City Council and Concurrent Authorities
May 2, 2023

(Updated 07/12/22)
CO

NTRACT FOR SERVICES
T
HIS CONTRACT is entered into this day of 2023, between the CITY OF STOCKTON, a municipal corporation (“CITY), and CALIFORNIA MATERIALS, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 3736 S.

HWY 99, STOCKTON, CA 95215 , hereinafter called "CONTRACTOR. ," THIS CONTRACT is for the TRUCK HAULING SERVICES FOR ASPHALT CONCRETE AND ASPHALT CONCRETE GRINDING THROUGH DECEMBER 2024, PROJECT NO.

WD23003, hereinafter referred to as “SERVICE”.

RE
CIT
ALS
A. CO
NTRACTOR represents that it is licensed in the State of California and is qualified, willing and able to provide the services proposed in the SCOPE OF WORK section of this Contract.

B. CO
NTRACTOR represents that it is registered pursuant to Labor Code Section 1725.5 and will register annually with the Department of Industrial Relations, if the services have a wage determination for the services outlined in the SCOPE OF WORK section of this Contract.

C. CO
NTRACTOR represents that it will pay all required prevailing wa ges under California Labor Code for all services provided that have a wage determination.

D.

CITY finds it necessary and advisable to use the services of the CONTRACTOR for the purposes provided in this Contract.

NOW T HEREFORE, i n considerati on of t he mutual pr omises, co venants a nd conditions in this Contract, CITY and CONTRACTOR agree as follows:

1. SCOPE OF SERVICES . Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall undertake and complete the services described in Exhibit A (scope and specifications) . CONTRACTOR shall provide said services at the time, place , and in the manner specified in Exhibit A and compatible with the standards of the profession. CONTRACTOR agrees that it shall provide fully complete services including all labor, materials, tools, equipment and insurance required and that are acceptable to the CITY.

2. COMPENSATION. CITY shall pay CONTRACTOR for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B (fee schedule), which is attached to this Contract and incorporated by this reference.

CONTRACTOR agrees this fee is for full remuneration for performing all services and furnishing all staffing, materials and tools called for in the scope of services. The

TRUCK HAULING SERVICES FOR ASPHALT CONCRETE AND ASPHALT CONCRETE GRINDING THROUGH DECEMBER 2024, PROJECT NO. WD23003 02/28/2023

ATTACHMENT A
(Updated 07/12/22)
payments shall be made on a monthly basis upon receipt and approval of CONTRACTOR’S invoice for completed work. Total compensation for services and reimbursement for costs shall not exceed $910,000 or as otherwise mutually agreed to in a Contract Change Order.

P
ursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
a. I
nvoices submitted by CONTRACTOR to C ITY must contain a brief description of work performed, location of work, time used, materials and special equipment and City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
b. U
pon completion of work and acceptance by C ITY, CONTRACTOR shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by C ITY upon receiving a written request thirty (30) days in advance of said time limitation. CITY shall have no obligation or liability to pay any invoice for work performed which CONTRACTOR fails or neglects to submit within sixty (60) days, or any extension thereof granted by the CITY, after work is accepted by CITY.

3. I
NSURANCE. D uring the term of this Contract, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit D (Insurance Requirements and Forms) which is attached to this contract and incorporated by this reference, and shall otherwise comply with the other provisions of Exhibit D (Insurance Requirements and Forms). Maintenance of proper insurance coverage is a material element of this contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.

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

It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements

TRUCK HAULING SERVICES FOR ASPHALT CONCRETE AND ASPHALT CONCRETE GRINDING THROUGH DECEMBER 2024, PROJECT NO. WD23003 02/28/2023

ATTACHMENT A
(Updated 07/12/22)
and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

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

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

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

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

The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

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

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

Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. CONTRACTOR further agrees to include these same provisions with any subcontractor regardless of tier. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The CONTRACTOR shall require all Subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the CITY.

TRUCK HAULING SERVICES FOR ASPHALT CONCRETE AND ASPHALT CONCRETE GRINDING THROUGH DECEMBER 2024, PROJECT NO. WD23003 02/28/2023

ATTACHMENT A
(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

TRUCK HAULING SERVICES FOR ASPHALT CONCRETE AND ASPHALT CONCRETE GRINDING THROUGH DECEMBER 2024, PROJECT NO. WD23003 02/28/2023
(Updated 07/12/22)
W
ith 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.

C
ONTRACTOR’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.

C
ONTRACTOR/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.

I
f 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. S
CHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A , which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on 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. CO
NFORMANCE TO APPLICABLE LAWS. CONT RACTOR shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. a. TI
TLE VI
T
itle 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

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.

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

SCRIMINATION AND HARASSMENT POLICY
T
he City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace. c. L

ABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
T
he bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PR

EVAILING WAGE
CO
NTRACTOR 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. T
he 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

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. S
hould 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. T
he CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv
. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
P
ursuant 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
(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. S

ANCTIONS
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
(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. CO
NTRACTOR ST ATUS. 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. I
f i
n the 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. I
t 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. A
s 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. AS
SIGNMENT. CO NTRACTOR 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 reference 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 follows:

TRUCK HAULING SERVICES FOR ASPHALT CONCRETE AND ASPHALT CONCRETE GRINDING THROUGH DECEMBER 2024, PROJECT NO. WD23003 02/28/2023

ATTACHMENT A
(Updated 07/12/22)
To
CONTRACTOR: 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 execution of this Contract and prior to the CONTRACTOR engaging in any operation or activity set forth in this Contract, CONTRACTOR shall obtain a City of Stockton business license, which must be kept in effect during the term of this 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 breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.

TRUCK HAULING SERVICES FOR ASPHALT CONCRETE AND ASPHALT CONCRETE GRINDING THROUGH DECEMBER 2024, PROJECT NO. WD23003 02/28/2023

ATTACHMENT A
(Updated 07/12/22)

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. D
ISPUTE RESOLUTION. P rior 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. V
enue
A
ny 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. I
f 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. SEVERABILITY. 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 rights or benefits 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

ATTACHMENT A
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
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
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
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
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Truck
Hauling 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
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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
`
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
`
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
`
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
`
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

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
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
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
. .

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
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.

II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.

All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.

C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.

D. All City employees and non-employees share a responsibility to assist in

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Exhibit D:

Insurance Requirements
(WD23003F Truck Hauling)
Cont
ractor 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 SC

OPE AND LIMIT OF INSURANCE
Cov
erage shall be at least as broad as:

1. Commerc
ial 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. Aut
omobile 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. Work
ers’ 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. Suret
y Bonds as described below.

If t
he 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-I
nsured Retentions
Sel
f-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

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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

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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

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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

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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

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