contractor shall give all notices necessary or incidental to the due and lawful prosecution of the work.

Any permits, bonds, licenses and fees therefore required for the performance of work under this Contract and not specifically mentioned herein as having been obtained and paid by the City shall be included in the Contractor's bid price.

The Contractor shall be responsible for satisfying all code requirements. Any code inspections will be coordinated by the Construction Manager. The Contractor shall comply with all construction conditions stipulated in the permits.

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The Contractor shall apply for and obtain all safe ty permits for excavations, tunneling, trenches, construction (building structure, scaffolding, or false work) and demolition required by CAL/OSHA including but not limited to, the permits required by Labor Code Section 6500.

The Environmental Quality Act of 1970 (Public Resources Code, Sections 21000 to 21176 incl.) may be applicable to permits, licenses and other auth orizations which the Contractor must obtain from local agencies in connection with performing the work of the contract. The Contractor shall comply with the provisions of said statutes in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.

In the event that the City has obt ained permits, licenses or other authorizations, applicable to the work, in conformance with the requirements in said Environmental Quality Act of 1970, the Contractor shall comply with the provisions of said permits, licenses and other authorizations.

4.10 Contractor's Responsibilit y for the Work and Materials

Until acceptance of the Work, the Contractor shall have the charge and care of the Work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof (regardless of whether partial payments have been made on such damaged portions of the Work) by the action of the elements or from any other cause, whether or not arising from the non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance and shall bear the ex pense thereof, except for such injuries, losses, or damages as are directly and proximately caused by acts of the City.

4.11 Laws to be Observed

The Contractor shall keep fully informed of all existing and future County, State, and National laws and regulations and all municipal ordinances and regulations of the City which in any manner affect those engaged or employed in the Work and of a ll such orders and decrees of bodies having any jurisdiction or authority over the same; and shall protect and indemnify the City and all of its officers, agents, and servants against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, orders, or decrees whether by the Contractor or its employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or Contract for the Work in relation to any such law, ordinan ce, regulations, order or decree, the Contractor shall immediately report the same to the Construction Manager in writing.

4.11.1 Prevailing Wage - The Contra ctor shall comply with Labor Code Sections 1774 and 1775. In accordance with said Section 1775, the Contractor shall forfeit, as a penalty to the City of Stockton, $25 for each calendar day or portion thereof, for each workman paid less than the prevailing rates as determined by the Director of Industrial Relations for such work or craft in which such workman is employed for any work done under the contract by him or by any subcontractor under him violation of the provisions of the Labor Code and, in particular, Labor Code Section 1770 and 1780, inclusive.

In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less that the stipulated prevailing wage rate shall be paid to each workman by the Contractor.

Pursuant to provisions of Section 1773 of the Labor Code of the State of Ca lifornia, the City has obtained the general prevailing rate of wages (which rate includes employer payments for health EXHIBIT 2
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and welfare, vacation, pension, travel time, and subsistence pay as provided for in Section 1773.8 of said Code, apprenticeship or other training programs authorized by Section 3093 of said code and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaini ng agreement of the particular craft, classification or type of workman concerned. These wage rates are set fo rth in the Division of Industrial Relations publication entitled "General Prevailing Wage Rates", which is part of the Contract.

Pursuant to the provisions of Section 1773.2 of the Labor Code (as amended) the general prevailing wage rates for each craft, classification or type of workman are on file at the Municipal Utilities Department, 2500 Navy Drive, Stockton, California. A copy of said wage rates shall be posted by the Contractor in a prominent place at the site of the work.

The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prev ailing wage rate set forth in the Contract. The possibility of wage increases is one of the elem ents to be considered by the Contractor in determining his bid, and will not under any circumst ances be considered as the basis of a claim against the City on the Contract.

4.11.2 Travel and Subsistence Payments - Attention is directed to the requirements of Section 1773.8 of the Labor Code. The Contractor shall make travel and subsistence payment to each workman, needed to execute the work, in accordance with the requirements in said Section 1773.8.

4.11.3 Certified Payrolls - In acco rdance with Section 1776 of the Labor Code, each Contractor and subcontractor shall keep an accurate payroll reco rd, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the project.

The payroll records shall be certified and submitted to the City, and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:

a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.

b. A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.

c. A certified copy of all payroll records shall be made available upon request by the public in accordance with Section 1776 of the Labor Code.

The Contractor is responsible for its and its su bcontractors’ compliance with the provisions of Section 1776 of the Labor Code.

4.11.4 Overtime Requirements - The Contractor sha ll forfeit, as a penalty to the City, the penalty as provided in the Labor Code for each worker employ ed in the execution of the Contract by the Contractor, or any subcontractor under the Contra ctor, for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any EXHIBIT 2
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one week, in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815 thereof, inclusive, except that work performed by employees of Contractors in excess of eight (8) hours a day and forty (40) hours during one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, at not less than one and a half (1½) times the basic rate of pay as provided for in the Labor Code.

4.11.5 Apprentice and Trainee - Attention is directed to the provisions in Section 1777.5 of the Labor Code and in accordance with the regulations of the California Apprenticeship Council concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor.

Section 1777.5 requires the Contractor or su bcontractors employing tradespersons in any apprenticeable occupation to apply to the joint appr enticeship committee nearest the site of the project which administers the apprenticeship program in that trade for a certificate of approval. The Contractor and subcontractors are required to submit contract award information to the applicable joint apprenticeship committee. As provided for in Section 1777.5 of the Labor Code, the Contractor is required to make contributions to funds established for the administration of apprenticeship programs.

It shall be the responsibility of the Contractor to abide by the provisions of Section 1777.5 of the Labor Code and to require all subcontractors employ ed by or contracting with the Contractor to abide by said provisions. The Contractor shall furnish the City any and all evidence of compliance with this Code Section when requested by the City.

It is City policy to encourage the employment and training of apprentices on public works contracts as may be permitted under local apprenticeship standards.

For failure to comply with Section 1777.5 of the Labor Code, the Contractor shall be subject to the penalties in Section 1777.7 of the Labor Code.

4.11.6 Workers' Compensation Insurance - The Cont ractor is required to secure the payment of compensation to its employees in accordance with the provisions of Sections 1860 and 3700 of the Labor Code and Paragraph 00820-2.4, Workers' Compensation Insurance.

4.11.7 Labor Discrimination - Attention is directed to Section 1735 of the Labor Code, which reads as follows:

No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every Contractor for public works violating this Secti on is subject to all the penalties imposed for a violation of this chapter.

Attention is also directed to the requirement in Section 1431 of the Labor Code and Sections 300 and 317 through 323 of Title 8 of the California Administrative Code that the Contractor shall submit his Equal Employment Opportunity Program and certification fee to the Fair Employment Practice Commission, in the event that the bid price for the contract exceeds $200,000.

4.11.8 Vehicle Code - Pursuant to the authority cont ained in Vehicle Code Section 591, the City has determined that within such areas as are within the limits of the project and are open to public traffic, the following requirements of the Vehi cle Code will apply: The lighting requirements in Section 25803; the brake requirements in Division 12, Chapter 3; the splash apron requirements in Section 27600; and, when operated on completed or existing treated base, surfacing, pavement or EXHIBIT 2
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structures, except as otherwise provided in Se ction 7-1.02, "Weight Limitations," the weight limitation requirements contained in Division 15.

Attention is directed to the statement in said Section 591 that this Section shall not relieve him or any person from duty of exercising due care. The Contractor shall take all necessary precautions for safe operations of his equipment and the protection of the public from injury and damage from such equipment.

Any other requirements set forth in Division 11, 12, 13, 14 and 15 of the Vehicle Code which the Department, pursuant to the authority containe d in Vehicle Code Section 591, will require compliance with, will be set forth in the special provisions.

4.12 Safety

4.12.1 Contractor's Safety Responsibility - The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and local laws, ordinances, codes, the requirements set forth below, and any regulations that may be detailed in other parts of these Contract Documents. Where any of these are in conflict, the more stringent requirement shall be followed.

No provision of the Contract Documents shall act to make the City, the Construction Manager or any other party than the Contractor responsible for safety. The Construction Manager shall not have authority for safety on the project. The Contractor shall indemnify, defend and hold harmless the City, Construction Manager, or other authorized representatives of the City, from and against any and all actions, damages, fines, suits, and losses arising from the Contractor's failure to meet all safety requirements and/or provide a safe work site.

If death or serious injuries or serious damage s are caused, the accident shall be reported immediately by telephone or messenger to both the Construction Manager and the City. In addition, the Contractor must promptly report in writing to the Construction Manager all accidents whatsoever arising out of, or in connection with, the performan ce of the Work whether on, or adjacent to, the Site, giving full details and statements of witnesses. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the work being performed under this Contract.

If a claim is made by anyone against the Contra ctor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Construction Manager, giving full details of the claim.

4.12.2 Safety Program - The Contractor shall est ablish, implement, and maintain a written injury prevention program as required by Labor Code Se ction 6401.7. Before beginning the Work the Contractor shall prepare and submit to the Construction Manager a Contractor Safety Program that provides for the implementation of all of the Contractor's safety responsibilities in connection with the Work at the site and the coordination of that program and its associated procedures and precautions with safety programs, precautions an d procedures of each of its subcontractors and other prime Contractors performing work at the site. The Contractor shall be solely responsible for initiating, maintaining, monitoring, coordinating, and supervising all safety program, precautions, and procedures in connection with the Work and for coordinating its programs, precautions, and procedures of the other prime contractors and subcontractors performing the Work at the site. The EXHIBIT 2
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Safety Program should contain all the necessary elements for the Contractor to administer its program on site. At a minimum, this written Safety Program shall address the elements required by Labor Code Section 6401.7. The Contractor shall obtain a copy of the City's Municipal Utilities Department's Injury and Illness Prevention Program and the Safety Manual and incorporate appropriate safety procedures into their Safety Program. The Contractor shall also comply with the Department's "Contractor’s Safety Rules" in Section 01500-10.

The program shall also address the following:

a. Compliance with Laws, Rules, and Regulations

b. Infractions of Safety Rules

1. Reported to Contractor's designated Safety Supervisor

2. Time correction

3. Contractor to enforce safety requirements on its subcontractors

4. Non-complying employees to be removed from the Project

c. Housekeeping

1. Continuous cleaning required

2. Final clean up required

d. Means of Implementing the Program

1. All new employees to receive training on the Contractor's Safety Program prior to starting work.

2. Periodic tool box meetings with agenda recorded.

3. Documented safety inspections by Safety Supervisor.

4. Establish emergency procedures and te lephone numbers including the procedure for the immediate removal to a hospital or a doctor's care of persons who may be injured on the jobsite. The Contractor shall maintain at its office or other well- known place at the Site safety equipment applicable to the Work as prescribed by the aforementioned authorities, and all items necessary for giving first aid to the injured.

5. Project bulletin board with required policies.

6. At least two employees on each shift should have First Aid training and maintain a current First Aid card issued by an agency such as the American Red Cross.

7. Completion of a job hazard analysis for specific construction activities.

8. Establish a hazard communication program for informing the Contractor's and subcontractor's personnel, Construction Manager, City, and other affected parties of specific hazards on the project.

9. Establish a confined space entry pr ogram in accordance with Cal OSHA requirements.

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e. Define the duties and responsibilities of C ontractor management personnel for safety.

1. Project Manager

2. General Superintendent

3 . F o r e m a n

4. Safety Supervisor

f. Accident Investigation

1. Investigate all accidents and near misses.

2. Develop steps to prevent a reoccurrence.

3. Completion of all reporting paperwork.

The Contractor's compliance with requirements for safety and/or the Construction Manager's review of the Contractor's Safety Program shall not relieve or decrease the liability of the Contractor for safety. The Construction Manager's review of the Contractor's Safety Program is only to determine if the above listed elements are included in the program.

4.12.3 Safety Supervisor - The Cont ractor shall appoint an employee as safety supervisor who is qualified and authorized to supervise and enforce compliance with the Safety Program. The Contractor shall notify the Construction Manager in writing prior to the commencement of work of the name of the person who will act as the Contractor's safety supervisor and furnish the safety supervisor's resume to the Construction Manager.

The Contractor will, through and with his Safety Supervisor, ensure that all of its employees and its subcontractors of any tier, fully comply with the Project Safety Policies. The Safety Supervisor shall be a full-time employee of the Contractor whose responsibility sha ll include supervising compliance with applicable safety requirements on the work site and for developing and implementing safety training classes for all job personnel. The City shall have the authority to require removal of the Contractor's Safety Supervisor if the representative is judged to be improperly or inadequately performing the duties; however, this authority shall not in any way affect the Contractor's sole responsibility for performing this work safely, nor shall it impose any obligation upon the City to ensure the Contractor perform its work safely.

4.12.4 Safety Coordination Meetings - The Contractor and its affected subcontractors shall attend safety coordination meetings with the Construction Manager and any other affected parties. The meeting shall be held at least monthly and prior to the start of new construction activities.

Construction activities will be reviewed prior to the start of work in the various areas to determine potential hazards. The Contractor will be responsible for preparing job hazard analyses to breakdown the activities to be performed in a step-by-step procedure and provide safety guidelines for each step and any special equipment necessary to protect workers. The Contractor will act as facilitator for the meeting. The Construction M anager will participate in the safety coordination meetings but will not direct the Contractor on how to perform its safety operations.

4.12.5 Safety and Protection - The Contractor sha ll take all necessary protection to prevent damage, injury, and loss to:

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a. All employees on the Project, employees of all subcontractors, and other persons and organizations who may be affected thereby;

b. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and

c. Other property at the site or adjacent thereto, including tr ees, shrubs, lawns, walks, pavements, roadways, structur es, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.

The Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All in jury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any subcontractor, supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the Contractor.

4.12.6 Excavation Safety - In accordance with t he provisions of Section 6705 of the Labor Code, the Contractor shall submit, in advance of excavation five feet or more in depth, detailed plans showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from hazard of caving ground during such excavation. If such plans vary from the shoring system standards set forth in the Construction Safety Orders in Title 8, California Code of Regulations, the plans shall be prepared and signed by a registered civil or structural engineer. Shoring, bracing, sloping, or other protective system shall not be less effective than required by the California Construction Safety Orders. The City's review of the Contractor's excavation plan is only for general conformance to the California Construction Safety Orders.

Prior to commencing any excavation, the Contractor shall designate in writing to the Construction Manager the "competent person(s)" with the authority and responsibilities designated in the Construction Safety Orders.

4.12.7 Safety Emergencies - In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Construction Manager, is obligated to act to prevent threatened damage, injury or loss.

The Contractor shall give the Construction Manager prompt written notice if the Contractor believes that any significant changes in the Work or va riations from the Contra ct Documents have been caused thereby.

4.12.8 Safety Violations - Should the Contractor fail to correct an unsafe condition, the Construction Manager shall immediately notify the City of the Contractor's failure to correct the unsafe condition.

The City shall then notify the Contractor through the Construction M anager that the unsafe condition must be corrected or the work in question will be stopped in accordance with Paragraph 00700-6.6, Temporary Suspension of Work until the condition is corrected to the satisfaction of the City. No extension of time or additional compensation will be granted as a result of any stop order so issued. The notification and suspension of such work or the failure to provide such notification and suspension by the Construction Manager and City shall not relieve the Contractor of its sole responsibility and liability for safety.

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The City shall have the authority to require the removal from the project of the foreman and/or superintendent in responsible charge of the work where safety violations occur.

4.12.9 Equipment Safety Provisions - The completed Work shall include all necessary permanent safety devices, such as machinery guards and similar ordinary safety items, required by the State and Federal (OSHA) industrial authorities and applic able local and national codes. Further, any features of the Work, including City-selected equipment, subject to such safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. All equipment furnished shall be grounded and provided guards and protection as required by safety codes. Where vapor- tight or explosion-proof electrical installation is r equired by safety codes, this shall be provided.

Contractors and manufacturers of equipment sha ll be held responsible for compliance with the requirements included herein. The Contractor shall notify all equipment suppliers and subcontractors of the provisions of this paragraph.

4.12.10 Hazard Communication Programs- Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazar d communication information required to be made available to or exchanged between or among employer s at the Site in accordance with Laws or Regulations.

4.13 Review of Cont ract Documents and Field Conditions by Contractor; Single Point Responsibility of Contractor - In addition to the examination and reviews performed, and obligations assumed, incidental to making the representations set forth in the Contract, Contractor shall carefully study and compare each of the Contract Documents with the others and with information furnished by City, and shall promptly report in writing to City’s Representative any errors, inconsistencies, or omissions in the Contract Documents or in consistencies with applicable code requirements observed by Contractor. Contractor shall determine the most desirable method of achieving City’s requirements in terms of cost, technology, quality and speed of delivery.

Contractor is responsible for the construction of the Project and shall provide all services pursuant to this Contract in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services fo r projects of the type, scope, and complexity of the Project (including its contracting mode). Contra ctor shall perform its construction services in accordance with the best practices applicable to Contractor’s field ordinarily used by member of construction industry in the location where the services are to be performed. Contractor shall take field measurements, verify fiel d conditions, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time shall be promptly reported in writing to City’s Representative.

If Contractor performs any construction activity which it knows, or should know, involves an error, inconsistency, or omission in relation to the C ontract Documents, without notifying and obtaining the written consent of City, Cont ractor shall be responsible for the resultant losses, including, without limitation, the costs of correcting Defective Work.

Contractor agrees that it has single point responsibility for the construction of this Project.

4.14 Supervision and Construction Procedures - Contractor shall supervise, coordinate, and direct the Work using Contractor’s best skill and attention. Contractor shall be solely responsible for, and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work, includi ng, but without limitation, landscape and site work, utilities, and building systems.

Contractor shall be responsible to City for acts and omissions of Contractor’s agents, employees, and subcontractors, of all tiers, and their respective agents and employees.

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Contractor shall not be relieved of its obligation to perform the Work in accordance with the Contract Documents either by acts or omissions of City or City’s Representative in the administration of the Contract, or by tests, inspections, or approvals required, or performed, by persons or firms other than Contractor.

Contractor shall be responsible for inspection of all portions of the Work, including those portions already performed under this Contract, to determine that such portions conform to the requirements of the Contract Documents and are ready to receive subsequent Work.

Contractor shall at all times participate in, and implement, the CEQA and NEPA mitigation processes and ensure performance as required in the Contract Documents.

Contractor shall at all times maintain good discipline and order among its employees and subcontractors. Contractor shall provide competent, fully qualified personnel to perform the Work.

4.15 Labor And Materials - Unless otherwise provided in the Contract Docum ents, Contractor shall provide and pay for all services, other services, labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other things necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.

5.0 CONTROL OF WORK AND MATERIALS

5.1 Means and Methods

It is expressly stipulated that the drawings, spec ifications and other Contract Documents set forth the requirements as to the nature of the completed Work and do not purport to control the method of performing work except in those instances where the nature of the completed Work is dependent on the method of performance.

Except as provided elsewhere in the Contract Documents, neither the City, Design Consultant nor the Construction Manager will be responsible for or have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. Except as provided elsewhere in the Contract Documents, neither the City, Design Consultant nor the Construction Mana ger will be responsible for or have control or charge over the acts or omissions of the Contra ctor, or any of their subcontractors, agents or employees, or any other persons performing any of the Work. Any general control of the Work exercised by the City or its authorized representa tives shall not make the Contractor an agent of the City, and the liability of the Contractor for a ll damages to persons and/or to public or private property arising from the Contractor's execution of the Work shall not be lessened because of such general control.

Neither the inspection by the City, Design Consultant, or Construction Manager, nor any order, measurement, approved modification, or payment of monies, nor acceptance of any part or whole of the Work by the City, Design Consultants, Construction Manager, or their agents shall operate as a waiver of any provision of the Contract.

Acceptance by the Construction Manager, City and/ or Design Consultant of any drawings, or any information regarding materials and equipment the Contractor proposes to furnish or method of work shall not be regarded as an assumption of ri sks or liability by the Construction Manager, Design Consultant, or the City, or any officer or employee thereof, and the Contractor shall have no claim under the Contract on account of the failure or partial failure or inefficiency or insufficiency of any plan or method of work or material and equipment so accepted. Such acceptance shall be considered to mean merely that the Construction Manager, City, and/or Design Consultant has no EXHIBIT 2
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objection to the Contractor using, upon its own full responsibility, the plan or method of work proposed, or furnishing the materials and equipment proposed.

5.2 City-Furnished Materials

Materials, if furnished by the City, will be made available as desig nated in the General Requirements. The cost of loading, unloading, hauling and handling, and placing City-furnished materials shall be considered as included in the price bid for the Contract item involving such City-furnished material.

Contractor shall inspect and assure itself of the amount and soundness of such materials.

The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. City-furnished materials lo st or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the City for the cost of replacing City-furnished material and such costs may be deducted from any monies due or to become due the Contractor.

5.3 Defective and Unauthorized Work

Materials and workmanship not conforming to the requirements of the Contract Documents shall be considered defective and will be subject to rejection. Defectiv e work or material, whether in place or not, shall be removed immediately from t he Site by the Contractor, at its expense, when so directed by the Construction Manager.

Any work done beyond the limits of work, lines, and grades shown on any approved plans or established by the Construction Manager, or any extra work done without written authority, will be considered as unauthorized and will not be paid for.

Upon failure on the part of the Contractor to comply with any order of the Construction Manager made under the provisions of this paragraph, t he Construction Manager shall have authority to require special inspection and testing to verify if work is defective. Confirmed defective work shall be remedied, or removed and replaced, and unauthorized work be removed. The costs thereof will be deducted from any monies due or to become due the Contractor. The time, cost and compliance requirements stipulated in Paragraph 00700-3.4, City's Right to Carry Out the Work, shall apply for this paragraph also.

5.4 Unnoticed Defects

Any defective work or material that may be discovered by the City, Construction Manager, or Design Consultant before the final acceptance of the Work, or before final payment has been made, or during the warranty period, shall be removed and replaced by work and materials which shall conform to the provisions of the Contract Documents. Failure on the part of the City, Construction Manager, or Design Consultant to condemn or reject bad or inferior work or materials shall not be construed to imply acceptance of such work or materials.

5.5 Right to Retain Imperfect Work

If any part or portion of the work performed or material furnished under this Contract shall prove defective and not in accordance with the Drawings and Specifications, and if the imperfection in the same shall not be of sufficient magnitude or importance as to make the work dangerous or unsuitable, or if the removal of such work will create conditions which are dangerous or undesirable, EXHIBIT 2
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the City shall have the right and authority to retain such work but shall make such deductions in the final payment therefore as may be just and reasonable.

6.0 PROGRESS OF THE WORK

6.1 Beginning of Work

The Contractor shall begin work within ten (10) days of the effective date of the Notice to Proceed and shall diligently prosecute the same to completion within the time limit.

Should the Contractor begin work in advance of receiving Notice to Proceed, any work performed in advance of the said date of approval shall be considered as having been done by the Contractor at its own risk and as a volunteer.

6.2 Time of Completion

Time shall be of the essence of the Contract. The Contractor shall prosecute the work so that the various portions of the project shall be complete and ready for use within the time specified in Paragraph 01010-3.0, Time Allowed for Completion. It is expressly understood and agreed by and between the Contractor and the City that the Contract time for completion of the work described herein is a reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality and the nature of the work.

6.3 Delays

6.3.1 Notice of Delays - When the Contractor foresees a delay in the prosecution of the Work and, in any event, immediately upon the occurrence of a delay , the Contractor shall notify the Construction Manager in writing of the probability of the occurrence and the estimated extent of the delay, and its cause. The Contractor shall take immediat e steps to prevent, if possible the occurrence or continuance of the delay. The Contractor agrees that no claim shall be made for delays which are not called to the attention of the Construction Manager at the time of their occurrence.

6.3.2 Non-excusable Delays - Non-excusable delays in the prosecution of the Work shall include delays which could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers.

6.3.3 Excusable Delays - Excusable delays in the pr osecution or completion of the Work shall include delays which result from causes beyond the control of the Contractor and City and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers.

6.3.3.1 Abnormal Delays - Delays caused by acts of god, fire, unusual storms, floods, tidal waves, earthquakes, strikes, labor disputes, and freight embargoes, shall be considered as excusable delays insofar as they prevent the Contractor fr om proceeding with at least seventy-five (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item(s) on the latest favorably reviewed progress schedule.

6.3.3.2 Weather Delays - Should inclement weather co nditions or the conditions resulting from weather prevent the Contractor from proceeding with seve nty-five (75) percent of the normal labor and equipment force engaged in the current critical activi ty item for a period of at least five (5) hours per day toward completion of such operation or operations, and the crew is dismissed as a result thereof, it shall be a weather delay day. The Contractor may be granted a time extension pursuant to Paragraph 00700-6.4.2.c, Weather Delays.

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6.3.3.3 Material Shortages - Upon the submission of satisfactory proof to the Construction Manager by the Contractor, shortages of material may be acceptable as grounds for granting a time extension. In order that such proof may be satisfactory and acceptable to the Construction Manager, it must be demonstrated by the Contractor that the Contractor has made every effort to obtain such materials, or obtain acceptable substitute materials, from all known sources within reasonable reach of the proposed Work. Only the physical shortage of material, caused by unusual circumstances, will be considered under these provisions as a cause fo r extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical cost or price, unless it is shown to the satisfaction of the Construction Manager that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and usual practices in obtaining such quantities. A time extension for shortage of material will not be considered for material ordered or delivered late or whose availability is affected by virtue of the mishand ling of procurement. The above provisions apply equally to equipment to be installed in the work.

6.3.4 Compensable Delays - Compensable delays in th e prosecution or completion of the Work shall include delays that occur through no fault of t he Contractor and prevent the Contractor from proceeding with at least seventy-five (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activi ty item(s) on the latest favorably reviewed progress schedule due to the following cause(s):

a. Delays due solely to the actions and/or inactions of the City. b. Delays due to differing site conditions as defined in Paragraph 00700-7.3, Differing Site Conditions.
c. Delays due to other Contractors employed by the City who interfere with the Contractor's prosecution of the Work as defined above.

No delay shall be compensable unless the claimed event or occurrence delays completion of the work beyond the contractual completion date or the completion date shown in the accepted initial or updated schedules, and the delay affects a critical activity while such activity is on the critical path.

6.3.5 Concurrent Delays - Concurrent delays are th ose delay periods when the prosecution of the Work is delayed during the same period of time due to causes from a combination of the delays defined in Paragraphs 00700-6.3.2, Non-Excusable Delays, 00700-6.3.3, Excusable Delays, or 00700-

6.3.4, Compensable Delays. During such concurrent delay periods, time extensions will be granted in accordance with Paragraph 00700-6.4, Time Ex tensions; however, the Contractor shall not be compensated for its delay damages as defined in Paragraph 00700-6.4.3, or for any other damages, and the City shall not assess its actual costs as defined in Paragraph 00700-6.4.1, Non- excusable Delays.

6.4 Time Extensions

6.4.1 Non-excusable Delays - The City may grant an extension of time for non-excusable delays if the City deems it is in its best interest. If the City grants an extension of time for non-excusable delays, the Contractor agrees to pay the City's actual costs, including charges for engineering, inspection and administration incurred during the extension.

6.4.2 Excusable or Compensable Delays - If the Contractor is delayed in the performance of its work as defined in Paragraphs 00700-6.3.3, Excusable Delays, or 00700-6.3.4, Compensable Delays, then the Contract completion date may be extended by t he City for such time that, in the City's and Construction Manager's determination, the Contractor's completion date will be delayed, provided that the Contractor strictly fulfills the following:

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a. The Contractor shall provide notification, in accordance with Paragraph 00700-6.3.1, Notice of Delays, and submit in writing a request for an extension of time to the Construction Manager stating at a minimum the probable cause of the delay and the number of days being requested. The time extension request shall be submitted in accordance with the requirements of Paragraph 01310-4.0, Time Impact Analyses.

b. If requested by the Construction Manager, the Contractor shall promptly provide sufficient information to the Construction Manager to assess the cause or effect of the alleged delay, or to determine if other concurrent delays affected the work.

c. Weather Delays. The Contractor will be granted a non-compensable time extension for weather caused delays, pursuant to Paragraph 00700-6.3.3.2, Weather Delays, over and above an allowance as provided for in Pa ragraph 01010-5.0, Weather Days. No time extensions for weather dela ys will be granted until the total number of weather days exceeds this allowance.

Should the Contractor fail to fulfill any of the foregoing, which are conditions precedent to the right to receive a time extension, the Contractor waives the right to receive a time extension.

During such extension of time, neither extra compensation for engineering, inspection and administration nor damages for delay will be charged to the Contractor. It is understood and agreed by the Contractor and City that time extensio ns due to excusable or compensable delays will be granted only if such delays involve controlling ope rations which would prevent completion of the whole Work within the specified Contract time.

Should the Contractor fail to complete the work within the time specified in the contract, as extended in accordance with this clause if appropriate, the Contractor shall pay to the City liquidated damages in accordance with Paragraph 00700-6.5, Liquidated Damages.

6.4.3 Delay Damages

6.4.3.1 Indirect Overhead - The Contractor shall be reimbursed for indirect overhead expenses for periods of time when the Work is delayed as defined in Paragraph 00700-6.3.4, Compensable Delays.

However, no reimbursement for indirect overhead or any other costs or damages shall be made for compensable delays which occur during a concurrent delay as defined in Paragraph 00700-6.3.5, Concurrent Delays. No reimbursement for indirect overhead as covered in this Section shall be made for any time extensions granted for Contract change orders as provided in Section 01035, Modification Procedures. As a condition precede nt to any reimbursement, the Contractor must fulfill all conditions as provided in Paragraph 00700-6.4.2, Excusable or Compensable Delays. No additional markup for overhead or profit shall be provided for such indirect overhead expenses.

Payment to the Contractor for indirect over head expenses will be made only if the extended Contract period granted for the compensable delay (s) is required to complete the work following the depletion of the original contract period and any time extensions granted other than compensable time extensions. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay including not limited to extended field costs, extended home office overhead costs, impact, inefficiency, unabsorbed home office overhead, underabsorbed home office overhead, hindrance, disruption, or any other damage arising from delay, no matter how characterized, including delay claims of its subcontractors/suppliers of every tier.

6.4.3.1.1 Indirect Field Overhe ad - For those allowable delay periods as defined in Paragraph EXHIBIT 2
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00700-6.4.3, Indirect Overhead, the Contractor shall be reimbursed for its indirect field overhead based on:

a. Invoices for all field office equipment.

b. Actual salary for field office staff.

c. Fair rental values acceptable to the Construction Manager as described in Paragraph 01035-

3.0, Force Account Payment for construction equipment idled due to the delay.

6.4.3.1.2 Indirect Home Office Overhead - For those allowable delay periods as defined in Paragraph 00700-

6.4.3, Indirect Overhead, the Contractor shall be reimbursed for its daily home office overhead based on the following formula:

Contract Bid Price ($) X (0.04) = Daily Home Office Overhead ($/Day) Contract Period (Days)

As it is impractical to determine the actual home office overhead, such reimbursement shall be mutually agreed between the City and Contractor to encompass full payment for any home office overhead expenses for such periods of time for the Contractor a nd all subcontractors.

The Contractor agrees to indemnify, defend and hold the City harmless for any indirect overhead claims from its subcontractors.

6.5 Liquidated Damages

It is agreed by the parties to the Contract that time is of the essence in the completion of this Work, and that in case all the Work called for under the Contract is not completed before or upon the expiration of the time limit as set forth in these Contract Documents, as modified by extensions of time granted by the City, damage will be sustained by the City. As it is impracticable to determine the actual delay damage; it is, therefore, agreed that the Contractor shall pay liquidated damages to the City in the amount set forth in Paragraph 01010-4.0, Damages For Delays, per day for each and every day's delay beyond the time prescribed to complete the Work. The Contractor agrees to pay such liquidated damages and in case the same are not paid, agrees that the City may deduct the amount thereof from any monies due or t hat may become due the Contractor under the Contract.

6.6 Termination By City For Cause

Subject to prior notice from City and Contractor’s cure rights set forth in this Section, City will have the right to terminate the Contract for cause after the occurrence of any of the following events:

a. Contractor becomes insolvent or files fo r relief under the bankruptcy laws of the United States.

b. Contractor makes a general assignment for the benefit of its creditors or fails to pay its debts as the same become due.

c. A receiver is appointed to take charge of Contractor’s property.

d. The Work is not completed with the applicab le Contract Time, as such Contract Time may be adjusted in accordance with this Contrac t, and Contractor is not diligently prosecuting the completion or correction of the Work.

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e. Contractor persistently or repeatedly re fuses or fails to supply skilled supervisory personnel, an adequate number of properly skilled workers, proper materials, or necessary equipment to prosecute the Work in accordance with the Contract Documents.

f. Contractor fails to make prompt payment of amounts properly due subcontractors after receiving payment from City.

g. Contractor disregards Applicable Code Requirements.

h. Contractor persistently or materially fails to execute the Work in accordance with the Contract Documents.

i. Contractor persistently or materially fails to comply with applicable safety requirements.

j. Contractor abandons the Work.

k. Contractor is in default of any other mate rial obligation under the Contract Documents.

Upon the occurrence of any of the preceding ev ents, City will have the right to terminate the Contract for cause if Contractor fails to promptly commence to cure such default and diligently prosecute such cure within 5 days after notice from City, or within such longer period of time as is reasonably necessary to complete such cure.

Upon any of the occurrences referred to above, City may, at its election and by notice to Contractor, terminate the Contract and take possession of the Project site and all materials, supplies, equipment, tools, and construction equipment and machinery thereon owned by Contractor; accept the assignment of any or all of the subcontracts; and then complete the Work by any method City may deem expedient. If requested by City, Contractor shall remove any part or all of Contractor’s materials, supplies, equipment, tools, and construction equipment and machinery from the Project site within 7 days of such request; and if Contractor fails to do so, City may remove or store, and after 90 days sell, any of the same at Contractor’s expense.

If the Contract is terminated by City as provided in this Section, Contractor shall not be entitled to receive any further payment until the expiration of 35 days after Final Completion and acceptance of all Work by City.

If the unpaid balance of the Contract Sum exceeds the cost of completing the Work, including all additional costs and expenses made necessary thereby, including costs for City staff time, plus all losses sustained, including any liquidated damage s provided under the Contract Documents and subject to provisions of this Contract that survive termination, such excess shall be paid to Contractor. If such costs, expenses, loss es, and liquidated damages exceed the unpaid balance of the Contract Sum, Contractor shall pay such excess to City.

No termination or action taken by City after termination shall prejudice any other rights or remedies of City provided by law or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all losses suffered by City.

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6.7 Suspension By City For Convenience

City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to 90 days, as City may determine, with such period of suspension to be computed from the date of delivery of the written order. Such order shall be specifically identified as a “Suspension Order” under this Section. The Work may be stopped for such further period as the parties may agree. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within 90 days after the issuance of the Suspension Order, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order.

If a Suspension Order is canceled or expires, Contractor shall continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. Any Claim by Cont ractor for an adjustment of the Contract Sum or the Contract Time shall be made within 21 days after the end of the Work suspension. Contractor agrees that submission of its claim within said 21 days is an express condition precedent to its right to recover on such a claim.

The provisions of this Section shall not apply if a Suspension Order is not issued by City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.

6.8 Termination By City For Convenience

City may, at its option, terminate this Contract, in whole or from time to time in part, at any time by giving notice to Contractor. Upon such terminati on, Contractor agrees to waive any claims for damages, including loss of anticipated profits, on account thereof; and, as the sole right and remedy of Contractor, City shall pay Contractor in accordance with this Section.

Upon receipt of notice of termination under this Section, Contractor shall, unless the notice directs otherwise, do the following:

a. Immediately discontinue the Work to the extent specified in the notice.

b. Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued.

c. Promptly cancel, on the most favorabl e terms reasonably possible, all orders and subcontracts to the extent they relate to the performance of the discontinued portion of the Work.

d. Thereafter do only such Work as may be nec essary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.

Upon such termination, the obligations of the Contract shall continue as to portions of the Work already performed and, subject to Contractor’s obligations under this Section above, as to bona fide obligations assumed by Contractor prior to the date of termination.

Upon such termination, City shall pay to Contractor the sum of the following:

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a. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor.

b. Plus previously unpaid costs of any item s delivered to the Project site which were fabricated for subsequent incorporation in the Work.

c. Plus any proven losses with respect to materials and equipment directly resulting from such termination.

d. Plus reasonable demobilization costs.

e. Plus reasonable costs of preparing a stat ement of the aforesaid costs, expenses, and losses in connection with such termination. The above payment shall be the sole and exclusive remedy to which Contractor is entitled in the event of termination of the Contract by City pursuant to this Section; and Contra ctor will be entitled to no other compensation or damages and expressly waives same.

6.9 Temporary Suspension of Work

6.9.1 If the Contractor fails to correct defective wo rk as required by Paragraph 00700-5.3, Defective and Unauthorized Work, or fails to carry out the Work in accordance with the Contract Documents or any other applicable rules and regulations, the City, by a written order of the City's representative or signed personally by an agent specifically so em powered by the City, in writing, may order the Contractor to stop the work, or any portion t hereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. All delays in the Work occasioned by such stoppage sha ll not relieve the Contractor of any duty to perform the Work or serve to extend the time for its completion. Any and all necessary corrective work done in order to comply with the Contract Documents shall be performed at no cost to the City.

6.9.2 In the event that a suspension of Work is ordered, as provided in this paragraph, the Contractor, at its expense, shall perform all work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public, pedestrian, and vehicular traffic, during the period of such use by suspension. Should the Contractor fail to perform the Work as specified, the City may perform such work and the cost thereof may be deducted from monies due the Contractor under the Contract.

6.9.3 The City shall also have authority to suspend the Work wholly or in part, for such period as the City may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the Work. Such temporary suspension of the Work will be considered justification for time extensions to the Contract in an amount equal to the period of such suspension if such suspended work includes the current critical activity on the latest favorably reviewed progress schedule. The Contractor as di rected by the City shall provide the provisions as stipulated in Paragraph 00700-6.6.2 above. Such additional work shall be compensated as provided for in Paragraph 00700-7.0, Changes in The Work.

7.0 SCOPE OF WORK - CHANGES IN THE WORK

7.1 Changes

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The City reserves the right to make such alterations, deviations, additions to, deletions 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 determin ed by the Engineer to be required for the proper completion or construction of the whole work contemplated. Such changes, no matter how many, shall be within the contemplation of this Contra ct and shall not be the basis for a compensable delay or a claim for lost profits.

Any such changes will be set forth in a contract change order which will specify, in addition to the work to be 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 authorized City official and/or the City Council.

For contracts approved by the City Council for initial prices under One Hundred Thousand Dollars ($100,000), cumulative change orders which exceed the charter limit $100,000 require City Council approval. For contracts with initial prices of One Hundred Thousand Dollars ($100,000) or more, cumulative change orders which exceed the charte r limit $100,000 plus ten percent (10%) of the initial contract price over One Hundred Thousand Dollars ($100,000) require City Council approval.

Change orders not meeting the above criteria requ ire approval by the authorized City official executing this Contract. The dollar amounts of change orders approved by specific City Council action, plus the dollar amounts of any change orde rs which predate such specific City Council action, shall not be counted in computing the authority limits set forth above for City officials to approve change orders hereunder.

In emergency situations, the authorized City official may issue a change order beyond the authority limits described above in order to:

a. Prevent interruption of the work which would re sult in a substantial increase in the costs to, or liability of, City; or

b. Protect the work, equipment, materials to be used in the work, human safety, or the environment at or near the work from substantial and immediate danger or injury; or

c. Protect, where damage or injury has occurred, the work, equipment or materials to be used in the work, human safety, or the environment at or near the site of the work from further or additional damage or injury or deterioration.

The authorized City official shall have the authorit y to issue change orders in such sums as is reasonably necessary for such emergency purposes. After issuing a change order in an emergency situation described above, the authorized City official shall report such action and the reasons therefore to the City Council in writing not later than its next regularly scheduled meeting or as soon thereafter as is practicable.

Upon receipt of an approved contract change order, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of an approved contract change order therefore. In such cases, the Engineer will, as soon as practicable, issue an approved contract change order for such work and the provisions in Paragraph 7.1.1, Procedure and Protest, shall be fully applicable to such subsequently issued contract change order.

When the compensation for an item of work is subject to adjustment under the provisions of Paragraph 00700-7.1, Changes, the Contractor shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.

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7.1.1 Procedure and Protest - A contract change orde r approved by the Engineer may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in an approved contract change order which he has not executed, he shall submit a written protest to the Engineer within 15 days after the receipt of such approved contract change order. The protest shall state the points of disagreement, and if po ssible, the contract specification references, quantities, and costs involved. If a written protest is not submitted, payment will be made as set forth in the approved contract change order and such payment shall constitute full compensation for all work included therein or required thereb y. Such unprotested approved contract change orders will be considered as executed contract change orders as that term is used in Paragraphs 00700-7.1.2 to 7.1.4, inclusive.

Where the protest concerning an approved contract change order relates to compensation, the compensation payable for all work specified or re quired by said contract change order to which such protest relates will be determined as provided in Paragraphs 00700-7.1.2 to 7.1.4, inclusive.

The Contractor shall keep full and complete records of the cost of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work.

Where the protest concerning an approved contract change order relates, to the adjustment of contract time for the completion of the work, the time to be allowed therefore will be determined as provided in Paragraph 00700-6.5, Liquidated Damages.

Proposed contract change orders may be presented to the Contractor for his consideration prior to approval by the Engineer. If the Contractor signifies his acceptance of the terms and conditions of such proposed contract change order by executi ng such documents and if such change order is approved by the City Manager or City Council and issued to the Contractor, payment in accordance with the provisions as to compensation therein se t forth shall constitute full compensation for all work included therein or required thereby. A contract change order executed by the City Manager or City Council is an executed contract change order as that term is used in Paragraph 00700-7.1.2 to 7.1.4, inclusive. An approved contract change order shall supersede a proposed, but unapproved, contract change order covering the same work.

7.1.2 Eliminated Items - The City reserves the right to eliminate any contract it em of work prior to the award of the contract without incurring any obligation to pay therefore. Should any contract item of the work be eliminated in its entirety following the award of the contract and in the absence of an executed contract change order covering such elimination, payment will be made to the Contractor for actual costs incurred in connection with such el iminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination.

If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual co st to the Contractor. In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for by the City. If the material is returnable to the vendor and if the Engineer so directs, the material shall be returned and the Contractor will be paid for the ac tual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for.

The actual costs or charges to be paid by the City to the Contractor as provided in this Paragraph 00700-7.1.2 will be computed in the same manner as if the work were to be paid for on a force account basis as provided in Paragraph 01035-3.0.

7.1.3 Changes in Character of Work - If an ordered change in the plans or specification materially changes the character of the work of a contract it em from that on which the Contractor based his EXHIBIT 2
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bid price, and if the change increases or decrease the actual unit cost of such changed item as compared to the actual or estimated actual cost of performing the work of said item in accordance with the plans and specification originally applicable thereto, an adjustment in compensation therefore will be made by executed contract change order specifying the compensation payable, in accordance with the following:

The basis of such adjustment in compensation will be the difference between the actual unit cost to perform the work of said item or portion thereof involved in the change as originally planned and the actual unit cost of performing the work of sa id item or portion thereof involved in the change, as changed. Actual unit costs will be determined by the Engineer in the same manner as if the work were to be paid for on a force account basis as provided in Paragraph 01035-3.0; or such adjustment will be as agreed to by the Contractor and the Engineer. Any such adjustment will apply only to the portion of the work of said item act ually changed in character. At the option of the Engineer, the work of said item or portion of item which is changed in character will be paid for by force account as provided in Paragraph 01035-3.0.

Failure of the Engineer to recognize a change in character of the work shall not be construed as relieving the Contractor of his dut y and responsibility of filing a written notice in accordance with Paragraph 00700-7.5.2.1, Notice.

7.1.4 Extra Work - New, unforeseen work will be clas sed as extra work when determined by the Engineer that such work is not covered by any of the va rious items for which there is a bid price or by combinations of such items. In the event portions of such work are determined by the Engineer to be covered by some of the various items for which there is a bid price or combinations of such items, the remaining portion of such work will be classed as extra work. Extra work also includes work specifically designated as extra work in the plans and specifications.

The Contractor shall do such extra work and furnish labor, material, and equipment therefore upon receipt of an approved contract change order or wr itten emergency order of the Engineer, and in the absence of such approved contract change or der or written emergency order of the Engineer he shall not be entitled to payment of such extra work.

7.2 Change Orders

7.2.1 Without invalidating the Contra ct and without notice to sureties or insurers, the City through the Construction Manager, may at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by Field Directive, Field Order, or Change Order. A Change Order will not be issued for a Fiel d Directive unless the Construction Manager concurs with an appeal by the Contractor that such Field Directive is a change in the scope of the Contract. The Contractor shall comply promptly with the re quirements for all Change Orders, Field Orders, or Field Directives. The work involved in Change Orders shall be executed under the applicable conditions and requirements of the Contract Documents. If any Field Order causes an increase or decrease in the Contract Amount or an extension or shortening of the Contract Time, an equitable adjustment will be made by issuing a Change Order. If the Contractor accepts a Change Order that does not include a time extension, the Contra ctor waives any claim for additional time for the work covered by that Change Order. Additional or extra work performed by the Contractor without written authorization of a Field Order or Change Order will not entitle the Contractor to an increase in the Contract Amount or an extension of the Cont ract Time. A reservation of rights, non-waiver of claims, or similar exceptions or reservations by the Contractor on a Change Order for additional time, money, or anything else shall not be permitted and are of no force or effect. It is the intent of the City to have all Change Orders issued comprehensively to address all issues known and unknown relating to time and/or costs.

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7.2.2 Extra work shall be that work not shown or det ailed on the Contract Drawings and not specified.

Such work shall be governed by all applicable prov isions of the Contract Documents. In giving instructions, the Construction Manager shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the work; but otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order by the City through the Construction Manager, and no claim for an addition to the total amount of the Contract shall be valid unless so ordered.

7.2.3 In case any change increases or decreases t he work shown, the Contractor shall be paid for the work actually done at a mutually agreed upon adjus tment to the Contract price, based upon the provisions of Section 01035 - Modification Procedures.

7.2.4 If the Contractor refuses to accept a Change Order, the City may issue it unilaterally. The Contractor shall comply with the requirements of the Change Order. The City shall provide for an equitable adjustment to the Contract, and compensate the Contractor accordingly. If the Contractor does not agree that the adjustment is equitable, it may submit a claim in accordance with Paragraph 00700-7.5.2, Potential Claims/Change Orders.

7.2.5 Elimination of Work - In accordance with Section 7.1.2 above, the City shall be allowed and authorized to eliminate portions of work from the Contract Work at its discretion, and in the best interests of the public, during the course of action of the Project, and not only prior to award of contract. Said elimination of work shall not be determined to be a Termination for Convenience even if said elimination brings t he Contract Work to a close. Up on elimination of work under this provision, the payment provisions of 7.1.2 shall apply.

7.3 Differing Site Conditions

Pursuant to Public Contract Co de Section 7104, the Contractor shall promptly, and before such conditions are disturbed, notify the Construction Manager in writing, of any:

a. Material that the Contract or believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

b. Subsurface or latent physical conditions at the site differing from those indicated.

c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

The City shall promptly, investigate the conditions , and if it finds that the conditions do materially differ, or do involve hazardous wa ste, and cause a decrease or increa se in the Contractor's cost of, or the time required for, performance of any part of the work the City shall cause to be issued a change order under the procedures provided in Paragraph 00700-7.2, Change Orders.

In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of an y part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties, Paragraph 00700-7.5, Resolution of Disputes.

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No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required.

7.4 Value Engineering Change Proposals (VECP)

Refer to Section 01090, References, for the definition of a Value Engineering Change Proposal.

7.4.1 Applicability - The provisions of this Se ction shall apply only to Value Engineering Change Proposals (VECPs) resulting in net cost savings of Twenty Thousand dollars ($20,000) or greater.

7.4.1.1 Future Changes - The Contractor is entitled to share in the net cost savings of the VECP to the full extent provided for in this Section and in the change order implementing the VECP. However, the net cost savings shall not continue to subsequent contract change orders nor other modifications of the contract which may change the service provided or increase the quantity of any item related to the VECP.

7.4.2 VECP Submittal - The Contractor must submit all VECPs to the Construction Manager after receipt of the Notice to Proceed and prior to surpassing forty percent (40%) of the contract time allowed in Section 01010-3.0, Time Allowed For Completion. The number of copies of the VECP submitted shall be in accordance with that designated for submittals in Section 01300, Submittals.

The Contractor shall include the following information for each VECP, in a form acceptable to the Construction Manager:
a. Description of the differences between the existing design and the proposed design.

b. Description of the advantages and disadvant ages of the existing design and the proposed design.

c. If the function of an item is altered, the justification for altering that function.

d. The effect of the proposed modifications on the performance of the system or facility.

e. Any test data regarding the proposed modification.

f. A listing and analysis of all design criteria and specifications that must be changed if the VECP is accepted.

g. A separate detailed estimate of the impact on the project costs, together with a copy of the Contractor’s approved schedule of values or costs.

h. A description and estimate of costs the City may incur to implement the VECP, including, but not limited to, design changes, inspection, testing, and evaluation costs.

i. A prediction of any effects the VECP may have on life-cycle costs.

j. The effect of the VECP on design and construction schedules.

k. All preliminary engineering data necessary to support approval of the VECP.

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7.4.3 Acceptance of VECP by City - The City shall ha ve sole discretion to determine whether or not to accept a VECP. The City’s decision shall be final.

A VECP will be rejected if it causes an increase to the contract amount.

Within thirty (30) days after receipt of a VECP by the Construction Manager, the Contractor shall be notified in writing that the VECP is acceptable, rejected or additional time is required for the Construction Manager’s response.

If determined acceptable, the Construction Manage r will initiate a contract change order to implement the VECP. A VECP which is acceptable shall be incorporated into the project only through a contract change order.

7.4.4 Contractor’s Right to Withdraw VECP - The Contra ctor has the right to withdraw part or all of any VECP at any time prior to written acceptance by the City. Such withdrawal shall be made in writing.

Each VECP submitted by the Contractor shall remain valid for a period of thirty (30) days from the date received, unless extended by the Construction Manager. If the Contractor desires to withdraw the VECP prior to its acceptance or rejection, the Contractor shall be liable for the costs incurred by the City in reviewing the VECP.

7.4.5 Change Order Content for A ccepted VECP - The contract chang e order for an accepted VECP shall offer to the Contractor fifty percent (50% ) of the net cost savings, as determined by the Construction Manager. The change order shall detail the cost savings of each contract item that is part of the final accepted VECP. The net cost savings shall be accomplished through progress payments for the various items of work listed in the contract change order. The Contractor's costs for development, design and/or implementation of the VECP are not eligible for reimbursement.

The cost for review by the Construction Manager and all City design consultants will be added to the cost of the value engineering proposal prior to determining the reduction of cost.

7.4.6 Identical VECP - A VECP identical to a VEC P submitted under any other contract, by the Contractor, or any other contractor, may also be submitted under this Contract, provided that the VECP originated with such contractor and not wi th the City, Design Consultant, or Construction Manager.

7.4.7 Restrictions - The Contractor may restrict the City’s right to use any VECP data by marking it with the following statement:

This data, furnished pursuant to the Value Engineering Change Proposal Section of this Contract, shall not be duplicated, used or disclosed, in whol e or in part, for any purpose except to evaluate the VECP, unless the VECP is accepted by the City. This restriction does not limit the City’s right to use information contained in this data if it is or has been obtained, or is otherwise available from the Contractor or from other sources, without limitations. When this VECP is accepted by the City, the City shall have the right to duplicate, use and disclose any data in any manner and for any purpose whatsoever, and have others do so whether under this or any other contract.

7.4.8 The City's acceptance, approval or use of t he VECP shall not in any way reduce, limit or waive Contractor's responsibility under the Contract Documents, including, but not limited to, to perform all work and services, including that called for by or because of the VECP, in a competent and workmanlike manner, and pursuant to the standards required by the Contract Documents.

7.4.9. The VECP must not impair any of the essential functions and characteristics of the Project, such as service life, reliability, economy of operation, ease of maintenance, safety and necessary standardized features.

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7.4.10 In the event that t he contractor and the City cannot reach agreement as to the reduction in contract price associated with the VECP, the VECP will be declared null and vo id and the original contract conditions will apply. The contractor will bear sole responsibility for the costs of review of the VECP in this case.

7.5 Contract Interpretation

7.5.1 Contract Interpretation by the Construction Manager - Questions regarding the meaning and intent of the Contract Documents shall be referred in wr iting by the Contractor to the Construction Manager. Where practical, the Construction Manager shall respond to the Contractor in writing with a decision within ten (10) days of receipt of the request.

At the City’s discretion, the City may deduct from monies due the Contractor, time and expense costs incurred by the City, Construction Manage r, and Design Consultant for reviewing and responding to unnecessary RFIs. This may incl ude RFIs submitted to inquire about means, methods, or potential modifications for the Contractor’s convenience.

7.5.2 Potential Claims/Change Orders

7.5.2.1 Notice – Inclusive of the provisions in paragr aph 00700-7.7, Dispute Resolution, if the Contractor disagrees with the Construction Manager's de cision in Paragraph 00700-7.5.1, Contract Interpretation by the Construction Manager, or in any case where the Contractor deems additional compensation or a time extension to the Contract period is due the Contractor for work or materials not covered in the Contract or which the Construction Manager has not recognized as extra work, the Contractor shall notify the Construction Manager, in writing, of its intention to make a claim or request a change order. Potential claims or change orders pertaining to decisions provided in Paragraph 00700-7.5.1 or such other determinations by the Construction Manager shall be filed in writing to the Construction Manager prior to Cont ractor performing the work giving rise to the potential claim or change order, if based on an act or failure to act by the City, or in all other cases, within five (5) days after the event or occurrence giving rise to the potential claim or change order.

Written notice shall use the words "Notice of Potential Claim/Chang e Order.” Such Notice of Potential Claim/Change Order shall state the ci rcumstances and the reason s for the claim, but need not state the amount.

Additionally, no claim for additional compensation or extension of time for a delay will be considered unless the provisions of Paragraphs 00700-6.3, Delays, 6.4, Time Extensions, 7.7, Dispute Resolution, are complied with. No claim filed after the date of final payment will be considered.

It is agreed that unless notice as required by t he Contract Documents is properly given, the Contractor shall have waived all rights to recover, and shall not recover, costs incurred by it as a result of the alleged extra work, changed work or other situation which had proper notice been given would have given rise to a right for additi onal compensation. The Contractor should understand that timely notice of potential claims a nd change orders is of great importance to the Construction Manager and City, and is not merely a formality. Such notice allows the City to consider preventative action, to monitor the C ontractor's increased costs resulting from the situation, to marshall facts, and to plan its affairs. Such notice by the Contractor, and the fact that the Construction Manager has kept account of t he cost as aforesaid, shall not in any way be construed as proving the validity of the claim.

7.5.2.2 Records of Disputed Work - In proceeding with a disputed portion of the Work, the Contractor shall keep accurate records of its costs and shall make available each day, to the Construction Manager or his designated representative, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized EXHIBIT 2
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services used. Such information shall be submitted to the Construction Manager on a weekly basis, receipt of which shall not be construed as an authorization for or acceptance of the disputed work.

It is the intent of this Section that these reco rds be provided such that the Construction Manager and Contractor can determine and agree upon the C ontractor's daily effort expended on the disputed work and determine accurate costs for the disputed work. Such determination shall not be construed as authorization for or acceptance of the disputed work.

7.5.2.3 Meetings - From time to time the Construction Manager may call a special meeting to discuss outstanding claims and potential change orders s hould it deem this of possible help. The Contractor shall cooperate and attend prepared to discuss its claims, making available the personnel necessary for resolution, and all documents which may reasonably be requested by the Construction Manager.

7.5.3 Claims - The term “Claim” means a written demand or assertion by Contractor seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between City and Contractor arising out of or related to the Contract Documents or the performance of the Work. The term “Claim” shall not include, and the Claims procedures provided under this Section, including bu t not limited to arbitration, shall not apply to the following:

a. Claims respecting penalties for forfeiture s prescribed by statute or regulation that a government agency is specifically authorized to administer, settle, or determine.

b. Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death.

c. Claims respecting stop notices.

Inclusive of the provisions in paragraph 00700-7.7, Claim must include the following:
a. A statement that it is a Claim and a request for a decision.

b. A detailed factual narrative of events full y describing the nature and circumstances giving rise to the Claim, including but not limited to, necessary dates, locations, and items of work affected.

c. A certification, executed by C ontractor, that the claim is filed in good faith. The certification language is identified below. The language of the Claim Certification form may not be modified.
d. A certification, executed by each subcont ractor claiming not less than 5% of the total monetary amount sought by the claim, that the subcontractor’s portion of the claim is filed in good faith. The certification language is identified below. The language of the Claim Certification form may not be modified.
e. A statement demonstrating that a Change Or der Request was timely submitted as required by Section 7 of the General Conditions and Section 01035.

f. If a Cost Proposal or declaration was requ ired by Section 7 of the General Conditions and Section 01035, a statement demonstrating that the Cost Proposal or the declaration was timely submitted as required by Section 7 of the General Conditions.

g. A detailed justification for any remedy or relie f sought by the Claim, including to the extent applicable, the following:

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If the Claim involves Extra Work, a detailed cost breakdown of the amounts claimed, including the items specified in Section 7 of the General Conditions and Section 01035. The cost breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted.

To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including without limitation, payroll records, material and rental invoices and the like) demonstrating that costs claimed have actually be en incurred. To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a week during any period s costs are incurred. A cost record will be considered current if submitted within 7 days of the date the cost reflected in the record is incurred.

At the request of the Construction Manager or City’s Representative, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged Extra Work on a daily basis). The cost breakdown must include an itemization of costs for i) labor including names, classifications, regular hours and overtime hours worked, dates worked, and other pertinent information; ii) materials stored or incorporated in the work including invoices, purchase orders, location of materials either stored or incorporated into the work, dates materials were transported to the project or incorporated into the work, and other pertinent information; and iii) itemization of machinery and equipment including make, model, serial number, hours of use, dates of use and equipment rental rates of any rented equipment.

If the Claim involves an extension of the Contra ct Time, written documentation demonstrating the Contractor’s entitlement to a time extension under Section 6 of the General Conditions and Section 01310, including the specific dates for which a time extension is sought and the specific reasons for entitlement of a time extension. The Contract Schedule must demonstrate Contractor’s entitlement to an adjustment of Contract Time under Section 6 of the General Conditions and Section 01310.

If the Claim involves an adjustment of the C ontract Sum for delay, written documentation demonstrating the Contractor’s entitlement to such an adjustment under Section 6 of the General Conditions and Section 01310, including but not limited to, a detailed time impact analysis of the Contract Schedule. The Contract Schedule must demonstrate Contractor’s entitlement to such an adjustment under Section 6 of the General Conditions and Section 01310.

For each claim submitted or filed by Contractor, including, but not limited to, any claim on behalf of Contractor and/or any claim by or on behalf of any subcontractor or supplier, of any tier, Contractor shall include the following certification, signed in the same manner as the Contract was signed:

I, being the (must be an officer) of (general contractor or subcontractor), declare under penalty of perjury under the laws of the State of California, and do personally certify and attest that: I have thoroughly reviewed the attached claim for additional compensation and/or extension of time, and know its contents and said claim is made in good faith; the supporting data is truthful and accurate; that the amount requested accurately reflects t he Contract adjustment for which the Contractor believes the City is liable; and, further, that I am familiar with California Penal Code Section 72 and California Government Code Section 12650, et. seq., pertaining to false claims, and further know and understand that submission or certification of a false claims many lead to fines, imprisonment and/or severe legal consequences.”

7.6. Assertion of Claims

Claims by Contractor shall be first submitted to the Construction Manager for decision.

Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by Construction Mana ger, Contractor shall not cause any delay, EXHIBIT 2
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cessation, or termination in or of Contractor’s performance of the Work, but shall diligently proceed with performance of the Work in accordance with the Contract Documents.

Contractor shall submit a Claim in writing, together with all supporting data specified in Section 7.5 above, to Construction Manager as soon as possible but not later than 30 days after the date the Claim arises under Sections 6 and 7 of the General and Supplemental Conditions.

7.7 Dispute Resolution

All claims by Contractor for a time extension, payment of money or damages arising from work done by, or on behalf of, Contractor pursuant to the Contract and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or as to the amount of payment which is disputed by the City of Three Hundred Seventy-Five Thousand Dollars ($375,000) or less shall be subject to the provisions set forth in Public Contract Code Section 20104, et. seq. Those sections require that the claim be in writing, include the documents necessary to substantiate the claim, and be filed on or before the final date of payment, subject to all time limits and notice requirements for filing claims under the Contract.

Arbitration

Claims Subject to Public Contract Code Section 9204; Procedure

Application. This Section applies solely to the handling and resolution of a claim(s) sent to the City by registered mail or certified mail with return receipt requested in accordance with Public Contract Code Section 9204(c)(1). With respect to such cl aim(s), the provisions of Public Contract Code Section 9204 shall apply, and are hereby incorporated by reference into these documents and set forth in full at the end of this Section.

Mediation Procedures. Mediation conducted pursuant to Public Contract Code Section 9204 shall be in accordance with the following procedures:

 Request for Mediation: A request for mediation must be in writing and set forth a brief statement that identifies the claim(s), the asserted damages, the names, addresses, and contact information of the parties, and identify their authorized representative, if any, that will participate in the mediation. Contractor hereby expressly waives all claims not timely submitted to mediation in accordance with this Section.

 Selection of Mediator: The parties agree that any neutral selected or appointed to preside over the mediation shall be an attorney admitted to practice law in the State of California or a retired judge, and he or she shall possess at least 10 years’ experience practicing law in the substantive areas of public contracting, public construction contracts and construction litigation.

 Time and Place of Mediation: The mediator, us ing advice and input from the parties, shall set the time of each mediation session, as well as the mediation protocol (i.e., submission of briefs, statement of damage s, etc.). The mediation w ill be held at any convenient location agreeable to the mediator and the parties, as the mediator determines. All reasonable efforts will be made by the parties and the mediator to schedule the first session within thirty (30) calendar days after selection of the mediator.

 The mediation may be terminated: (a) by the execution of a settlement agreement by the parties; (b) by a written declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile; or (c) by a writing on behalf of a party or parties to the effect that the mediation proceedings are terminated.

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 All meetings, communications and correspondence relative to the mediation procedures set forth in this Section shall be subject to any applicable mediation or settlement-related privilege afforded under California law, including, without limitation, California Evidence Code §§1115, et seq. and 1152.

 If, at the termination of the mediation proceeding s pursuant to this Section, the claim(s), or any portion thereof, remain(s) in dispute, and as a condition precedent to the commencement by Contractor of any litigation or arbitration, the provisions of California law applicable to the presentation of claims and prosecution of disputes by the Contractor shall apply to claims asserted by the Contract or, including, without limitation, Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government C ode. Contractor shall be responsible to fully satisfy and comply with all such requirements as may be applicable to any claim(s) presented by Contractor, and nothing in this Section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with §900) and Chapter 2 (commencing with §910) of Part 3 of Division 3.6 of Title 1 of the Government Code. Contractor expressly waives the removal provisions of California Code of Civil Procedure Section 394.

 In the event of any dispute between the City and Contractor, or during the pendency of any claim(s) or associated proceedings under this Section, Contractor sha ll not stop, or delay performance of, the Work, but shall prosecute the Work diligently to completion in the manner directed by the Engineer.

Other Claims. The procedures and remedies provided herein do not apply to: (1) any claim(s) made by or on behalf of the City, unless the City co nsents to the application of these procedures and remedies; (2) any claim or dispute relating to st op payment notices; (3) any claim related to the approval, refusal to approve, or substitution of subcontractors, regardless of tier, and suppliers.

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Public Contract Code - §9204 - Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process:

(a) The Legislature finds and declares that it is in t he best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.

(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this Section shall apply to any claim by a contractor in connection with a public works project.

(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.

(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.

(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Profession s Code who has entered into a direct contract with a public entity for a public works project.

(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the Californi a State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, distri ct, special district, public authority, political subdivision, public corporation, or nonprofit tran sit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.

(B) “Public entity” shall not include the following:

(i) The Department of Water Resources as to any project under the jurisdiction of that department.

(ii) The Department of Transportation as to any project under the jurisdiction of that department.

(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.

(iv) The Department of Correction s and Rehabilitation with respect to any projec t under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.

(v) The Military Department as to any project under the jurisdiction of that department.

(vi) The Department of General Services as to all other projects.

(vii) The High-Speed Rail Authority.

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(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.

(5) “Subcontractor” means any type of contractor wi thin the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Prof essions Code who either is in direct contract with a contractor or is a lower tier subcontractor.

(d)(1)(A) Upon receipt of a claim pursuant to this Section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the cl aim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.

(B) The claimant shall furnish reasonable documentation to support the claim.

(C) If the public entity needs approval from its governing body to provi de the claimant a written statement identifying the disputed portion and the undisput ed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified ma il, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statem ent. If the public entity fails to issue a written statement, paragraph (3) shall apply.

(2)(A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this Section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or cert ified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.

(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualifi ed neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this Section.

(C) For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section.

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(D) Unless otherwise agreed to by t he public entity and the contractor in writing, the mediation conducted pursuant to this Section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

(E) This Section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this Section does not resolve the parties' dispute.

(3) Failure by the public entity to respond to a claim fr om a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this Section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.

(4) Amounts not paid in a timely manner as required by this Section shall bear interest at 7 percent per annum.

(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

(e) The text of this Section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this Section.

(f) A waiver of the rights granted by this Section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change or der, claim, and dispute resolution procedures and requirements in addition to the provisions of this Section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this Section.

(g) This Section applies to contracts entered into on or after January 1, 2017.

(h) Nothing in this Section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for t he failure of an awardee to meet its contractual obligations.

(i) This Section shall remain in effect only until Janua ry 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

8.0 PAYMENT

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8.1 Scope of Payment

8.1.1 General - The Contractor shall accept the compensation, as herein provided, as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary for completing the Work according to the Contract Documents, and no addi tional compensation will be allowed therefore.

Neither the payment of any partial payment estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material.

8.1.2 Payment for Patents and Patent Infringement - All fees or claims for any patented invention, article, or arrangement that may be used upon, or in any manner connected with, the performance of the work or any part thereof shall be included in the price bid for doing the work, and the Contractor and its sureties shall defend, protect, and hold the City, the Construction Manager, and Design Consultants, together with all their officers, agents, and employees harmless against liability of any nature or kind for any and all costs, legal expenses, and damages made for such fees or claims and against any and all suits and claims brought or made by the holder of any invention or patent, or on account of any patented or unpatented invention, process, article, or appliance manufactured for or used in the performance of the Contrac t, including its use by the City, unless otherwise specifically stipulated in the Contract. Before final payment is made on the Contract, the Contractor shall furnish an affidavit to the City regarding patent rights for the project. The affidavit shall state that all fees and payments due as a result of the work incorporated into the project or methods utilized during construction have been paid in full. The Contractor s hall certify in the affidavit that no other fees or claims exist for work in this project.

8.1.3 Payment of Taxes - The Contra ctor shall pay and shall assume exclusive liability for all taxes levied or assessed on or in connection with the Contractor 's performance of this Contract, including, but not limited to, State and local sales and use taxes, Federal and State payroll taxes or assessments, and excise taxes, and no separate allowance will be made therefore, and all costs in connection therewith shall be included in the total amount of the Contract price.

8.1.4 Payment for Labor and Materials - The Contractor shall pay and require its subcontractors to pay any and all accounts for labor including worker's compensation premiums, state unemployment and federal social security payments and other wage and salary deductions required by law. The Contractor also shall pay and cause its subcontractors to pay any and all accounts for services, equipment, and materials used by the Contractor and its subcontractors during the performance of work under this Contract. Such accounts sha ll be paid as they become due and payable. If requested by the City, the Contractor shall furnish proof of payment of such accounts to the City.

8.2 Partial Payments

In consideration of the faithf ul performance of the work prosecuted in accordance with the provisions of these Spec ifications and the Contra ct, the City will pay the Contractor for all such work installed on the basis of percentage completion. Amounts earned will be based on accepted Cost Breakdown (Section 01025, Measurement and Payment).

Payments will be made by the City to the Cont ractor on estimates duly certified and approved by the Construction Manager, based on the value of equipment installed and tested, labor and materials incorporated into said permanent work by the Contractor during the preceding month, and acceptable materials and equipment on hand (materials and equipment furnished and delivered to the site by the Contractor and not ye t incorporated into the work accompanied by an approved invoice). Payments will not be made for temporary construction or material submittals unless specifically provided for in the Contract Documents.

Partial payments will be made monthly based on work accomplished as of a day mutually agreed between the City and the Contractor. Prior to submitting its payment estimate, the Contractor shall EXHIBIT 2
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meet with the Construction Manager to reach agreement on the percent completion and materials on hand for that payment period.

The Contractor shall submit its estimate of the work completed during the prior month and the work completed to date in a format acceptable to the Construction Manager and corresponding to the accepted cost breakdown. Additionally, the Contractor shall subm it a detailed statement of the Contractor's request for payment of acceptable materials and equipment on hand in compliance with Paragraph 00700-8.3, Partial Payments - Inclusion of Materials on Hand. Upon receipt of Contractor's requests for payment, the City shall act in accordance with the following:

a. The Construction Manager shall review the submitted estimates, as soon as practical after receipt, for the purpose of determining that the estimates are a proper request for payment, and shall prepare a certified estimate of t he total amount of work done and acceptable materials and equipment on hand.

b. Any request for payment determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. A request for payment returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the request for payment is not proper.

c. The number of days available to the City to make a payment without incurring interest pursuant to this Section shall be reduced by the number of days by which the City exceeds the seven (7) day return requirement set forth in subdivision (b) above.

Payment will be made by the City to the Contractor in accordance with City's normal accounts payable procedures; the City shall retain amounts in accordance with Paragraph 00700-8.4, Right to Withhold Amounts.

No such estimate or payment shall be required to be made, when in the judgment of the Construction Manager, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Construction Manager's judgment the total value of the Work done since the last estimate amounts to less than One Thousand Dollars ($1,000.00). Additionally, no payments shall be made until the Construction Manager has received an acceptable monthly schedule update covering the latest required perio d, certified payrolls and other required pay records, and a conditional waiver and release upon progress payment from Contractor for the current pay period and an unconditional waiver and release upon progress payment for the prior progress payment period. The City reserves the right to require, as a condition precedent to payment, that Contractor provide conditional and unconditional waivers and releases from Contractor's subcontractors and suppliers.

Subject to the provisions of this Section, the City shall pay the Contractor within thirty (30) days after receipt of undisputed and properly submitted requests for payment from the Contractor. In accordance with Public Contract Code, if the City fails to pay an undisputed request for payment within the allotted thirty (30) days, the City shall pay interest to the Contractor equivalent to the legal rate set forth in the Code of Civil Procedure.

8.3 Partial Payments - Inclusion of Materials on Hand

Materials, as used herein, shall be consider ed to be those items which are fabricated and manufactured goods and equipment. Only those materials for which the Cont ractor can transfer clear title to the City will be qualified for partial payment. The Contractor may request payment of seventy-five (75) percent of the actual net cost of these materials.

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To receive partial payment for materials and equipment delivered to the Site, but not incorporated in the Work, it shall be necessary for the Contractor to submit to the Construction Manager a list of such materials, at least seven (7) days prior to submitting the monthly estimate of amount earned for work completed. At the Construction Manager's sole discretion, the Construction Manager will approve items for which partial payment is to be made subject to the following:

a. Only equipment or materials which have rece ived favorable review of shop drawings will qualify.

b. Eligible equipment or materials must be de livered and properly stored, protected, and maintained in a manner favorably reviewed by the Construction Manager, at the job site or at a bonded warehouse.

c. The Contractor's actual net cost for the materials must be supported by paid invoices of suppliers, or other documentation requested by the Construction Manager.

d. Materials or equipment delivered to the Site less than thirty (30) days prior to their scheduled incorporation in the Work shall not qualify.

e. Final payment shall be made only for materials actually incorporated in the Work. Upon acceptance of the Work, all materials remaining for which advance payments had been made shall revert to the Contractor, unless otherwise agreed, and partial payments made for these items shall be deducted from the final payment for the Work.

f. Partial payments for materials and equipment on hand shall not be deemed to be final payment for the material nor relieve the Contractor of its obligations under the Contract.

g. Partial payments for materials and equipment on hand shall be subject to retention in accordance with Paragraph 00700-8.4., Right to Withhold Amounts.

8.4 Right to Withhold Amounts

8.4.1 Retention - The City will deduct from each part ial payment and retain as part security, five (5) percent of the amount earned until the final payment.

Pursuant to Public Contract Code, for monies earned by the Contractor and withheld by the City to ensure the performance of the Contract, the Contra ctor, may, at his or her option, choose to substitute securities meeting the requirements of said Code. In the event the Contractor wishes to choose this option, the Contract or shall enter into an escrow agreement with the City, and the escrow agent, a qualified bank to be chosen by City, in the form of the agreement included in the project specifications. The costs of such escrow shall be paid by the Contractor. The securities to be deposited in said escrow account shall be equivalent, in fair market value, to the amount to be withheld as performance retention. The securities shall be held in accordance with the provisions of the Public Contract Code, and the implementing agreement.

Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amou nt equal to the cash amount of the sums to be withheld under the Contract. If, upon written notice from the City, or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of monies to be withheld by the City to ensure perf ormance, Contractor shall, within five days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the City, or in escrow, is equivalent to the amount of money to be withheld by the City under the Contract.

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Any Contractor wishing to exercise this option shall give notice in writing to City, and shall thereafter execute an escrow agreement in the following form:

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ESCROW AGREEMENT FOR

SECURITY DEPOSITS IN LIEU OF RETENTION

This Escrow Agreement is made and entered into by and between;

whose address is

hereinafter called "City", and

whose address is

hereinafter called "Contractor", and

whose address is

hereinafter called "Escrow Agent."

For the consideration hereinafter set forth, the City, Contractor, and Escrow Agent agree as follows:

1. Pursuant to the Public Contract Code of the State of California, Contractor has the option to deposit securities which meet the requirements set forth in said Code, with Escrow Agent, as a substitute for retention earnings required to be withheld by City pursuant to the Construction Contract entered into between City and Contractor for _________________________ in the amount of dated (hereinafter re ferred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the de posit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and Contractor. Securities shall be held in the name of City, and shall designate the Contractor as the beneficial owner.

2. City shall make progress payments to Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.

3. When the City makes payment of retention earned directly to the Escrow Agent the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this Contract is terminated. The Contractor may direct the investment of the payments into securities.

All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly.

4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account, and all expense s of the City. These expenses and payment terms shall be determined by the City, Contractor, and Escrow Agent.

5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City.

6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompani ed by written authorization from City to the EXHIBIT 2
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Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.

7. The City shall have a right to draw upon the securi ties in the event of def ault by the Contractor.

Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.

8. Upon receipt of written notification from the City certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.

9. Escrow Agent shall rely on the written notificati ons from the City and the Contractor pursuant to Sections (4) to (6), inclusive, of this Agreem ent, and City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.

10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On Behalf of City: On Behalf of Contractor:

T i t l e T i t l e

N a m e N a m e

Signature Signature

Address Address

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On Behalf of Escrow Agent:

____________________________
Title

____________________________
Name

____________________________
Signature

____________________________
Address

At the time the Escrow Account is opened, City and C ontractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed th is Agreement by their pr oper officers on the date first set forth above.

CITY: CONTRACTOR:

________________________ ________________________
T i t l e T i t l e

________________________ ________________________
N a m e N a m e

________________________ _________________________
Signature Signature
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8.4.2 Other Withholds - In addition to the amount wh ich the City may otherwise retain under the Contract, the City may withhold a sufficient amount or am ounts of any payment or payments otherwise due the Contractor, as in its judgment may be necessary to cover:

a. Payments which may be past due and payable for just claims against the Contractor or any subcontractor for labor or materials furnished for the performance of this Contract.

b. Defective work not remedied.

c. Failure of the Contractor to make proper payments to its subcontractors or suppliers.

d. A reasonable doubt that the Contract ca n be completed for the balance then unpaid.

e. Damage to another Contractor or third party, or to property.

f. Failure of the Contractor to keep its wo rk progressing in accordance with its progress schedule or maintaining current "As-Built" record drawings.

g. The City's costs for the Contractor's failure to complete within the allowed time.

h. Cost of insurance arranged by the City due to cancellation or reduction of the Contractor's insurance.

i. Failure of the Contractor to make proper submissions, as herein specified.

j. Failure to submit, revise, resubmit, or ot herwise conform to the requirements herein for preparing and maintaining a construction schedule.

k. Payments due the City from the Contractor.

l. Reduction of Contract Amo unt because of modifications.

m. The Contractor's neglect or unsatisfactory prosecution of the work including failure to clean up.

n. Provisions of law that enable or require the City to withhold such payments in whole or in part.

When the above reasons for withhold amounts are removed, payment may be made to the Contractor for amounts withheld.

The City in its discretion may apply any withheld amount or amounts to the payment of valid claims.

In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determi nation of the claim or claims. The City will render to the Contractor a proper accounting of such funds disbursed in behalf of the Contractor.

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8.5 Substantial Completion

When the Contractor considers that the Work is substantially complete, the Contractor shall notify the Construction Manager in writing. Upon receipt of the notification, the Construction Manager, the City and/or their authorized r epresentatives will make inspection, to determine if the Work is sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work for its intended use. If items are fo und which prevent such use or occupancy, the Construction Manager shall notify the Contractor in writing of such items.

Upon the completion of such corrective work, the Contractor shall notify the Construction Manager in writing. The Construction Manager shall inspect the Work to determine its acceptability for Substantial Completion and for determination of ot her items which do not meet the terms of the Contract. Upon verification that the project is substantially complete the Construction Manager shall prepare a Certificate of Substantial Completi on. The Certificate shall establish the date of Substantial Completion and the responsibilities of the City and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, commencement of warranties required by the Contract Documents, and shall fix the time, not to exceed 60 days, within which the Contractor shall finish all items on the punch list accompanying the Certificate. When the preceding provisions have been approved by both the City and the Contractor, they shall sign the Certificate to acknowledge their written acceptance of the responsibilities assigned to them in such Certificate.

By such acknowledgement, the Contractor agrees to pay the City's actual costs including, but not limited to, charges for engineering, inspection and administration incurred due to the failure to complete the punch list within the time period provided in the Certificate of Substantial Completion.

City shall have the right to exclude Contractor from the Site after the date of Substantial Completion, but City will allow Contra ctor reasonable access to complete the Work or correct items on any deficiency list or punch lists at times and in areas designated by the City in its sole discretion and without additional compensation to Contractor.

8.6 Final Inspection and Payment

Upon completion of the Work, and upon completion of final cleaning, the Contractor shall so notify the Construction Manager in writing. Upon receipt of the notification, the Construction Manager, the City and/or their authorized representatives w ill make the final inspection, to determine the actual status of the Work in accordance with the terms of the Contract. If materials, equipment, or workmanship are found which do not meet the terms of the Contract, the Construction Manager shall prepare a punch list of such items and submit it to the Contractor. Following completion of the corrective work by the Contractor, the Construction Manager shall notify the City that the Work, has been completed in accordance with the Contra ct. Final determination of the acceptability of the Work shall be made by the City. After completion of the work, but prior to its acceptance by the City, the last partial payment will be made to the Contractor in accordance with Paragraph 00700-8.2, Partial Payments.

After receipt of the last partial payment, but prio r to acceptance of the Work by the City, the Contractor shall send a letter to the Construction Manager. The letter shall state that acceptance of the final payment described below shall operat e as and shall be, a release to the City, the Construction Manager, the Design Consultant, and their duly authorized agents, from all claims of and/or liability to the Contract arising by virtue of the Contract related to those amounts. Disputed Contract claims in stated amounts previously filed, as provided in Paragraph 00700-7.5, may be specifically excluded by the Contractor from the operation of the release.

Neither final payment nor any retention shall be come due until Contractor submits the following items to Construction Manager:

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a. The final Application for Payment and all submittals required in accordance with the General Conditions.

b. All guarantees and warranties procured by C ontractor from subcontractors, all operation and maintenance manuals for equipment installed in the Project, as-built documents, and all other submittals required by the Contract Documents.

c. Unconditional waivers and releases upon final payment from all subcontractors and suppliers and a conditional waiver and release upon final payment from Contractor.

d. Certified payroll records and all other pay records as determined by the City.

Following receipt of all required submittals and the Construction Manager's written statement that construction is complete and recommendation that the City accept the project, the City will take formal action on acceptance.

Within ten (10) days of the acceptance by the City of the completed work embraced in the Contract, the City will cause to be recorded in the office of the County Recorder a Notice of Completion.

Thirty-five (35) days after recording the Notice of Completion of the work involved in the Contract, the City will pay the Contractor in lawful money such sums of money as may be due the Contractor including all sums retained but excluding such sums as have previously been paid the Contractor.

This payment will constitute the final payment to the Contractor under this Contract.

8.7 Warranty of Title

No material, supplies, or equipment for the work under this Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by the Contractor, to the City free from any claim, liens, security interest, or charges, and further agr ees that neither the Contractor nor any person, firm, or corporation furnishing any materials or la bor for any work covered by this Contract shall have any right to a lien upon the premises or any improvement or appurtenances thereon.

9.0 EXISTING UTILITIES

9.1 General

Pursuant to Government Code Section 4216, et. s eq., the Contractor shall notify the appropriate notification center, U.S.A., 1-800-642-2444.

9.2 Notification and Location

At least three (3) working days before performing any excavation work, the Contractor shall request the utility owners to mark or otherwise indicate the location of their service.

It shall be the Contractor's responsibility to deter mine the exact location and depth of all utilities, including service connections, which have been marked by the respective owners and which the Contractor believes may affect or be affected by the Contractor's operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work.

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9.3 Damage and Protection

The Contractor shall immediately notify the Construction Manager and utility owner of any damage to a utility.

For work within a public right of way or utility easement, the party responsible fo r the cost of repairing and/or relocating damaged utilities shall be as follows:

D e s c r i p t i o n R e s p o n s i b l e P a r t y

a. Utility mains delineated incorrectly on City/Utility Company City’s plans

b. Utility mains delin eated correctly on City’s Utility Company plans but information provided
incorrectly by utility company

c. Utility mains not shown on Ci ty’s plan Utility Company

d. Utility mains inco rrectly marked in the Utility Company field by utility company

e. Utility mains incorrectly marked and/or Contractor delineated on City’s plans

f. Utility service laterals w hether indicated Contractor or not indicated on plans and whether
correctly or incorrectly shown on City’s
plans

9.4 Utility Relocation and Rearrangement

The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to t heir properties. The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility.

The Contractor assumes responsibility for the removal, relocation, or protection of existing facilities wherein said facilities are identified by the Plans, field located by a utility company, or as provided for in the General Requirements. The Contractor shall coordinate with the owner of utility facilities for the rearrangement of said facilities.

In the event that underground utilities are found t hat are not shown in the Contract Documents or are found to exist in a different location than shown in the Contract Docu ments, the Contractor shall: (1) notify the Construction Manager of the ex istence of said facilitie s immediately; and (2) take steps to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities.

Requests for extensions of time arising out of utility rearrangement delays shall be determined by Construction Manager. In accordance with Gove rnment Code Section 4215 the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay is EXHIBIT 2
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caused by the failure of the City or utility company to provide for the removal or relocation of facilities for which they are the responsible party as defined in Paragraph 00700-9.3, Damage and Protection.

Where it is determined by the Construction M anager that the rearrangement of an underground main, the existence of which is not shown on the Plans, Specifications, or in the General Requirements, is essential in order to ac commodate the contemplated improvement, the Construction Manager will provide for the rearrangement of such facility by other forces or by the Contractor in accordance with the provisions of Paragraph 00700-7.2, Change Orders.

When the General Requirements, Specifications, or Plans indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor.

Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor's responsib ility and it shall make arrangements and bear all costs.

10.0 APPLICABLE LAW/CODE REQUIREMENTS

Contractor shall perform the Work in accord ance with the following Applicable Law/Code Requirements and all code requirements listed in the Scope of Work:

a. All laws, statutes, the most recent building codes, ordinances, rules, regulations, and lawful orders of all public authorities having jurisdiction over City, Contractor, any subcontractor, the Project, the Project site, the Work, or the prosecution of the Work, including, but not limited to:
(1) any federal, state or local law, code, regulation or consent order or agreement having the force of law;

(2) any formally adopted and generally applicable rule, requirement, determination, standard, policy, implementation schedul e or order of any governmental or regulatory agency having appropriate jurisdiction;

(3) any established interpretation of la w or regulation utilized by an appropriate governmental or regulatory agency if such interpretation is documented by such governmental or regulatory agency and generally applicable; and,

(4) any governmental or regulatory agency approval, in each case applicable from time to time to the siting, permitting, design, acquisition, construction, equipping, financing, ownership, possession, star t-up, testing, operation, maintenance, repair, replacement or management of the Facilities

b. Applicable Sections in the State of California Labor Code.

c. All Applicable Code Requirements relating to nondiscrimination, payment of prevailing wages, payroll records, apprentices, and work day.

Contractor shall comply with and give notices required by all Applicable Code Requirements, including all environmental laws and all notice requirements under the Stat e of California Safe Drinking Water and Enforcement Act of 1986 (State of California Health and Safety Code Section 25249.5, and applicable sections that follow). Contractor shall promptly notify City’s Representative in writing if Contractor becomes aware during t he performance of the Work that the Contract Documents are at variance with Applicable Code Requirements.

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If Contractor performs Work which it knows or should know is contrary to Applicable Code Requirements, without prior notice to City and City’s Representative, Contractor shall be responsible for such Work and any resulting damag es including, without lim itation, the costs of correcting Defective Work.

The Applicable Code Requirements under this Section shall be those in existence at the time the Contract is approved by the City Council. An y significant change in the Applicable Code Requirements that occurs after approval of the Contract by the City Council, and that significantly changes the scope or cost of work in the respective stages, shall be addressed through the change order and modifications procedures established in the Contract Documents.

11.0 USE OF SITE AND CLEAN UP

Contractor shall confine operations at the Project site to areas permitted by law, ordinances, permits, and the Contract Documents. Contractor shall not unreasonably encumber the Project site with materials or equipment.

Contractor shall, during performance of the Work, keep the Project site and surrounding area free from the accumulation of excess dirt, waste materials, and rubbish caused by Contractor.

Contractor shall remove all excess dirt, waste material, and rubbish caused by the Contractor; tools; equipment; machinery; and surplus materials from the Project site and surrounding area at the completion of the Work.

Personnel of Contractor and subcontractors shall not occupy, live upon, or otherwise make use of the Project site during any time that Work is not being performed at the Project site, except as otherwise provided in the Contract Documents.

Contractor shall conduct and cause all working forces at the site to maintain the site in a neat orderly manner throughout the construction operations. The work shall be conducted in a manner that will control the dust. When ordered to provide dust control, t he Contractor shall use water or turn soil to reduce the dusty conditions, all to the satisfaction of the City’s Representative and in accordance with Section 10 of the City of Stockton Standard Specifications. During construction, Contractor shall remove all rubbish and debris as it is generated to the satisfaction of the Engineer.

12.0 CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD

The term “Guarantee to Repair Period” means a period of 1 year from Final Completion unless a longer period of time is specified.

Contractor shall (1) correct Defective Work that becomes apparent during the progress of the Work or during the Guarantee to Repair Period, and (2) replac e, repair, or restore to City’s satisfaction any other parts of the Work and any other real or personal property which is damaged or destroyed as a result of Defective Work or the correction of Defective Work. Contractor shall promptly commence such correction, replacement, repai r, or restoration upon notice from City’s Representative or City, but in no case later than 10 days after receipt of such notice; and Contractor shall diligently and continuously prosecute such correction to completion. Contractor shall bear all costs of such correction, replacement, repair, or restoration, and all losses resulting from such Defective Work, including additional testing, inspection, and compensation for City’s Representative’s services and expenses. Contractor shall perform corrective Work at such times that are acceptable to City and in such a manner as to avoid, to the extent practicable, disruption to City’s activities.

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If immediate correction of Defective Work is required for life safety or the protection of property and is performed by City or Separate Contractors, Cont ractor shall pay to City all reasonable costs of correcting such Defective Work. Contractor shall re place, repair, or restore to City’s satisfaction any other parts of the Construction Work and any other real or personal property which is damaged or destroyed as a result of such Defective Work or the correction of such Defective Work.

Contractor shall remove from the Project site portions of the Construction Work and materials which are not in accordance with the Contract Documents and which are neither corrected by Contractor nor accepted by City.

If Contractor fails to commence correction of Defective Work within 10 days after notice from City or City’s Representative or fails to diligently prosecute such co rrection to completion, City may correct the Defective Work; and, in addition, Ci ty may remove the Defective Work and store salvageable materials and equipment at Contractor’s expense.

If Contractor fails to pay the costs of such removal and storage as re quired by the Contract Documents within 10 days after written demand, City may, without prejudice to other remedies, sell such materials at auction or at private sale, or otherwise dispose of such material. Contractor shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which Contractor is liable to City, including compensa tion for City’s Representative’s services and expenses. If such proceeds of sale do not cover costs and damages for which Contractor is liable to City, the Contract Sum shall be reduced by such deficiency. If there are no remaining payments due Contractor or the remaining payments are insufficient to cover such deficiency, Contractor shall promptly pay the difference to City.

Contractor’s obligations under this Section are in addition to, and not in limitation of, its warranty under Section 01015 or any other obligation of C ontractor under the Co ntract Documents.

Enforcement of Contractor’s express warranties and guarantees to repair contained in the Contract Documents shall be in addition to and not in limitat ion of any other rights or remedies City may have under the Contract Documents or at law or in equity for Defective Work, including, but not limited to, under CCP Sections 337.1 and 337.15. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations of Contractor under the Contract Documents. Establishment of t he Guarantee To Repair Period relates only to the specific obligation of Contractor to correct the Work and in no way limits either Contractor’s liability for Defective Work or the time within which proceedings may be commenced to enforce Contractor’s obligations under the Contract Documents.

***END OF SECTION***

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SECTION 00800 - SUPPLEMENTARY CONDITIONS

1.0 LOCAL EMPLOYMENT (For contracts valued at $100,000 and above)

Contractor shall make a good-faith effort, with t he assistance of local labor union hiring halls or community organizations designated by the City to employ qualified individuals who are, and have been for one year prior to the effective date of the contract, residents of Stockton in sufficient numbers so that no less than 50% of the contractor's total constr uction work force, including any subcontractor work force, measured in labor work hours, is comprised of Stockton residents.

Contractor or subcontractor shall make a good faith effort to employ apprentices who are enrolled in and participating in a viable apprenticeship program serving the San Joaquin Valley and approved by the State Department of Apprenticeship Standards. This apprenticeship requirement shall apply for each apprenticable craft or trad e in which the contract or employs workers in performing any of the work under the contract.

If, in response to a written request made at least 48 hours (excluding Saturdays, Sundays and holidays) before the date on which one or mo re apprentices are requi red, an apprenticeship program(s) does not dispatch any apprentice or dispatches fewer apprentices than requested to a contractor (that has agreed to employ and train apprentices in accordance with California Labor Code Section 1777.5) within 72 hours of such request (excluding Saturdays, Sundays and holidays), that contractor shall be considered in compliance with the apprentice employment requirement for that trade or craft for a 90-day period from the request date, provided the contractor employs those apprentices who are dispat ched. Where there is more than one viable apprenticeship program for that trade or craft serving the San Joaquin Valley, a contractor, that is not a participant in or an affiliate of an apprent iceship program and receives fewer apprentices dispatched than requested, shall not be considered in compliance with the apprentice employment requirement unless the contractor has made a written request for the dispatch of apprentices from at least two viable apprenticeship programs. A contractor, t hat is a participant in or an affiliate of an apprenticeship program, shall make dispatch requests to the program in which it is affiliated or participating.

In the event that no viable apprenticeship program exists for a particular craft or trade, the contractor shall be exempt from the requirements of this Section with regard to that craft or trade.

A contractor employing apprentices pursuant to this Section shall employ apprentices in a ratio of not less than one apprentice for each five journeymen in the apprenticeship craft or trade classification that are employed on the public work contract unless to do so would result in apprentice employment in ratios below the minimu m ratios prescribed by California Labor Code Section 1777.5 in which case apprentice employment shall be at least in the ratios prescribed by California Labor Code Section 1777.5.

This Section shall not be construed so as to ex empt a contractor from any otherwise applicable requirement imposed upon the contractor by the California Labor Code.

1.1 GOOD FAITH EFFORT

A bidder or contractor who fails to meet the goal of having 50 percent of its work force be residents of Stockton shall, nevertheless, be deemed to have made a "good faith effort" to hire sufficient numbers of residents of Stockton if, prior to execution of the contract with the City, six (6) or more of the following employee recruitment activities have been undertaken and documented:

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(A) Placing a valid job order for existing and projected position vacancies with the local office of the State Employment Development D epartment, for no less than 10 consecutive calendar days.

(B) Placing a valid job order for existing and projected position vacancies with Worknet of San Joaquin County, for no less than 10 consecutive calendar days.

(C) Advertising existing and projected position vacancies, job informational meetings, job application workshops, job application centers and job interviews by posting notices which identify the positions to be filled, the qualifications required, and where to obtain additional information about the application process, in conspicuous local authorized public places, including but not limited to the City Hall, schools, post offices, libraries, and senior citizens' centers.

(D) Conducting a job informational meeting to inform the community of employment opportunities of the contractor, to be held at a City or other public facility (may be combined with other contractors).

(E) Providing ongoing assistance to Stockton residents in completing job application forms.

(F) Conducting a job application workshop to assi st the community in applying and interviewing for jobs in the contracting industry, to be held at a City or other public facility (may be combined with other contractors).

(G) Establishing a job application center located in the City of Stockton, where job applications may be obtained, delivered to and collected.

(H) Conducting job interviews within 10 miles of the location designated for contract performance.

(I) Advertising valid existing and projected position vacancies through the local media, such as community television network, local new spapers of general circulation, and trade papers or minority focus newspapers.

(J) Telephone solicitation of known potent ial local subcontractors or employees. (K) Any other means of obtaining employees who are residents of Stockton that are reasonably calculated to comply with the goals of this ordinance.

1.2 REQUIRED DOCUMENTATION

The contractor shall keep, and provide to the City , on standardized forms acceptable to the City, an accurate record showing the name, place of residence, hours employed and per diem wages and benefits of each person employed by the contractor, and the contractor's subcontractors, on the specific public works project, including fu ll-time, part-time, permanent and temporary employees.

The contractor shall keep, and provide to the City , on forms acceptable to the City, an accurate record, documenting the contractor's good faith efforts to comply with the local resident employment and apprentice employment provisions of this Section. Said records shall include: a listing by name EXHIBIT 2
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and address of all local recruitment sources contac ted by the contractor; the date of the local recruitment contact and the identity of the person contacted; the trade and classification and number of employment referrals requested; the number of local residents employed as a result of the contact; and the identity and address of the person(s) employed pursuant to the contact.

1.3 FORMS SUBMITTED UNDER PENALTY OF PERJURY

All forms required under this Section shall attest to the veracity of the information set forth therein and shall be submitted under penalty of perjury.

1.4 IRRESPONSIBLE BIDDER DECLARATION

Should any contractor or subcontractor fail to abide by the good-faith local resident employment and apprentice employment provisions of this Se ction, the contractor or subcontractor may be declared by the City to be an irresponsible bidder on future projects pursuant to Section 3.72.010 of this Code.

1.5 BINDING ON SUBCONTRACTORS

The good-faith local resident employment and apprentice employment provisions of this Section shall bind the contractor both with respect to persons employed directly by the contractor and to all persons employed by the contractor's subcontractors. The contractor shall be responsible for assuring that all subcontractors document said compliance by submitting, and making available to the City, the forms required by this Section.

1.6 DEFINITIONS

As used in this Section, the following terms shall have the following definitions:

(A) "Qualified individual" means an individual who is in a certified state or federally approved apprenticeship program in an applicable trade or has become a journeyperson in his or her applicable trade.

(B) "Contract for public works or improvemen t" means any contract with the City for construction, alteration, demolition or repair work.

(C) "Resident of Stockton" means an indivi dual who has been domiciled, as defined by Section 200(b) of the California Elections C ode, within the boundaries of Stockton for at least one year immediately preceding the date of the award of contract by the City and who can verify his or her domicile upon reque st of the contractor or City by producing documentation such as a rent/lease agreement, telephone and utility bills or payment receipts, a valid California driver's license or identification card, and/or any other similar, reliable evidence that verifies that the indi vidual is domiciled within Stockton. For the purposes of this Section, the following Zip Code areas are considered to be within Stockton:
95202, 95203, 95204, 95205, 95206, 95207, 95209, 95210, 95212, 95215 and 95219.

(D) "Viable apprenticeship program" means an apprenticeship program approved by the California Department of Apprenticeship Standards that has graduated apprentices annually for at least the past five years. Any apprenticeship program that has been approved for less than ten years shall be deemed a viable apprenticeship program provided that, following the fifth anniversary of its approval by the California Department of Apprenticeship Standards, it graduates apprentices each subsequent year.

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1.7 CONTRACTS - SUBCONTRACTS

Contracts and bid documents shall incorporate this Section by reference and shall provide that the failure of any contractor or subcontractor to comply with any of the requirements of this Section shall be deemed a material breach of the contract or subcontract.

All subcontracts shall expressly acknowledge the City's status as a third-party beneficiary to that subcontract and further expressly acknowledge that the City, as a third party beneficiary, shall have the right to enforce the provisions of this Section with regard to that subcontract or seek remedies available under this Section should a party to the subcontract fail to comply with any of the provisions of this Section that apply to the subcontract. However, nothing set forth herein shall create a contractual relationship, or privity, between the City and any subcontractor.

Bidders or contractors and subcontractors shall maintain records necessary for monitoring their compliance with this Section.

1.8 EXCEPTIONS

The provisions of this Section shall not apply:

(A) Where the City determines that the cont ract is necessary to respond to a declared emergency which endangers the publish health, welfare, or safety and there is no time to apply the provisions of this Section.

To City construction contracts or portions thereof, wherein the work is of a highly specialized nature as determined by the City Council when th e contract specifications are approved (Ord. 011-09 § 1, eff. 10- 01-09)

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LOCAL EMPLOYMENT ORDINANCE

COMPLIANCE DOCUMENTATION

Final Report

For

SMITH CANAL SANITARY PUMP STATION ODOR CONTROL UNIT

REPLACEMENT
PROJECT NO. UW23021

CITY OF STOCKTON

MUNICIPAL UTILITIES DEPARTMENT

Notice to Proceed:

Date

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General Information

The Prime Contractor and every subcontractor shall complete this page and the accompanying forms no later than 30 days after Substantial Completion of the Project.

Project Name:

Project Number:

Contract Date:

Contractor:

Address:

City: STATE: ZIP:

Phone:

Contractor’s License Number:

Type of Contractor’s License (s):

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SUMMARY SHEET FOR LOCAL RESIDENT PARTICIPATION

List the actual number of hours performed in Table 1

TABLE 1

ITEM DESCRIPTION HOURS TO DATE
A Total number of hours performed at the jobsite
B Qualifying number of labor hours performed at the jobsite

Qualifying hours are defined as hours performed by Local Residents.

Percent local participation: B/A x 100 =

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SUMMARY SHEET FOR APPRENTICESHIP REQUIREMENT

TABLE 2

Trade/
Classification
Number of
Journeymen
Number of
Apprentices

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BREAKDOWN OF WORK HOURS PERFORMED AT THE JOBSITE

TABLE 3

Employee
Name *
Zip Code
of
Residence
Local Resident
Yes/No
Meets one
year
Residency
Requirement
Yes/No
Hours
Employed
Base
Hourly
Pay
Total
Hourly
Pay

If apprentice, please indicate with an asterisk (*)

Please provide supporting documentation for proof of residence and one year residency requirement.

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GOOD FAITH EFFORT DOCUMENTATION

CITY OF STOCKTON

MUNICIPAL UTILITIES DEPARTMENT

Please check all boxes that apply:

Placed a valid job order for existing and projected position vacancies with the local office of the State Employment Development Department, for no less than 10 consecutive calendar days.

Placed a valid job order for existing and projected position vacancies with Worknet of San Joaquin County, for no less than 10 consecutive calendar days.

Advertised existing and projected position vacancies, job informational meetings, job application workshops, job application centers and job interviews by posting notices which identify the positions to be filled, the qualifications required, and where to obtain additional information about the application process, in conspicuous local authorized public places, including but not limited to the City Hall, schools, post offices, libraries, and senior citizens’ centers.

Conducted a job informational meeting to inform the community of employment opportunities of the contractor, to be held at a City facility (may be combined with other contractors).

Provided ongoing assistance to Stockton residents in completing job application forms.

Conducted a job application workshop to assist the community in applying and interviewing for jobs in the contracting industry, to be held at a City facility (may be combined with other contractors).

Established a job application center located in the City of Stockton, where job applications may be obtained, delivered to and collected.

Conducted job interviews within 10 miles of the location designated for contract performance.

Advertised valid existing and projected position vacancies through the local media, such as community television network, local newspapers of general circulation, and trade papers or minority focus newspapers.

Telephone solicitation of known potential local subcontractors or employees.

Any other means of obtaining employees who are residents of Stockton that are reasonably calculated to comply with the goals of this ordinance.

Please provide supporting documentation for all boxes checked.

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I declare under the penalty of perjury that the foregoing information is true and correct.

By my signature below, I acknowledge that I have met the requirements of the Ci ty of Stockton’s Local Employment Ordinance.

I understand this information is subject to audit verification, and I acknowledge and am hereby advised that upon, and as a result of, a finding of non-compliance with the Local Employment Ordinance Provisions, the City may determine that I and/or my firm is not a responsible bidder on future projects.

Owner/Authorized Representative (Signature) Name of Firm

Name and Title (Print) Date

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2.0 COMMUNITY WORKFORCE AND TRAINING AGREEMENT (For contracts valued at $1,000,000 and above)

N/A
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General Information

The Prime Contractor and every subcontractor shall complete this page and the accompanying forms to be submitted monthly.

Project Name:

Project Number:

Contract Date:

Contractor:

Address:

City: STATE: ZIP:

Phone:

Contractor’s License Number:

Type of Contractor’s License (s):

EXHIBIT 2
297

Supplementary Conditions
00800-35

COMMUNITY WORKFORCE AND TRAINING AGREEMENT

COMPLIANCE DOCUMENTATION

Monthly Workforce Utilization Report
MM/DD/YYYY through MM/DD/YYYY

For

SMITH CANAL SANITARY PUMP STATION ODOR CONTROL UNIT

REPLACEMENT
PROJECT NO. UW23021

CITY OF STOCKTON
___________________ DEPARTMENT

EXHIBIT 2
298

Supplementary Conditions
00800-37

SUMMARY SHEET FOR LOCAL WORKFORCE UTILIZATION

TABLE 1

ITEM DESCRIPTION HOURS
A Total hours performed at the jobsite ( B Labor hours performed at the jobsite by Stockton Residents ( C Labor hours performed by Local Area (San Joaquin) Residents ( D Labor hours performed at the jobsite by Apprentices ( E Labor hours performed at the jobsite by Stockton Apprentices ( F Labor hours performed by Local Area (San Joaquin) Apprentices (

Local Hire Requirements:

B
Primary Goal = x 100%
A

= _________% must be equal to or greater than 50%

If the primary goal of 50% is not achieved, provide as an attachment, documentation showing any requests made to the Union dispatchers for Stockton residents and the Union’s response to the request.

C
Secondary Goal = x 100%
A

= _________% must be equal to or greater than 50%

State of California, Department of Industrial Relations, Division of Apprenticeship Standards Requirements:

D
x 100%
A

= _________% must be equal to 20%

Priority Apprenticeship and Workforce Development Requirements:

E
Primary Goal = x 100%
D

= _________% must be equal to or greater than 50%

If the primary goal of 50% is not achiev ed, provide as an attachment, documentation showing any requests made to the Union dispatchers for Stockton residents and the Union’s response to the request.

F
Secondary Goal = x 100%
D

= _________% must be equal to or greater than 50%
EXHIBIT 2
299

Supplementary Conditions
00800-38

BREAKDOWN OF WORK HOURS PERFORMED AT THE JOBSITE

TABLE 2

Employee
Name * Union
Zip Code
of
Residence
Employee Residency
Stockton Resident
S.J. County
(Local Area)
Resident
Neither
Check,
if Yes
Number of
Hours
Worked
Check,
if Yes

Number of
Hours
Worked

Check,
if Yes
Number of
Hours
Worked

TOTAL   

If apprentice, please indicate with an asterisk (*)

Stockton Resident means a resident of the City of Stockton as defined by Stockton Municipal Code Section 3.68.095 (I) (3).

Local Area Resident means any Stockton Resident or any individual domiciled within the boundaries of San Joaquin County.

You may be required to provide supporting documentation for proof of residency.

Priority zip codes are: 95202, 95203, 95204, 95205, and 95206.

EXHIBIT 2
300

Supplementary Conditions
00800-39

BREAKDOWN OF WORK HOURS PERFORMED AT THE JOBSITE

BY APPRENTICES

TABLE 3

Trade/Classification
Number of
Journeymen
Hours
Number of
Apprentices
Hours
Apprentice Residency
Stockton
Resident
S.J. County
(Local Area)
Resident
Neither
Check,
if Yes
Number
of Hours
Worked
Check,
if Yes

Number of
Hours
Worked

Check,
if Yes
Number of
Hours
Worked

TOTAL   

Stockton Resident means a resident of the City of Stockton as defined by Stockton Municipal Code Section 3.68.095(I)(3).

Local Area Resident means any Stockton Resident or any individual domiciled within the boundaries of San Joaquin County.

EXHIBIT 2
301

Supplementary Conditions
00800-40
I declare under the penalty of perjury that the foregoing information is true and correct.

By my signature below, I acknowledge that I have met the requirements of the City of Stockton’s Community Workforce and Training Agreement.

I understand this information is subject to audit verification, and I acknowledge and am hereby advised that upon, and as a result of, a finding of non-compliance with the Community Workforce and Training Agreement, the City may determine that I and/or my firm is not a responsible bidder on future projects.

Owner/Authorized Representative (Signature) Name of Firm

Name and Title (Print) Date

EXHIBIT 2
302

Supplementary Conditions
00800-41

3.0 Labor, Working Hours:

3.1. No Work shall be done between [6:00 p.m. and 7: 00 a.m.] without permission of the City.

However, emergency work may be done without prior permission.

3.2 Night Work may be undertaken as a regular pr ocedure with the permission of the City; such permission, however, may be revoked at any time by the City if Contractor fails to maintain adequate equipment and supervision for the proper prosecution and control of the Work at night.

4.0 Services, Materials, and Equipment:

A. Interfaces to Equipment, Instruments, and Other Components:

1. The drawings, specifications, and overall design are based on preliminary information furnished by various equipment manufacturers which identify a minimum scope of supply from the manufacturers. This information pertains to, but is not limited to, instruments, control devices, electrical equipment, packaged mechanical systems, and control equipment provided with mechanical systems.

2. Provide all material and labor needed to install the actual equipment furnished, and include all costs to add any additional conduit, wiring, terminals, or other electrical hardware to the work, which may be necessary to make a complete, functional installation based on the actual equipment furnished. Make all changes necessary to meet the manufacturer’s wiring requirements.

3. Submit all such changes and additions to the Construction Manager for acceptance in accordance with the General Conditions.

4. Review the complete set of drawings and sp ecifications in order to ensure that all items related to the electrical power and control systems are completely accounted for. Include any such items that appear on drawings or in specifications from another discipline in the scope of Work.

B. Until Substantial Completion of the Work is ac knowledged by the City, Contractor shall have the responsible charge and care of the Work and of materials to be used herein, including materials for which Contractor has received partial payment or materials which have been furnished by the City, and shall bear the risk of injury, loss, or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the Work.

C. Contractor shall rebuild, repair, restore, and ma ke good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause before the Work's completion and acceptance and shall bear the expense thereof. Where necessary to protect the Work or materials from damage, Contractor shall, at Contractor's own expense, provide suitable drainage and erect such temporary structures or rent such structures as are necessary to protect the Work or materials from damage. The suspension of the Work or the granting of an extension of time from any cause whatever shall not relieve Contractor of Contractor's responsibility for the Work and materials as specified herein.

D. When the quality of a material, process, or arti cle is not specifically set forth in the Contract Documents, the best available quality of the material, process, or article shall be provided.

EXHIBIT 2
303

Supplementary Conditions
00800-42
E. Delivery and Inspection:

1. Deliver products in undamaged condition, in manufacturer’s original container or packaging with identifying labels intact and legible. Include date of manufacture on label.

***END OF SECTION***
EXHIBIT 2
304

Modifications to General Conditions
00810-1
SECTION 00810 - MODIFICATIONS TO GENERAL CONDITIONS

NONE

***END OF SECTION***

EXHIBIT 2
305

Modifications to General Conditions
00810-2

EXHIBIT 2
306

Liability and Insurance Requirements
00820-1
SECTION 00820 - LIABILITY AND INSURANCE REQUIREMENTS

1.0 INDEMNIFICATION

Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, exc ept where caused by the active negligence, sole negligence, or willful misconduct of the City of St ockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

2.0 INSURANCE REQUIREMENTS

Exhibit B:

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 injuri es to persons or damages to property which may arise from or in connection with the performance of the work hereunder by t he Contractor, their agents, representatives, employees, or subcontractors. In the event cont ractor 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.

City Council and Concurrent AuthoritiesApril 4, 2023

City Council and Concurrent Authorities
April 4, 2023