ATTACHMENT A
906
(Updated 07/12/22)
4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, CONTRACTOR shall indemnify, protect, defend with counsel approved by CITY and at CONTRACTOR’S sole cost and expense, and hold harmless CITY, its Mayor, Council, officials, representatives, agents, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, State, or municipal law or ordinance, or City Policy, by CONTRACTOR or CONTRACTOR’S officers, agents, employees, volunteers or subcontractors. CONTRACTOR shall not be obligated to indemnify or defend CITY for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the CITY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of CONTRACTOR to CITY, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by CONTRACTOR under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.
With exception that this section shall in no event be construed to require indemnification, including the duty to defend, by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, the parties agree that CONTRACTOR’S duty to defend CITY is immediate and arises upon the filing of any claim against the CITY for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agr eement by CONTRACTOR or CONTRACTOR’S officers, agents, employees, volunteers or subcontractors.
CONTRACTOR’S duties and obligations to defend the CITY shall apply regardless of whether or not the issue of the CITYS liability, breach of this Agreement, or other obligation or fault has been determined. CONTRACTOR shall be immediately obligated to pay for CITY’S defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, oth er witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal. At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the CITY, CITY will then reimburse CONTRACTOR for amounts paid in excess of CONTRACTOR’S proportionate share of responsibility for the damages within 30 days after CONTRACTOR provides CITY with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures CONTRACTOR is not obligated to defend or indemnify CITY in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.
TRUCK HAULING SERVICES FOR ASPHALT CONCRETE AND ASPHALT CONCRETE GRINDING THROUGH DECEMBER 2024, PROJECT NO. WD23003 02/28/2023
ATTACHMENT A
907
TRUCK HAULING SERVICES FOR ASPHALT CONCRETE AND ASPHALT CONCRETE GRINDING THROUGH DECEMBER 2024, PROJECT NO. WD23003 02/28/2023
(Updated 07/12/22)
Wi
th the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, CONTRACTOR shall indemnify, defend, and hold harmless CITY, its Mayor, Council, officials, representatives, agents employees and volunteers from and against all claims, losses, expenses, and costs including, but not limited to attorneys’ fees, arising out of any claim brought against the CITY by an employee, office, agent, or volunteer of CONTRACTOR, regardless of whether such claim may be covered by any applicable workers compensation insurance. CONTRACTOR’S indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR under workers’ compensation acts, disability acts, or other employee benefit acts.
CO
NTRACTOR’S obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Contract for CONTRACTOR to procure and maintain a policy of insurance.
CO
NTRACTOR/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.
If
any section, su bsection, sentence, clause or phrase of this indemnification is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this indemnification.
5. SCHEDUL
E AND T ERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A , which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on December 31, 2024, unless extended by mutual agreement through the issuance of a Contract Change O rder. This contract provides for two (2), one (1) year extensions at the same rates and terms as outlined in Exhibit A and Exhibit B.
6. CONF
ORMANCE TO APPLICABLE LAWS. CONTRA CTOR shall comply
with all applicable Federal, State, and Municipal laws, rules, and ordinances. a. TITL
E VI
Ti
tle 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
ATTACHMENT A
908
TRUCK HAULING SERVICES FOR ASPHALT CONCRETE AND ASPHALT CONCRETE GRINDING THROUGH DECEMBER 2024, PROJECT NO. WD23003 02/28/2023
(Updated 07/12/22)
assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The C
ity of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DIS
CRIMINATION AND HARASSMENT POLICY
The C
ity of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace. c. LABO
R STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bi
dder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAI
LING WAGE
CONT
RACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing raand employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done.
CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craf t reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The
CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd
ATTACHMENT A
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TRUCK HAULING SERVICES FOR ASPHALT CONCRETE AND ASPHALT CONCRETE GRINDING THROUGH DECEMBER 2024, PROJECT NO. WD23003 02/28/2023
(Updated 07/12/22)
f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Shoul
d the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be ma de under the terms of this contract.
iii. The C
ONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. T
he 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
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 percent of the workforce on this project from local residents, as measured
ATTACHMENT A
910
(Updated 07/12/22)
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. SA
NCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
7. 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 Project Manager to be necessary or advisable and to require such extra work as may be determined by the Project Manager to be required for the proper completion of the whole work contemplated.
Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.
8. RIGHTS AND DUTIES OF CITY. C ITY shall make available to CONTRACTOR all data and information in the possession of C ITY which both parties deem necessary to complete the work, and C ITY shall actively aid and assist CONTRACTOR in obtaining such information as may be deemed necessary from other agencies and individuals.
9. OBLIGATIONS OF CONTRACTOR. Throughout the term of this Contract, CONTRACTOR represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the CONTRACTOR to practice its professions, and CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals CONTRACTOR shall meet with the Public Works Director or other personnel of C ITY or third parties as necessary on all matters connected with the carrying out of CONTRACTOR’S services. Such meetings shall be held at the request of either party hereto. CONTRACTOR further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
TRUCK HAULING SERVICES FOR ASPHALT CONCRETE AND ASPHALT CONCRETE GRINDING THROUGH DECEMBER 2024, PROJECT NO. WD23003 02/28/2023
ATTACHMENT A
911
(Updated 07/12/22)
10. TERMINATION. This Agreement is effective on the Effective Date. The City may terminate this Contract and work pursuant to any of all scope of works at any time by mailing a notice in writing to Contractor. The Contract shall then be deemed terminated and no further work shall be performed by Contractor. If the Contract is so terminated, the Contractor shall be paid for that percentage of work actually completed at the time the notice of termination is received.
11. CONT
RACTOR STAT US. In performing the obligations set forth in this Contract, CONTRACTOR shall have the status of an independent contractor and CONTRACTOR shall not be considered to be an employee of the C ity for any purpose.
All persons working for or under the direction of CONTRACTOR are its agents and employees, and are not agents of the C ITY. Subcontractors shall not be recognized as having any direct or contractual relationship with the CITY. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The CONTRACTOR is responsible to the CITY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If
in t
he performance of this Contract any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by CONTRACTOR.
i. It
is further understood and agreed that CONTRACTOR must issue W- 2 forms or other forms as required by law for income and em ployment tax purposes for all of CONTRACTOR’S personnel.
ii. As
an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against the CITY based upon any contention by any third party that employ er- employee relationship exists by reason of this Contract.
12. ASS
IGNMENT. CON TRACTOR shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the CITY, and then only upon such terms and conditions as CITY may set forth in writing.
CONTRACTOR shall be solely responsible for reimbursing subcontractors.
13. HEADINGS NOT CONTROLLING. Headings used in the Contract are for r
eference purposes only and shall not be considered in construing this Contract.
14. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as fol lows:
TRUCK HAULING SERVICES FOR ASPHALT CONCRETE AND ASPHALT CONCRETE GRINDING THROUGH DECEMBER 2024, PROJECT NO. WD23003 02/28/2023
ATTACHMENT A
912
(Updated 07/12/22)
To CO
NTRACTOR: To City: Public Works Director
California Materials, Inc. City of Stockton
3736 S. HWY 99 22 E. Weber Ave.,
Stockton, CA 95215 Rm. 301
Stockton, CA 95202
15. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the CITY’S exe
cution of this Contract and prior to the CONTRACTOR engaging in any operation or activity set forth in this Contract, CONTRACTOR shall obtain a City of Stockton business license, which must be kept in effect during the term of this C ontract. CONTRACTOR covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.
16. RECORDS AND AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
CONTRACTOR agrees that CITY or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested, and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract.
CONTRACTOR agrees to maintain such records for a period of three years from the date that final payment is made.
17. CONFIDENTIALITY. CONTRACTOR shall exercise reasonable precautions to prevent the unauthorized disclosure and use of CITY’S reports, information, or conclusions.
18. CONFLICTS OF INTEREST. CONTRACTOR covenants that other than this Contract, CONTRACTOR has no financial interest with any official, employee, or other representative of the CITY . CONTRACTOR and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of CONTRACTOR’S services under this Contract. If such an interest arises, CONTRACTOR will immediately notify CITY.
19. WAIVER. In the event either CITY or CONTRACTOR at any time waive any br
each of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
TRUCK HAULING SERVICES FOR ASPHALT CONCRETE AND ASPHALT CONCRETE GRINDING THROUGH DECEMBER 2024, PROJECT NO. WD23003 02/28/2023
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20. GOVERNING LAW. California law shall govern any legal action pursuant to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
21. DI
SPUTE RESOLUTION. Pr ior to undertaking any litigation , the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between senior managers of each Party having authority to resolve the dispute.
1. Venu
e
Any
controversy or claim between the P arties shall be determined with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the f ederal D istrict Court of California, Eastern District, Sacramento Division.
2. If
any litigation action or proceeding is commenced in connection with this Agreement, the prevailing Party , as determined by the court, shall be entitled to reasonable attorneys' fees (including allocated costs for in- house legal services), costs and necessary disbursements incurred in such action or proceeding.
22. NO PERSONAL LIABILITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY or for any
amount due CONTRACTOR.
23. INTEGRATION AND MODIFICATION. The response by CONTRACTOR to the Request for Proposals or Qualifications and the Request for Proposals or Qualifications on file with the CITY are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals or Qualifications. This Contract represents the entire integrated agreement between CONTRACTOR and CITY, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by CONTRACTOR and CITY. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.
24. S
EVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any ri
ghts or b enefits to anyone other than CITY and CONTRACTOR.
TRUCK HAULING SERVICES FOR ASPHALT CONCRETE AND ASPHALT CONCRETE GRINDING THROUGH DECEMBER 2024, PROJECT NO. WD23003 02/28/2023
ATTACHMENT A
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ATTACHMENT A
915
Truck Hauling Services for Asphalt Concrete & Asphalt Concrete Grinding (Through December 2024) Project No. WD23003F
SPECIAL PROVISIONS FOR
TRUCK HAULING SERVICES FOR ASPHALT
CONCRETE & ASPHALT CONCRETE GRINDING
(THROUGH DECEMBER 2024)
PROJECT NO. WD23003F
SPECIAL NOTES
1. Official bid documents including plans and specifications are available online at:
http://www.stocktongov.com/services/business/bidflash/pw.html?dept=Public_Works All bids submitted for this project must conform to the requirements of the official bid documents, including specifications and plans.
SECTION 1 SPECIFICATIONS AND PLANS
1-1.01 Specifications
The work described herein shall be done in accordance with the current City of Stockton, Department of Public Works, Standard Specifications and the current Editions of the State of California, Department of Transportation Standard Specifications and Standard Plans and in accordance with the following Special Provisions. To the extent the California Department of Transportation Standard Specifications implement the STATE CONTRACT ACT they shall not be applicable since the City of Stockton is not subject to said ACT.
In case of conflict or discrepancy between any of the Contract Documents, the order of documents listed below shall be the order of precedence, with the first item listed having the highest precedence:
1. Contract Change Order (Modifications or changes last in time are first in precedence)
2. Contract
3. Project Special Provisions
4. Project Plans
5. City Standard Specification
6. City Standard Drawings
7. Revised Caltrans Standard Specifications
8. Caltrans Standard Specifications
9. Revised Caltrans Standard Plans
10. Caltrans Standard Plans
11. Supplemental Project Information
With regards to discrepancies or conflicts between written dimensions given on drawings and the scaled measurements, the written dimensions shall govern.
With regards to discrepancies or conflicts between large-scale drawings and small-scale drawings, the larger scale shall govern.
With regards to discrepancies or conflicts between detailed drawings and referenced standard drawings or plans, the detailed drawings shall govern.
In the event where provisions of codes, safety orders, contract documents, referenced manufacturer’s specifications or industry standards are in conflict, the more restrictive and higher quality shall govern. Should it appear that the work to be done or any of the matters relative thereto are not sufficiently detailed or explained in these specifications, the Special Provisions, or the plans, the Contractor shall apply to the Engineer in writing for such further explanations as may be necessary and shall conform to them as part of the contract. All responses from the Engineer shall also be in writing. In the event of any doubt or question arising respecting the true meaning of these specifications, the Special Provisions or the plans, reference shall be made to the Engineer, whose decision thereon shall be final.
EXHIBIT A
ATTACHMENT A
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Truck Hauling Services for Asphalt Concrete & Asphalt Concrete Grinding (Through December 2024) Project No. WD23003F
1-1.02 Contractor’s Responsibility
The Contractor shall examine carefully the site of the work and the plans and specifications therefore. The Contractor shall investigate to their satisfaction as to conditions to be encountered, the character, quality and quantity of surface, subsurface materials or obstacles to be encountered, the work to be performed, materials to be furnished, and as to the requirements of the bid, plans and specifications of the contract. 1-1.03 Terms and Definitions
Wherever in the Standard Specifications, Special Provisions, Notice to Contractors, Proposal, Contract, or other contract documents the following terms are used, the intent and meaning shall be interpreted as follows:
City or Owner - City of Stockton
CA-MUTCD - Latest edition of the California Manual on Uniform Traffic Control Devices and any amendments and revisions
thereto
Director - Director of Public Works, City of Stockton
Standard Specifications - City of Stockton Latest Standard Plans and Specifications And any amendments and revisions thereto.
Caltrans Specifications - Current and Latest State of California, Department of Transportation, and any amendments or revisions thereto.
Department - Department of Public Works, City of Stockton Engineer - City Engineer, City of Stockton, acting either directly or through properly authorized Engineer, agents and
consultants.
See following page
EXHIBIT A
ATTACHMENT A
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Truck Hauling Services for Asphalt Concrete & Asphalt Concrete Grinding (Through December 2024) Project No. WD23003F
SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS
2-1.01 General
The bidder’s attention is directed to the “Notice to Bidder” for the date, time and location of the Pre-Bid meeting, if applicable. Refer to the City of Stockton’s Bid Flash webpage:
http://www.stocktongov.com/services/business/bidflash/default.html SECTION 3 AWARD AND EXECUTION OF CONTRACT
3-1.01 Addendum and Bid Inquiries
The addendum and bid inquiries will be posted on the City website. An email notification will be issued to all registered plan-holders. It is the contractor’s/sub-contractor’s sole responsibility to register as a plan holder. If a firm is not registered as a plan holder, they will not receive the notifications about addendum/bid inquiries/other information related to the project. To register as a plan holder, please send an email to Katrina Cooper at [email protected] referencing the project name. Bid inquiries will not be accepted within 5 calendar days of bid opening date.
3-1.02 Contract Award
Each prospective bidder shall be required to bid on all items. Failure to bid an item shall be just cause for considering the bid as non-responsive. The City reserves the right to reject all bids. The bidders must be responsible, and their bids must be responsive.
If the City awards the Contract, the basis of the award will be the responsible bidder with the lowest bid whose proposal complies with all requirements prescribed.
The contract shall be executed by the successful bidder and shall be returned, along with the contract bonds, so that it is received by the City within ten (10) working days after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the following address:
Attention: Amanpreet Grewal
City of Stockton
Public Works Department
1465 S. Lincoln Street
Stockton, CA 95206
3-1.03 Bid Protest
All parties wishing to file a protest shall comply with the procedures set forth below:
All protests regarding the bidding process or 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 Street, 2nd Floor
Stockton, CA 95202
The party filing the protest must have submitted a bid for the work. A subcontractor of a bidder may not submit a bid protest.
EXHIBIT A
ATTACHMENT A
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Truck Hauling Services for Asphalt Concrete & Asphalt Concrete Grinding (Through December 2024) Project No. WD23003F
The protest shall contain a complete statement specifying in detail the grounds of the protest and the facts in support thereof. The protest must be hand delivered or send via mail so that the City Attorney receives it within the time period set forth above. The protest documents must include the following:
• A complete statement of the factual and legal basis for the protest; • The protest must include the name, address and telephone number of the person representing the protesting party; and
• 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 on 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 a protest. No bidder may bring an action or proceeding challenging the bidding process or any award, or intent to award, any contract unless the above procedures are followed. The failure of a party originating a protest to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filling 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.
3-1.04 Contract Execution
The bidder's attention is directed to the provisions in Section 3, "Contract Award and Execution," of the Caltrans Specifications and these Special Provisions for the requirements and conditions concerning award and execution of the contract. Bid protests are to be delivered to the address noted above.
See following page
EXHIBIT A
ATTACHMENT A
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Truck Hauling Services for Asphalt Concrete & Asphalt Concrete Grinding (Through December 2024) Project No. WD23003F
SECTION 4 SCOPE OF WORK
4-1.01 Extra Work
The Contractor’s attention is directed to Section 4-1.05A, “Changes and Extra Work – General”, of the Standard Specifications. When compensation for an item of work is subject to adjustment under the provisions of this Section 4-1.05A, the Contractor shall, upon request, promptly furnish the Engineer with adequate detailed cost data for said items of work.
SECTION 4 CONTROL OF WORK
5-1.01 Permits
The Contractor’s attention is directed to Sections 5-1.20B, “Permits, Licenses, Agreements, and Certifications,” of the Caltrans Specifications. The following is not an all-inclusive list of the required permits and/or licenses, if applicable: City of Stockton Business License: Contractor shall possess prior to the execution of the contract and maintain throughout the duration of the contract, a valid City of Stockton business license. Full compensation for conforming to the provisions in this section shall be considered as included in the prices paid for the various contract items of work involved, and no additional compensation will be allowed therefore.
5-1.02 Records
The Contractor’s attention is directed to Sections 5-1.27, “Records,” of the Caltrans Specifications. The cost accounting records for the contract shall be maintained separately from other contracts, during the life of the contract, and for a period of not less than 3-years after the date of acceptance of the contract. If the Contractor intends to file claims against the City of Stockton, the Contractor shall keep the cost accounting records specified above until complete resolution of all claims has been reached. Full compensation for conforming to the provisions in this section shall be considered as included in the prices paid for the various contract items of work involved, and no additional compensation will be allowed, therefore. 5-1.03 Property Preservation/Existing Facilities
The Contractor’s attention is directed to Sections 5-1.36, “Property and Facility Preservation,” and Section 15, “Existing Facilities,” of the Caltrans Specifications. The Contractor's attention is directed to the existence of certain underground facilities that may require special precautions be taken by the Contractor to protect the health, safety, and welfare of workers and of the public. Facilities requiring special precautions include, but are not limited to, conductors of petroleum products, oxygen, chlorine, and toxic or flammable gases, natural gas in pipelines six (6) inches or greater in diameter, or pipelines operating at pressures greater than 415 KPa (60 psi) (gage); underground electric supply system conductors or cables with potential to ground of more than 300 V, either directly buried or in duct or conduit, which do not have concentric grounded or other effectively grounded metal shields on sheaths. Immediately upon encountering unknown existing facilities, the Contractor shall notify the Engineer in writing of the situation and request coverage of the work as extra work. Failure to do so may result in forfeiture of any rights to receive extra work compensation under Section 8-1.07, “Delays,” of the Standard Specifications. Should the Contractor stop work, no compensation will be made for any "down time" prior to written notifications being received by the Engineer or his representative. Delays due to encountering unexpected facilities shall be determined and compensated in accordance with the provisions of Section 8-1.07, “Delays,” of the Standard Specifications, and as herein modified. Payment for complying with this Special Provision shall be included in the various items of work, and no additional compensation will be allowed therefore.
EXHIBIT A
ATTACHMENT A
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Truck Hauling Services for Asphalt Concrete & Asphalt Concrete Grinding (Through December 2024) Project No. WD23003F
5-1.04 Request for Information
The Contractor's attention is directed to Sections 5-1.42, "Requests for Information" of the Caltrans Specifications.
Contractor shall submit a request for information upon recognition of any event or question of fact arising under the contract. The Engineer shall respond to the request for information within 5 working days.
Payment for complying with this Special Provision shall be included in the various items of work, and no additional compensation will be allowed therefore.
5-1.05 Notice of Potential Claim
The Contractor shall not be entitled to the payment of any additional compensation for any cause, or for the happening of any event, thing, or occurrence, including any act or failure to act, by the Engineer, unless s/he has given the Engineer due written notice of potential claim as hereinafter specified, provided, however, that compliance with this section shall not be a prerequisite for matters within the scope of the protest provisions under “Changes” or “Time of Completion” or within the notice provisions in “Liquidated Damages” not to any claim which is based on differences in measurements or errors of computation as to Contract quantities.
The written notice of potential claim shall set forth the items and reasons which the Contractor believes to be eligible for additional compensation, the description of work, the nature of the additional costs and the total amount of the potential claim. If based on an act or failure to act by the Engineer, written notice for potential claim must be given to the Engineer prior to the Contractor commencing work; in all other cases, written notice for potential claims must be given to the Engineer within fifteen (15) days after the happening of the event, thing or occurrence giving rise to the potential claim.
It is the intention of this section that potential differences between the parties of this Contract be brought to the attention of the Engineer at the earliest possible time appropriate action may be taken and settlement may be reached. The Contractor hereby agrees that s/he shall have no right to additional compensation for any claim that may be based on any act or failure to act by the Engineer or any event, thing or occurrence for which no written notice of potential claim was filed. 5-1.06 Staging Area
The street right of way shall be used only for purposes that are necessary to perform the required work.
The Contractor shall not occupy the right of way, or allow others to occupy the right of way for purposes, which are not necessary to perform the required work.
The Contractor shall secure at his own expense any area required for storage of equipment or materials, or for other purposes. The Contractor's use of any private property in connection with this project shall be by a written agreement between the property owner and the Contractor. A certified copy of any such agreement shall be furnished to the Engineer prior to the use of such property by the Contractor. No additional compensation will be considered therefor.
The Contract shall pay to the City of Stockton the sum of One Thousand ($1,000) for every calendar day where occurrences of staging or driving on private property without providing written agreement from the owner took place. Contractor shall also compensate be required to compensate the private property owner Full compensation for conforming to the provisions in this section shall be considered as included in prices paid for the various contract items of work involved & no additional compensation will be allowed therefore.
SECTION 6 BLANK
EXHIBIT A
ATTACHMENT A
921
`
Truck H
auling Services for Asphalt Concrete & Asphalt Concrete Grinding (Through December 2024) Project No. WD23003F
SECTION 7 LEGAL RELATIONS AND RESPONSIBILTY TO THE PUBLIC 7-1.01 Maintaining Public Convenience and Safety
The Contractor's attention is directed to Section 7-1.04, "Public Safety" of the Standard Specifications and these Special Provisions. Nothing in the specifications voids the Contractor's public safety responsibilities.
The City will provide for the proper routing of vehicles, bicyclists, and pedestrians in a manner that will hold congestion and delay of such traffic to practicable minimum by furnishing, installing, and maintaining all necessary temporary signs, barricades, and other devices and facilities, as approved by the City Traffic Engineer.
The City of Stockton will furnish, install, move, and remove all necessary traffic control devices including, but not limited to, signing, striping, barricades, arrow boards, CMS, and flagging as deemed necessary by the City.
SECTION 8 PROSECUTION AND PROGRESS
8-1.01 Schedule
This contract is for truck hauling services on City roadways on an "as-needed" basis. This contract will provide for approximately 3,500-hours of truck hauling per calendar year; however, the actual number may vary. It is estimated there are approximately 25 jobsites that will require truck hauling services of the Contractor with an estimated total of 40-working days per calendar year. The City will notify the Contractor a minimum of 48- hours prior to starting work at a particular jobsite.
8-1.02 Time of Completion
Attention is directed to the provisions in Section 8, "Prosecution and Progress," of the Standard Specifications and these Special Provisions.
The contract for the performance of the work shall include scheduling operations so that truck hauling services commence as early as 6:00 AM and run as late as 10:00 PM. Additionally, the City may also designate work to night shifts, which will require truck hauling operations between 6:00 PM and 10:00 AM.
Full compensation for conforming to the provisions in this section shall be considered as included in the prices paid for the various contract items of work involved, and no additional compensation will be allowed therefore. 8-1.03 Liquidated Damages
Section 8-1.10, "Liquidated Damages," of both the Standard Specifications and Caltrans Specifications is not applicable to this contract.
The City shall deduct penalties in the amounts as described below for failure to comply with the contract provisions:
Failure to provide the minimum number of dump trucks, trailers and drivers, as requested, per Section 10 of the Special Provisions $125.00 per truck
per each hour of delay
Failure to provide and/or non-compliance with accepted Traffic Control Plans per Section 5-1.08 $125.00
per truck
per each hour of delay
Failure to provide adequate Project Site Maintenance 24/7, per Sections 5-1.08, and 5-1.17 $125.00
per truck
per each hour of delay,
starting one hour from
the notification
EXHIBIT A
ATTACHMENT A
922
`
Truck Hauling Services for Asphalt Concrete & Asphalt Concrete Grinding (Through December 2024) Project No. WD23003F
SECTION 9 PAYMENT
9-1.01 General
Attention is directed to Section 9 “Payment” of the Caltrans Specifications, and these Special Provisions. All measurements and payments for this work shall conform to all applicable provisions on Section 7 of these Special Provisions and Section 9 ”Payment” of the Caltrans Specifications.
Payment for those items of work required to complete the work as specified herein, but not shown as separate bid items on the bid schedule, shall be deemed as included in the other items of work, and no additional compensation will be allowed therefore.
All materials designated to be removed shall become the property of the Contractor, unless otherwise noted, and shall be disposed in accordance with local, State, and Federal laws and ordinances.
Full compensation for disposal of materials and performing the work in these Special Provisions shall be included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefore.
9-1.02 Payments
Attention is directed to Sections 9-1.16, "Progress Payments," and 9-1.17, "Payment After Contract Acceptance," of the Caltrans Specifications, and 9-1.17D, "Final Payment and Claims," of the Standard Specifications.
Full compensation for all labor, equipment, tools, materials, services, travel, mobilization and incidentals in conformity with the Contract Documents will be included in the prices paid for the various contract bid items and no additional compensation will be allowed therefore. No other compensation will be made except for the items listed in the Bid Proposal or otherwise described further below.
Schedule of Measurement and Payment:
1. Truck Hauling of Asphalt Concrete : By the hour. All costs connected with furnishing the labor, tools, equipment, incidentals, including fuel, and for doing all work as described in these special provisions.
Note the following:
A. The Contractor shall be entitled to a minimum of five (5) hours for each day his/her services are required, except for trucks also used in the operation of Asphalt Concrete Grinding as long as five (5) total hours was met during both operations. Stoppages resulting from:
inclement weather, grinder breakdowns, asphalt concrete plant breakdowns/emergency shutdowns, City equipment breakdowns or any emergency declared at the discretion of the City of Stockton.
Payment under these conditions will be rounded to the nearest 15 minutes for payment purposes.
B. Trucking time will be rounded to the nearest 15 minutes for payment purposes.
C. Travel time will be paid at the end of the day; from job site to origination location, not to exceed one-half (1/2) hour.
The following shall not be eligible for payment:
D. Time that trucker's equipment is being repaired, adjusted, or maintained.
E. Time that trucker's equipment does not meet the performance specifications.
F. Travel time at the start of the workday.
EXHIBIT A
ATTACHMENT A
923
`
Truck Hauling Services for Asphalt Concrete & Asphalt Concrete Grinding (Through December 2024) Project No. WD23003F
2. Truck Hauling of Asphalt Concrete Grindings: By the hour. All costs connected with furnishing the labor, tools, equipment, incidentals, including fuel, proper disposal of all grindings, and for doing all work as described in these special provisions.
Note the following:
A. The Contractor shall be entitled to a minimum of five (5) hours for each day his/her services are required, except for trucks also used in the operation of Asphalt Concrete (see Section 9-1.02.1A) or stoppages resulting from: inclement weather, grinder breakdowns, asphalt concrete plant breakdowns or emergency shutdowns, City equipment breakdowns or any emergency declared at the discretion of the City of Stockton. Payment under these conditions will be rounded to the nearest 15 minutes for payment purposes.
B. If the contractor cannot find a convenient location to dispose the grindings so that the City's operations are not hindered, the City at its own discretion can find a location to dispose of the grindings at the Contractor's cost of $25.00 per load, plus any additional charges associated with disposal of said grindings. If the City cannot locate or chooses not to locate a disposal site causing delays in the grinding operation, the trucking company shall pay the cost of the delay including, but not limited to, the cost of the milling contractor, cost for City forces, and cost of truck hauling.
C. Trucking time will be rounded to the nearest 15 minutes for payment purpose.
D. Travel time between jobs during working hours.
The following shall not be eligible for payment:
E. Time that trucking equipment is being repaired, adjusted, or maintained.
F. Time that trucking equipment does not meet the performance specifications.
G. Travel time at the start and end of the workday.
9-1.03 Increase or Decrease of Quantities
The 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 or to omit 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, without adjustment in the base unit price as bid. Section 9-
1.06B and Section 9-1.06C of the Caltrans Specifications shall not apply. 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 Public Works Director. City Manager and/or City Council approval may be necessary depending on the amount of the change order. 9-1.04 Mobilization
Mobilization shall conform to the provisions in Section 9-1.16D, "Mobilization," of the Caltrans Standard Specifications and these Special Provisions. Full compensation for any costs required to comply with the provisions in this section shall be considered to be included in the prices paid for various contract items of work and no additional compensation will be allowed therefore.
EXHIBIT A
ATTACHMENT A
924
`
Truck Hauling Services for Asphalt Concrete & Asphalt Concrete Grinding (Through December 2024) Project No. WD23003F
9-1.05 Quantities
The following estimate of the quantities of work to be done and materials to be furnished are approximate only. and are intended as a basis for the comparison of bids. The City does not expressly or by implications agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work without increase or decrease in the unit price bid or to omit portions of the work that may be deemed necessary or expedient by the Engineer.
BID ITEM LIST
Item
No.
Description Unit Quantity Unit
Cost
Total
Cost
Calendar Year 2023: Through December 31,2023
1. Truck Hauling of Asphalt Concrete :
Trucking time including fuel, to pick up,
haul, and deliver asphalt concrete to job
site.
Hours 2000
2. Truck Hauling of Asphalt Concrete
Grindings : Trucking time including fuel, to
site, hauling away and disposing of all
grindings. (Note: Grindings become
property of the contractor)
Hours 1500
Calendar Year 2024: Through December 31,2024
3. Truck Hauling of Asphalt Concrete :
Trucking time including fuel, to pick up,
haul, and deliver asphalt concrete to job
site.
Hours 2000
4. Truck Hauling of Asphalt Concrete
Grindings : Trucking time including fuel, to
site, hauling away and disposing of all
grindings. (Note: Grindings become
property of the contractor)
Hours 1500
TOTAL BID
Each bidder shall bid each item on the Base Bid Schedule. Failure to bid an item shall be just cause for considering the bid as non-responsive. The City reserves the right to include or delete any Schedule or portion thereof, or to reject all bids.
Official bid documents, including plans and specifications, are available on the City of Stockton website at: http://www.stocktongov.com/services/business/bidflash/default.html All bids submitted for this project must conform to the requirements of the official bid documents, including plans and specifications.
EXHIBIT A
ATTACHMENT A
925
`
Truck Hauling Services for Asphalt Concrete & Asphalt Concrete Grinding (Through December 2024) Project No. WD23003F
SECTION 10 TRUCKING
10-1.01 Truck Hauling of Asphalt Concrete:
The Contractor shall furnish a minimum of two (2) Mega Dump trucks that have a minimum capacity of 20 tons per truck.
At the City's discretion, a minimum of two (2) Bottom Dump trucks that have a minimum capacity of 20 tons per truck may be allowable. Furthermore, at the City's discretion four (4) Ten-wheel Dump trucks that have a minimum capacity of 10 tons per truck may be allowable.
A. Trucks with chipper hooks will not be allowed.
B. Trucks must be equipped with back-up alarms that comply with OSHA and State regulations.
C. Trucks and trailers must conform to California's rules, regulations and laws.
D. Trucks will be required to drive in grinder cuts and asphalt concrete windrows as needed during operations.
E. The City will designate the pickup location of asphalt concrete.
F. When the temperature is below 70°F, the hot mix asphalt load shall be completely covered with tarpaulin until the load is transferred to the paver hopper or deposited on the roadbed.
G. In the event of a truck and/or trailer breakdown, contractor will dispatch a replacement truck and/or trailer immediately upon notifications, not to exceed one (1) hour at the job site.
Trucks that breakdown will only be paid for number of hours of actual use, no minimum.
H. The City reserves the right to require a contractor supplied "Road Boss", free of charge, to oversee and coordinate the trucking operation and cannot be one of the truck drivers.
I. Contractor will be responsible for replacement of asphalt concrete if unable to discharge the load due to mechanical failure of a truck and/or trailer.
J. Truckers will be responsible for their own traffic violations including overloads and spills.
K. The City reserves the right to use City ten-wheel dump trucks as needed to supplement the trucks hauling asphalt concrete for the paving operation.
Full compensation for any costs required to comply with the provisions in t is section shall be considered to be included in the price paid for the contract item of work and no additional compensation will be allowed therefore.
EXHIBIT A
ATTACHMENT A
926
`
Truck Hauling Services for Asphalt Concrete & Asphalt Concrete Grinding (Through December 2024) Project No. WD23003F
10-1.02 Truck Hauling of Asphalt Concrete Grindings:
The Contractor shall furnish minimum of two (2) Mega Dump trucks that have a minimum capacity of 20 tons per truck.
At the City's discretion, a minimum of four (4) Dump trucks that have a minimum capacity of 10 tons per truck may be used. The City has the right of truck allocation under sublet contractor.
A. Trucks must be equipped with back-up alarms that comply with OSHA and State regulations.
B. Trucks must conform to all California's rules, regulations and laws.
C. Trucks will be required to drive in grinder cuts as needed during the grinding operation.
D. In the event of a truck and/or trailer breakdown, contractor will dispatch a replacement truck and/or trailer immediately upon notification, not to exceed one (1) hour at the job site. Trucks that breakdown will only be paid for number of hours of actual use, no minimum.
E. Truckers will be responsible for their own traffic violations including overloads and spills.
F. The City reserves the right to require a contractor supplied "Road Boss", free of charge, to oversee and coordinate the trucking operation and cannot be one of the truck drivers.
G. The City reserves the right to retain grinder trucks after the grinding operation is complete as needed to haul additional asphalt concrete for the paving operation. There is no minimum hour guarantee; trucks will be paid for actual use under both operations.
H. The City reserves the right to use City ten-wheel dump trucks as needed to keep the grinder in operation.
Full compensation for any costs required to comply with the provisions in this section shall be considered to be included in the price paid for the contract item of work and no additional compensation will be allowed therefore.
EXHIBIT A
ATTACHMENT A
927
1. 2.
TRUCK HAULING SERVICES FOR ASPHALT CONCRETE & ASPHALT CONCRETE GRINDING THROUGH DECEMBER 2024
PROJECT NO. WD23003F
BID DING SCHEDULE
Truck aulina of Asp alt
Concrete: Trucking time
including fuel, to pick up, haul,
and deliver asphalt concrete to
'ob site.
Truck Hauling of Asphalt
Concrete Grindings: Trucking
time including fuel, to site,
hauling away and disposing of all
grindings. (Note: Grindings
become property of the
contractor) ====
Hours 2000
Hours 1500
l3b,lib
l����,,��;�i
'.,L L ,L���' D�i;fj�ti�i�1,���� �:�:�, _,< :< , �=��=����= Truck aulina o alt
3. 4.
Concrete: Trucking time Hours 2000 l3b .61) '2-U>O,DbD 6'D including fuel, to pick up, haul,
and deliver asphalt concrete to
'ob site.
Truck auling_ of Asphalt
Concrete Grindings: Trucking Hours 1500 laD.61) \C\S, oCC.tit) time including fuel, to site, hauling away and disposing of all
grindings. (Note: Grindings
become property of tfle
contractor
TOTAL BID £:\10,oOO.,
Each bidder shall bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive.
Bid Forms
BIDDER'S NAME
TOTAL BID l\ q ID, ODD .£ID
Last Revised: 03/0712017
EXHIBIT B
ATTACHMENT A
928
Contractor Information
Legal Entity Name
CALIFORNIA MATERIALS, INC.
Legal Entity Type
Corporation
Status
Active
Registration Number
1000019569
Registration effective date
7/1/2020
Registration expiration date
6/30/2023
Mailing Address
P.O. BOX 32314 STOCKTON 95213 CA United St...
Physical Address
3736 S HWY 99 STOCKTON 95215 CA United St...
Email Address
Trade Name/DBA
License Number(s)
Other:0385520
tegal Entity Information
Corporation Number:
C3064052
Federal Employment Identification Number:
President Name:
EARL ROGERS
Vice President Name:
Treasurer Name:
Secretary Name:
CEO Name:
Agent of Service Name:
Bart Barringer
Agent of Service Mailing Address:
1324 J Street Modesto 95354 CA United States of America Workers Compensation
Do you lease employees No
through Professional
Employer Organization
(PEO)?:
Registration History
Effective Date Expiration Date
6/28/2018 6/30/201p
;
6/2/2017 6/30/201�
;
6/1/2016 6/30/201'7
6/19/2015 6/30/2016
4/17/2015 6/30/201�
7/1/2019 6/30/202b
7/1/2020 6/30/202p
EXHIBIT B
ATTACHMENT A
929
Please provide your
current workers
compensation insurance
information below:
PEO
PEO InformationName
Insured by Carrier
PEO
Phone
PEO
Email
Policy Holder Name:CALIFORNIA MATERIALS, INC.Insurance Carrier:
NATIONAL INTERSTATE INSURANCE COMPANYPolicy Number:VEW8000095-01 Inception date:3/31/2020Expiration Date:3/31/2021
,contractor Information Registration History l- .
Legal Entity Name
TRIPLE J INC.
Legal Entity Type
Corporation
Status
Active
Registration Number
1000048213
Registration effective date
7/1/2022
Registration expiration date
6/30/2023
Mailing Address
42 TRAVERTINE CT LATHROP 95330 CA United S ...
Physical Address
42 TRAVERTINE CT LATHROP 95330 CA United S ...
Email Address
Trade Name/OBA
License Number(s)
Effective Date Expiration!Date
7/22/2018
6/30/2017
4/12/2017
7/9/2019
7/1/2020
7/1/2021
7/1/2022
i 6/30/201!:}
.i.
6/30/2016
!
6/30/2017
6/30/2020
i
6/30/202l
6/301202h
EXHIBIT B
ATTACHMENT A
930
. .
Legal Entity Information
Corporation Number:
Federal Employment Identification Number:
President Name:
Jaspreet Singh
Vice President Name:
Treasurer Name:
Secretary Name:
CEO Name:
Agent of Service Name:
Jaspreet Singh
Agent of Service Mailing Ad dress:
42 Travertine Ct Lathrop 95330 CA United States of America Workers Compensation
Do you lease employees No
through Professional
Employer Organization
(PEO)?:
Please provide your
current workers
compensation insurance
information below:
PEO PEO PEO
PEO lnformationName Phone Email
Insured by Carrier
Policy Holder Name:TRIPLE J INC.Insurance Carrier:
Berkshire Hathaway Direct Insurance CompanyPolicy Number:N9WC485675 Inception date:5 / 25 / 2022Expiration Date:5 / 25 / 2023 ;i_
EXHIBIT B
ATTACHMENT A
931
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.
II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.
All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.
C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.
D. All City employees and non-employees share a responsibility to assist in
EXHIBIT C
ATTACHMENT A
932
EXHIBIT C
ATTACHMENT A
933
EXHIBIT C
ATTACHMENT A
934
EXHIBIT C
ATTACHMENT A
935
EXHIBIT C
ATTACHMENT A
936
EXHIBIT C
ATTACHMENT A
937
EXHIBIT C
ATTACHMENT A
938
EXHIBIT C
ATTACHMENT A
939
EXHIBIT C
ATTACHMENT A
940
EXHIBIT C
ATTACHMENT A
941
EXHIBIT C
ATTACHMENT A
942
EXHIBIT C
ATTACHMENT A
943
EXHIBIT C
ATTACHMENT A
944
EXHIBIT C
ATTACHMENT A
945
REV 2022-05-17
Exhibit D:
Insurance Requirements
(WD23003F Truck Hauling)
Contr
actor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCO
PE AND LIMIT OF INSURANCE
Cover
age shall be at least as broad as:
1. Commerci
al 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. Auto
mobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers
’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety
Bonds as described below.
If the
contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self-In
sured Retentions
Self
-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by
EXHIBIT D
ATTACHMENT A
946
REV 2022-05-17
either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies
EXHIBIT D
ATTACHMENT A
947
REV 2022-05-17
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this
EXHIBIT D
ATTACHMENT A
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REV 2022-05-17
waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Dur ation of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work .
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate
EXHIBIT D
ATTACHMENT A
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Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT D
ATTACHMENT A
950
CITY OF STOCKTON
PUBLIC WORKS DEPARTMENT
Municipal Service Center O 1465 S Lincoln Steet O Stockton, CA 95202 0 209 / 937-8341 0 Fax 209 / 937- 8883
February 21, 2023
Sent via email to: [email protected]
Gurbaz Sidhu
Valley Hauling LLC
1304 WWoodward Ave
Manteca, CA 95337
BID PROTEST FOR TRUCK HAULING SERVICES FOR ASPHALT CONCRETE AND ASPHALT CONCRETE GRINDING THROUGH DECEMBER 2024, PROJECT NO. WD23003F This is in response to your letter dated February 10, 2023, regarding the bid submitted by Valley Hauling LLC for the Truck Hauling Services for Asphalt Concrete and Asphalt Concrete Grinding through December 2024 ("Project").
The City of Stockton ("City") determined Valley Hauling LLC, the apparent low bidder, failed to submit the required bidder's security at the time of bid as required by City Standard Specifications Section 2-
1.34 and California Public Contract Code Section 20171.
City Standard Specifications Section 2-1.34 states, "all bids shall be presented under sealed cover and accompanied by one of the following forms of bidder's security: cash, a cashier's check, a certified check, or a bidder's bond executed by an admitted surety insurer, made payable to the City of Stockton. The security shall be in an amount equal to 10 percent of the amount of bid. A bid will not be considered unless one of the above described forms of bidder's security is enclosed with it." Further, California Public Contract Code Section 20171 states, "the security shall be in an amount equal to at least 10 percent of the amount bid. A bid shall not be considered unless one of the forms of bidder's security is enclosed with it."
The City determined that Valley Hauling LLC's failure to comply with the Special Provisions and state code requirements resulted in a non-responsive bid. Public Works staff will recommend that City Council reject Valley Hauling LLC's bid and award a construction contract to the second-lowest responsible bidder, California Materials, Inc.
JODI ALMASSY, DIRECTOR
PU MENT
AD REED, DEPUTY DIRECTOR
PUBLIC WORKS DEPARTMENT
emc: Jodi Almassy, Director, Public Works Department
Chad Reed, Deputy Director, Public Works Department
Rosa Alvarez, Transportation Manager - O&M
Taryn Jones, Deputy City Attorney
ATTACHMENT B
951
City of Stockton
Legislation Text
File #: 23-0292, Version: 1
THE FISCAL YEAR 2023-24 PROJECT LIST FOR THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 (SB1) AND SUBMITTAL OF REPORTS TO THE CALIFORNIA TRANSPORTATION
COMMISSION
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Fiscal Year 2023-24 project list for the Road Repair and Accountability Act of 2017 (SB1).
2. Approve submittal of reports to the California Transportation Commission related to the Road Repair and Accountability Act of 2017 (SB1).
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
Adoption of the proposed resolution allocates an estimated $7,995,909 in new funding to local street resurfacing; curb, gutter, sidewalk, and curb ramp repairs; LED streetlight conversion; streetlight pole replacement; and street re-striping. On April 28, 2017, the Governor signed Senate Bill 1 (SB1), known as the Road Repair and Accountability Act of 2017. SB1 funding provides for basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and road systems. The California Transportation Commission (CTC) is responsible for oversight of funding and/or programs created with the approval of SB1.
SB1 funds the Road Maintenance and Rehabilitation Account (RMRA) Program. The CTC adopted guidelines that require agencies to submit a list of eligible RMRA projects by July 1 of each fiscal year. The Fiscal Year (FY) 2023-24 RMRA funding allocation for the City is estimated at $7,995,909.
Staff recommends that funding be allocated to local street resurfacing; curb, gutter, sidewalk, and curb ramp repairs; streetlight pole replacement, street furniture painting, and street re-striping.
Specific locations within these project categories are selected by utilizing a variety of data resources and analysis methods. Street resurfacing locations are selected based on pavement condition data and cost/benefit analysis utilizing the City’s pavement management system (PMS). Curb, gutter, sidewalk, and curb ramp repair locations are prioritized in chronological order, based on the date of the original customer service request. Selected residential streetlights with high-pressure sodium streetlights will be replaced with LED streetlight fixtures. Streetlight poles that are found to be oxidized will be replaced. Re-stripe of worn traffic striping along arterial and collector streets will be done as funding allows.
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The recommended action approves the allocation of available funding for the projects listed in Exhibit 1 to the Resolution. The projects are included in the proposed FY 2023-28 Capital Improvement Plan (CIP). The projects are anticipated to be advertised for construction by late 2023, with most of the construction activity to be undertaken in 2024, weather permitting.
DISCUSSION
Background
On April 28, 2017, the Governor signed SB1, known as the Road Repair and Accountability Act of 2017. SB1 funding provides basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and road systems. The CTC is responsible for oversight of funding and/or programs created with the approval of SB1.
SB1 provides funding for the RMRA Program. Other programs include the Local Partnership Program, the Active Transportation Program, State Highway Operation and Protection Program, and Local Streets and Roads Program. The RMRA funding is part of the City’s overall Gas Tax allocation; however, RMRA funds can only be expended on projects that meet eligibility criteria and have been approved by the CTC. RMRA funds are accounted for and reported separately from regular Gas Tax funds.
At its June 2017 meeting, the CTC adopted programmatic guidelines which set forth the process and procedures for using the RMRA funding. The guidelines are intended to provide guidance and ensure accountability of funding invested in public projects.
An estimated $7.3 million in SB1 RMRA Program funding was allocated to the City for FY 2022-2023 as approved by Council on June 14, 2022, by Resolution No. 2022-06-14-1214. An update of the delivery of the FY 2022-23 projects is included as Attachment A.
Present Situation
In accordance with the program guidelines, each agency is required to submit a list of eligible RMRA projects to the CTC by July 1 of each year. The criteria for eligible projects include road maintenance and rehabilitation, safety initiatives, railroad grade separations, complete street components, and traffic control improvements. The funds cannot be used for general miscellaneous transportation maintenance operations.
Funding for the City is estimated to be $7,995,909 for FY 2023-24. Staff recommends that the project funding be allocated to the following local street resurfacing; curb, gutter, sidewalk, and curb ramp repairs; residential streetlight fixture replacement; streetlight pole replacement; and City street re- striping projects:
· Local Street Resurfacing - Install approximately 40 centerline miles of resurfacing treatments on local roadways Citywide ($4,550,000). The City’s PMS is used to determine which specific roadway segments should be included. The system analyzes variables such as current pavement condition and projected traffic load to forecast how roadway segments will decline over time. The forecasts are used to evaluate the cost and benefit of repair options and City of Stockton Printed on 4/25/2023Page 2 of 4
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identify the optimal pavement resurfacing plan. The current pavement condition is numerically represented by the pavement condition index (PCI), which is calculated for each roadway segment utilizing a nationally standardized method. A PCI rating of 100 means the street is in perfect condition. A zero means the road has no functioning surface. Resurfacing work consists of either slurry seal resurfacing, micro-surfacing, cape seal, or an asphalt overlay. A cost-effective method of maintaining streets is to provide treatment for streets that are in fair to good condition (PCI ratings near or above 70). The preservation of streets in this condition is critical, as rehabilitation costs rise exponentially as pavements deteriorate. Examples of project locations include:
· Carolyn Weston Boulevard from Manthey Road to Henry Long Boulevard · Hammertown Drive from Montauban Avenue to Tam O’Shanter Drive · Sampson Road from Hammer Lane to Telstar Place
· Hammer Lane Frontage Road from Kelley Drive to Meadow Avenue · Sutter Street from Alpine Avenue to Arcade Street
The City’s current overall PCI for the entire network is approximately 64 (on a 0 to 100 scale).
Continued allocation of a significant portion of RMRA funds to pavement resurfacing is expected to result in incremental progress toward the City’s long-term goal of an overall network PCI of 70.
· Curb, Gutter, Sidewalk, and Curb Ramp - Remove and replace City tree-damaged curb, gutter, and sidewalk and update curb ramps at approximately
120 (75 sidewalk and 45 curb ramps)
locations Citywide ($1,550,000). The City regularly receives requests for the repair of curb, gutter, and sidewalks and the installation of curb ramps. Each request is evaluated to determine if the repair is the City’s responsibility. If repairs are warranted, the location is added to a database for future permanent repairs. For sidewalk locations that need immediate correction, the temporary repair is made using asphalt concrete material to patch the displaced area to remove the tripping hazard. Permanent repairs are made as funding becomes available and are prioritized in chronological order, based on the date of the original service request.
· Streetlight Pole Replacement - Replace streetlight poles that are oxidized and replace streetlight foundations with damaged anchor bolts as needed ($1,095,909). · City Street Re-striping - Re-stripe worn traffic striping along arterial and collector streets ($300,000).
· Bridge Maintenance Program - The project will cover routine bridge maintenance that would not be funded with Federal-Aid Highway Program funding. Routine bridge maintenance is defined as regularly scheduled activities that maintain bridge components in their present or intended condition ($500,000).
The CTC established a standardized project submission form, and the list of projects to be submitted to the CTC in the required format is attached as Exhibit 1 to the Resolution. The FY 2023-28 CIP will include the budget for the estimated $7,995,909 in FY 2023-24 SB1 RMRA funding. These projects City of Stockton Printed on 4/25/2023Page 3 of 4
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are anticipated to be advertised for construction by late 2023, with most of the construction activity to be undertaken in 2024, weather permitting.
RMRA funding is estimated to be relatively the same in FY 2024-25 at approximately $7 million.
Expenditure of these funds will be programmed to specific projects in the FY 2024-29 CIP, with separate approval by Council prior to July 1, 2024.
FINANCIAL SUMMARY
The total RMRA funding is estimated to be $7,995,909 for FY 2023-24. The FY 2023-28 CIP will include the appropriation for the estimated $7,995,909 in FY 2023-24 SB1 RMRA funding as follows:
· Local Street Resurfacing, Project No. WD24003, Account No. 4570-000-800007-300-000-30- 45-000-000, in the amount of $4,550,000.
· Curb, Gutter, Sidewalk, and Curb Ramp Repairs, Project No. WD24004, Account No. 4570- 000-800007-300-000-30-45-000-000, in the amount of $1,550,000. · Streetlight Pole Replacement, Project No. WD24006, Account No. 4570-715-800007-240-241- 30-45-000-000, in the amount of $1,095,909.
· City Street Re-striping, Project No. WD24009, Account No. 4570-715-800007-240-241-30-45- 000-000, in the amount of $300,000.
· Bridge Maintenance Program, Project No. WT23010, Account No. 4510-000-800007-300-000- 30-45-000-000, in the amount of $500,000.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - RMRA Project List FY 2022-2023
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EXHIBIT 1
City: Stockton
County: San Joaquin
Legistlative District: Assembly 13; Senate 5
Average PCI: 64
Year of PCI Measurement: 2021
PROJECT NAME PROJECT
NUMBER DESCRIPTION LOCATION CONSTRUCTION START DATE ESTIMATED USEFULL LIFE
FUNDING
ALLOCATED
Local Street Resurfacing FY 22‐23 SB1 WD23003 Includes projects to provide approximately 45 centerline miles of various types of resurfacing treatments
Various
Streets Anticipated Spring 2023 5 ‐7 years 4,586,000 $
Curb, Gutter, Sidewalk, and Curb Ramp Repairs FY 22‐23 SB1 WD23004 Includes removal and replacement of City tree‐damaged curb, gutter, sidewalk, and construction of curb ramps
Various
Streets Anticipated Spring 2023 50 years 1,450,000 $
Streetlight Pole Replacement FY 22‐23 SB1 WD23006 Replace streetlight poles that are oxidized and replace streetlight foundations with damaged anchor bolts as needed
Various
Streets Anticipated Spring 2023 50 years 328,000 $
Street Furniture Painting WD23008 Repaint streetlight poles, railings, and other street furniture to prolong the useful life and aesthetics of the asset
Various
Streets Anticipated Spring 2023 7 ‐10 years 250,000 $
City Street Re‐striping FY 22‐23 SB1 WD23009 Re ‐stripe worn traffic striping along arterial and collector streets Various Streets Anticipated Spring 2023 5 ‐7 years $ 200,000 Bridge Maintenance Program WT23010
This project will maintain City bridges that are not included in the federal Highway Bridge Replacement and Rehabilitation (HBRR) program.
Various
Bridges Anticipated Spring 2023 7 ‐10 years $ 500,000 $ 7,314,000 TOTAL SB1 RMRA FUNDING ALLOCATED FOR FY 2022‐2023 ROAD MAINTENANCE AND REPAIR ACCOUNT (RMRA) PROJECT LIST FOR FISCAL YEAR 2022‐23
ATTACHMENT A
956
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE FISCAL YEAR 202 3-24 PROJECT LIST FOR TH E ROAD REPAIR AND ACCO UNTABILITY ACT OF 20 17 (SB1) AND SUBMITT AL OF
REPORTS TO THE CALIFORNIA TRANSPORTATION COMMISSION
On April 28, 2017, the Governor signed Senate Bill 1 (SB1), known as the Road Repair and Accountability Act of 2017. SB1 funding provides for basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and road systems; and
The California Transportation Commission (CTC) is responsible for oversight of funding and/or programs created with the approval of SB1; and
SB1 provides funding for the Road Maintenance and Rehabilitation Account (RMRA) Program. The RMRA funding is part of the City’s overall Gas Tax allocation; however, RMRA funds can only be expended on projects that meet eligibility criteria and have been approved by the CTC; and
The Fiscal Year (FY) 2023-24 RMRA funding allocation for the City is estimated to be $7,995,909; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the FY 2023 -24 project list for the Road Repair and Accountability Act of 2017 (SB1), in the amount of $7,995,909, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The City Council authorizes the Publi c Works Director or his/her designee to submit all necessary reports to the CTC related to the Road Repair and Accountability Act of 2017 (SB1).
3. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED May 2, 2023 .
KEVIN J. LINCOLN II
ATTEST Mayor of the City of Stockton
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
957
EXHIBIT 1
City: Stockton
County: San Joaquin
Legistlative District: Assembly 13; Senate 5
Average PCI: 64
Year of PCI Measurement: 2021
PROJECT
NUMBER DESCRIPTION LOCATION CONSTRUCTION
START DATE
ESTIMATED
USEFULL LIFE
FUNDING
ALLOCATED
Local Street Resurfacing FY 23‐24 SB1 WD24003
Includes projects to provide approximately 45
centerline miles of various types of resurfacing
treatments
Various Streets Anticipated Spring
2024 5‐7 years 4,550,000.00$
Sidewalk, Curb and Gutter, and Curb Ramp Repairs FY 23‐24 SB1 WD24004 Includes removal and replacement of City
tree‐damaged curb, gutter, sidewalk, and
construction of curb ramps
Various Streets Anticipated Spring
2024 50 years 1,550,000.00$
Streetlight Pole Replacement FY 23‐24 SB1 WD24006
Replace streetlight poles that are oxidized and
replace streetlight foundations with damaged
anchor bolts as needed
Various Streets Anticipated Spring
2024 50 years 1,095,909.00$
City Street Re‐striping FY 23‐24 SB1 WD24009 Re‐ stripe worn traffic striping along arterial and collector streets Various Streets Anticipated Spring
2024 5‐7 years 300,000.00$
WT23010
This project will maintain City bridges that are
not included in the federal Highway Bridge
Replacement and Rehabilitation (HBRR)
program
Various Bridges Anticipated Spring
2024 7‐10 years 500,000.00$
ROAD MAINTENANCE AND REPAIR ACCOUNT (RMRA) PROJECT LIST FOR FISCAL YEAR 2023‐24 PROJECT NAME
Bridge Mainenance Program
958
City of Stockton
Legislation Text
File #: 23-0307, Version: 1
APPROVE MOTION TO AUTHORIZE THE ON-CALL LIST OF CONSULTING FIRMS FOR GRANT
WRITING AND TECHNICAL STUDY ASSISTANCE
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve the On-Call List of Consulting Firms for Grant Writing and Technical Study Assistance through December 31, 2026, Project No. SEB-23-002.
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, or designee, be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
In 2020, Public Works established a pre-qualified consultant pool for grant and technical report writing services. The list consisted of 10 firms and has been used to assist staff in preparing grants in response to various Notices of Funding Availability (NOFAs). In addition, the consultant pool is used to support staff in the review of technical studies when needed. The initial consultant pool was established for a two-year period, and recently expired in December 2022.
On February 6, 2023, the City advertised a Request for Qualifications (RFQ) for Grant Writing and Technical Study Assistance, Project No. SEB-23-002, to establish a list of pre-qualified consultants.
Ten firms submitted Statements of Qualifications (SOQ). All 10 firms were deemed qualified to perform the necessary grant writing and technical study assistance. Upon approval of the on-call list of firms, Public Works will request services and issue purchase orders and/or professional services contracts with the selected firm(s) as demand occurs. In accordance with the Stockton Municipal Code (SMC) Chapter 3.68 Bidding, Contracting and Purchasing Procedures, contracts with vendors of $100,000 or more will require approval by City Council.
It is recommended that Council approve a motion authorizing the On-Call List of Consulting Firms for Grant Writing and Technical Study Assistance and approve staff to use the list through December 31, 2026.
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DISCUSSION
Background
The Public Works Department applies for a variety of federal, State, and other grant funding opportunities each year. Public Works uses these funding programs to deliver a portion of the City’s Capital Improvement Plan (CIP) projects and/or to address concerns received by citizens. Public Works continues to be successful in acquiring large amounts of leveraged funding for pedestrian, bicycle, facility, infrastructure, and other types of transportation projects that benefit Stockton citizens.
Staff is presently managing the delivery of approximately 200 funded CIP projects. Sustaining Public Works’ progress on delivering CIP projects while also applying for grants that fund projects in future fiscal years has become a challenge to staff overall capacity.
Prior to 2020, Public Works was individually soliciting proposals from firms for grant writing services to assist in responding to NOFAs for various grant opportunities. The process of requesting proposals became repetitive and time consuming for staff. In 2020, Public Works established a pre- qualified consultant pool for grant and technical report writing services. The list consisted of 10 firms and has been used to assist staff in preparing grants in response to various NOFAs. In addition, the consultant pool is used to support staff in the review of technical studies when needed.
Establishing a pre-qualified consultant pool for grant writing and technical support has provided Public Works more efficiencies by eliminating the repetitive process of preparing individual solicitations each time a grant program called for applications. Having multiple firms available also allows flexibility if a firm has difficulty with adequate resources to meet Public Works’ timeline. The consultant pool has proved successful in competing for various grant opportunities including, but not limited to:
· Active Transportation Program (ATP)
· Congestion Mitigation Air Quality (CMAQ)
· Highway Safety Improvement Program (HSIP)
· Safe Routes to School (SRTS)
· Measure K Bicycle, Pedestrian, Safe Routes to School, Smart Growth · Urban Greening
· Affordable Housing Sustainable Communities (AHSC)
· Trade Corridor Improvement Fund (TCIF)
· Rail Crossing Elimination Program (RCEP)
· Bridge Investment Program (BIP)
The initial consultant pool was established for a two-year period, and recently expired in December 2022. It is necessary to establish a new consultant pool list to continue supporting staff.
Present Situation
On February 6, 2023, the City advertised an RFQ for Grant Writing and Technical Study Assistance, Project No. SEB-23-002, to establish a list of pre-qualified consultants to be utilized on an on-call basis.
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On March 15, 2023, 10 firms submitted SOQs. A Selection Committee evaluated the SOQs and determined that all 10 firms are qualified to perform the necessary grant and technical report writing services. The following is a list of firms recommended to be the on-call list of firms for grant writing and technical report writing.
On-Call List of Consulting Firms
· BKF Engineers (Sacramento, CA)
· Engineering Solutions Services (Laguna Hills, CA)
· Evan Brooks Associates (Pasadena, CA)
· Fehr and Peers (Stockton, CA)
· Interwest (Elk Grove, CA)
· MNS Engineers, Inc. (Ontario, CA)
· Mark Thomas and Company (Sacramento, CA)
· R.E.Y. Engineers, Inc. (Folsom, CA)
· Siegfried Engineering, Inc. (Stockton, CA)
· W-Trans (Oakland, CA)
The list of pre-qualified consulting firms, or consultant pool, is intended to be used for grant and technical report writing services through December 31, 2026. Staff will solicit proposals from the pre- qualified list each time grant or technical report services are required. Staff will evaluate the proposals received and select and negotiate with one or more consultants to prepare grant applications or technical reports. Purchase orders and/or professional services contracts will be issued to one or more selected firm(s) depending on the range of assistance required. In accordance with the SMC Chapter 3.68 Bidding, Contracting and Purchasing Procedures, contracts with vendors of $100,000 or more will require approval by City Council. Staff anticipates that every consultant on the pre-qualified list will be given numerous opportunities to provide services for grant or technical report writing.
Public Works regularly applies for a handful of State and Federal grant programs. The availability of funding opportunities from the programs are predictable. Funding for grant and report writing services will be identified at the time of each call for projects and/or programmed into the City’s CIP when feasible.
Findings
Pursuant to SMC section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
1. The City does not have sufficient staff available to provide necessary grant and technical report writing services.
2. The scope of the grant and technical report writing services requires specialized expertise that certain consultants can provide.
3. Use of the RFQ process to establish a pre-qualified list of consultants is appropriate for this type of work because it relies on the evaluation of professional qualifications and performance City of Stockton Printed on 4/25/2023Page 3 of 4
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as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.
4. The City will negotiate contracts following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
The recommended motion will approve the On-Call List of Consulting Firms for Grant and Technical Report Writing Services and approve staff to use the pre-qualified list of consultants for grant and technical report writing through December 31, 2026.
FINANCIAL SUMMARY
Funds will be identified from Public Works’ operations budget at the time of each call for projects and/or programmed in the City’s CIP when feasible. No work will be assigned to consultants unless there is sufficient operating budget to incur the costs.
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City of Stockton
Legislation Text
File #: 23-0225, Version: 1
APPROVE MOTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 1 FOR THE POLICE HEADQUARTERS WOMEN’S LOCKER ROOM REMODEL PROJECT
RECOMMENDATION
It is recommended that the City Council approve a motion to authorize Contract Change Order No. 1 in the amount of $145,462 with Stratus Construction Company for the Police Headquarters Women's Locker Room Remodel, Project No. P015035.
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
On July 26, 2022, by Resolution No. 2022-07-26-1218, Council awarded a Construction Contract in the amount of $430,000 to Stratus Construction Company of Stockton, CA, for the Police Headquarters Women's Locker Room Remodel, Project No. P015035. This project addresses facility space needs by improving the basement at the Police Department Main Facility. The improvements include remodeling the current women's locker room, restroom, shower, as well as the Lieutenant/Sergeant and bicycle patrol restrooms at the basement floor.
The Police Department requested the expansion of the women’s locker room into the adjacent unused vault room and the addition of a quiet room. Public Works negotiated Contract Change Order (CCO) No. 1 in the amount of $145,462 with Stratus Construction Company to complete the additional work. Council approval is needed for CCO No. 1, as the amount exceeds the administrative change order authority allowed under the existing contract.
Staff recommends that Council approve CCO No. 1 in the amount of $145,462 with Stratus Construction Company. The total revised contract value will be $575,462. The project is anticipated to be completed by July 2023.
DISCUSSION
Background
The Stockton Police Department Main Facility, located at 22 East Market Street, was constructed in 1970 (Attachment A - Vicinity Map). In 2021, the Police Department Headquarters basement underwent extensive renovations, which included expanding the existing restroom, shower, and men’s locker room space, hazardous material abatement, fire sprinkler modifications, and accessibility improvements. The current Police Headquarters Women's Locker Room Remodel project was created to address facility space needs in the women’s locker room and restroom. The City of Stockton Printed on 4/25/2023Page 1 of 2
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File #: 23-0225, Version: 1
project will improve the Police Department women’s locker room by expanding the existing restroom, shower, and locker room space, as well as renovating the Lieutenant/Sergeant and bicycle patrol restrooms at the basement floor.
On July 26, 2022, by Resolution No. 2022-07-26-1218, Council awarded a Construction Contract in the amount of $430,000 to Stratus Construction Company of Stockton, CA, for the Police Headquarters Women's Locker Room Remodel, Project No. P015035. This project addresses facility space needs by improving the basement at the Police Department Main Facility. The improvements include remodeling the current women's locker room, restroom, shower, as well as the Lieutenant/Sergeant and bicycle patrol restrooms at the basement floor.
Present Situation
During construction, the Police Department requested the expansion of the women's locker room into the adjacent unused vault room and the addition of a quiet room. The additional work for the women’s locker room and quiet room will require additional demolition, hazardous material abatement, masonry wall cutting and removal, heating, ventilation, and air conditioning system adjustments, and additional painting, flooring, suspended ceiling, and electrical work.
Public Works staff negotiated CCO No. 1 in the amount of $145,462 with Stratus Construction Company to complete the additional work. Council approval is needed for CCO No. 1, as the amount exceeds the administrative change order authority allowed under the existing contract.
Staff recommends that Council approve CCO No. 1 in the amount of $145,462 with Stratus Construction Company. The total revised contract value will be $575,462 (Attachment B). The project is anticipated to be completed by July 2023.
FINANCIAL SUMMARY
There is sufficient funding in the Police Facilities, Project No. P015035, Account No. 4510-000- 800007-300-000-30-45-0000-000, to approve CCO No. 1 with Stratus Construction Company, in the amount of $145,462. With approval of CCO No. 1, the revised contract amount with Stratus Construction Company is increased to $575,462.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.
Attachment A - Vicinity Map
Attachment B - CCO No. 1 with Stratus Construction Company City of Stockton Printed on 4/25/2023Page 2 of 2
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- VICINITY MAP -
POLICE HEADQUARTERS WOMENS LOCKER ROOM REMODEL
Project No. P015035
Project Location
LEGEND:
PROJECT LOCATION
ATTACHMENT A
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ATTACHMENT B
966
ATTACHMENT B
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ATTACHMENT B
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City of Stockton
Legislation Text
File #: 23-0256, Version: 1
ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT THE TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 2022-23
RECOMMENDATION
It is recommended that the City Council adopt a resolution to authorize the City Manager or his Designee to:
1. Execute and submit a claim to the San Joaquin Council of Governments for the Transportation Development Act tax revenue for the 2022-23 fiscal year.
2. Receive and deposit the proceeds in Transporation Development Act Fund 245 pursuant to State of California requirements.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The City is entitled to a formula-based apportionment of the statewide Transportation Development Act (TDA) tax revenue to offset costs related to transportation projects. The San Joaquin Council of Governments (SJCOG) administers the State apportionment on an annual basis to agencies within the county. No matching funds are required as a condition to receipt, but SJCOG requires that the claim documents include a resolution by the governing body authorizing an annual claim. The recommended action would authorize the City Manager or his Designee to submit a claim to SJCOG for the TDA funds.
DISCUSSION
Background
SJCOG is responsible for the ongoing administration of TDA funds provided from a State Tax allocation to its Local Transportation Fund (LTF) established in 1972. The funding is for local public transit as well as bicycle and pedestrian projects. The LTF receives revenue from a 1/4 percent retail sales tax collected by the State of California in accordance with the TDA legislation.
Pursuant to the TDA regulations, 98 percent of the LTF funding is allocated to the San Joaquin Regional Transit District (RTD) to fund public transit services, and two percent of the apportionment can be allocated for bicycle and pedestrian purposes. This “non-motorized” apportionment is distributed within San Joaquin County by SJCOG to cities and unincorporated areas based on population. The City uses these funds for bicycle paths, sidewalk repairs, and wheelchair ramps.
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File #: 23-0256, Version: 1
Public Works maintains a database of wheelchair ramps and sidewalks in need of repair, and the non -motorized LTF-TDA funding is allocated entirely to these projects and includes the TDA resources when compiling its annual Capital Improvement Plan (CIP).
SJCOG calculates the apportionments, allocates the resources, and notifies the agencies of the value of available funding. To receive TDA funds, the City is required to submit a claim to SJCOG, along with a Council resolution.
Present Situation
The total amount to be claimed by the City is $1,546,514. This includes $935,777 in funds previously claimed and appropriated by the City for past sidewalk and curb replacement projects that must be reclaimed as part of the annual administrative process.
The current TDA available balance for the City held by SJCOG is $610,737. The balance includes the previous year’s unclaimed apportionment of $148,000 and 2022-23 current year’s apportionment of $462,737.
FINANCIAL SUMMARY
The TDA revenues and expenditures are allocated to a special revenue fund (Fund 245). Projects are allocated funding through the annual CIP budget or other Council action. The recommended action authorizes a 2022-23 TDA reimbursement claim, upon receipt of which, the funds will be deposited into TDA Fund 245 for the Sidewalk, Curb and Gutter Repair Program. No General Fund or matching resources are required to receive TDA funds.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT THE TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 202 2-23 AND
AUTHORIZING THE DEPOSIT OF FUNDS FOR THE SIDEWALK, CURB, AND
GUTTER REPAIR PROGRAM PURSUANT TO STATE OF CALIFORNIA
REQUIREMENTS
The San Joaquin Council of Governments (SJCOG) is responsible for the ongoing administration of Transportation Development Act (TDA) funds provided from a State Tax allocation to its Local Transportation Fund (LTF) established in 1972. The funding is for local public transit and bicycle/pedestrian projects; and
The LTF receives revenue from a 1/4 percent retail sales tax collected by the State of California in accordance with the TDA legislation; and
The City is entitled to a formula -based apportionment of the statewide TDA tax revenue to offset costs related to transportation projects; and
To receive TDA funds, the City is required to submit a claim to SJCOG, along with a Council resolution; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Manager or his Designee is hereby authorized and directed to execute and submit a claim to SJCOG for the TDA tax revenue for Fiscal Year 2022-23.
2. The City Manager or his Designee is hereby authorized to receive and deposit the proceeds in TDA Fund 245 pursuant to State of California requirements for the Sidewalk, Curb, and Gutter Repair Program.
3. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED May 2, 2023 .
ATTEST: KEVIN J. LINCOLN II
Mayor of the City of Stockton
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
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City of Stockton
Legislation Text
File #: 23-0477, Version: 1
MAYORAL APPOINTMENTS TO COUNCIL COMMITTEES AND COMMITTEE
STRUCTURE/FUNCTION ROSTER
RECOMMENDATION
It is recommended that the City Council approve adopt a resolution amending the Mayoral Appointments to Council Committees and Committee Structure/Function roster to add Vice Mayor Kimberly Warmsley as the alternate Board Member for the East Bay Community Energy Authority, effective immediately.
Summary
Charter Article XI, Section 1102 states that the Mayor has the power and duty to appoint members to advisory boards and commissions. The Charter requires that such appointments be made with the advice and consent of the City Council.
It is deemed appropriate to add an Alternate Member to the East Bay Community Energy Authority.
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Resolution No.
STOCKTON CITY COUNCIL
==================================================================
RESOLUTION APPROVING A MAYORAL APPOINTMENT TO COUNCIL
COMMITTEES AND COMMITTEE STRUCTURE/FUNCTION ROSTER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
Charter Article XI, Section 1102 provides the powers and duties of the Mayor; and
Charter Section 1102( f) delegates authority to the Mayor to appoint members to advisory boards and commissions; and
The Charter requires that such appointments be made with advice and consent of the City Council; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
The Mayoral Appointments to Council Committees and Committee Structure/Function Roster is amended and approved to add Vice Chair Kimberly Warmsley as the alternate Board Member to the East Bay Community Energy Authority as set forth on Exhibit 1 attached hereto and incorporated by this reference.
PASSED, APPROVED and ADOPTED May 2, 2021 .
KEVIN J. LINCOLN II Mayor
of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk City of Stockton
973
EXHIBIT 1
974
EXHIBIT 1
975
ii
'
11 I
1,
I
:
:
[
I I l I
I
lj
I·
:1
II
City Selectio1 ii Committee :
I
I
I
East Bay Co�munity Energy Authority
I
League of C� Cities Central Valley Division Executive Committee I
I
League of C� Cities Legislative Liaison
Northeaster� San Joaquin County Groundwater Banking Authority San Joaquin �rea Flood Control Agency (SJAFCA)
San Joaquin �ouncil of Governments Board (SJCOG)
\
San Joaquin Area Flood Control and Water Cfonservation District i
!
San Joaquin Partnership Board of Directors
I •
Stockton Convention and Visitors Bureau (SCVB)
I
!Stockton Park� & Recreation Commission
I
rTri-Valley- Sa� Joaquin Valley Regional Rail
1 Authority
I
Local Area Forr,ation Commission (LAFCO)
I I
'
Member Kevin Lincoln
Alternate Susan Lenz
Member Dan Wright
Member Michael Blower
Alternate Member Kimberly Warmsley
Member Dan Wright - State Senator Eggman
Member Michael Blower - Carlos Villapudua
Member Dan Wright
Alternate Member Michael Blower
2nd Alternate MUD Director or Designee
Chair Dan Wright
Member Kimberly Warmsley
Alternate Member Michael Blower
Member Kevin Lincoln
Member Kimberly Warmsley
Member Dan Wright
Alternate Member Michael Blower
Member Kimberly Warmsley
Member Michael Blower
Member MUD Director or Designee
Member Kevin Lincoln
Ex Officio Member Michael Blower
Member Michelle Padilla
Member Dan Wright
Member Kevin Lincoln
Alternate Member Kimberly Warmsley
EXHIBIT 1
976
City of Stockton
Legislation Text
File #: 23-0290, Version: 1
OFFICE OF VIOLENCE PREVENTION ANNUAL UPDATE
RECOMMENDATION
Information only. No action to be taken.
Summary
Looking back at 2022, the Office of Violence Prevention will present program outcomes. The PowerPoint presentation will highlight program data, identify client characteristics, client needs, and services provided.
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THE OFFICE OF VIOLENCE PREVENTION
Director, Lora Larson, MSW
City Council
May 2, 2023
Item 15.1
978
979
OFFICE OF VIOLENCE PREVENTION
OVP supports Stockton’s strategies to reduce
gun & gang violence by providing positive
alternatives, to live a healthy, non-violent
lifestyle to individuals at highest risk of
becoming a victim or perpetrator of
violent crime.
980
Stockton’s Ceasefire Model has produced multi-year,
city-wide reduction in gang and gun violence using:
Continuous Data Analysis
Weekly shooting reviews identifying high-risk individuals 1 2 3 4
981
Communicating directly with
high-risk individuals
Offering hope and opportunity, while also communicating the consequences of continuing to engage in criminal behavior 1 2 3 4
982
Intensive Case Management
Wrapping services and support around clients who agree to work with OVP 1 2 3 4
983
Community Engagement
Building trusting relationships within our communities and outlining services and support available to them
1 2 3 4
984
Average Age: 12-35 years old
Education:High School Drop Out
GANG AFFILIATED
JUSTICE INVOLVED
HAS BEEN SHOT OR SHOT AT
GUN ACTIVITY & SAFETY ISSUES
CLIENT CRITICAL NEEDS:
CRITICAL
SAFETY
ISSUES
UNEMPLOYED
UNSTABLE
HOUSING
UNABLE
TO EAT
DAILY
S T O C K T O N C A L I F O R N I A
ARE WE WORKING
WITH THE
RIGHT PEOPLE?
TYPICAL CLIENT PROFILE
UNTREATED
TRAUMA
YOUTH AT RISK OF THE ABOVE
985
HOW ARE HIGH RISK INDIVIDUALS IDENTIFIED?
Involved in
gang
shootings
Probation &
Parole refer high
risk individuals
SPD refers
high risk
individuals
Schools and
Probation refer
high risk youth
986
2022 STATS
987
COMMUNICATION
GOAL FOR 2022
JANUARY – DECEMBER 2022
COMMUNICATIONS
(SAFETY MEETINGS) 100
73 TRANSFERRED TO CASE MANAGEMENT
(73% TRANSFER RATE)
100
Direct, respectful communication with high-risk individuals involved or most likely to be involved in gun and gang violence while offering services, supports, opportunities, and hope.
COMMUNICATION INTERVENTIONS
988
21 39
PEACEKEEPER CASELOADS
TotalAge Range
2417 and
younger
718-20
1421-25
726-30
631-34
235+
TotalEthnicity
2White
22Black
18Hispanic
10Cambodian
2Hmong
6Other
CASE MANAGEMENT
OUTREACH
TOTAL CASELOAD: 60
(65%)
(20%)
989
INTENSIVE CASE
MANAGEMENT
EMPLOYMENT
SERVICES 115
HOUSING
ASSISTANCE 48
SOCIAL
SERVICES 109
ID, DL, BC &
DMV ISSUES 96
EDUCATIONAL
ADVANCEMENT
20 FAMILY
RELOCATIONS 31
JANUARY-DECEMBER
2022
MENTAL HEALTH
SERVICES
28 COGNITIVE BEHAVIORAL
PARTICIPANTS 55
990
HOSPITAL
RESPONSE
REAL-TIME COMMUNICATION WITH
TRAUMA DOCTORS AND STAFF
• COMMUNICATE WITH TRAUMA TEAM AROUND VICTIM’S
CURRENT HEALTH STATUS
• INFORM TRAUMA TEAM OF CIRCUMSTANCES LEADING TO
THE SHOOTING INCIDENT
• ASSIST TRAUMA DOCTOR WITH COMMUNICATING WITH
THE FAMILY/FAMILIES
1. ENGAGE FAMILY MEMBERS WITH
SUPPORT AND RESOURCES
• CONSOLE FAMILY DURING STRESSFUL SITUATION
• INFORM FAMILY OF COMMUNITY RESOURCES
• FIND KEY INFLUENTIAL FAMILY MEMBERS TO HELP
REDUCE ESCALATION OF VIOLENCE
2. INTERVENTION WITH VICTIM TO
ASSESS RISK & SAFETY
• BUILD A RELATIONSHIP WITH THE VICTIM
• ASSESS CORE ISSUE, ENGAGE IN CONFLICT MEDIATION
TO PREVENT FURTHER VIOLENCE
OFFER VICTIM PRE-DISCHARGE SUPPORT AND PLANNING
3. OFFICE OF VIOLENCE PREVENTION
Stockton OVP is the only known
community violence intervention
program that provides complete
support:
• Hospital-based intervention
• Street outreach
• Intensive case management
• Community engagement
991
GUN VIOLENCE
INTERVENTION
45 134
31 91
CONFLICT
MEDIATIONS
REFERRAL
FOLLOW-UPS
FAMILY
RELOCATIONS
SHOOTING
RESPONSES
992
COMMUNITY ENGAGEMENT
Community Engagement
Fostering a SHARED commitment to
create a safer community
PROMOTING
COLLABORATION
Building
TRUST
993
WEBERSTOWN
Greensboro
“Feed the Folks”
Brotherhood Park1,070 GROCERIES
JANUARY – DECEMBER 2022
1,297 HOT MEALS
JANUARY – DECEMBER 2022
Holiday Dinner Giveaway
Fall Fun in the Park
994
YOUTH SUCCESS STATS 2022/23
995
BETTER DECISION MAKING
MANAGING TRAUMA
FINANCIAL LITERACY
COGNITIVE BEHA VIORAL TRAINING
“This group is something special to me. It helps me understand who I am, what my purpose is in life, and how much my Cambodian culture means to me.”
996
REFLECTIVE TRAVEL
Intentionally traveling to stretch, learn, and grow in new ways of being and engaging with the world…
46Clients
997
CLIENT SUCCESS STORIES
Jecht & Koron
998
CALIFORNIA JUSTICE LEADERS AMERICORPS
“Tapping the
Leadership Potential
of System Impacted
People”
The AmeriCorps program leverages
the valuable life experience of
formerly incarcerated and system-
impacted individuals to open doors
for the justice-involved young
adults they serve and for
themselves.
Koron, a former client, is now a CJL member working alongside the OVP! 999
Being Intentional about W ellness
Mental Health Support Provided: 28
1000
Office of Violence Prevention Strategic Planning
1001
1002
City of Stockton
Legislation Text
File #: 23-0377, Version: 1
DISCUSS AND CONSIDER A RESOLUTION TO AUTHORIZE APPROPRIATION OF $5,667,000 IN
GENERAL FUND DOLLARS TO CITY COUNCIL PRIORITY PROJECTS
RECOMMENDATION
Discuss and consider a resolution recommended by the Budget/Finance/Economic Development Council Committee authorizing a FY 2022-23 General Fund appropriation and any necessary transfers of $5,667,000 to seventeen City Council priority projects.
It is recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
At the Council meeting on December 13, 2022, the City Council discussed Agenda Item 15.2 - Accept the Fiscal Year 2021-22 Fourth Quarter Budget Status Update, Authorize Budget Amendments, and Make Allocations to General Fund Reserves, which included appropriating $5,667,000 from the General Fund for Council Priority Projects to be allocated following discussions by the Budget/Finance/Economic Council Committee (Council Committee).
At the April 5, 2023 Council Committee meeting, two actions were approved:
1. Motion 2023-04-05-0301 recommending that the $5,667,000 from the FY 2021-22 General Fund balance be appropriated as follows, and be presented to the Council for consideration no later than its May 2, 2023, meeting: Swenson Park - Fencing, $180,000; Dignity's Alcove, $50,000; Anti-illegal dumping reward program, $225,000; Pilot gun buy back program, $225,000; Crime Stoppers reward augmentation, $625,000, Youth program by I Am Ready, $1,000,000
2. Motion 2023-04-05-0301-02 recommending that the $5,667,000 from the FY 2021-22 General Fund balance be appropriated as follows, and be presented to the Council for consideration no later than its June 20, 2023 meeting: MLK underpass cleanup, $350,000; Souza Park restroom, $375,000; Van Buskirk building demo, $300,000; Silver Lake assessment, $35,000; Generators for two sites, $500,000; Civic Auditorium assessment, $300,000; RFP for youth services programs, $461,000; Sister Cities Association, $15,500; Bob Hope Theater improvements, $275,000; Contingency for Council priority projects: $300,500 The Council Committee is recommending that the City Council discuss adopting a resolution to authorize a FY 2022-23 General Fund appropriation of $5,667,000 to the various projects as itemized in Attachment A.
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File #: 23-0377, Version: 1
Various City Departments have been involved in scoping the projects, developing cost estimates, and vetting the recommended uses of the funds. Two non-profit organizations that attended the committee meetings are included in the Council Committee funding recommendation. City staff recommend utilization of the City’s standard open procurement and funding processes, providing an opportunity to all interested local non-profit organizations that might be interested in providing the services recommended by the Council Committee. This would be in line with best practices on allocating public funds and tax dollars, consistent with City standard practices.
DISCUSSION
Background
At the Council meeting on December 13, 2022, the City Council discussed Agenda Item 15.2 - Accept the Fiscal Year 2021-22 Fourth Quarter Budget Status Update, Authorize Budget Amendments, and Make Allocations to General Fund Reserves. This item included authorization to earmark $5,667,000 for Council priority needs with allocation of the funds to be brought back to the full Council after discussion by the Council Committee. The $5,667,000 is one-time in nature from unanticipated expenditure savings and revenues, and therefore it should be used for one-time activities.
The Council Committee met to discuss potential projects on March 1, 2023, and April 5, 2023.
Present Situation
The Council Committee motion recommends the following allocation of FY 2022-23 General Funds:
1. MLK Underpass Enhancements $350,000
2. Souza Park Restroom $375,000
3. Swenson Park Fencing $180,000
4. Dignity Alcove - Facility Improvements $50,000
5. Anti-illegal dumping reward program $225,000
6. Pilot Gun Buy back program $225,000
7. Crime Stopper Reward augmentation - $25,000
per homicide
$625,500
8. I am Ready Youth Pilot Program $1,000,000
9. VanBuskirk Building Demolition $300,000
10. Silver Lake Assessment $35,000
11. Generators (2 sites) $500,000
12. Broken Window Program $250,000
13. Civic Auditorium assessment $300,000
14. RFP youth services $461,000
15. Sister city Association $15,500
16. Bob Hope Theatre back of the house $275,000
17. City ballpark repairs/improvements $200,000
Subtotal $5,366,500
Contingency $300,500
Total $5,667,000
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File #: 23-0377, Version: 1
1. MLK Underpass Enhancements $350,000
2. Souza Park Restroom $375,000
3. Swenson Park Fencing $180,000
4. Dignity Alcove - Facility Improvements $50,000
5. Anti-illegal dumping reward program $225,000
6. Pilot Gun Buy back program $225,000
7. Crime Stopper Reward augmentation - $25,000
per homicide
$625,500
8. I am Ready Youth Pilot Program $1,000,000
9. VanBuskirk Building Demolition $300,000
10. Silver Lake Assessment $35,000
11. Generators (2 sites) $500,000
12. Broken Window Program $250,000
13. Civic Auditorium assessment $300,000
14. RFP youth services $461,000
15. Sister city Association $15,500
16. Bob Hope Theatre back of the house $275,000
17. City ballpark repairs/improvements $200,000
Subtotal $5,366,500
Contingency $300,500
Total $5,667,000
The Council Committee asked City staff to follow up with additional information on the Broken Windows Program, Martin Luther King Jr. Underpass Enhancements, and the City ballparks repairs/improvements.
The Broken Windows Program description has been further defined to be available city-wide on a first-come first-serve basis until funds are exhausted as part of Economic Development’s Small Business Support Toolkit. With an average cost per window of $800, the proposed funding level will replace approximately 312 windows.
The Public Works Department, following recommendations from the Council Committee, is recommending reducing the funding for the Martin Luther King Jr. Boulevard Underpass Enhancements to $100,000 from $350,000. The project will be rescoped to include:
· Weekly power washing of pedestrian walking paths.
· Monthly sanitary washing of pedestrian walking paths, handrails, and concrete walls. · Twice per week trash cleaning in right-of-way and adjacent walking paths above MLK Underpass.
A preliminary assessment of City owned baseball fields and concession stands was also completed as a follow-up to the Council Committee meeting. The Public Works Department recommends increasing this project from $200,000 to $400,000. The project will include:
· Concession stand repairs and upgrades at Louis Park and Misty Holt-Singh Sports Complex. · Ball field improvements at Dentoni, Valverde, Cruz, Panella, Grupe, Sandman, Louis, Oak, Stribley, Van Buskirk, Weston, and Harrell parks.
· Twenty-three ball fields in total will receive new bases, base pegs, fencing repairs, and in- field/out-field ground maintenance. Bleacher and dugout repairs will be made as needed.
The above two items combined are a reduction of $50,000. Public Works recommends this $50,000 be added to the Swenson Park Fencing Project to address some trees near the planned fencing.
The revised project total would be $230,000. Attachment A reflects the Council Committee recommendation with the above revisions from the follow-up items.
Staff recommends the Hollywood Cares, I Am Ready Youth Pilot Program and Dignity Alcove’s facility improvements items utilize standard City processes for funding. The City of Stockton utilizes consistent and prescribed processes for distributing funds to businesses and nonprofits that serve the community and align with City goals. The City’s Charter, Municipal Code, and administrative processes have been developed in compliance with Federal and State laws, and guidelines designed to ensure compliance with competitive bidding statutes as a means of protecting the public from misuse of public funds, providing all qualified bidders with a fair opportunity to enter into a bidding process conducive to sound fiscal practices, and eliminating favoritism, fraud, and corruption in the awarding of public contracts.
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File #: 23-0377, Version: 1
An update regarding the I Am Ready proposal was provided to the City Council at its February 7, 2023 meeting, as item 12.5. In this update staff provided a review of mechanisms to provide funding to Hollywood Cares, I Am Ready Youth Pilot Program. In summary, City Charter, Section 2000, requires the City to use a competitive process to award contracts, which SMC Chapter 3.68 follows with a requirement to award to the lowest and best regular responsible bidder. City Charter Section 2001, through SMC Section 3.68.070, does allow for exceptions to the competitive bidding requirements where the City Council has approved findings which support and justify exceptions to the competitive process. Such exceptions outlined in the Charter and SMC include, but are not limited to, cases of emergency, public works construction contracts for design-build projects, negotiated contracts following a solicitation of competitive proposals, sole source vendors, cooperative purchasing agreements, and when no valid bids are received after an advertising for bids.
As outlined in the February 7
th agenda item, the I Am Ready project does not meet the standards to qualify under any of the explicitly listed exceptions to the competitive bidding process. Staff continues to recommend incorporating the I Am Ready Youth Pilot Project into the “Youth Services” item also being proposed by the committee, which would likely be administered as a grant program allowing for multiple awards promoting the Council’s goals to provide and enhance services and programs for youth.
City staff from multiple departments have been in contact with Dignity Alcove regarding its tentative facility improvement project and need for funding. Attachment B is an around the bench memo presented to the Council Committee on April 5
th to provide a status update on the Dignity Alcove
project. At the time this agenda item was published, Dignity Alcove had not been responsive to the City’s requests to provide the necessary follow-up information.
Another consideration in the allocation of these funds is the availability of staff resources to deliver the projects. Delivering $5,667,000 spread over 17 projects will add to the already heavy load of active projects managed by the Public Works Department and other departments. One-time additional dollars from the American Rescue Plan Act, the federal infrastructure bill, and the $22.9 million in already approved new Council priority projects have caused a spike in activity that is difficult to manage with existing staff levels in Public Works and supporting departments. Prioritization of grant-funded projects may extend the time needed to complete General Fund-supported projects.
FINANCIAL SUMMARY
Following are the budget amendments and transactions needed to complete the recommended actions:
Appropriate $5,667,000 from the General Fund Balance to the various projects and necessary transfer accounts based on Council allocation. Attachment A details the recommendation from the Council Committee with modifications for follow-up items. A contingency of $300,500 is available for administrative appropriation to the projects specified as needed, for a total appropriation not to exceed $5,667,000.
Attachment A - List of Projects Recommended by the Council Committee Attachment B - Dignity Alcove Memo
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ATTACHMENT A
Budget Finance Economic Development Committee Meeting
PROJECT SUMMARY
Item
(for ref.
only)
Dept Project
Name Description
Committee
Recommendation
with Adjustments
1 PW MLK Underpass Enhancements
Includes clean‐up and light maintenance; weekly power cleaning and monthly sanitary washing of pedestrian pathways, handrails and walls; 2x weekly trash cleaning in right‐of‐way and adjacent walking paths.
$ 100,000
2 PW Souza Park Restroom This project would fund the necessary utility infrastructure and install one Exeloo restroom unit in the park. $ 375,000 3 PW Swenson Park ‐ fencing This project would fund replacement of approximately 2,100 lineal feet of existing fencing, including gates, along Benjamin Holt Drive and Plymouth Road. $ 230,000 4 EDD Dignity Alcove Non‐profit requested funds to make improvements to a new site for Veteran housing. $ 50,000
5 PD/PW/CAO Anti‐illegal dumping reward
program
Establish a pilot program providing monetary rewards to citizens reporting persons who are disposing of waste illegally. Staff has been working on a program proposal and accompanying ordinance, which are anticipated to go back before the Legislative Committee in June.
$ 225,000
6 Police Pilot Gun Buy back program
Based on an average of a structured reward per firearm ($350) and cost to collect, process, and destruct the firearms, approximately 400 firearms can be removed from the streets with this pilot program.
$ 225,000
7 Police
Crime Stopper Reward
augmentation ‐ $25,000 per
homicide
One time increase in rewards available. Cost based offering rewards for 25 homicide cases per year. $ 625,000
8 CSD Youth Pilot Program (I am Ready)
Fund the Hollywood Unlocked / Hollywood Cares "I Am Ready" youth pilot program proposal previously presented to the Council on September 13, 2022, as New Business Item 15.7.
$ 1,000,000
9 PW VanBuskirk Building Demolition Includes demolition of unusable buildings on the former Van Buskirk Golf Course. $ 300,000
10 PW/CSD Silver Lake Assessment
To thoroughly assess the site and provide cost estimates for necessary repairs/improvements. The previous operator indicated there are many site repairs needed before reopening. Assessment to be completed summer 2023. $ 35,000
11 PW Generators (2 sites) Includes replacing generators at two fire stations. $ 500,000 12 EDD Broken Window Program
EDD will incorporate a Broken Windows Program into its Small Business Support Toolkit. This program will be available city‐wide on a first‐come first‐serve basis until funds are exhausted. With an average cost per window of $800 this will replace approximately 312 windows.
$ 250,000
13 PW/EDD Civic Auditorium assessment
A Facilities Condition Assessment , which may take approximately 8‐months to complete, will be prepared. The assessment will outline capital improvement needs for the facility in advance of the 100 anniversary of the building. The assessment will contemplate a phased approach. Staff will return to Council with a prioritized list of recommended improvements, based on the assessment. $ 300,000
14 CSD Youth Services Programs via
standard Grant/NOFA process
Staff would publish a NOFA for local organizations to provide or expand youth services/programs. A committee would be established to review applications and make recommendation to Council. This process allows interested local providers to compete for available funding, and allows the City to provide multiple funding awards.
$ 461,000
15 EDD Sister City Association $5,000 toward Parma Sister City celebration events and $1,500 for each sister city as seed money for fundraising activities. $ 15,500 16 EDD Bob Hope Theatre back of the
house
Scope of work will include a facade facelift with theatrical up lighting, back of house improvements and concession upgrades. $ 275,000 17 PW City owned baseball fields
repairs/improvements
Scope of work to include concession stand repairs and upgrades at Louis Park and Misty Holt‐Singh Sports Complex; 23 ball fields will receive new bases, base pegs, fencing repairs, and in‐field/out‐field ground maintenance; dugout and bleacher repairs will be addressed as needed.
$ 400,000
Contingency 10% Contingency funds for capital projects to be used as needed for inflationary or unexpected costs. $ 300,500
TOTAL $ 5,667,000
1007
MEMORANDUM
April 5, 2023
TO:
Budget, Finance, and Economic Development Committee
FROM: Kimberly Trammel, Chief Financial Officer
SUBJECT: Around-the-Bench Update for Agenda Item 3.1
Council Priority Project Funding_____________________________________ To help support the continued discussion from the March 1, 2023 Committee meeting regarding FY 2022-23 Council Priority Projects for Funding Consideration, staff has prepared the following updates.
MLK Underpass Enhancements - $350,000
o Public Works is recommending holding off on immediate beautification improvements to minimize throw-away when construction of the Diamond Grade Interchange Project impacts the area.
o Lighting repairs at this underpass were approved by City Council on April 4, 2023.
Souza Park Restroom - $375,000
o No updates to recommended funding or scope of work.
o This project would fund the necessary utility infrastructure and install one Exeloo restroom unit in the park.
Swenson Golf Course Fencing - $94,000
o No updates to recommended funding or scope of work.
o This project would fund replacement of approximately 2,100 lineal feet of existing fencing, including gates, along Benjamin Holt Drive and Plymouth Road. Dignity’s Alcove - $50,000
o An update from staff is attached to this memo as Attachment A. o Staff continues to work with Dignity’s on this recommended project. o An item for full Council consideration is scheduled for April 18th .
ATTACHMENT B
1008
Anti-Illegal Dumping Reward Program - $225,000
o This project is with staff to review the legality of citing owners of registered vehicles for infractions/ misdemeanors committed outside the presence of an officer.
Pilot Gun Buy Back Program - $225,000
o No updates to recommended funding or scope of work.
o Based on an average of a structured re ward per firearm ($350), estimated overtime needed to process and destruct the firearms, we believe we can buyback approximately 400 firearms for the estimated total.
Crime Stopper Reward Augmentation - $225,000
o SPD is recommending increased funding of $625,000
o The updated estimate considers the average number of homicides over the last 7 years (45) and the average clearance rate for 7 years (56%), which provides for an average of 25 cases that were not cleared. Providing up to $25,000 on up to 25 cases per year, revises the estimated cost to $625,000. Monies for augmented reward should also be considered for use in cases that are significant and violent, but not homicides (fatal hit and runs, assault with a firearm, armed robbery, kidnapping, home invasion, etc.), which can be detailed further upon funding.
Youth Pilot Program – I Am Ready - $1,000,000
o Staff recommends incorporating this item into the Youth Services item.
Van Buskirk Golf Course Building Demolition - $300,000 o No updates to recommended funding or scope of work.
Silver Lake Campground Assessment - $35,000
o No updates to recommended funding or scope of work.
Generators at 2 locations - $500,000
o No updates to recommended funding or scope of work.
Broken Windows Program – N/A
o Staff is recommending $100,000
o To augment the existing CDBG resources dedicated to blight abatement which will be presented in April as part of the Annual Action Plan, staff suggests budgeting $800 per window. Budget allocation would be dependent on how many windows Council wishes to replace. A $40,000 allocation would replace approximately 50 windows, a $100,000 budget would replace approximately 125 windows.
ATTACHMENT B
1009
Civic Auditorium Assessment – N/A
o Staff is recommending $300,000
o It is recommended that a Facilities C ondition Assessment, which may take approx. 8-months to complete, be prepared to outline capital improvement needs for the facility that can be phased. The immediate capital need is stage rigging replacement that is estimated to cost $2 million.
Police Vehicle Needs – N/A
o Staff recommends not providing additional funding for this item. o PD currently has 448 units in their fleet . Plans this year include purchasing 87 units for replacement with the following vehicle-type breakdown: 42 sedans; 4 trucks; 29 SUVs; 4 dirt bikes; 2 motorcycles; and 6 vans. Sufficient funds are available in the Fleet Internal Service Fund for this purchase.
RFP for Youth Services – N/A
o Staff recommends issuing this item as a Notice of Funding Availability (NOFA) that could benefit multiple community programs, rather than creating a program internally.
o Council would be responsible for recomm ending total funding, establishing goals for the opportunity, and would be able to review received applications for funding. o I Am Ready could be incorporated into this NOFA process.
ATTACHMENT B
1010
Updated list of Projects for Funding Consideration from March 1, 2023 Committee Meeting:
Item
(for ref.
only)
Department Project
Name
Est.
Cost
Updated
Estimates
1 PW MLK Underpass Enhancements $ 350,000 $ 350,000 2 PW Souza Park Restroom $ 375,000 $ 375,000 3 PW Swenson Park - fencing $ 94,000 $ 94,000 4 EDD Dignity Alcove $ 50,000 $ 50,000 5 PD/PW/CAO Anti-illegal dumping reward program $ 225,000 $ 225,000 6 Police Pilot Gun Buy back program $ 225,000 $ 225,000 7 Police Crime Stopper Reward augmentation -
$25,000 per homicide
$ 225,000 $ 625,000
8 CSD Youth Program (I am Ready) $ 1,000,000 $ 1,000,000 9 PW VB Building Demo $ 300,000 $ 300,000 10 PW/CSD Silver Lake Assessment $ 35,000 $ 35,000 11 PW Generators (2 sites) $ 500,000 $ 500,000 12 EDD Broken Window Program
$ 100,000
13 PW/EDD Civic Auditorium assessment
$ 300,000
14 PW Police Vehicle needs
$ ‐
15 CSD RFP - youth services
TOTAL $ 3,379,000 $ 4,179,000
Balance $ 2,288,000 $ 1,488,000
Attachment A – April 4, 2023, Update on Dignity’s Alcove Proposed Project
ATTACHMENT B
1011
MEMORANDUM
April 4, 2023
TO: Harry Black,
City Manager
FROM: Jayden Sangha, Assistant Chief Financial Officer
Richard Edwards, Fire Chief
Carrie Wright, Economic Development Director
SUBJECT: UPDATE ON BUDGET, FINANCE, AND ECONOMIC DEVELOPMENT COMMITTEE RECOMMENDATION TO FUND $50,000 TO DIGNITY’S
ALCOVE AS PART OF FY2022-23 COUNCIL PRIORITY PROJECTS ________ On March 1, 2023 City staff received
direction from the Budget, Finance, and Economic
Development Committee to follow up on their recommendation to fund Dignity’s Alcove $50,000 as part of the FY2022-23 Council Priority Projects.
At that meeting, Dignity provided public comment indicating their need for funding to complete improvements at a site they were interested in leasing for Veteran housing. Dignity indicated that they were estimating between $40,000 to $50,000 in needed improvements and were working on securing a 5-year lease on the facility. Committee motion 2023-03-01-0302 approves “the Committee recommendation that $50,000 from the Council Priority Project portion of the FY 2022-23 General Fund balance be appropriated to Dignity's Alcove, conditioned on City staff receiving adequate project details and other information, to the City's satisfaction, necessary to draft a contract for funding.”
Issuing an award such as this is outside of the City’s standard competitive process to award funding to our local non-profits. Typically, a non-profit looking to make capital improvements would apply for a forgivable loan through an existing City program or apply for a grant when programs and funds are available.
The City of Stockton utilizes a consistent and prescribed process for distributing funds to nonprofits that serve the community and align with City goals. This process has been developed in response to Federal and State guidelines that require transparency and equitable access to funding opportunities. The process includes a Notice of Funding Available (NOFA). The NOFA is distributed throughout the community and contains program guidelines, eligibility, funding available and how to apply. Applications are received, reviewed and scored and recommended to Council.
City staff has reached out to Dignity’s Alcove representative, Dianna Weis, requesting the appropriate documentation. In order to receive funding from the City, a nonprofit should be able to comply with the following requirements:
ATTACHMENT B
1012
MINIMUM FEDERAL REQUIREMENTS
Articles of Incorporation/Bylaws
Certificate of Good Standing with the State
State and Federal Tax Exemption Determination Letters o State Franchise Tax Board
o Internal Revenue Service
List of Board Members
o Name
o Telephone number
o Address
o Occupation/Affiliation
Authorization to Request Funds (from the organization’s governing body) o Copy of the minutes of the meeting in which the governing body’s resolution/motion/etc. is recorded.
Designation of Authorized Official(s)
o Signed Letter from the Chairperson of the governing body providing name, title, address, and phone number of each authorized individual. Organizational Chart
Resumes of Program Administrator
Resume of the Chief Fiscal Officer
Annual Financial Statements and Audit
Conflict of Interest Questionnaire (followed by a discussion of the conflict-of-interest provisions)
Documentation of Compliance with National Objectives (HUD funding)
CITY OF STOCKTON ADDITIONAL REQUIREMENTS
City of Stockton Business License
Operational and/or project budget
Proof of SAM.gov Registration
Personnel Policies including Affirmative Action Plan and Grievance Procedure ESG ONLY: Proof of Matching Requirement
Conflict of Interest Statement
In a competitive process for City funds, scoring will also take into considerations historical performance and compliance for applicants that have previously received City funding. Dignity Alcove has received HUD funds in prior years and has struggled to meet compliance standards related reporting requirements.
Staff would also require additional information from Dignity regarding site control and the scope of work to be completed with this award. On March 15, 2023, the Fire Department was able to participate in an informal walk-thru inspection of the desired facility at 503 E. Hazelton Avenue.
Based on this walk-thru, it was determined that the site is not suitable for residential occupancy and would require significant improvements to meet the California Fire and Building Code requirements. The scope of work needing to be completed would likely go far beyond the $50,000 requested for ADA modifications and fire suppression sprinklers, as indicated by Dignity during the March 1 committee meeting. It is the understanding of staff that Dignity may be pursuing other properties, or options, for lease.
ATTACHMENT B
1013
Staff will continue to work with Dignity to collect the appropriate documentation, along with any updates on the proposed property, project, and scope of work. A tentative agenda item planned for the April 18th Council meeting, in which the full Council would be able to discuss and consider this award of funds as part of their priority projects for FY2022-23 discretionary projects.
ATTACHMENT B
1014
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING APPROPRIATION OF $5,667,000 IN GENERAL FUND
DOLLARS TO CITY COUNCIL PRIORITY PROJECTS
City Council adopted the Fiscal Year (FY) 2022-23 Annual Budget on June 21, 2022, following a duly noticed budget study session and a public hearing; and
City Council discussed the F Y 2021-22 Fourth Quarter Budget Status Update on December 13, 2022 and allocated $5,667,000 to Council priority projects; and
The City Council Budget/Finance/Economic Development Committee met on March 1, 2023 and April 5, 2023 to discuss potential uses of the $5,667,000 and made a recommendation for review by the full City Council; and
By the staff report accompanying this Resolution, incorporated into this Resolution by this reference (Staff Report), the Council has been provided with additional information upon which the actions set forth in this Resolution are based; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Authorize the appropriation and any necessary transfers of $5,667,000 from the General Fund Balance to the various projects as detailed below:
Dept Project
Name
Allocation
PW MLK Underpass Enhancements $ 100,000 PW Souza Park Restroom $ 375,000
PW Swenson Park - fencing $ 230,000
EDD Dignity Alcove $ 50,000
PD/PW/CAO Anti-illegal dumping reward program $ 225,000 Police Pilot Gun Buy back program $ 225,000 1015
Police Crime Stopper Reward augmentation -
$25,000 per homicide $ 625,000
CSD Youth Pilot Program (I am Ready) $ 1,000,000 PW VanBuskirk Building Demolition $ 300,000 PW/CSD Silver Lake Assessment $ 35,000 PW Generators (2 sites) $ 500,000
EDD Broken Window Program $ 250,000
PW/EDD Civic Auditorium assessment $ 300,000 CSD Youth Services Programs via standard
Grant/NOFA process $ 461,000
EDD Sister City Association $ 15,500 EDD Bob Hope Theatre back of the house $ 275,000 PW City owned baseball fields
repairs/improvements $ 400,000
Contingency $ 300,500
TOTAL $ 5,667,000
2. Authorize the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED May 2, 2023 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
1016
Authorize Appropriation
of $5.7 Million for Council
Priority Projects
City Council Meeting
May 2, 2023
Agenda Item 15.2
1017
Background
• At the December 12, 2022 Council
meeting, the Council discussed
Fiscal Year 2021-22 Fourth Quarter
Budget results and General Fund
Reserves
• Council action 2022-12-13-1502
approved the appropriation of
$5,667,000 from the General Fund
for Council Priority Projects to be
guided by the
Budget/Finance/Economic
Development Committee
• The Committee met in March and
April of 2023 and approved two
motions with project funding
recommendations for the full
Council approval
1018
Committee Recommendation:
Recommendation
with Adjustment
Committee
Recommendation Project Name
$100,000$350,000MLK Underpass Enhancements
$375,000$375,000Souza Park Restroom
$230,000$180,000Swenson Park - fencing
$50,000$50,000Dignity Alcove
$225,000$225,000Anti-illegal dumping reward program
$225,000$225,000Pilot Gun Buy back program
$625,000$625,000Crime Stopper Reward augmentation
$1,000,000$1,000,000Youth Pilot Program (I am Ready)
$300,000$300,000VanBuskirk Building Demolition
$35,000$35,000Silver Lake Assessment
$500,000$500,000Generators - 2 fire stations
$250,000$250,000Broken Window Program
$300,000$300,000Civic Auditorium assessment
$461,000$461,000Youth Services Programs via Grant/NOFA process $15,500$15,500Sister City Association
$275,000$275,000Bob Hope Theatre
$400,000$200,000City owned baseball fields repairs/improvements $300,500$300,500Contingency
$5,667,000$5,667,000T otal
1019
Recommendation
Recommendation:
• Discuss and consider the funding allocation recommended by the Budget/Finance/Economic Development Council Committee
• Authorize a FY 2022-23 appropriation and any necessary transfers for the $5,667,000 earmarked from the FY 2021-22 General Fund balance Staff Recommendation:
• Have Hollywood Cares, I am Ready Youth Pilot Program and Dignity Alcove facility improvement projects utilize the standard City process for funding.
• Standard process ensures compliance with competitive bidding statutes to protect from misuse of public funds and provide a fair opportunity to qualified applicants.
1020
Next Steps
• Tonight’s action authorizes adding the budget for the approved projects • Next, Staff will begin the necessary project planning and procurement processes to implement each project
• Grant funded projects will continue to take priority over General Fund projects, as grant funds are time sensitive and subject to expiration and/or penalties
1021
Questions?
1022
City of Stockton
Legislation Text
File #: 23-0423, Version: 1
COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES
RECOMMENDATION
Information item only. No action required.
City of Stockton Printed on 4/25/2023Page 1 of 1
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