12.2 For employees on a Monday through Friday workweek, if holidays fall on a Sunday, the following Monday shall be observed. If holidays fall on Saturday, the preceding Friday shall be observed.
12.3 In order to receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday.
12.4 An employee who takes a holiday off on a normally scheduled work day will receive a regular work day worth of holiday pay at their regular rate of pay, and the holiday hours count as time worked for FLSA overtime calculation purposes. A holiday that falls on an employee’s normally scheduled day off will receive a regular work day worth of holiday pay at their regular rate of pay, however the holiday hours will not be counted as time worked. If an employee works on a holiday, the employee will receive a regular work day worth of holiday pay at their regular rate of pay, actual hours worked will be paid at the time and one half (1-½) and holiday hours will not be counted as time worked. If an employee works only partial hours on a holiday, partial holiday hours will be counted as time worked for FLSA overtime calculation purposes (up to the employee’s normal work day).
EXHIBIT 2 721
SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY
13.1 Retirement Contribution Supplement
(a) CalPERS Benefits for Employees hired on or before December 28, 2012 (Classic Tier 1).
Employee Contribution:
Effective August 1, 2011, employees hired on or before June 30, 2011, will pay seven percent (7%) of the Employer’s share towards the CalPERS benefit. This employee contribution will be made on a post-tax basis, unless the City obtains a ruling from the I.R.S. that these contributions can be made on a pre-tax basis.
Effective July 1, 2012, Classic employees will pay seven percent (7%) of the employee’s contribution towards the CalPERS benefit.
Benefit Formula:
The City's CalPERS retirement plan is modified to reflect two percent (2%) at age fifty-five (55), effective January 1993.
Optional Benefits:
• Military service credit pursuant to the provisions of P.E.R.S.
California Government Code Section 21024 and Section 21027, at the employee's expense, upon adoption by Stockton City Council and CalPERS Administration Board.
• P.E.R.S. California Government Code Section 20965 (Credit for Unused Sick Leave) as added CalPERS benefits, to be effective upon adoption by the Stockton City Council and CalPERS
Administration Board.
• P.E.R.S. California Government Code Section 21335 (up to five percent (5%) Annual Cost of Living Allowance Increase) as added CalPERS benefits, to be effective upon adoption by the Stockton City Council and CalPERS Administration Board.
EXHIBIT 2 722
(b) CalPERS Benefits for Employees hired on or after December 29, 2012 Employees with Reciprocity (Classic Tier 2):
Employees hired on or after December 29, 2012, who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than 6 months and are considered classic employees by AB 340, shall be subject to the CalPERS pension formula of two percent (2%) at sixty (60) with no optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay the employee’s statutory employee’s contribution for these benefits of seven percent (7%).
Employees without Reciprocity (PEPRA):
Employees hired on or after January 1, 2013, shall be subject to the AB340 statutory pension formula of two percent (2%) at sixty-two (62) with no optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay fifty percent (50%) of the City normal cost rate for the two percent (2%) at sixty-two (62) as determined by CalPERS.
(c) The City will provide P.E.R.S. California Government Code Section 21574 (Fourth Level of 1959 Survivor Benefits) to employees in all CalPERS membership tiers.
13.2 Uniform Allowance
(a) Effective July 1, 2024, employees in the following classifications who are required to wear uniforms shall be paid an allowance of one thousand dollars ($1,000.00) annually. Payable each pay period when an employee is in paid status.
(1) Fire Telecommunications Supervisor;
(2) Police Telecommunications Supervisor; and
(3) Supervising Police Records Assistant.
(b) Effective July 1, 2024, employees in the following classifications who are required to wear uniforms shall be paid an annual uniform allowance of one thousand twenty-five dollars ($1,025.00) annually. Payable each period when an employee is in a paid status.
(1) Supervising Fire Prevention Inspector;
EXHIBIT 2 723
(2) Police Services Manager;
(3) Animal Services Supervisor;
(4) Supervising Evidence Technician;
(5) Property Room Supervisor; and
(6) Senior Community Service Officer.
(e) Safety Protective Footwear Reimbursement. Effective July 1, 2024, employees required to wear safety protective footwear in accordance with City Manager’s Administrative Directive HR-34, and approved for safety protective footwear reimbursement, the City will authorize safety protective footwear reimbursement in the amount of two hundred and fifty dollars ($250.00) as needed and approved by the employee’s supervisor and department head. The list of classifications and or positions that are required to wear protective footwear is included in the Administrative Procedure and may be amended from time to time to reflect changes in the classifications required to purchase footwear.
13.3 Public Employees’ Retirement System (P.E.R.S.)
The City shall contribute an amount required by the Public Employees’ Retirement System (P.E.R.S.) to retain the present Retirement Program.
13.4 Deferred Compensation
The City will provide at no cost to the employee, deferred compensation as a supplement to voluntary deferred compensation plans, if any, for which the individual employee may be eligible.
13.5 Mileage Reimbursement for Private Vehicle Use
Mid-Management/Supervisory Level employees who use their own vehicle on City business on a consistent and repetitive basis will be compensated at the current Internal Revenue Service (IRS) rate and in accordance with the City Manager's Administrative Directive.
13.6 Longevity Pay
(a) Effective August 1, 2011, longevity pay shall be eliminated. The City, however, shall grandfather employees who have completed twelve (12) continuous years of service with the City as of July 1, 2012, with one and one-half percent (1-½ %) of the top salary step of the employee’s pay range to the employee as a professional growth.
EXHIBIT 2 724
13.7 Call Back Pay
(a) Supervisors only who are called back to work shall be compensated at least two (2) hours and forty-five (45) minutes pay at time and one half (1- ½) times their hourly rate of pay or for all time actually worked at time and one half (1-½) times their hourly rate of pay, if eligible for overtime as defined in section 13.9 below, whichever is greater.
(b) To be eligible for call back pay, both of the following conditions must be met: 1) the call back must occur outside of the employee’s regular work hours including overtime, 2) the call back time worked must not be contiguous to the employee’s regular work hours including overtime and 3) an employee is ineligible to receive a premium for both standby and call back. For example, employees shall not receive standby pay for hours in which they are paid overtime or call back pay.
13.8 Standby Duty Pay
Supervisors only who are directed to remain on standby duty during their regular days off shall be paid $3.00 per hour while assigned to be on standby. Each employee so assigned to "standby" is required to carry a mobile phone or other agreed upon communication device while on standby. Employees on Standby shall respond to calls received as soon as they receive them but in no case longer than 30 minutes and shall be able to report to the work site within forty-five (45) minutes. Employees on Standby shall ensure that they available and able to return to work to perform their assigned duties. An employee shall earn time and one-half (1-½) for all actual time worked while on standby duty status only if eligible for overtime as defined in section 15.4 above. An employee shall not continue to receive the “standby” premium during actual time worked, or for any hours paid as overtime or call back. Standby shall not be considered as time in “paid status because of work performed” for purposes of calculating overtime.
13.9 Bilingual Pay
Effective July 1, 2024, job positions determined by the department head requiring bilingual translation skills shall receive a stipend amount of one hundred and sixty dollars ($160.00) per month for verbal translation skills, or two hundred and twenty dollars ($220.00) per month for verbal and written translation skills upon testing and certification by the Human Resources Department.
13.11 CalPERS Reportability
The City makes no representation as to whether any of the compensation or EXHIBIT 2 725
payments in this MOU are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this MOU is outside of the City’s control.
13.12 “Y” Rate
When an employee’s classification is changed to a lower paid classification as the result of a classification study or other personnel action, the employee may be placed on a “Y” rate. A “Y” rate means that the monthly compensation for the employee will remain in effect until such time as further changes in the pay range of the new classification exceeds the “Y” rate.
EXHIBIT 2 726
SECTION 14. INSURANCE PLANS
14.0 Reopener Clause for Health Insurance
The Association agrees at the City’s request, to meet and confer on any changes that are within the mandatory scope of bargaining in any City proposals related to its City sponsored medical plans that may be related to the implementation of the Affordable Care Act (ACA).
The City agrees at the Association’s request to meet and confer regarding employer benefits and premium contributions should medical/dental/vision insurance premiums for employee-only, employee plus one dependent, or employee plus family increase by more than four percent (4%) in any one plan year.
14.1 Health and Welfare Benefits
(a) Choice of Health Plans. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any of the City sponsored medical, dental, and vision plans. Each plan shall offer an employee only, employee plus one(1) and employee plus two (2) or more dependents coverage. The City shall offer two (2) or more medical plans to regular status employees.
(b) Eligibility. Employees shall become eligible for medical, dental, and vision insurance on the first day of the month following date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or, as the dependent spouse/registered domestic partner of another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and their dependent cannot be covered by more than one (1) City-offered health plan). (c) City Contribution towards the cost of insurance programs. 1) Effective July 1, 2023, the City will contribute:
• Up to $711.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan
coverage.
EXHIBIT 2 727
• Up to $1,290.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
• Up to $1,719.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical /dental/vision plan coverage.
2) Effective July 1, 2024, the City shall contribute the following:
• Up to $725.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan
coverage.
• Up to $1,316.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
• Up to $1,753.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
3) Effective July 1, 2025, the City shall contribute the following:
• Up to $740.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan
coverage.
• Up to $1,342.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
• Up to $1,788.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
These contributions are based on full-time employment; regular part-time employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the City’s monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical//dental/vision to be pre-tax premium conversion.
EXHIBIT 2 728
(d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, dental, and vision plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan. Benefits in the Plan shall be in accordance with the Plan document.
(e) The City agreed to make Medicare contributions for employees hired in 1985 to 1986 who are not currently covered by Medicare, provided that such payments shall be on a going forward basis only, and such unit members shall be required to pay the employee matching contribution to Medicare. The City entered into a Section 218 Medicare-Only Agreement with the Social Security Administration for this purpose, with an effective date of August 1, 2014.
14.2 Group Life Insurance Coverage
The City shall provide employees, at no cost to the employee, term life insurance policy with a value of fifty thousand dollars ($50,000). In addition, employees shall have the opportunity to purchase additional voluntary life through their union or through the City’s IRS 125 plan vendor.
14.3 Long Term Disability Insurance Coverage
Mid-Management/Supervisory Level employees will receive long term disability insurance coverage. Plan benefits shall be as describe in the Plan document, but shall include:
(a) Each disability – approximately sixty-six and two-thirds (66⅔) of salary up to the maximum salary replacement amount as specified in the City’s long term disability plan.
(b) Disability income payments will commence after a ninety (90) day waiting period and exhaustion of sick leave accruals.
(c) Benefit payable until age sixty-five (65).
(d) The City shall continue its normal contribution for employee medical premiums during the ninety (90) days waiting period.
14.4 State Disability Insurance
The Association memberships participates in SDI at the employee’s expense.
The City agrees to coordinate SDI benefits with other benefits.
EXHIBIT 2 729
SECTION 15. SALARY PLAN
For a current Salary Schedule, please check the Human Resources website at www.stocktongov.com.
15.1 Salary Adjustments
a. Effective July 1, 2023, employees will receive a four percent (4%) Cost of Living Adjustment (COLA) to base pay.
b. Effective July 1, 2024, employees will receive a three percent (3%) COLA to base pay.
c. Effective July 1, 2025, employees will receive a three percent (3%) COLA to base pay.
d. Market adjustments will be provided in year two (2) and year three (3) of the contract as follows:
a. First, the total three (3) year COLA shall be deducted from the “median” position in the market.
b. Effective July 1, 2024, classifications will receive a market adjustment of no more than seven percent (7%) as outlined in Appendix A.
c. Finally, effective July 1, 2025, classifications will receive the remaining percentage to bring the classification to the median of the market as outlined in Appendix A.
e. Lump Sum Payment.
1) Each employee who is employed in the bargaining unit as of July 1, 2024 will receive a two thousand ($2,000) lump sum nonpensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
2) Each employee who is employed in the bargaining unit as of July 1, 2025 will receive a two thousand ($2,000) lump sum nonpensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
EXHIBIT 2 730
15.2 Salary Equivalents
Any monthly, daily or hourly rate of pay may be converted into any equivalent rate of pay or to any other time base when such a conversion is appropriate. In determining equivalent amounts on different time basis, the City shall provide tables or the regulations for the calculation of payment for service of less than full-time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.
15.3 Salary Step after Military Leave
All employees who have been granted military leave shall, upon their return to the City service, be entitled to the automatic salary advancements within the range scale of the established wage schedule of their classifications for the period they were in the military service.
15.4 Salary Step when Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided by the Director of Human Resources.
15.5 Salary Step after Promotion or Demotion
When an employee is promoted from a position in one rank to a position in a higher rank and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher rank, that employee shall be entitled to a step in the range of the higher rank which is at least five percent (5%) above the employee’s current base salary, except that the next step shall not exceed the maximum salary of the higher rank. Add pays are not included in the calculation of base salary for purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary on promotion rules shall apply. When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the class to which demoted.
15.6 Salary On Reinstatement
If a former employee is reinstated in the same position previously held or to one carrying a similar salary range, their salary shall not be higher than their salary at the time of the employee’s separation unless there has been an increase within EXHIBIT 2 731
the salary range.
15.7 Acting Pay
An employee who is assigned in writing to work in a higher paid classification and who performs a majority of the duties of that higher position after five (5) days, shall receive the rate of pay in a step of the higher classification which would have been received if the employee had been promoted into that classification.
The increased rate of pay will commence with the first day of the assignment; however, to qualify the employee must meet the above conditions before being eligible for Acting Pay.
15.8 Temporary Upgrade Pay
Employees who are assigned to temporarily perform the duties of other employees of a higher--level classification shall receive the hourly or daily rate of the higher classification to which they are temporarily upgraded. To be eligible for temporary upgrade pay, the employee must perform the full scope of duties of the higher classification and must not perform any of the duties of their own job classification while working in the higher-level classification.
15.9 Pay Equity Adjustments
The City recognizes that there may be a need for special salary adjustments for selected classifications as a result of recruitment problems, reclassifications, and/or organizational changes. The City, in its sole discretion, may make such adjustments, but agrees to discuss them with the Association.
15.10 Special Assignment Pay
The department head and with the concurrence of the Director of Human Resources may approve additional compensation in an amount not to exceed one additional salary step when an employee is assigned to perform additional duties and responsibilities for the duration of the special assignment.
15.11 Emergency Medical Services (EMS) Dispatcher Accreditation Pay (a) The City and the Association acknowledge that California Health and Safety Code Section 1797.220 directs the local emergency medical services (EMS) agency to establish policies and procedures to assure medical control of the emergency medical system.
EXHIBIT 2 732
(b) The City and the Association acknowledge that as of July 1, 2008, the San Joaquin County EMS Agency requires all employees of agencies providing emergency medical dispatch (EMD) services to possess and maintain accreditation through San Joaquin County, to include compliance with EMS Agency and National Academies of Emergency Dispatch (NAED) policies, procedures, protocol, and standards. Fire Telecommunications Supervisors are among those employees represented by the Association who must acquire and maintain accreditation by the San Joaquin County EMS Agency as a condition of providing EMD services for the City.
(c) The City and the Association acknowledge that in the event the San Joaquin County EMS Agency rescinds the certification of any bargaining unit employee as a result of any dispute arising from the exercise of the power set forth in San Joaquin County EMS Agency Policy No. 2101 (or any successor or similar policy), the City will make every effort, insofar as practicable and fiscally responsible, to employ such persons in positions for which such employees are qualified or may become qualified within a reasonable period of time and that do not require accreditation by the San Joaquin County EMS Agency.
(d) Emergency Medical Services (EMS) Dispatcher Accreditation Pay.
Effective January 1, 2009, the City shall compensate all Fire Telecommunications Supervisors who are accredited as San Joaquin County Emergency Medical Services Dispatchers an additional onehundred seventy-five dollars ($175) per month. If the employee fails to maintain the accreditation or if the accreditation is no longer required for the position, payment of the stipend shall cease.
(e) Continuing Education for Emergency Medical Dispatchers. The City shall provide to Fire Telecommunications Supervisors all necessary EMD continuing education during normal working hours and at no cost to the employee. However, employees who do not participate in the EMD training offered by the City during normal working hours shall be responsible to complete the necessary continuing education on their own time without additional compensation; provided, however, that all necessary ride-along hours shall be compensated as time worked.
15.12 Salary Step Increase
Salary step increase will be effective the first day of the pay period following appointment or revision. If the date or revision is the first day of a pay period, salary step increases will be as of that date.
EXHIBIT 2 733
15.13 Bi-Weekly Pay Period
The City and the Association agree to move to bi-weekly pay as soon as it is administratively possible within the City. The parties understand that this may not be administratively possible until the City implements a new payroll system.
15.14 Salary Step Plan
Salary ranges for bargaining unit classifications will consist of six (6) salary steps in each range.
(a) The second step will be paid upon the satisfactory completion of the probationary period.
(b) The third step will be paid upon the satisfactory completion of one (1) year of service at the second step.
(c) The fourth step will be paid upon the satisfactory completion of one (1) year of service at the third step.
(d) The fifth step will be paid upon the satisfactory completion of one (1) year of service at the fourth step.
(e) The sixth step will be paid upon the satisfactory completion of one (1) year of service at the fifth step.
Regardless of an employee’s length of service, step advancements in any given class may be made upon recommendation of the department head with the approval of the Director of Human Resources, but not above Step 6 for a given range.
EXHIBIT 2 734
SECTION 16. SEVERABILITY OF PROVISIONS
In the event that any provisions of this MOU are declared by the court of competent jurisdiction to be illegal or unenforceable, that provision of the MOU shall be null and void but such nullification shall not affect any other provisions of this MOU, all of which other provisions shall remain in full force and effect.
SECTION 17. PAST PRACTICES AND EXISTING MEMORANDA
OF UNDERSTANDING
Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this MOU.
SECTION 18. SCOPE OF AGREEMENT
Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties on any and all matters subject to meeting and conferring. Neither party shall, during the term of this MOU, demand any change therein nor shall either party be required to negotiate with respect to any matter; provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement.
SECTION 19. DURATION OF AGREEMENT
All provisions of this MOU shall be effective July 1, 2023 shall remain in full force and effect to and including the 30th day of June, 2026, and shall continue thereafter from year to year unless at least sixty (60) days prior to the expiration date of June 30, 2026, either party shall file written notice with the other of its desire to amend, modify, or terminate this MOU.
EXHIBIT 2 735
SECTION 20. MAINTENANCE OF OPERATIONS/CITY RIGHTS
(a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Association and each employee represented thereby agrees that from 12:01 a.m. of July 1, 2023, through and inclusive of June 30, 2026 the Association or any person acting in its behalf, or each employee in a classification represented by the Association shall not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing other than informational picketing, against the City or the individual or concerted failure to report for duty or abstinence from the full and faithful performance of the duties of employment, including compliance with the request of another labor organization or bargaining unit to engage in such activity in an attempt to induce a change in wages, hours and other terms and conditions of employment.
(b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction, that the employee is, or has, engaged in any activity prohibited by subsection (a) of this section. The City may take other action, which it deems appropriate.
(c) If the City Council, by majority vote, determines to its satisfaction, that subsection (a) of this section has been violated by the Association, the City may take such remedial action, as it deems appropriate. (d) The Association recognizes the duty and obligation of its representatives and members to comply with the provisions toward inducing all employees in this unit to fully and faithfully perform their duties. In the event of any activity prohibited by subsection (a) hereinabove, the Association agrees to take supererogatory steps necessary to assure compliance with this - MOU.
(e) The rights of the City as set forth in section 5 of Resolution No. 32,538, dated August 4, 1975, are incorporated herein by reference.
EXHIBIT 2 736
SECTION 21. BANKRUPTCY
Mid-Management/Supervisory Level (“B&C”) defined for the purposes of this section as including without limitation: B&C’s members, bargaining unit members, officials, attorneys and affiliates) agrees that this MOU shall supersede the terms of all prior MOUs, side letters, and any other agreements between the parties as to the subjects covered herein. By voluntarily entering into this MOU, B&C agrees that this MOU shall supersede and modify the MOU between the parties dated January 1, 2009 through June 30, 2014, and all provisions of such MOU, including any increases or modifications that would have been due under the previous MOU, and that B&C voluntarily accepts the City’s unilaterally-adopted changes to compensation and benefits resulting from the February 2012 Emergency Declaration.
B&C further agrees that it will not oppose the City’s eligibility for chapter 9 relief. B&C agrees to support any plan of adjustment the provisions of which, as to B&C, are consistent with this MOU.
EXHIBIT 2 737
IN WITNESS WHEREOF this Memorandum of Understanding was ratified by a membership vote of the Association on ______________, and by an affirmative vote of the Stockton City Council on ________________. The parties hereto have executed this Memorandum of Understanding this _______day of ____________.
MID-MANAGEMENT/SUPERVISORY LEVEL
UNIT
CITY OF STOCKTON
By: _______________________
ALMAROSA VARGAS FAWAL
President
APPROVED AS TO FORM:
By: _______________________
HARRY BLACK
City Manager
Approved as to form:
Goyette & Associates, Inc.
By: _______________________
KIM GILLINGHAM
Labor Representative for Association
By: _______________________
ROSEMARY RIVAS
Director of Human Resources
By:________________________
Dania Torres-Wong
Negotiator for the City
Approved as to form:
Lori Asuncion, City Attorney
By: _______________________
MARCI ARREDONDO
Assistant City Attorney
EXHIBIT 2 738
APPENDIX A – COMPENSATION MARKET ADJUSTMENTS
Year 1 - Effective 7/1/23 Rate Calculation
Year 2 - Effective 7/1/24 COLA year 1 (4%) Current hourly x 0.04 Year 3 - Effective 7/1/25 MA year 1 (0%) N/A
Year 1 - Monthly Salary (Current hourly + COLA) x 173.34 COLA year 2 (3%) Year 1 hourly x 0.03
MA year 2 (5%) Current hourly x 0.05
Year 2 - Monthly Salary
(Current hourly + all increases) x
173.34
COLA year 3 (3%) (Current hourly + all increases) x 0.03 MA year 3 (2%) Current hourly x 0.02
Year 3 - Monthly Salary
(Current hourly + all increases) x
173.34
*Monthly hours of 173.34 are calculated from 86.67 x 2
*Fire Telecommunications Supervisors (56) are calculated at 242.66 Monthly hours
Hourly/Monthly Steps
1 2 3 4 5 6
Supervising Accountant current monthly
7,007.14
7,366.30
7,744.30
8,141.10
8,558.04
8,996.30
current hourly
40.4243
42.4963
44.6769
46.9661
49.3714
51.8997
COLA year 1 (4%)
1.6170
1.6999
1.7871
1.8786
1.9749
2.0760
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
7,287.43
7,660.96
8,054.07
8,466.75
8,900.36
9,356.15
COLA year 2 (3%)
1.2612
1.3259
1.3939
1.4653
1.5404
1.6193
MA year 2 (7%)
2.8297
2.9747
3.1274
3.2876
3.4560
3.6330
Year 2 - Monthly Salary
7,996.56
8,406.43
8,837.79
9,290.63
9,766.43
10,266.57
COLA year 3 (3%)
1.3840
1.4549
1.5296
1.6079
1.6903
1.7768
MA year 3 (3.1%)
1.2532
1.3174
1.3850
1.4559
1.5305
1.6089
Year 3 - Monthly Salary
8,453.68
8,886.98
9,342.99
9,821.72
10,324.73
10,853.45
EXHIBIT 2 739
Revenue Supervisor current monthly
5,050.46
5,309.56
5,580.68
5,867.40
6,167.30
6,484.00
current hourly
29.1361
30.6309
32.1950
33.8491
35.5792
37.4063
COLA year 1 (4%)
1.1654
1.2252
1.2878
1.3540
1.4232
1.4963
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
5,252.47
5,521.94
5,803.91
6,102.10
6,413.99
6,743.37
COLA year 2 (3%)
0.9090
0.9557
1.0045
1.0561
1.1101
1.1671
MA year 2 (7%)
2.0395
2.1442
2.2537
2.3694
2.4905
2.6184
Year 2 - Monthly Salary
5,763.58
6,059.27
6,368.67
6,695.88
7,038.12
7,399.55
COLA year 3 (3%)
0.9975
1.0487
1.1022
1.1589
1.2181
1.2806
MA year 3 (0.55%)
0.1602
0.1685
0.1771
0.1862
0.1957
0.2057
Year 3 - Monthly Salary
5,964.26
6,270.25
6,590.43
6,929.03
7,283.18
7,657.20
Deputy Director of
Community Services -
Recreation current monthly
9,190.36
9,660.62
10,156.06
10,676.70
11,223.74
11,798.36
current hourly
53.0193
55.7322
58.5904
61.5940
64.7498
68.0649
COLA year 1 (4%)
2.1208
2.2293
2.3436
2.4638
2.5900
2.7226
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
9,557.98
10,047.04
10,562.30
11,103.77
11,672.68
12,270.30
COLA year 2 (3%)
1.6542
1.7388
1.8280
1.9217
2.0202
2.1236
MA year 2 (0.02%)
0.0106
0.0111
0.0117
0.0123
0.0129
0.0136
Year 2 - Monthly Salary
9,846.56
10,350.39
10,881.20
11,439.02
12,025.10
12,640.77
EXHIBIT 2 740
COLA year 3 (3%)
1.7041
1.7913
1.8832
1.9798
2.0812
2.1877
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
10,141.95
10,660.90
11,207.64
11,782.19
12,385.86
13,020.00
Deputy Director of
Community Services - City
Librarian current monthly
9,190.36
9,660.62
10,156.06
10,676.70
11,223.74
11,798.36
current hourly
53.0193
55.7322
58.5904
61.5940
64.7498
68.0649
COLA year 1 (4%)
2.1208
2.2293
2.3436
2.4638
2.5900
2.7226
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
9,557.98
10,047.04
10,562.30
11,103.77
11,672.68
12,270.30
COLA year 2 (3%)
1.6542
1.7388
1.8280
1.9217
2.0202
2.1236
MA year 2 (0.02%)
0.0106
0.0111
0.0117
0.0123
0.0129
0.0136
Year 2 - Monthly Salary
9,846.56
10,350.39
10,881.20
11,439.02
12,025.10
12,640.77
COLA year 3 (3%)
1.7041
1.7913
1.8832
1.9798
2.0812
2.1877
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
10,141.95
10,660.90
11,207.64
11,782.19
12,385.86
13,020.00
Deputy Community
Development
Director/Planning &
Engineering current monthly
10,328.32
10,857.46
11,413.58
11,999.08
12,609.06
13,257.02
current hourly
59.5842
62.6368
65.8450
69.2228
72.7418
76.4799
COLA year 1 (4%)
2.3834
2.5055
2.6338
2.7689
2.9097
3.0592
MA year 1 (0%)
-
-
-
-
-
-
EXHIBIT 2 741
Year 1 - Monthly Salary
10,741.46
11,291.76
11,870.12
12,479.04
13,113.43
13,787.31
COLA year 2 (3%)
1.8590
1.9543
2.0544
2.1598
2.2695
2.3862
MA year 2 (6.23%)
3.7121
3.9023
4.1021
4.3126
4.5318
4.7647
Year 2 - Monthly Salary
11,707.16
12,306.93
12,937.28
13,600.96
14,292.37
15,026.84
COLA year 3 (3%)
2.0262
2.1300
2.2391
2.3539
2.4736
2.6007
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
12,058.37
12,676.14
13,325.40
14,008.99
14,721.14
15,477.64
Deputy Community
Development
Director/Engineering and
Transportation Planning current monthly
10,115.28
10,633.50
11,178.14
11,751.56
12,348.98
12,983.60
current hourly
58.3551
61.3448
64.4868
67.7949
71.2414
74.9025
COLA year 1 (4%)
2.3342
2.4538
2.5795
2.7118
2.8497
2.9961
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
10,519.88
11,058.85
11,625.27
12,221.63
12,842.94
13,502.94
COLA year 2 (3%)
1.8207
1.9140
2.0120
2.1152
2.2227
2.3370
MA year 2 (7%)
4.0849
4.2941
4.5141
4.7456
4.9869
5.2432
Year 2 - Monthly Salary
11,543.55
12,134.96
12,756.50
13,410.89
14,092.66
14,816.88
COLA year 3 (3%)
1.9978
2.1002
2.2078
2.3210
2.4390
2.5644
MA year 3 (1.68%)
0.9804
1.0306
1.0834
1.1390
1.1969
1.2584
Year 3 - Monthly Salary
12,059.79
12,677.65
13,326.98
14,010.64
14,722.90
15,479.51
Planning Manager current monthly
EXHIBIT 2 742
8,699.96 9,146.42 9,614.72 10,107.38 10,625.72 11,169.70 current hourly
50.1901
52.7658
55.4674
58.3096
61.2999
64.4381
COLA year 1 (4%)
2.0076
2.1106
2.2187
2.3324
2.4520
2.5775
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
9,047.95
9,512.28
9,999.31
10,511.68
11,050.75
11,616.49
COLA year 2 (3%)
1.5659
1.6463
1.7306
1.8193
1.9126
2.0105
MA year 2 (4.96%)
2.4894
2.6172
2.7512
2.8922
3.0405
3.1961
Year 2 - Monthly Salary
9,750.91
10,251.31
10,776.18
11,328.36
11,909.31
12,519.00
COLA year 3 (3%)
1.6876
1.7742
1.8650
1.9606
2.0611
2.1667
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
10,043.43
10,558.85
11,099.46
11,668.21
12,266.59
12,894.57
Deputy Community
Development
Director/Building & Life
Safety current monthly
10,387.40
10,919.58
11,478.86
12,067.72
12,681.20
13,332.88
current hourly
59.9250
62.9951
66.2217
69.6188
73.1579
76.9175
COLA year 1 (4%)
2.3970
2.5198
2.6489
2.7848
2.9263
3.0767
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
10,802.90
11,356.35
11,938.02
12,550.43
13,188.44
13,866.19
COLA year 2 (3%)
1.8697
1.9654
2.0661
2.1721
2.2825
2.3998
MA year 2 (6.32%)
3.7873
3.9813
4.1852
4.3999
4.6236
4.8612
Year 2 - Monthly Salary
11,783.47
12,387.16
13,021.63
13,689.62
14,385.54
15,124.82
COLA year 3 (3%)
2.0394
2.1438
2.2537
2.3693
2.4897
2.6177
EXHIBIT 2 743
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
12,136.97
12,758.78
13,412.28
14,100.31
14,817.11
15,578.56
Deputy Building Official current monthly
8,727.14
9,174.76
9,644.50
10,138.96
10,658.12
11,204.62
current hourly
50.3470
52.9293
55.6392
58.4917
61.4868
64.6395
COLA year 1 (4%)
2.0139
2.1172
2.2256
2.3397
2.4595
2.5856
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
9,076.23
9,541.76
10,030.28
10,544.51
11,084.45
11,652.80
COLA year 2 (3%)
1.5708
1.6514
1.7359
1.8249
1.9184
2.0168
MA year 2 (5.34%)
2.6885
2.8264
2.9711
3.1235
3.2834
3.4517
Year 2 - Monthly Salary
9,814.55
10,317.94
10,846.20
11,402.26
11,986.12
12,600.71
COLA year 3 (3%)
1.6986
1.7857
1.8772
1.9734
2.0744
2.1808
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
10,108.99
10,627.48
11,171.59
11,744.33
12,345.71
12,978.73
Plan Check Engineer current monthly
7,720.24
8,115.84
8,532.08
8,968.90
9,427.66
9,910.88
current hourly
44.5381
46.8203
49.2216
51.7417
54.3882
57.1760
COLA year 1 (4%)
1.7815
1.8728
1.9689
2.0697
2.1755
2.2870
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
8,029.04
8,440.46
8,873.36
9,327.66
9,804.76
10,307.32
COLA year 2 (3%)
1.3896
1.4608
1.5357
1.6143
1.6969
1.7839
MA year 2 (3.39%)
1.5098
1.5872
1.6686
1.7540
1.8438
1.9383
EXHIBIT 2 744
Year 2 - Monthly Salary
8,531.63
8,968.80
9,428.79
9,911.54
10,418.50
10,952.52
COLA year 3 (3%)
1.4766
1.5522
1.6318
1.7154
1.8031
1.8956
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
8,787.58
9,237.87
9,711.66
10,208.88
10,731.05
11,281.10
Supervising Combination
Inspector current monthly
6,459.16
6,791.26
7,138.92
7,504.78
7,888.76
8,293.48
current hourly
37.2629
39.1788
41.1845
43.2951
45.5103
47.8452
COLA year 1 (4%)
1.4905
1.5672
1.6474
1.7318
1.8204
1.9138
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
6,717.52
7,062.90
7,424.48
7,804.96
8,204.31
8,625.23
COLA year 2 (3%)
1.1626
1.2224
1.2850
1.3508
1.4199
1.4928
MA year 2 (6.67%)
2.4854
2.6132
2.7470
2.8878
3.0355
3.1913
Year 2 - Monthly Salary
7,349.87
7,727.77
8,123.38
8,539.68
8,976.61
9,437.16
COLA year 3 (3%)
1.2720
1.3374
1.4059
1.4780
1.5536
1.6333
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
7,570.36
7,959.60
8,367.08
8,795.87
9,245.91
9,720.27
Fire Telecommunications
Supervisor (40 hr work
week) current monthly
5,635.82
5,924.94
6,227.44
6,547.06
6,882.52
7,235.08
current hourly
32.5131
34.1810
35.9262
37.7701
39.7053
41.7392
COLA year 1 (4%)
1.3005
1.3672
1.4370
1.5108
1.5882
1.6696
MA year 1 (0%)
-
-
-
-
-
-
EXHIBIT 2 745
Year 1 - Monthly Salary
5,861.25
6,161.93
6,476.55
6,808.95
7,157.82
7,524.48
COLA year 2 (3%)
1.0144
1.0664
1.1209
1.1784
1.2388
1.3023
MA year 2 (3.29%)
1.0697
1.1246
1.1820
1.2426
1.3063
1.3732
Year 2 - Monthly Salary
6,222.51
6,541.72
6,875.72
7,228.62
7,598.99
7,988.24
COLA year 3 (3%)
1.0769
1.1322
1.1900
1.2511
1.3152
1.3825
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
6,409.18
6,737.97
7,082.00
7,445.48
7,826.96
8,227.89
Fire Telecommunications
Supervisor (56 hr work
week) current monthly
5,635.46
5,924.54
6,227.06
6,546.62
6,882.08
7,234.62
current hourly
23.2237
24.4150
25.6617
26.9786
28.3610
29.8138
COLA year 1 (4%)
0.9289
0.9766
1.0265
1.0791
1.1344
1.1926
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
5,860.88
6,161.53
6,476.15
6,808.49
7,157.36
7,524.00
COLA year 2 (3%)
0.7246
0.7617
0.8006
0.8417
0.8849
0.9302
MA year 2 (3.29%)
0.7641
0.8033
0.8443
0.8876
0.9331
0.9809
Year 2 - Monthly Salary
6,222.11
6,541.29
6,875.31
7,228.13
7,598.50
7,987.74
COLA year 3 (3%)
0.7692
0.8087
0.8500
0.8936
0.9394
0.9875
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
6,408.78
6,737.53
7,081.57
7,444.97
7,826.46
8,227.37
Code Enforcement
Supervisor current monthly
5,900.34
6,203.36
6,520.68
6,854.90
7,207.34
7,575.38
EXHIBIT 2 746
current hourly
34.0391
35.7872
37.6179
39.5460
41.5792
43.7024
COLA year 1 (4%)
1.3616
1.4315
1.5047
1.5818
1.6632
1.7481
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
6,136.35
6,451.49
6,781.51
7,129.10
7,495.63
7,878.39
COLA year 2 (3%)
1.0620
1.1166
1.1737
1.2338
1.2973
1.3635
MA year 2 (3.33%)
1.1335
1.1917
1.2527
1.3169
1.3846
1.4553
Year 2 - Monthly Salary
6,516.92
6,851.60
7,202.10
7,571.24
7,960.51
8,367.00
COLA year 3 (3%)
1.1279
1.1858
1.2465
1.3104
1.3777
1.4481
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
6,712.43
7,057.15
7,418.16
7,798.38
8,199.32
8,618.01
Police Services Manager current monthly
8,206.76
8,627.92
9,070.56
9,534.70
10,022.90
10,537.66
current hourly
47.3449
49.7745
52.3281
55.0058
57.8222
60.7918
COLA year 1 (4%)
1.8938
1.9910
2.0931
2.2002
2.3129
2.4317
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
8,535.04
8,973.03
9,433.37
9,916.09
10,423.82
10,959.16
COLA year 2 (3%)
1.4772
1.5530
1.6326
1.7162
1.8041
1.8967
MA year 2 (0.33%)
0.1577
0.1657
0.1743
0.1832
0.1925
0.2024
Year 2 - Monthly Salary
8,818.42
9,270.95
9,746.58
10,245.33
10,769.91
11,323.02
COLA year 3 (3%)
1.5262
1.6045
1.6868
1.7732
1.8640
1.9597
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
9,082.97
9,549.08
10,038.98
10,552.69
11,093.00
11,662.71
EXHIBIT 2 747
Supervising Police Records
Assistant current monthly
4,960.34
5,214.38
5,481.80
5,762.54
6,057.92
6,369.08
current hourly
28.6163
30.0818
31.6245
33.2442
34.9482
36.7433
COLA year 1 (4%)
1.1447
1.2033
1.2650
1.3298
1.3979
1.4697
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
5,158.76
5,422.95
5,701.06
5,993.05
6,300.24
6,623.85
COLA year 2 (3%)
0.8928
0.9386
0.9867
1.0372
1.0904
1.1464
MA year 2 (7%)
2.0031
2.1057
2.2137
2.3271
2.4464
2.5720
Year 2 - Monthly Salary
5,660.75
5,950.65
6,255.82
6,576.22
6,913.30
7,268.40
COLA year 3 (3%)
0.9797
1.0299
1.0827
1.1381
1.1965
1.2579
MA year 3 (2.37%)
0.6782
0.7129
0.7495
0.7879
0.8283
0.8708
Year 3 - Monthly Salary
5,948.13
6,252.75
6,573.41
6,910.08
7,264.27
7,637.40
Supervising Evidence
Technician current monthly
5,915.54
6,219.56
6,537.62
6,872.50
7,225.60
7,595.48
current hourly
34.1268
35.8807
37.7156
39.6475
41.6845
43.8184
COLA year 1 (4%)
1.3651
1.4352
1.5086
1.5859
1.6674
1.7527
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
6,152.16
6,468.34
6,799.13
7,147.40
7,514.61
7,899.30
COLA year 2 (3%)
1.0648
1.1195
1.1767
1.2370
1.3006
1.3671
MA year 2 (5.63%)
1.9213
2.0201
2.1234
2.2322
2.3468
2.4670
Year 2 - Monthly Salary
6,669.77
7,012.55
7,371.17
7,748.74
8,146.85
8,563.91
COLA year 3 (3%)
EXHIBIT 2 748
1.1543 1.2137 1.2757 1.3411 1.4100 1.4822
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
6,869.86
7,222.93
7,592.30
7,981.20
8,391.26
8,820.82
Property Room Supervisor current monthly
5,587.24
5,873.38
6,174.60
6,490.84
6,823.52
7,174.00
current hourly
32.2328
33.8836
35.6213
37.4457
39.3650
41.3869
COLA year 1 (4%)
1.2893
1.3553
1.4249
1.4978
1.5746
1.6555
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
5,810.72
6,108.32
6,421.58
6,750.47
7,096.47
7,460.97
COLA year 2 (3%)
1.0057
1.0572
1.1114
1.1683
1.2282
1.2913
MA year 2 (7%)
2.2563
2.3719
2.4935
2.6212
2.7556
2.8971
Year 2 - Monthly Salary
6,376.15
6,702.70
7,046.45
7,407.34
7,787.01
8,186.97
COLA year 3 (3%)
1.1035
1.1600
1.2195
1.2820
1.3477
1.4169
MA year 3 (5.42%)
1.7470
1.8365
1.9307
2.0296
2.1336
2.2432
Year 3 - Monthly Salary
6,870.26
7,222.12
7,592.51
7,981.37
8,390.46
8,821.42
Deputy Public Works
Director (PE) current monthly
10,979.00
11,541.66
12,133.06
12,746.08
13,405.86
14,089.64
current hourly
63.3380
66.5839
69.9957
73.5322
77.3385
81.2833
COLA year 1 (4%)
2.5335
2.6634
2.7998
2.9413
3.0935
3.2513
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
11,418.17
12,003.32
12,618.38
13,255.91
13,942.09
14,653.23
COLA year 2 (3%)
1.9761
2.0774
2.1839
2.2942
2.4130
2.5360
EXHIBIT 2 749
MA year 2 (5.32%)
3.3696
3.5423
3.7238
3.9119
4.1144
4.3243
Year 2 - Monthly Salary
12,344.80
12,977.43
13,642.41
14,331.68
15,073.54
15,842.40
COLA year 3 (3%)
2.1365
2.2460
2.3611
2.4804
2.6088
2.7418
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
12,715.14
13,366.76
14,051.68
14,761.63
15,525.75
16,317.67
Deputy Public Works
Director current monthly
10,615.06
11,158.54
11,731.16
12,330.46
12,956.44
13,623.68
current hourly
61.2384
64.3737
67.6772
71.1345
74.7458
78.5951
COLA year 1 (4%)
2.4495
2.5749
2.7071
2.8454
2.9898
3.1438
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
11,039.67
11,604.88
12,200.41
12,823.67
13,474.69
14,168.62
COLA year 2 (3%)
1.9106
2.0085
2.1115
2.2194
2.3321
2.4522
MA year 2 (3.59%)
2.1985
2.3110
2.4296
2.5537
2.6834
2.8216
Year 2 - Monthly Salary
11,751.94
12,353.62
12,987.57
13,651.05
14,344.07
15,082.77
COLA year 3 (3%)
2.0339
2.1380
2.2478
2.3626
2.4825
2.6104
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
12,104.50
12,724.22
13,377.20
14,060.58
14,774.39
15,535.25
Engineering Services
Manager current monthly
10,401.64
10,934.44
11,494.20
12,083.48
12,702.28
13,344.20
current hourly
60.0072
63.0809
66.3101
69.7097
73.2796
76.9828
COLA year 1 (4%)
2.4003
2.5232
2.6524
2.7884
2.9312
3.0793
MA year 1 (0%)
EXHIBIT 2 750
- - - - - -
Year 1 - Monthly Salary
10,817.71
11,371.82
11,953.96
12,566.82
13,210.38
13,877.97
COLA year 2 (3%)
1.8722
1.9681
2.0689
2.1749
2.2863
2.4019
MA year 2 (0.77%)
0.4621
0.4857
0.5106
0.5368
0.5643
0.5928
Year 2 - Monthly Salary
11,222.34
11,797.17
12,401.08
13,036.87
13,704.50
14,397.06
COLA year 3 (3%)
1.9423
2.0417
2.1463
2.2563
2.3718
2.4917
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
11,559.01
12,151.09
12,773.12
13,427.97
14,115.63
14,828.97
Principal Civil Engineer current monthly
9,758.74
10,259.14
10,785.04
11,337.76
11,918.58
12,530.00
current hourly
56.2983
59.1851
62.2190
65.4076
68.7584
72.2857
COLA year 1 (4%)
2.2519
2.3674
2.4888
2.6163
2.7503
2.8914
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
10,149.10
10,669.51
11,216.44
11,791.26
12,395.32
13,031.20
COLA year 2 (3%)
1.7565
1.8466
1.9412
2.0407
2.1453
2.2553
MA year 2 (7%)
3.9409
4.1430
4.3553
4.5785
4.8131
5.0600
Year 2 - Monthly Salary
11,136.68
11,707.74
12,307.89
12,938.64
13,601.48
14,299.24
COLA year 3 (3%)
1.9274
2.0263
2.1301
2.2393
2.3540
2.4748
MA year 3 (1.61%)
0.9064
0.9529
1.0017
1.0531
1.1070
1.1638
Year 3 - Monthly Salary
11,627.90
12,224.14
12,850.77
13,509.34
14,201.42
14,929.95
Senior Civil Engineer current monthly
8,793.82
9,244.44
9,717.78
10,216.36
10,738.90
11,289.22
EXHIBIT 2 751
current hourly
50.7316
53.3312
56.0620
58.9383
61.9528
65.1276
COLA year 1 (4%)
2.0293
2.1332
2.2425
2.3575
2.4781
2.6051
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
9,145.57
9,614.21
10,106.50
10,625.02
11,168.45
11,740.79
COLA year 2 (3%)
1.5828
1.6639
1.7491
1.8389
1.9329
2.0320
MA year 2 (4.48%)
2.2728
2.3892
2.5116
2.6404
2.7755
2.9177
Year 2 - Monthly Salary
9,813.90
10,316.78
10,845.05
11,401.46
11,984.61
12,598.77
COLA year 3 (3%)
1.6985
1.7855
1.8770
1.9733
2.0742
2.1805
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
10,108.32
10,626.29
11,170.40
11,743.51
12,344.15
12,976.73
Associate Civil Engineer current monthly
7,847.34
8,249.62
8,672.06
9,115.94
9,583.78
10,074.32
current hourly
45.2714
47.5921
50.0292
52.5899
55.2889
58.1188
COLA year 1 (4%)
1.8109
1.9037
2.0012
2.1036
2.2116
2.3248
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
8,161.24
8,579.60
9,018.94
9,480.57
9,967.13
10,477.29
COLA year 2 (3%)
1.4125
1.4849
1.5609
1.6408
1.7250
1.8133
MA year 2 (1.55%)
0.7017
0.7377
0.7755
0.8151
0.8570
0.9008
Year 2 - Monthly Salary
8,527.71
8,964.86
9,423.93
9,906.28
10,414.69
10,947.76
COLA year 3 (3%)
1.4759
1.5516
1.6310
1.7145
1.8025
1.8947
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
8,783.54
9,233.80
9,706.65
10,203.47
10,727.13
11,276.19
EXHIBIT 2 752
Associate Engineer current monthly
7,071.80
7,434.98
7,815.82
8,215.58
8,636.76
9,079.36
current hourly
40.7973
42.8925
45.0895
47.3957
49.8255
52.3789
COLA year 1 (4%)
1.6319
1.7157
1.8036
1.8958
1.9930
2.0952
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
7,354.68
7,732.39
8,128.45
8,544.19
8,982.22
9,442.53
COLA year 2 (3%)
1.2729
1.3382
1.4068
1.4787
1.5546
1.6342
MA year 2 (7%)
2.8558
3.0025
3.1563
3.3177
3.4878
3.6665
Year 2 - Monthly Salary
8,070.34
8,484.81
8,919.41
9,375.61
9,856.26
10,361.36
COLA year 3 (3%)
1.3967
1.4685
1.5437
1.6226
1.7058
1.7932
MA year 3 (0.88%)
0.3590
0.3775
0.3968
0.4171
0.4385
0.4609
Year 3 - Monthly Salary
8,374.68
8,804.78
9,255.77
9,729.17
10,227.95
10,752.10
Assistant City Traffic
Engineer current monthly
8,793.82
9,244.44
9,717.78
10,216.36
10,738.90
11,289.22
current hourly
50.7316
53.3312
56.0620
58.9383
61.9528
65.1276
COLA year 1 (4%)
2.0293
2.1332
2.2425
2.3575
2.4781
2.6051
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
9,145.57
9,614.21
10,106.50
10,625.02
11,168.45
11,740.79
COLA year 2 (3%)
1.5828
1.6639
1.7491
1.8389
1.9329
2.0320
MA year 2 (4.48%)
2.2728
2.3892
2.5116
2.6404
2.7755
2.9177
Year 2 - Monthly Salary
9,813.90
10,316.78
10,845.05
11,401.46
11,984.61
12,598.77
COLA year 3 (3%)
EXHIBIT 2 753
1.6985 1.7855 1.8770 1.9733 2.0742 2.1805
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
10,108.32
10,626.29
11,170.40
11,743.51
12,344.15
12,976.73
Senior Public Works
Supervisor current monthly
6,870.30
7,222.98
7,592.44
7,982.32
8,391.40
8,820.90
current hourly
39.6348
41.6694
43.8009
46.0501
48.4101
50.8878
COLA year 1 (4%)
1.5854
1.6668
1.7520
1.8420
1.9364
2.0355
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
7,145.11
7,511.89
7,896.15
8,301.62
8,727.06
9,173.73
COLA year 2 (3%)
1.2366
1.3001
1.3666
1.4368
1.5104
1.5877
MA year 2 (7%)
2.7744
2.9169
3.0661
3.2235
3.3887
3.5621
Year 2 - Monthly Salary
7,840.38
8,242.86
8,664.50
9,109.43
9,576.27
10,066.40
COLA year 3 (3%)
1.3569
1.4266
1.4996
1.5766
1.6574
1.7422
MA year 3 (14.68%)
5.8184
6.1171
6.4300
6.7602
7.1066
7.4703
Year 3 - Monthly Salary
9,084.15
9,550.48
10,039.01
10,554.52
11,095.42
11,663.30
Public Works Supervisor current monthly
6,712.22
7,056.66
7,417.88
7,798.42
8,198.38
8,617.64
current hourly
38.7228
40.7099
42.7938
44.9892
47.2965
49.7152
COLA year 1 (4%)
1.5489
1.6284
1.7118
1.7996
1.8919
1.9886
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
6,980.70
7,338.92
7,714.59
8,110.37
8,526.31
8,962.34
COLA year 2 (3%)
1.2082
1.2701
1.3352
1.4037
1.4757
1.5511
EXHIBIT 2 754
MA year 2 (7%)
2.7106
2.8497
2.9956
3.1492
3.3108
3.4801
Year 2 - Monthly Salary
7,659.97
8,053.05
8,465.28
8,899.57
9,355.99
9,834.44
COLA year 3 (3%)
1.3257
1.3937
1.4651
1.5403
1.6192
1.7020
MA year 3 (5.53%)
2.1414
2.2513
2.3665
2.4879
2.6155
2.7493
Year 3 - Monthly Salary
8,260.96
8,684.88
9,129.45
9,597.81
10,090.04
10,606.03
Fleet Manager current monthly
7,726.64
8,123.30
8,538.84
8,977.32
9,437.36
9,920.38
current hourly
44.5750
46.8634
49.2607
51.7902
54.4442
57.2308
COLA year 1 (4%)
1.7830
1.8745
1.9704
2.0716
2.1778
2.2892
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
8,035.70
8,448.23
8,880.40
9,336.41
9,814.85
10,317.20
COLA year 2 (3%)
1.3907
1.4621
1.5369
1.6159
1.6987
1.7856
MA year 2 (2.14%)
0.9539
1.0029
1.0542
1.1083
1.1651
1.2247
Year 2 - Monthly Salary
8,442.12
8,875.52
9,329.55
9,808.61
10,311.26
10,839.01
COLA year 3 (3%)
1.4611
1.5361
1.6147
1.6976
1.7846
1.8759
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
8,695.38
9,141.79
9,609.43
10,102.87
10,620.59
11,164.19
Supervising Mechanic current monthly
5,798.64
6,096.30
6,409.16
6,737.22
7,083.00
7,445.28
current hourly
33.4524
35.1696
36.9745
38.8671
40.8619
42.9519
COLA year 1 (4%)
1.3381
1.4068
1.4790
1.5547
1.6345
1.7181
MA year 1 (0%)
-
-
-
-
-
-
EXHIBIT 2 755
Year 1 - Monthly Salary
6,030.58
6,340.15
6,665.53
7,006.71
7,366.32
7,743.09
COLA year 2 (3%)
1.0437
1.0973
1.1536
1.2127
1.2749
1.3401
MA year 2 (3.20%)
1.0705
1.1254
1.1832
1.2437
1.3076
1.3745
Year 2 - Monthly Salary
6,397.06
6,725.44
7,070.59
7,432.50
7,813.97
8,213.64
COLA year 3 (3%)
1.1071
1.1640
1.2237
1.2863
1.3524
1.4215
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
6,588.97
6,927.20
7,282.70
7,655.48
8,048.39
8,460.04
Solid Waste Manager current monthly
7,791.74
8,191.60
8,611.88
9,052.54
9,516.04
10,004.76
current hourly
44.9506
47.2574
49.6820
52.2242
54.8981
57.7175
COLA year 1 (4%)
1.7980
1.8903
1.9873
2.0890
2.1959
2.3087
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
8,103.41
8,519.26
8,956.35
9,414.64
9,896.68
10,404.94
COLA year 2 (3%)
1.4025
1.4744
1.5501
1.6294
1.7128
1.8008
MA year 2 (7%)
3.1465
3.3080
3.4777
3.6557
3.8429
4.0402
Year 2 - Monthly Salary
8,891.93
9,348.25
9,827.88
10,330.76
10,859.70
11,417.42
COLA year 3 (3%)
1.5389
1.6179
1.7009
1.7879
1.8795
1.9760
MA year 3 (8.50%)
3.8208
4.0169
4.2230
4.4391
4.6663
4.9060
Year 3 - Monthly Salary
9,820.99
10,324.98
10,854.72
11,410.15
11,994.36
12,610.35
EXHIBIT 2 756
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 1
Date Modified: July 1, 2023
COMPREHENSIVE SUMMARY OF
CITY OF STOCKTON
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW
EMPLOYEES’
COMPENSATION PLAN
The City's Unrepresented Management/Confidential employees designated Management MA (Department Heads), Management MV (Assistant Department Heads and other Middle-Management), Confidential MW (Administrative/Support Staff in the City Manager's Office, the Human Resources Department, and the City Auditor’s Office), Law Department employees designated “Executive Plan” (EP), “Professional Plan” (PP), and “Support Plan” (SP) are hereby accorded compensation and benefits as outlined in this Plan consistent with the Stockton City Council's objective to fairly and equitably provide for its Unrepresented Management/Confidential and Law employees.
The Unrepresented Management/Confidential and Law Employees’ Compensation Plan, as amended shall be effective July 1, 2023.
EXHIBIT 3 757
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 2
Date Modified: July 1, 2023
TABLE OF CONTENTS
Section Section Title Page
Section 1. Retirement Benefits............................................................................ 3 Section 2. Group Life Insurance Coverage ......................................................... 7 Section 3. Long Term Disability (LTD) Insurance Coverage ............................... 7 Section 4. Health and Dental Insurance.............................................................. 8 Section 5. Holidays.............................................................................................. 9 Section 6. Vacation Leaves............................................................................... 11 Section 7. Mileage Reimbursement for Private Vehicle Use ............................. 14 Section 8. Sick Leave........................................................................................ 14 Section 9. Longevity Pay (Professional Growth Pay) ........................................ 17 Section 10. Other Leaves With Pay .................................................................. 18 Section 11. Workers' Compensation Leave....................................................... 20 Section 12. Leave of Absence........................................................................... 21 Section 13. Salary Plan..................................................................................... 22 Section 14. Work Schedule ............................................................................... 26 Appendix A. Market Adjustments ....................................................................... 28 EXHIBIT 3 758
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 3
Date Modified: July 1, 2023
The Unrepresented Management/Confidential and Law Employees’ Compensation Plan, consists of a salary administration program and certain benefits specific to six (6) categories of non-represented employees listed in this Plan. This Plan shall be administered by the City Manager who is the City Council's designated representative for determining compensation and benefits for regular status Unrepresented Management/Confidential and Law Employees.
Management Plan "MA" includes the Assistant City Manager, Deputy City Managers and Department Heads. Management Plan "MV" includes Assistant Department Heads, other Middle-Management classifications and the Liability Claims Investigator I/IIs. Confidential Plan "MW" includes other administrative and support staff in the City Manager's Office, City Auditor’s Office, City Clerk’s Office, and the departments of Human Resources, Administrative Services, Municipal Utilities, Fire, and Police. Executive Plan “EP” includes the City Attorney and the Assistant City Attorney. Professional Plan “PP” includes the Deputy City Attorneys. Support Plan “SP” includes all other Law Department personnel.
Unless specifically identified, all terms of this Compensation Plan apply to all groups listed above.
NON-DISCRIMINATION
There shall be no discrimination of any kind on the basis of age (over 40), race, color, religion (creed), national origin (ancestry), military or veteran status, physical and mental disability, medical condition, genetic information, marital status, sexual orientation, sex (gender based including, pregnancy, childbirth, breastfeeding, or related medical conditions), gender identity/expression, political affiliation, concerted labor activity or other protected activity or status, or on any other basis prohibited by applicable Federal and State law against any employee or applicant for employment.
Employees shall cooperate with the City, to the extent authorized by Federal and State laws and regulations, in furthering the City’s objective of promoting equal employment opportunities as defined by Federal and State regulations.
Section 1. Retirement Benefits
1.1 Retirement Benefits
(a) Effective August 1, 2011, Classic miscellaneous employees covered by this Plan shall pay their own statutory employee contribution. Employees will pay seven percent (7%) of their current base salary and other compensation as qualified by state law toward Public Employees’ Retirement System (PERS) for the employee’s PERS contribution.
(b) Under IRS 414h, previously adopted by resolution by the City, the employee’s payment of their own statutory employee contribution will be paid by the employee on a pre-tax basis. Such amounts will be applied to the employee's individual accounts in accordance with California EXHIBIT 3 759
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 4
Date Modified: July 1, 2023
Government Code section 20691.
(c) Classic Police Safety Management Employees- Effective September 16, 2019, the City shall pay all of the normal contributions required to be paid by the member. The amount shall be equal to nine percent (9%) of the Classic Police Safety Management employee’s current “reportable” base salary and other “reportable” special compensation as qualified by California Public Employees’ Retirement Law and California Code of Regulations. Such amounts shall be reported simply as normal contributions and shall be credited to the member’s individual accounts in accordance with Government Code section 20691 (Employer Payment of Member Contributions or EPMC).
(d) Classic Police Safety Management Employees- Effective September 16, 2019, employees shall pay nine percent (9%) toward the employer’s contribution of PERS. This section shall not be construed to permit Police Safety Management employees to receive a “double” EPMC benefit, as employees already receive the EPMC benefit pursuant to section 1.1(c).
1.2 Public Employees’ Retirement System Benefits for Unit Employees hired on or before December 28, 2012.
(a) The City's PERS retirement plan for miscellaneous employees is two percent (2%) at age fifty-five (55) and for safety employees is three percent (3%) at age fifty (50). The City's PERS retirement plan is modified to reflect California Government Code section 21024 (Military Service Credit as Public Service) and section 21027 (Military Service Credit for Retired Persons), as hereinafter may be amended. The City provides PERS California Government Code section 20692 (Employer Paid Member Contributions Converted to Pay rate during the Final Compensation Period) as an added PERS benefit. Internal Revenue Service (IRS) Code 414H(2) will be concurrently implemented with PERS California Government Code section 20692. The City provides PERS California Government Code section 20965 (Credit for Unused Sick Leave) as an added PERS benefit, and the City will provide PERS California Government Code section 21335 up to a five percent (5%) Annual Cost-of-Living Allowance, as an added PERS benefit.
(b) The City’s PERS retirement plan for safety employees shall be the same plan in effect for other similar safety employees in other units.
1.3 PERS Cost sharing for Sworn Fire Unrepresented Employees.
Pursuant to the cost share provisions proposed and agreed to by the Fire and Fire Management bargaining units, the Sworn Fire Unrepresented employees shall have a PERS cost sharing arrangement effective with the adoption of the PERS EXHIBIT 3 760
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 5
Date Modified: July 1, 2023
20516 contract amendment.
(a) PERS 20516 Employee Cost-Share of Employer Contribution.
The parties understand a vote of all individuals covered by the CalPERS agreement is required to implement this CalPERS contract amendment.
Upon successful vote by the covered individuals, the City shall implement the cost sharing amendment under Government Code section 20516 as soon as possible consistent with CalPERS regulation. The City’s contract with CalPERS will be amended to allow for cost sharing for sworn Fire personnel up to a maximum of 14.138%. In accordance with CalPERS regulations, all employees covered by the Fire group under the PERS contract must be treated equally with respect to cost sharing provisions.
Through the cost share provisions, sworn fire employees are to pay nine percent (9%) towards employer’s required PERS contribution.
The City is implementing this CalPERS contract amendment with the following understandings as listed in sections 1.3 (b) and (c) below. (b) Cost Sharing for the Employer's Pick-up of the Employee's Nine Percent (9%) PERS Contribution.
The employee will cost share an employee contribution in the amount of nine percent (9%) of the employee’s current base salary (employee contribution) and other compensation as qualified by PERS towards the employer’s share of cost for PERS pension on a pre-tax basis. If PERS determines that the maximum contribution through a PERS section 20516 amendment is less than the nine percent (9%) and/or some or all of the contributions sunset at a specific time in the future, the City shall deduct the percentage up to nine percent (9%) not covered by the PERS amendment process through a payroll reduction. If legislation is enacted and becomes effective requiring employees under the PERS retirement system to pay all or part of the employees share of retirement thus reducing or eliminating EPMC (Employer Paid Member Contribution), as soon as administratively possible and consistent with PERS regulations, employee’s contribution will be converted to the employers’ share under this 20516 cost share contract amendment to the employee share towards retirement for the percentage required by the new legislation.
(c) Cost Sharing Period
Effective July 1, 2015, the employer cost-share contributions made by these employees will be nine percent (9%).
1.4 Public Employee Retirement System Benefits for Unit Employees hired on or after December 29, 2012.
EXHIBIT 3 761
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 6
Date Modified: July 1, 2023
The City amended its PERS contract to provide a new tier of retirement benefits for employees hired by the City after the PERS amendment goes into effect. (a) For Miscellaneous employees, the new tier shall have a retirement formula of two percent (2%) at sixty (60) with three (3) year average salary formula, standard PERS COLA, and no other additional PERS benefits for all unit employees. All unit employees shall pay the entire seven percent (7%) of the employee’s current base salary and any other compensation as qualified by state law towards PERS retirement benefit through a payroll deduction.
(b) PERS Benefits for Miscellaneous Employees hired on or after January 1, 2013.
Employees with Reciprocity:
Employees who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six (6) months and are considered legacy employees by PERS AB 340, shall be subject to the PERS pension formula of two percent (2%) at sixty (60) with no optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay the employee’s statutory employee’s contribution for these benefits of seven percent (7%).
Employees without Reciprocity:
Employees hired on or after January 1, 2013, shall be subject to the AB340 PERS pension formula of two percent (2%) at sixty-two (62) with no optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay fifty percent (50%) of the City normal cost rate for the two percent (2%) at sixty-two (62) as determined by CalPERS.
(c) PERS Benefits for Safety Employees
The new tiers for Safety employees shall be the same as the Fire employees or Police employees as appropriate under the applicable PERS contract.
Employees with Reciprocity:
Safety employees who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six (6) months and are considered legacy employees by PERS AB 340, shall pay the entire nine percent (9%) of the EXHIBIT 3 762
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 7
Date Modified: July 1, 2023
employee’s current base salary and any other compensation as qualified by state law towards PERS retirement benefit through a payroll deduction.
Employees without Reciprocity:
Safety employees hired on or after January 1, 2013 shall be subject to the AB340 PERS and shall pay fifty percent (50%) of the City normal cost rate for their applicable PERS contract as determined by CalPERS. The City provides PERS California Government Code section 21574 (Fourth Level of 1959 Survivor Benefits) as an added PERS benefit.
1.5 PERS Pick-Up Contribution for Police Chief and Deputy Police Chiefs Effective July 1, 2016, unrepresented police personnel (regardless of status under the PEPRA) shall pay an additional three percent (3%) toward the employer contribution of PERS. For example, Classic Members will pay a total of twelve percent (12%) (nine percent [9%] plus three percent [3%]). The parties recognize that this contribution satisfies the provision of California Government Code 20516.5(b).
Section 2. Group Life Insurance Coverage
Each participant in the program will receive group life insurance coverage paid for by the City of Stockton.
Effective July 1, 2012, the City shall provide, at no cost to the employee, a term life and accidental death and dismemberment insurance policy with a value of fifty thousand dollars ($50,000). In addition, employees may have the opportunity to purchase additional voluntary life insurance through the City’s IRS 125 plan vendor.
Section 3. Long Term Disability (LTD) Insurance Coverage Employees covered by this Compensation Plan, except as provided below will receive long term disability insurance coverage. The benefits of this plan shall be included in the Plan document or contract but are generally summarized as follows:
(a) Each disability approximately sixty-six and two thirds percent (66 2/3%) of salary for MA, MV, MW, EP, PP, and SP employees up to the maximum salary replacement amount as specified in the City’s long-term disability plan.
(b) Disability income payments shall commence after a ninety (90) day waiting period and exhaustion of sick leave accruals.
(c) Benefit payable up to age sixty-five (65).
(d) The City shall continue its normal contribution for employee medical EXHIBIT 3 763
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 8
Date Modified: July 1, 2023
premiums during the ninety (90) days waiting period.
(e) Effective May 1, 2010, Fire Management will receive LTD insurance coverage through the California Association of Professional Firefighters.
The City pays the cost of the insurance premium.
Section 4. Health and Dental Insurance
4.1 Employee Coverage
(a) Choice of Health Plans. Employees covered by this Compensation Plan shall have a choice of enrolling themselves and their eligible dependents in any of the City-sponsored medical, dental and vision plans. Each plan will offer an employee only, employee plus one (1) and employee plus two (2) or more dependents coverage.
(b) Eligibility. Employees shall become eligible for medical, dental and vision insurance on the first day of the month following the date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber or, as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and their dependent cannot be covered by more than one City-offered health plan). (c) City Insurance Contribution.
1) Effective July 1, 2023, the City shall contribute:
• Up to $711.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
• Up to $1,290.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
• Up to $1,719.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
2) Effective July 1, 2024, the City shall contribute:
• Up to $725.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
• Up to $1,316.00 per month toward the cost of the monthly premium EXHIBIT 3 764
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 9
Date Modified: July 1, 2023
for employee plus one (1) dependent medical/dental/vision plan coverage.
• Up to $1,753.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
3) Effective July 1, 2025, the City shall contribute:
• Up to $740.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
• Up to $1,342.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
• Up to $1,788.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
(d) These contributions are based on full-time employment; regular part-time employees shall receive a prorated contribution based on their percentage of full-time employment. The employee, through payroll deductions, shall pay insurance plan premiums that exceed the City’s monthly contribution.
The City shall maintain its IRS Section 125 Plan to allow for employee contributions for medical/dental/vision to be pre-tax premium conversion. (e) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, dental, and vision plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan. Benefits in the Plan shall be in accordance with the Plan document.
4.3 Health and Welfare Benefits During Layoff
Regular status employees who are laid off will have an option of maintaining their existing health and welfare benefits for thirty-six (36) months from the date of layoff, provided timely payments of the premiums by the employee are made to the City, according to City regulations, and provided the employee otherwise meets the requirements of Federal and State regulations.
Section 5. Holidays
5.1 Qualifying for Holiday Pay
All regular status employees, excluding provisional and temporary employees, EXHIBIT 3 765
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 10
Date Modified: July 1, 2023
shall be entitled to take all authorized holidays at full pay not to exceed the employee’s regular work day (e.g. nine (9) hours on a nine (9) hour work day or eight (8) hours on an eight (8) hour work day on the 9/80 schedule) for each of the holidays listed below.
5.2 Holidays Observed by the City
(1) January 1 ……………………………………………………….New Year's Day
(2) Third Monday in January………………......Martin Luther King Jr.’s Birthday (3) Second Monday in February ………………….……………Lincoln's Birthday (4) Third Monday in February ………………………........Washington's Birthday (5) March 31 (FLOATING)…………………………..…...Cesar Chavez Birthday (6) Last Monday in May…………………………….………………..Memorial Day
(7) July 4………………………………………………………...Independence Day
(8) First Monday in September……………………….…………………Labor Day (9) Second Monday in October ……………………….…………..Columbus Day (10) November 11……………………………………….…………..Veteran's Day
(11) Fourth Thursday in November………………………………....Thanksgiving (12) Fourth Friday in November………………………….Day after Thanksgiving (13) December 25…………………………………………………..Christmas Day
(14) Birthday Holiday
Floating holiday must be used within the calendar year. There is no cash value for the unused floating holiday. Employees have not earned and cannot use the floating holiday until the actual holiday occurs (March 31).
Birthday Holiday Leave. The department head with due consideration for the wishes of the employee, may authorize the birthday holiday to be taken within ninety (90) calendar days beginning on the day of the employee’s birthday.
If any of said holidays fall on a Sunday, the following Monday shall be observed as a holiday. If any of said holidays fall on a Saturday, the preceding Friday shall be observed as a holiday.
In order to receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday.
5.3 Compensation for Holidays Worked
Prior approval for holiday work must be secured from the City Manager except in emergency situations where said approval cannot be obtained beforehand.
If an employee works on a holiday, the employee will receive eight (8) hours of holiday pay at their regular rate of pay, actual hours worked will be paid at the time and one half and holiday hours will not be counted as time worked. If an employee EXHIBIT 3 766
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 11
Date Modified: July 1, 2023
works only partial hours on a holiday, partial holiday hours will be counted as time worked for FLSA overtime calculation purposes (up to the employee’s regular work day hours combined maximum).
5.4 Police Chief and Deputy Police Chiefs Holiday Compensation The Police Chief and Deputy Police Chiefs shall receive a five percent (5%) base pay increase effective September 16, 2019, in exchange for eliminating the holiday in lieu add pay.
When the Police Department Administrative offices are closed on a regularly scheduled work day, staff shall use the appropriate number of hours from their personal leave time to take the day off. However, at the sole discretion of the Chief or designee, staff may be scheduled to work on a day when the Police Department offices are closed. In the event the Police Chief or Deputy Chief is scheduled to work on a day when the Police Department offices are closed, they will not be required to use vacation and will be paid for actual hours worked at straight time.
Section 6. Vacation Leaves
The following shall be the vacation leave benefits for all employees covered by this Plan.
For purposes of determining eligibility for sections 6(a) and (b) below, all department heads and Deputy City Managers (MA and EP employees) are to be considered as having been employed by the City of Stockton for at least seven and one-half (7.5) years and shall receive benefits based on that number of years of service. For purposes of determining eligibility for sections 6(a) and (b) all assistant department heads and midmanagement (MV and PP employees) are to be considered as having been employed by the City of Stockton for at least one and one-half (1.5) years and shall receive benefits based on that number of years of service.
(a) Vacation Accrual.
FLSA non-exempt employees. All regular status employees that are FLSA overtime non-exempt, excluding provisional and temporary, shall accrue vacation leave with pay in accordance with the following schedule:
(1) Less than one and one-half (1-1/2) years continuous employment………………………………………80 hours/year.
(2) After one and one-half (1-1/2) to seven and one-half (7-1/2) years continuous employment………………..108 hours/year.
(3) After seven and one-half (7-1/2) to fifteen (15) years continuous employment……………………….144 hours/year.
EXHIBIT 3 767
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 12
Date Modified: July 1, 2023
(4) After fifteen (15) to twenty-five (25) years continuous employment……………………………………..189 hours/year.
(5) Thereafter, seven (7) additional hours for each completed year of service in excess of twenty-five (25) years.
FLSA exempt employees. All regular status employees that are FLSA overtime exempt, excluding provisional and temporary, shall accrue vacation leave with pay in accordance with the following schedule:
(1) Less than one and one-half (1-1/2) years continuous employment……………………………………..120 hours/year.
(2) After one and one-half (1-1/2) to seven and one-half (7-1/2) years continuous employment………………..148 hours/year.
(3) After seven and one-half (7-1/2) to fifteen (15) years continuous employment……………………….188 hours/year.
(4) After fifteen (15) to twenty-five (25) years continuous employment……………………………………..229 hours/year.
(5) Thereafter, seven (7) additional hours for each completed year of service in excess of twenty-five (25) years.
Employees shall accrue their vacation allowance in twenty-four (24) equal amounts on a twice-monthly payroll basis (24 pay periods).
(b) Maximum Vacation Accrual. Employees reaching the maximum hours shall stop accruing additional vacation hours until they are below the caps listed here. No vacation hours maybe added to sick leave balances.
Maximum Vacation Accrual Caps.
40 hour employee (FLSA non-exempt employee)
Under 1.5 yrs. 120 hours
1.5-7.5 yrs. 240 hours
7.5-15 yrs. 280 hours
15-25yrs. 320 hours
26 yrs. 328 hours
27 yrs. 336 hours
28 yrs. 344 hours
29 yrs. 352 hours
Over 29 years shall receive an additional 7 hours for each year of service.
EXHIBIT 3 768
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 13
Date Modified: July 1, 2023
40 hour employee (FLSA exempt employee)
Under 1.5 yrs. 200 hours
1.5-7.5 yrs. 320 hours
7.5-15 yrs. 360 hours
15-25yrs. 400 hours
26 yrs. 408 hours
27 yrs. 416 hours
28 yrs. 424 hours
29 yrs. 431 hours
Over 29 years shall receive an additional 7 hours for each year of service.
(c) Vacation Scheduling. Vacation leaves shall be scheduled with due consideration for the wishes of the employee and to not interfere with the normal operation of the City business. Vacation requests are accepted on a day for day basis.
(d) Holiday during Vacation. If any such paid holidays fall within an employee's vacation leave, the employee will not be charged vacation accrual for that day.
(e) Cash Payment Option. Effective FY 2023/2024 and 2024/2025 only, an employee may elect to receive a cash payment for a maximum of forty (40) hours of unused accumulated vacation balance after the use of a scheduled vacation of forty (40) hours or more in that same or prior fiscal year. To utilize this option, employees must maintain a balance of forty (40) accrued vacation hours after the cash payment. When in effect, this option may be exercised once per fiscal year. Employees may elect this option by December 31 of each year for the cash out the following calendar year. The cash out election is irrevocable and the City will follow IRS regulations regarding cash payment of leave.
(f) Vacation Cash Out Upon Separation. An eligible employee separating from City service for any reason who has unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation shall be made at the final rate of pay. Payment for the unused vacation hours shall be paid post separation date at no later than the second regularly scheduled pay period pay date following separation. Prior to separation from City service, the City does not provide to employees any vacation cash-out or sell back for accrued but unused vacation hours.
EXHIBIT 3 769
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 14
Date Modified: July 1, 2023
Section 7. Mileage Reimbursement for Private Vehicle Use The private vehicle mileage reimbursement will be paid to employees who use their private vehicle for City business travel within the City or out of the City limit. Such usage must be documented. Mileage reimbursement for use of personal vehicle shall be compensated at the current Internal Revenue Service (IRS) rate.
Reimbursement for average mileage on City business greater than 1,000 miles per month will be determined by the City Manager, provided no such reimbursement shall exceed IRS mileage reimbursement rate then in effect.
Section 8. Sick Leave
8.1 Sick Leave Use
(a) Accrual. All regular status full-time employees, except provisional and temporary employees, shall accrue sick leave at the rate of eight (8) hours for each month of completed service.
All regular status employees, except provisional and temporary employees, scheduled to work less than a full month shall accrue sick leave on a prorated basis. Unused sick leave shall accrue from year to year.
Employees shall continue to accrue sick leave while off duty on authorized sick leave; provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee. (b) Usage. Employees are entitled to sick leave pay for those hours, which the employee would normally have worked, to a maximum of the hours accrued, described as:
Preventive medical, dental, optical care, illness, injury, or exposure to contagious disease which incapacitates the employee from performing normal work duties. This includes disabilities caused or contributed by pregnancy, miscarriage, abortion, childbirth, and recovery there from. (c) Family Sick Leave. Employees may utilize up to one-half of their annual sick leave accrual in the case of illness or injury in the employee's immediate family when such illness or injury requires personal care, except in instances where the employee is on approved FMLA or CFRA leave.
Such leave shall be restricted to the employee's parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, brother, sister, brother-in-law, sister-in-law, grandparent and grandchild, legal dependent, and “designated person.” For the purposes of paid sick leave, a “designated person” means a “person identified by the employee at the EXHIBIT 3 770
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 15
Date Modified: July 1, 2023
time the employee requests paid sick leave.” An employee may select one (1) person as “designated person” in a twelve (12) month period. The employee’s child includes a biological, foster, or adopted child, a stepchild, a legal ward, a child of the employee’s registered domestic partner, or a child to whom the employee stands in loco parentis.
It is not the intent of this provision to conflict with any state or federally mandated policies, such as the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), or Pregnancy Disability Leave (PDL). (d) Reporting Procedures for Sick Leave. When the requirement for sick leave is known to the employee in advance of the absence (for example, including but not limited to scheduled medical, dental or vision appointments), the employee shall request authorization for such sick leave from the department head prior to such absence.
If an employee is not able to report due to illness or injury, the employee shall report as soon as possible to the appropriate supervisor, but in no case more than thirty (30) minutes after the start of the work day, except for extenuating circumstances prohibiting giving notice.
Failure to notify as soon as possible and in conforming to the thirty (30) minute notification shall be cause for disciplinary action as determined by the appointing authority.
(e) Verification Procedures
(1) Before being paid for the use of accrued sick leave, the employee shall submit a signed statement to the department head, on a prescribed form, stating the dates and hours of absence, the exact reason, and such other information as is necessary for the request to be evaluated. If an employee doesn't return to work prior to the preparation of the payroll, other arrangements may be made with the department head.
(2) Doctor's Certificate or Other Proof.
The department head or designee may require a doctor’s certificate or other reasonable proof of illness as they deem necessary in order for an employee to receive an excused absence from work and sick leave pay. The employee shall be given notice prior to returning to work that they will be required to provide such documentation.
Employees who have unscheduled absences due to illness on a scheduled work day preceding or following a holiday may be required to bring a doctor’s certificate or other reasonable proof of illness in order to receive an excused absence and sick leave pay. If an EXHIBIT 3 771
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 16
Date Modified: July 1, 2023
employee’s illness results in an absence from work for three (3) or more consecutive work days, a doctor’s certificate or other reasonable proof of illness may be required. In addition, the City may monitor and control the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification.
The department head or designee may make such sick leave usage reviews and may require such additional documentation including a physician’s statement as they deem necessary before approving the sick leave benefit.
(3) If the City has a reasonable basis to believe that an employee is abusing the sick leave benefit, the City or the employee's supervisor must first meet with the employee to: 1) explain the reasonable basis for the believed abuse, and 2) discuss the reasons for the employee's absence. After such meeting, and depending on the factual circumstances, the City may:
(a) Place the employee on restricted sick leave for a period of not more than four (4) months, under the direction of the Director of Human Resources pursuant to section 8.1 (e) and sub
section (2) above;
(b) Suspend the employee without pay for up to five (5) days for abuse of sick leave; or dismissal from employment if a prior suspension involved abuse of sick leave;
(c) Place the employee in an employee assistance program, if agreed to by the employee.
(f) Use of Sick Leave while on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the employee:
(1) Was hospitalized during the period for which sick leave is claimed, or
(2) Received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
8.2 Unused Sick Leave Upon Separation
(a) Payment for Unused Sick Leave
EXHIBIT 3 772
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 17
Date Modified: July 1, 2023
Effective February 17, 2012, all accumulated or future accruals of sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave except as provided below.
(b) CalPERS Service Credit for Unused Sick Leave
Employees shall be eligible for CalPERS service credit for any unused sick leave at retirement not otherwise compensated for in (c) below. Employees hired after the City amends its CalPERS contract to eliminate service credit for unused sick leave shall not be eligible for this service credit. (c) Sick Leave Retention Benefit
If, after subtracting the equivalent of one (1) full year of service credit (2080 hours), which may be applied to CALPERS service credit, any balance remaining upon separation shall be paid as follows to employees who have remained in City service until the dates specified:
(1) Separation prior to July 1, 2014, no payment of unused sick leave at separation shall occur for separating employees before this date; (2) Separation between July 1, 2014 and June 30, 2015, payment of unused sick leave which the employee held on 2/16/12 shall be paid at thirty-five percent (35%) of its cash value to separating employees between these dates; and
(3) Separation after July 1, 2015, payment of unused sick leave which the employee held on 2/16/12 shall be paid at fifty percent (50%) of its cash value to separating employees after this date. (4) Service credit for unused sick leave shall be in accordance with PERS regulations.
Section 9. Longevity Pay (Professional Growth Pay)
Effective August 1, 2011, all longevity pay shall be eliminated for all employees covered by this Plan. However, the City shall grandfather only those employees who have completed twelve (12) continuous years of service with the City as of July 1, 2012, and who are receiving a Longevity Pay of two and one-half percent (2.5%) as of that date.
Employees as of August 1, 2011 receiving a higher Longevity Pay based on benefits received by another unit shall also be grandfathered but they shall have their current Longevity Pay reduced by two and one-half percent (2.5%) and then frozen at those levels at that time. As of July 1, 2012, longevity incentive pay allowance for these grandfathered employees shall be reduced to one and one-half percent (1.5%). Employees receiving a higher Longevity Pay based on benefits received by another unit shall have their remaining EXHIBIT 3 773
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 18
Date Modified: July 1, 2023
longevity reduced by one percent (1.%) effective July 1, 2012.
Unrepresented Police Safety personnel shall be eligible to receive the same longevity incentive pay allowance as Stockton Police Management Association members, as follows:
(a) If the Unrepresented Police Safety employee is not otherwise eligible for the grandfathered Unrepresented Longevity Pay, the City shall pay threequarters of one percent (.75%) of base salary for longevity pay, upon completion of twelve (12) years of continuous service as a public safety member of the Stockton Police Department.
(b) The City shall pay an additional one and three-quarters percent (1.75%) for a total of two and one-half percent (2.5%), upon completion of eighteen (18) years of continuous service as a public safety member of the Stockton Police Department.
(c) The City shall pay an additional two percent (2%) for a total of four and onehalf percent (4.5%), upon completion of twenty-four (24) years of continuous service as a public safety member of the Stockton Police Department.
Section 10. Other Leaves With Pay
10.1 Bereavement Leave. In the event of a death in the immediate family of an employee, they shall, upon request, be granted up to three (3) days bereavement leave with pay without charge to their accumulated sick leave or vacation leave.
The employee shall, upon request, be granted an additional two (2) days bereavement leave which shall be charged against the employee’s accumulated sick leave or vacation leave. For the purposes of this paragraph, the immediate family shall be restricted to the employee’s parents, current step parents, spouse, mother-in-law, father-in-law, child, stepchild, brother, sister, son-in-law, daughterin-law, brother-in-law, sister-in-law, grandparent, grandchild, and registered domestic partner.
In the event of the death of a person not immediately related to an employee as defined above, the employee's department head may grant up to three (3) days bereavement leave upon request which shall be charged against the employee's accumulated sick leave or vacation leave. Bereavement Leave will not be counted against the employee under the City’s absence control policy when evaluating the employee’s work performance.
10.2 Jury Duty Leave/Court Appearance. Upon approval by the department head, an employee, other than a provisional or temporary employee, shall be permitted authorized absence from duty for appearance in court because of jury service, in obedience to subpoena or by direction of proper authority, in accordance with the following provisions:
EXHIBIT 3 774
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 19
Date Modified: July 1, 2023
Said covered absence will be for actual hours served (including travel time) on jury duty or testifying as a witness in a criminal case, other than a defendant. Authorized absence for jury or court leave shall include the time from when the employee is ordered to appear until the time the employee is released from the court. As a condition of receiving such pay, the employee must remit to the City, through the employee's department head, within fifteen (15) days after receipt, all fees received except those specifically allowed for mileage and expenses.
If an employee is not due to appear for jury duty or as a witness until an afternoon court session, the employee will be expected to work their usual morning schedule.
Upon being excused from the court each day, the employee must return to work if they have more than two (2) hours remaining before the end of their workday.
Said absence from duty will be without pay when the employee appears in private litigation to which the City of Stockton is not a party.
Any fees allowed, except for reimbursement of expenses incurred, shall be remitted to the City through the employee's department.
Notwithstanding the foregoing, attendance in court in connection with an employee's official duties or on behalf of the City of Stockton in connection with a case in which the City of Stockton is not a party, together with travel time necessarily involved, shall not be considered absent from work within the meaning of this Section.
10.3 Military Leave. An employee of the City who is a member of the National Guard or Naval Militia or a member of Reserve Corps or Force of the Federal Military, Naval or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) calendar days in any calendar year.
All regular status employees in the service of the City shall be allowed a leave of absence without pay for the duration of a national emergency who have been inducted into the Army, Navy, Marine Corps, Air Force or any other branch of the Military Service of the United States or the State of California. Said employees shall be reinstated in the service, except as hereinafter stated, providing they are physically fit as shown by a medical examination by the City Physician or other physician appointed to make a medical examination.
All probationary employees inducted into the Military Service not having served the minimum probationary period of six (6) months, shall be allowed a leave of absence without pay for the duration of a national emergency, but said employees shall be placed at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physically fit as above specified and shall serve the balance of their probationary period before EXHIBIT 3 775
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 20
Date Modified: July 1, 2023
attaining the status of a regular status employee.
Two (2) or more regular status employees granted a military leave of absence without pay from the same position shall be reemployed according to their seniority of employment providing they are physically fit as above specified.
10.4 Management Time Leave. The Chief of Police, Deputy Chief of Police II, and Deputy Chief of Police I shall receive forty (40) hours of paid-management timeleave each fiscal year. The management time-leave of forty (40) hours may not carry over from fiscal year to fiscal year, be used for sell-back purposes, or paid for any unused leave-time upon separation of City employment.
10.5 State Disability Insurance. As soon as administratively possible after approval of the amended Unrepresented Compensation Plan by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employee contributions will begin under the State Disability Insurance (SDI) program offered by the State of California Employment Development Department. SDI will be coordinated with other benefits.
Section 11. Workers' Compensation Leave
11.1 Workers’ Compensation Leave
(a) Workers' Compensation Benefits shall be provided in accordance with State law and schedules whenever an employee is absent from duty because of disability caused by illness or injury arising out of and in the course of employment which has been declared to be compensable under the Workers' Compensation Law. Any salary continuation program benefits that are in addition to the State benefits that were in effect on July 31, 2011 shall be eliminated effective August 1, 2011. An employee on Workers’ Compensation may use accrued leave, if needed, to supplement benefits, up to the amount required to receive a full paycheck.
(b) Forms and Procedures. Workers’ compensation processing shall be consistent with City procedures and in accordance with state workers’ compensation regulations. An employee who sustains a work-related injury or illness shall immediately inform their supervisor no matter how minor an on-the-job injury may appear. An employee who sustains a work-related injury or illness is required to seek medical care at facilities designated by the City unless they have filed a pre-designation of personal physician prior to sustaining the work-related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact the Human Resources Department.
EXHIBIT 3 776
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 21
Date Modified: July 1, 2023
Section 12. Leave of Absence
12.1 Leave of Absence
Employees shall not be entitled to leave of absence as a matter of right, but only in accordance with the provisions of law and the City of Stockton Municipal Code.
Unless otherwise provided, the granting of a leave of absence also grants to the employee the right to return to a position in the same classification or equivalent classification, as the employee held at the same time the leave was granted. The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.
All approval authority over leaves of absence exercised by the department head under this section shall be subject to review by the Director of Human Resources, whose ruling shall be final.
(a) Purpose and Length. Only employees occupying regular positions on a regular basis are eligible for leaves of absence without pay under the provisions of this section.
An appointing authority may grant leave of absence without pay for personal reasons up to a maximum of twelve (12) months with approval of the Director of Human Resources.
Leaves of absence without pay on account of illness or injury, which are not job incurred, may be granted for a maximum period of twelve (12) months with approval of the Director of Human Resources.
Such a leave will be granted only after all accrued sick leave has been used and shall be substantiated by a physician’s statement.
(b) Application for and Approval of Leave of Absence Without Pay.
Employees shall not be entitled to Leave of Absence Without Pay as a matter of right, but only upon the determination of the City that it is in the best interest of public service and that there is a presumption that the employee intends to return to work upon the expiration of the leave of absence. In order to receive leave without pay, an employee must submit a request on the prescribed form to their department head and the Director of Human Resources describing the reasons for the request and all other information required for the department head or their representative, to evaluate the request. Leaves without pay may be cancelled by the department at any time.
(c) Employees on authorized leaves of absence without pay shall not be entitled to payment by the City of the premiums for their health and dental EXHIBIT 3 777
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 22
Date Modified: July 1, 2023
insurance, except as provided hereinafter.
The entitlement to City payment of premium shall end on the last day of the month in which the employee was paid except that employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plan by prepayment of the full monthly premium during the authorized leave of absence.
Authorized absence without pay which exceeds thirty (30) consecutive calendar days, except military leave, shall not be included in determining salary adjustment rights, based on length of employment. Periods of time during which an employee is required to be absent from their position by reason of any injury or disease for which they are entitled to and currently receiving Workers’ Compensation benefits shall be included in computing length of service for the purpose of determining that employee’s salary adjustment.
12.2 Absence Without Official Leave (AWOL)
(a) Failure to Report to Duty or Failure to Return After Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or cancelled or at the expiration for a leave shall be considered an absence without official leave and the employee shall be subject to discipline.
(b) Voluntary Resignation. Any employee without official leave for two (2) or more consecutive scheduled days or absent an aggregate of sixteen (16) hours in any calendar month without a satisfactory explanation as approved by the Director of Human Resources shall be deemed to have voluntarily resigned from the City of Stockton, except if the absence is due to a verified illness or injury.
Section 13. Salary Plan
For a current Salary Schedule, please visit www.stocktonca.gov.
13.1 Salary Increases
(a) Effective July 1, 2023, employees will receive a four percent (4%) Cost of Living Adjustment (COLA) to base pay.
(b) Effective July 1, 2024, employees will receive a three percent (3%) COLA to base pay.
(c) Effective July 1, 2025, employees will receive a three percent (3%) COLA to base pay.
EXHIBIT 3 778
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 23
Date Modified: July 1, 2023
(d) Market adjustments will be provided in year two (2) and year three (3) of the contract as follows:
1) First, the total three (3) year COLA shall be deducted from the “median” position in the market.
2) Effective July 1, 2024, certain classifications will receive a market adjustment of no more than seven percent (7%) as outlined in Appendix A.
3) Finally, effective July 1, 2025, certain classifications will receive the remaining percentage to bring the classification to the median of the market as outlined in Appendix A.
(e) Lump Sum Payment.
1) Each employee who is employed in the bargaining unit as of July 1, 2024 will receive a two thousand ($2000) lump sum non-pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
2) Each employee who is employed in the bargaining unit as of July 1, 2025 will receive a two thousand ($2000) lump sum non-pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
Salary step increases will be effective the first day of the pay period following appointment or revision. If the date of appointment or revision is the first day of a pay period, salary step increases will be as of that date.
13.2 Salary Step when Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee’s step held in the previous range, unless otherwise specifically provided by the Director of Human Resources.
13.3 Salary Step after Promotion or Demotion
When an employee is promoted from a position in one rank to a position in a higher rank and at the time of promotion is receiving a base salary equal to, or greater than, the minimum base step rate for the higher rank, that employee shall be entitled to a step in the range of the higher rank which is at least five percent (5%) above the employee’s current base salary, except that the next step shall not exceed the maximum salary of the higher rank. Add pays are not included in the EXHIBIT 3 779
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 24
Date Modified: July 1, 2023
calculation of base salary for purposes of this section. When an employee is demoted, whether such demotion is voluntary or otherwise, that employee’s compensation shall be adjusted to the salary prescribed for the class to which demoted.
13.4 Acting Pay
An employee who is assigned in writing to work in a higher paid classification and who performs a majority of the duties of that higher position after five (5) days shall receive the rate of pay in a step of the higher classification which would have been received if the employee had been promoted into that classification.
The increased rate of pay will commence with the first day of the assignment; however, to qualify the employee must meet the above conditions before being eligible for Acting Pay.
13.5 Pay Equity Adjustments
The City recognizes that there may be a need for special salary adjustments for selected classifications as a result of recruitment problems, reclassifications, and/or organizational changes. The City, in its sole discretion, may make such adjustments.
13.6 Special Assignment Pay
The department head, with the concurrence of the Director of Human Resources may approve additional compensation in an amount not to exceed one (1) additional salary step when an employee is assigned to perform additional duties and responsibilities for the duration of the special assignment.
13.7 Temporary Upgrade Pay
Hourly or daily rate of pay upgrade for employees who are assigned to temporarily perform the duties of other employees of a higher level classification. The employee must not perform any of the duties for their own job classification while working in the higher level classification.
13.8 Salary Step after Military Leave
All employees who have been granted military leave shall, upon their return to City service, be entitled to the automatic salary advancements within the range scale of the established wage schedule of their classifications for the period they were in the military service.
13.9 Uniform Allowance
EXHIBIT 3 780
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 25
Date Modified: July 1, 2023
Employees required to wear uniforms shall be paid an annual uniform allowance, one-half payable in April and one-half payable in October each year. Employees in the following classifications receive the following annual uniform allowance:
o Chief of Police - $1,200.00
o Deputy Chief of Police II - $1,200.00
o Deputy Chief of Police I - $1,200.00
o Fire Chief - $950.00
o Deputy Fire Chief II - $950.00
o Deputy Fire Chief I - $950.00
Effective July 1, 2024, employees in the following classifications receive the following annual uniform allowance:
o Fire Chief - $1,000.00
o Deputy Fire Chief II - $1,000.00
o Deputy Fire Chief I - $1,000.00
13.10 Certificate Incentive Pay-Sworn Police Chiefs or Deputy Chiefs (a) The City shall pay six percent (6.%) of the top step in rank for sworn personnel who attain a P.O.S.T. Supervisory Certificate. (b) The City shall pay an additional five percent (5.%) for a total of eleven percent (11%) of top salary step in rank for sworn personnel who attain a P.O.S.T. Management certificate or higher, upon completion of two (2) continuous years of service in rank and upon completion of management course.
13.11 Bi-Weekly Pay Period
The City may move to bi-weekly pay as soon as it is administratively possible. This may not be administratively possible until the City implements a new payroll system.
13.12 “Y”-Rate
When an employee's classification is changed to a lower paid classification as the result of a classification study or other personnel action, the employee may be placed on a "Y" rate. A "Y" rate means that the monthly compensation for the employee will remain in effect until such time as further changes in the pay range of the new classification exceeds the "Y" rate.
13.13 CalPERS Reportability
The City makes no representation as to whether any of the compensation or EXHIBIT 3 781
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN _____________________________________________________________________ City of Stockton 26
Date Modified: July 1, 2023
payments in this Unrepresented Compensation Plan are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this Unrepresented Compensation Plan is outside of the City’s control.
Section 14. Work Schedule
14.1 Employees in FLSA exempt job classifications shall not be eligible for overtime for extra hours worked to perform duties of their assigned position.
14.2 Department heads are responsible for personally approving any overtime pay for FLSA non-exempt employees within their respective departments, with a report submitted to the City Manager at the end of each pay period explaining the overtime.
14.3 Overtime
Non-exempt employees will receive overtime at the appropriate rate when authorized in writing by the department head prior to the overtime worked. The following provisions pertaining to authorized statutorily required overtime work shall apply to FLSA non-exempt employees:
(a) Statutory overtime shall be paid on actual time worked in excess of forty (40) hours in any workweek. Such overtime shall be paid for at time and one-half (1-1/2) including employees employed on a per hour or per day basis or except as provided elsewhere herein. Observed holidays, floating holidays, jury duty leave, bereavement leave, and sick leave hours taken shall be considered as time worked for overtime calculation purposes.
Vacation, or other time taken as compensated time off shall not be considered as actual time worked for overtime calculation purposes. (b) Employees assigned to an alternate work schedule (e.g. 4/10, 9/80, etc.) shall be compensated at the overtime rate for all time worked in excess of their regularly scheduled hours.
(c) Temporary Upgrade Pay. Employees assigned to work overtime in a position or classification other than the position or classification to which they are permanently appointed will be paid overtime at the hourly rate attached to the position or classification in which they are performing such overtime work.
14.4 Compensatory Time Off (CTO)
(a) Definition. As used in this section, the term Compensatory Time Off (CTO) refers to that time which an employee is entitled to be absent from duty with EXHIBIT 3 782
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 2023
27 pay for hours worked in addition to or excess of their normal work schedule.
For the purpose of this section, CTO shall apply only to Non-Exempt employees.
(b) CTO in Lieu of Overtime Compensation. Employees may voluntarily elect to receive overtime compensation in the form of CTO at the rate of one and one-half (1-1/2) hours of CTO for each hour of overtime earned under section 14.3 (a).
EXHIBIT 3 783
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 2023
28 Appendix A. Market Adjustments
Year 1 - Effective 7/1/23 Rate Calculation
Year 2 - Effective 7/1/24 COLA year 1 (4%) Current hourly x 0.04 Year 3 - Effective 7/1/25 MA year 1 (0%) N/A
Year 1 - Monthly Salary (Current hourly + COLA) x 173.34 COLA year 2 (3%) Year 1 hourly x 0.03
MA year 2 (5%) Current hourly x 0.05
Year 2 - Monthly Salary
(Current hourly + all increases) x
173.34
COLA year 3 (3%) (Current hourly + all increases) x 0.03 MA year 3 (2%) Current hourly x 0.02
Year 3 - Monthly Salary
(Current hourly + all increases) x
173.34
*Monthly hours of 173.34 are calculated from 86.67 x 2
Hourly/Monthly Steps
1 2 3 4 5 6
Accounting Manager current monthly
9,008.22
9,458.44
9,931.16
10,427.52
10,948.68
11,495.88
current hourly
51.9685
54.5658
57.2930
60.1564
63.1630
66.3198
COLA year 1 (4%)
2.0787
2.1826
2.2917
2.4063
2.5265
2.6528
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
9,368.55
9,836.77
10,328.42
10,844.61
11,386.62
11,955.71
COLA year 2 (3%)
1.6214
1.7025
1.7875
1.8769
1.9707
2.0692
MA year 2 (1.99%)
1.0342
1.0859
1.1401
1.1971
1.2569
1.3198
Year 2 - Monthly Salary
9,828.87
10,320.10
10,835.90
11,377.46
11,946.10
12,543.15
COLA year 3 (3%)
1.7011
1.7861
1.8754
1.9691
2.0675
2.1708
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
10,123.73
10,629.70
11,160.98
11,718.78
12,304.48
12,919.44
EXHIBIT 3 784
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 2023
29 Budget Analyst II
(Confidential) current monthly
6,508.08
6,833.48
7,175.14
7,533.92
7,910.62
8,306.16
current hourly
37.5452
39.4224
41.3935
43.4633
45.6364
47.9183
COLA year 1 (4%)
1.5018
1.5769
1.6557
1.7385
1.8255
1.9167
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
6,768.41
7,106.82
7,462.16
7,835.29
8,227.04
8,638.40
COLA year 2 (3%)
1.1714
1.2300
1.2915
1.3561
1.4239
1.4951
MA year 2 (2.9%)
1.0888
1.1432
1.2004
1.2604
1.3235
1.3896
Year 2 - Monthly Salary
7,160.20
7,518.19
7,894.10
8,288.83
8,703.26
9,138.44
COLA year 3 (3%)
1.2392
1.3012
1.3662
1.4345
1.5063
1.5816
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
7,375.00
7,743.74
8,130.92
8,537.49
8,964.35
9,412.59
Budget Analyst I
(Confidential) current monthly
5,316.54
5,582.38
5,861.48
6,154.56
6,462.28
6,785.42
current hourly
30.6712
32.2048
33.8149
35.5057
37.2810
39.1451
COLA year 1 (4%)
1.2268
1.2882
1.3526
1.4202
1.4912
1.5658
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
5,529.21
5,805.68
6,095.93
6,400.74
6,720.78
7,056.83
COLA year 2 (3%)
0.9569
1.0048
1.0550
1.1078
1.1632
1.2213
MA year 2 (7%)
2.1470
2.2543
2.3670
2.4854
2.6097
2.7402
Year 2 - Monthly Salary
6,067.24
6,370.61
6,689.12
7,023.58
7,374.76
7,743.51
COLA year 3 (3%)
1.0501
1.1026
1.1577
1.2156
1.2764
1.3402
MA year 3 (8.64%)
2.6500
2.7825
2.9216
3.0677
3.2211
3.3821
Year 3 - Monthly Salary
6,708.61
7,044.05
7,396.22
7,766.04
8,154.35
8,562.08
EXHIBIT 3 785
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 2023
30 Assistant City Attorney current monthly
12,618.26
13,248.92
13,911.08
14,606.32
15,336.34
16,102.86
current hourly
72.7949
76.4331
80.2531
84.2640
88.4755
92.8975
COLA year 1 (4%)
2.9118
3.0573
3.2101
3.3706
3.5390
3.7159
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
13,123.00
13,778.87
14,467.52
15,190.57
15,949.80
16,746.97
COLA year 2 (3%)
2.2712
2.3847
2.5039
2.6290
2.7604
2.8984
MA year 2 (7%)
5.0956
5.3503
5.6177
5.8985
6.1933
6.5028
Year 2 - Monthly Salary
14,399.97
15,119.66
15,875.32
16,668.73
17,501.83
18,376.58
COLA year 3 (3%)
2.4922
2.6168
2.7475
2.8849
3.0290
3.1804
MA year 3 (1.98%)
1.4413
1.5134
1.5890
1.6684
1.7518
1.8394
Year 3 - Monthly Salary
15,081.81
15,835.58
16,627.01
17,458.00
18,330.55
19,246.71
Assistant City Clerk current monthly
6,433.94
6,763.92
7,109.86
7,474.18
7,858.12
8,260.46
current hourly
37.1175
39.0211
41.0168
43.1186
45.3336
47.6547
COLA year 1 (4%)
1.4847
1.5608
1.6407
1.7247
1.8133
1.9062
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
6,691.31
7,034.47
7,394.25
7,773.15
8,172.45
8,590.88
COLA year 2 (3%)
1.1581
1.2175
1.2797
1.3453
1.4144
1.4868
MA year 2 (7%)
2.5982
2.7315
2.8712
3.0183
3.1734
3.3358
Year 2 - Monthly Salary
7,342.42
7,718.98
8,113.76
8,529.53
8,967.69
9,426.84
COLA year 3 (3%)
1.2708
1.3359
1.4043
1.4762
1.5520
1.6315
MA year 3 (4.6%)
1.7074
1.7950
1.8868
1.9835
2.0853
2.1921
Year 3 - Monthly Salary
7,858.66
8,261.69
8,684.23
9,129.23
9,598.20
10,089.63
EXHIBIT 3 786
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 2023
31 Records Research Specialist current monthly
4,022.56
4,228.54
4,445.06
4,673.28
4,912.04
5,163.68
current hourly
23.2062
24.3945
25.6436
26.9602
28.3376
29.7893
COLA year 1 (4%)
0.9282
0.9758
1.0257
1.0784
1.1335
1.1916
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
4,183.47
4,397.68
4,622.86
4,860.21
5,108.52
5,370.22
COLA year 2 (3%)
0.7240
0.7611
0.8001
0.8412
0.8841
0.9294
MA year 2 (7%)
1.6244
1.7076
1.7951
1.8872
1.9836
2.0853
Year 2 - Monthly Salary
4,590.55
4,825.61
5,072.70
5,333.15
5,605.62
5,892.79
COLA year 3 (3%)
0.7945
0.8352
0.8779
0.9230
0.9702
1.0199
MA year 3 (1.89%)
0.4386
0.4611
0.4847
0.5095
0.5356
0.5630
Year 3 - Monthly Salary
4,804.29
5,050.30
5,308.90
5,581.47
5,866.63
6,167.17
Deputy City Clerk II current monthly
3,908.16
4,109.14
4,318.64
4,540.88
4,773.02
5,017.90
current hourly
22.5462
23.7057
24.9143
26.1964
27.5356
28.9483
COLA year 1 (4%)
0.9018
0.9482
0.9966
1.0479
1.1014
1.1579
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
4,064.48
4,273.51
4,491.39
4,722.52
4,963.94
5,218.61
COLA year 2 (3%)
0.7034
0.7396
0.7773
0.8173
0.8591
0.9032
MA year 2 (1.22%)
0.2751
0.2892
0.3040
0.3196
0.3359
0.3532
Year 2 - Monthly Salary
4,234.10
4,451.85
4,678.82
4,919.59
5,171.09
5,436.39
COLA year 3 (3%)
0.7328
0.7705
0.8098
0.8514
0.8950
0.9409
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
4,361.12
4,585.40
4,819.18
5,067.18
5,326.22
5,599.48
EXHIBIT 3 787
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 2023
32 Deputy City Clerk I current monthly
3,547.22
3,728.38
3,919.50
4,120.48
4,331.40
4,553.62
current hourly
20.4639
21.5090
22.6116
23.7711
24.9879
26.2699
COLA year 1 (4%)
0.8186
0.8604
0.9045
0.9508
0.9995
1.0508
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
3,689.10
3,877.50
4,076.27
4,285.30
4,504.66
4,735.77
COLA year 2 (3%)
0.6385
0.6711
0.7055
0.7417
0.7796
0.8196
MA year 2 (1.42%)
0.2906
0.3054
0.3211
0.3375
0.3548
0.3730
Year 2 - Monthly Salary
3,850.14
4,046.77
4,254.22
4,472.37
4,701.30
4,942.50
COLA year 3 (3%)
0.6663
0.7004
0.7363
0.7740
0.8137
0.8554
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
3,965.65
4,168.18
4,381.85
4,606.54
4,842.34
5,090.78
Outreach Supervisor current monthly
5,016.20
5,273.68
5,544.04
5,827.28
6,126.90
6,440.54
current hourly
28.9385
30.4239
31.9836
33.6176
35.3461
37.1555
COLA year 1 (4%)
1.1575
1.2170
1.2793
1.3447
1.4138
1.4862
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
5,216.85
5,484.63
5,765.80
6,060.37
6,371.97
6,698.16
COLA year 2 (3%)
0.9029
0.9492
0.9979
1.0489
1.1028
1.1593
MA year 2 (1.96%)
0.5672
0.5963
0.6269
0.6589
0.6928
0.7282
Year 2 - Monthly Salary
5,471.67
5,752.53
6,047.44
6,356.39
6,683.21
7,025.33
COLA year 3 (3%)
0.9470
0.9956
1.0466
1.1001
1.1567
1.2159
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
5,635.82
5,925.10
6,228.86
6,547.08
6,883.71
7,236.09
EXHIBIT 3 788
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 2023
33 Outreach Worker current monthly
3,807.22
4,002.66
4,207.48
4,422.82
4,649.88
4,887.48
current hourly
21.9639
23.0914
24.2730
25.5153
26.8252
28.1959
COLA year 1 (4%)
0.8786
0.9237
0.9709
1.0206
1.0730
1.1278
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
3,959.51
4,162.77
4,375.78
4,599.73
4,835.88
5,082.98
COLA year 2 (3%)
0.6853
0.7205
0.7573
0.7961
0.8369
0.8797
MA year 2 (1.33%)
0.2921
0.3071
0.3228
0.3394
0.3568
0.3750
Year 2 - Monthly Salary
4,128.93
4,340.89
4,563.01
4,796.55
5,042.80
5,300.47
COLA year 3 (3%)
0.7146
0.7513
0.7897
0.8301
0.8728
0.9174
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
4,252.80
4,471.11
4,699.90
4,940.45
5,194.08
5,459.48
Assistant Director of
Community Development current monthly
11,126.48
11,696.66
12,296.02
12,917.26
13,585.92
14,278.90
current hourly
64.1888
67.4781
70.9358
74.5198
78.3773
82.3751
COLA year 1 (4%)
2.5676
2.6991
2.8374
2.9808
3.1351
3.2950
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
11,571.55
12,164.52
12,787.85
13,433.95
14,129.36
14,850.06
COLA year 2 (3%)
2.0027
2.1053
2.2132
2.3250
2.4454
2.5701
MA year 2 (7%)
4.4932
4.7235
4.9655
5.2164
5.4864
5.7663
Year 2 - Monthly Salary
12,697.55
13,348.22
14,032.21
14,741.18
15,504.25
16,295.08
COLA year 3 (3%)
2.1976
2.3102
2.4286
2.5513
2.6833
2.8202
MA year 3 (1.7%)
1.0912
1.1471
1.2059
1.2668
1.3324
1.4004
Year 3 - Monthly Salary
13,267.62
13,947.51
14,662.21
15,403.01
16,200.34
17,026.67
EXHIBIT 3 789
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 2023
34 Director of Economic
Development current monthly
13,096.64
13,750.54
14,437.28
15,159.28
15,917.72
16,712.62
current hourly
75.5546
79.3270
83.2888
87.4540
91.8295
96.4153
COLA year 1 (4%)
3.0222
3.1731
3.3316
3.4982
3.6732
3.8566
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
13,620.50
14,300.56
15,014.77
15,765.65
16,554.43
17,381.13
COLA year 2 (3%)
2.3573
2.4750
2.5986
2.7286
2.8651
3.0082
MA year 2 (1.52%)
1.1484
1.2058
1.2660
1.3293
1.3958
1.4655
Year 2 - Monthly Salary
14,228.18
14,938.59
15,684.66
16,469.04
17,293.02
18,156.60
COLA year 3 (3%)
2.4625
2.5854
2.7145
2.8503
2.9929
3.1424
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
14,655.03
15,386.75
16,155.20
16,963.11
17,811.81
18,701.30
Deputy Director of Human
Resources current monthly
9,171.08
9,629.44
10,110.70
10,616.04
11,146.62
11,703.70
current hourly
52.9080
55.5523
58.3287
61.2440
64.3049
67.5188
COLA year 1 (4%)
2.1163
2.2221
2.3331
2.4498
2.5722
2.7008
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
9,537.92
10,014.61
10,515.12
11,040.68
11,592.48
12,171.86
COLA year 2 (3%)
1.6507
1.7332
1.8199
1.9108
2.0063
2.1066
MA year 2 (3.1%)
1.6401
1.7221
1.8082
1.8986
1.9935
2.0931
Year 2 - Monthly Salary
10,108.36
10,613.56
11,144.01
11,700.99
12,285.80
12,899.83
COLA year 3 (3%)
1.7495
1.8369
1.9287
2.0251
2.1263
2.2326
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
10,411.61
10,931.97
11,478.33
12,052.02
12,654.37
13,286.82
EXHIBIT 3 790
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 2023
35 Human Resources Analyst I current monthly
4,791.50
5,036.12
5,294.76
5,566.28
5,850.68
6,151.46
current hourly
27.6422
29.0534
30.5455
32.1119
33.7526
35.4878
COLA year 1 (4%)
1.1057
1.1621
1.2218
1.2845
1.3501
1.4195
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
4,983.16
5,237.56
5,506.55
5,788.93
6,084.70
6,397.51
COLA year 2 (3%)
0.8624
0.9065
0.9530
1.0019
1.0531
1.1072
MA year 2 (7%)
1.9350
2.0337
2.1382
2.2478
2.3627
2.4841
Year 2 - Monthly Salary
5,468.06
5,747.22
6,042.38
6,352.24
6,676.79
7,020.04
COLA year 3 (3%)
0.9464
0.9947
1.0458
1.0994
1.1556
1.2150
MA year 3 (6.27%)
1.7332
1.8216
1.9152
2.0134
2.1163
2.2251
Year 3 - Monthly Salary
5,932.53
6,235.40
6,555.63
6,891.81
7,243.93
7,616.34
Human Resources Technician current monthly
4,339.74
4,562.12
4,796.18
5,041.94
5,299.44
5,570.98
current hourly
25.0360
26.3189
27.6692
29.0870
30.5725
32.1390
COLA year 1 (4%)
1.0014
1.0528
1.1068
1.1635
1.2229
1.2856
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
4,513.33
4,744.60
4,988.03
5,243.62
5,511.41
5,793.81
COLA year 2 (3%)
0.7811
0.8211
0.8633
0.9075
0.9539
1.0027
MA year 2 (6.34%)
1.5873
1.6686
1.7542
1.8441
1.9383
2.0376
Year 2 - Monthly Salary
4,923.87
5,176.18
5,441.74
5,720.59
6,012.74
6,320.83
COLA year 3 (3%)
0.8522
0.8958
0.9418
0.9901
1.0406
1.0939
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
5,071.59
5,331.46
5,605.00
5,892.20
6,193.12
6,510.45
EXHIBIT 3 791
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 2023
36 Human Resources Assistant II current monthly
3,313.32
3,483.02
3,660.92
3,849.34
4,045.98
4,254.28
current hourly
19.1146
20.0936
21.1199
22.2069
23.3413
24.5430
COLA year 1 (4%)
0.7646
0.8037
0.8448
0.8883
0.9337
0.9817
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
3,445.86
3,622.35
3,807.36
4,003.32
4,207.82
4,424.45
COLA year 2 (3%)
0.5964
0.6269
0.6589
0.6929
0.7282
0.7657
MA year 2 (7%)
1.3380
1.4066
1.4784
1.5545
1.6339
1.7180
Year 2 - Monthly Salary
3,781.17
3,974.83
4,177.85
4,392.87
4,617.27
4,854.99
COLA year 3 (3%)
0.6544
0.6879
0.7231
0.7603
0.7991
0.8403
MA year 3 (0.55%)
0.1051
0.1105
0.1162
0.1221
0.1284
0.1350
Year 3 - Monthly Salary
3,912.82
4,113.23
4,323.32
4,545.83
4,778.04
5,024.04
Human Resources Assistant I current monthly
3,006.68
3,161.16
3,322.68
3,493.56
3,672.60
3,861.06
current hourly
17.3456
18.2368
19.1686
20.1544
21.1873
22.2745
COLA year 1 (4%)
0.6938
0.7295
0.7667
0.8062
0.8475
0.8910
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
3,126.95
3,287.61
3,455.59
3,633.31
3,819.51
4,015.50
COLA year 2 (3%)
0.5412
0.5690
0.5981
0.6288
0.6610
0.6950
MA year 2 (7%)
1.2142
1.2766
1.3418
1.4108
1.4831
1.5592
Year 2 - Monthly Salary
3,431.23
3,607.52
3,791.85
3,986.85
4,191.18
4,406.24
COLA year 3 (3%)
0.5938
0.6244
0.6563
0.6900
0.7254
0.7626
MA year 3 (0.74%)
0.1284
0.1350
0.1418
0.1491
0.1568
0.1648
Year 3 - Monthly Salary
3,556.42
3,739.14
3,930.19
4,132.31
4,344.09
4,567.00
EXHIBIT 3 792
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 2023
37 Senior Risk Analyst current monthly
7,347.58
7,722.10
8,118.86
8,534.34
8,972.06
9,432.00
current hourly
42.3882
44.5489
46.8378
49.2347
51.7599
54.4133
COLA year 1 (4%)
1.6955
1.7820
1.8735
1.9694
2.0704
2.1765
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
7,641.47
8,030.99
8,443.62
8,875.72
9,330.94
9,809.28
COLA year 2 (3%)
1.3225
1.3899
1.4613
1.5361
1.6149
1.6977
MA year 2 (0.52%)
0.2204
0.2317
0.2436
0.2560
0.2692
0.2829
Year 2 - Monthly Salary
7,908.92
8,312.08
8,739.15
9,186.37
9,657.53
10,152.61
COLA year 3 (3%)
1.3688
1.4386
1.5125
1.5899
1.6714
1.7571
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
8,146.19
8,561.44
9,001.32
9,461.96
9,947.25
10,457.18
Risk Analyst II current monthly
6,122.20
6,437.04
6,767.08
7,113.50
7,478.66
7,861.38
current hourly
35.3190
37.1353
39.0394
41.0379
43.1445
45.3524
COLA year 1 (4%)
1.4128
1.4854
1.5616
1.6415
1.7258
1.8141
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
6,367.08
6,694.51
7,037.77
7,398.05
7,777.81
8,175.84
COLA year 2 (3%)
1.1020
1.1586
1.2180
1.2804
1.3461
1.4150
MA year 2 (5.3%)
1.8719
1.9682
2.0691
2.1750
2.2867
2.4037
Year 2 - Monthly Salary
6,882.57
7,236.51
7,607.56
7,997.01
8,407.52
8,837.77
COLA year 3 (3%)
1.1912
1.2524
1.3166
1.3840
1.4551
1.5296
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
7,089.05
7,453.61
7,835.79
8,236.92
8,659.74
9,102.90
EXHIBIT 3 793
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 2023
38 Risk Analyst I current monthly
4,791.50
5,036.12
5,294.76
5,566.28
5,850.68
6,151.46
current hourly
27.6422
29.0534
30.5455
32.1119
33.7526
35.4878
COLA year 1 (4%)
1.1057
1.1621
1.2218
1.2845
1.3501
1.4195
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
4,983.16
5,237.56
5,506.55
5,788.93
6,084.70
6,397.51
COLA year 2 (3%)
0.8624
0.9065
0.9530
1.0019
1.0531
1.1072
MA year 2 (7%)
1.9350
2.0337
2.1382
2.2478
2.3627
2.4841
Year 2 - Monthly Salary
5,468.06
5,747.22
6,042.38
6,352.24
6,676.79
7,020.04
COLA year 3 (3%)
0.9464
0.9947
1.0458
1.0994
1.1556
1.2150
MA year 3 (16.95%)
4.6854
4.9246
5.1775
5.4430
5.7211
6.0152
Year 3 - Monthly Salary
6,444.26
6,773.25
7,121.11
7,486.29
7,868.78
8,273.31
Risk/ Loss Control Officer current monthly
6,104.12
6,417.20
6,746.24
7,092.50
7,456.02
7,838.10
current hourly
35.2147
37.0209
38.9191
40.9167
43.0138
45.2181
COLA year 1 (4%)
1.4086
1.4808
1.5568
1.6367
1.7206
1.8087
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
6,348.28
6,673.89
7,016.09
7,376.20
7,754.25
8,151.63
COLA year 2 (3%)
1.0987
1.1551
1.2143
1.2766
1.3420
1.4108
MA year 2 (5.64%)
1.9861
2.0880
2.1950
2.3077
2.4260
2.5503
Year 2 - Monthly Salary
6,883.00
7,236.04
7,607.06
7,997.50
8,407.40
8,838.25
COLA year 3 (3%)
1.1912
1.2523
1.3166
1.3841
1.4551
1.5296
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
7,089.49
7,453.12
7,835.27
8,237.43
8,659.62
9,103.40
EXHIBIT 3 794
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 2023
39 Director of Information
Technology current monthly
13,096.64
13,750.54
14,437.28
15,159.28
15,917.72
16,712.62
current hourly
75.5546
79.3270
83.2888
87.4540
91.8295
96.4153
COLA year 1 (4%)
3.0222
3.1731
3.3316
3.4982
3.6732
3.8566
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
13,620.50
14,300.56
15,014.77
15,765.65
16,554.43
17,381.13
COLA year 2 (3%)
2.3573
2.4750
2.5986
2.7286
2.8651
3.0082
MA year 2 (2.72%)
2.0551
2.1577
2.2655
2.3787
2.4978
2.6225
Year 2 - Monthly Salary
14,385.34
15,103.60
15,857.91
16,650.95
17,484.03
18,357.15
COLA year 3 (3%)
2.4897
2.6140
2.7445
2.8818
3.0260
3.1771
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
14,816.90
15,556.70
16,333.65
17,150.48
18,008.55
18,907.87
Public Information Officer I current monthly
5,016.20
5,273.68
5,544.04
5,827.28
6,126.90
6,440.54
current hourly
28.9385
30.4239
31.9836
33.6176
35.3461
37.1555
COLA year 1 (4%)
1.1575
1.2170
1.2793
1.3447
1.4138
1.4862
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
5,216.85
5,484.63
5,765.80
6,060.37
6,371.97
6,698.16
COLA year 2 (3%)
0.9029
0.9492
0.9979
1.0489
1.1028
1.1593
MA year 2 (7%)
2.0257
2.1297
2.2389
2.3532
2.4742
2.6009
Year 2 - Monthly Salary
5,724.49
6,018.32
6,326.86
6,650.09
6,992.01
7,349.94
COLA year 3 (3%)
0.9907
1.0416
1.0950
1.1509
1.2101
1.2721
MA year 3 (23.27%)
6.7340
7.0796
7.4426
7.8228
8.2250
8.6461
Year 3 - Monthly Salary
7,063.49
7,426.06
7,806.76
8,205.60
8,627.50
9,069.15
EXHIBIT 3 795
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 2023
40 Assistant Director of MUD current monthly
11,592.74
12,172.14
12,780.50
13,419.26
14,089.92
14,794.14
current hourly
66.8786
70.2212
73.7308
77.4158
81.2849
85.3475
COLA year 1 (4%)
2.6751
2.8088
2.9492
3.0966
3.2514
3.4139
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
12,056.45
12,659.03
13,291.72
13,956.02
14,653.52
15,385.90
COLA year 2 (3%)
2.0866
2.1909
2.3004
2.4154
2.5361
2.6628
MA year 2 (4.9%)
3.2771
3.4408
3.6128
3.7934
3.9830
4.1820
Year 2 - Monthly Salary
12,986.18
13,635.23
14,316.71
15,032.25
15,783.53
16,572.39
COLA year 3 (3%)
2.2475
2.3599
2.4778
2.6016
2.7317
2.8682
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
13,375.77
14,044.29
14,746.21
15,483.22
16,257.04
17,069.56
Chief Water Systems
Operator current monthly
8,581.82
9,022.22
9,485.10
9,970.46
10,480.96
11,019.22
current hourly
49.5086
52.0493
54.7196
57.5197
60.4648
63.5700
COLA year 1 (4%)
1.9803
2.0820
2.1888
2.3008
2.4186
2.5428
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
8,925.09
9,383.11
9,864.50
10,369.28
10,900.21
11,459.99
COLA year 2 (3%)
1.5447
1.6239
1.7073
1.7946
1.8865
1.9834
MA year 2 (0.05%)
0.0248
0.0260
0.0274
0.0288
0.0302
0.0318
Year 2 - Monthly Salary
9,197.14
9,669.12
10,165.18
10,685.35
11,232.45
11,809.30
COLA year 3 (3%)
1.5918
1.6734
1.7593
1.8493
1.9440
2.0438
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
9,473.05
9,959.19
10,470.13
11,005.91
11,569.43
12,163.58
EXHIBIT 3 796
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 2023
41 Chief Plant Operator - Water current monthly
8,581.82
9,022.22
9,485.10
9,970.46
10,480.96
11,019.22
current hourly
49.5086
52.0493
54.7196
57.5197
60.4648
63.5700
COLA year 1 (4%)
1.9803
2.0820
2.1888
2.3008
2.4186
2.5428
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
8,925.09
9,383.11
9,864.50
10,369.28
10,900.21
11,459.99
COLA year 2 (3%)
1.5447
1.6239
1.7073
1.7946
1.8865
1.9834
MA year 2 (0.05%)
0.0248
0.0260
0.0274
0.0288
0.0302
0.0318
Year 2 - Monthly Salary
9,197.14
9,669.12
10,165.18
10,685.35
11,232.45
11,809.30
COLA year 3 (3%)
1.5918
1.6734
1.7593
1.8493
1.9440
2.0438
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
9,473.05
9,959.19
10,470.13
11,005.91
11,569.43
12,163.58
Chief Plant Operator -
Wastewater current monthly
8,581.82
9,022.22
9,485.10
9,970.46
10,480.96
11,019.22
current hourly
49.5086
52.0493
54.7196
57.5197
60.4648
63.5700
COLA year 1 (4%)
1.9803
2.0820
2.1888
2.3008
2.4186
2.5428
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
8,925.09
9,383.11
9,864.50
10,369.28
10,900.21
11,459.99
COLA year 2 (3%)
1.5447
1.6239
1.7073
1.7946
1.8865
1.9834
MA year 2 (0.05%)
0.0248
0.0260
0.0274
0.0288
0.0302
0.0318
Year 2 - Monthly Salary
9,197.14
9,669.12
10,165.18
10,685.35
11,232.45
11,809.30
COLA year 3 (3%)
1.5918
1.6734
1.7593
1.8493
1.9440
2.0438
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
9,473.05
9,959.19
10,470.13
11,005.91
11,569.43
12,163.58
EXHIBIT 3 797
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 2023
42 Chief of Police current monthly
15,787.60
16,579.84
17,444.94
18,324.34
19,275.00
20,260.56
current hourly
91.0788
95.6493
100.6400
105.7133
111.1977
116.8833
COLA year 1 (4%)
3.6432
3.8260
4.0256
4.2285
4.4479
4.6753
Salary Adjustment year 1 (4.4%)
4.0075
4.2086
4.4282
4.6514
4.8927
5.1429
Year 1 - Monthly Salary
17,113.76
17,972.56
18,910.31
19,863.59
20,894.11
21,962.44
COLA year 2 (3%)
2.9619
3.1105
3.2728
3.4378
3.6161
3.8010
Salary Adjustment year 2 (1%)
0.9108
0.9565
1.0064
1.0571
1.1120
1.1688
Year 2 - Monthly Salary
17,785.05
18,677.53
19,652.07
20,642.74
21,713.68
22,823.92
COLA year 3 (3%)
3.0781
3.2325
3.4012
3.5726
3.7580
3.9501
Salary Adjustment year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
18,318.60
19,237.86
20,241.63
21,262.02
22,365.09
23,508.63
Deputy Chief of Police II current monthly
13,795.40
14,487.66
15,243.60
16,012.00
16,842.74
17,703.90
current hourly
79.5858
83.5794
87.9405
92.3734
97.1659
102.1340
COLA year 1 (4%)
3.1834
3.3432
3.5176
3.6949
3.8866
4.0854
Salary Adjustment year 1 (4.4%)
3.5018
3.6775
3.8694
4.0644
4.2753
4.4939
Year 1 - Monthly Salary
14,954.22
15,704.62
16,524.07
17,357.01
18,257.53
19,191.04
COLA year 2 (3%)
2.5881
2.7180
2.8598
3.0040
3.1598
3.3214
Salary Adjustment year 2 (1%)
0.7959
0.8358
0.8794
0.9237
0.9717
1.0213
Year 2 - Monthly Salary
15,540.80
16,320.63
17,172.23
18,037.84
18,973.68
19,943.81
COLA year 3 (3%)
2.6896
2.8246
2.9720
3.1218
3.2838
3.4517
Salary Adjustment year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
16,007.02
16,810.25
17,687.39
18,578.98
19,542.89
20,542.12
EXHIBIT 3 798
UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton
Date Modified: July 1, 2023
43 Deputy Chief of Police I current monthly
13,138.48
13,797.78
14,517.72
15,249.56
16,040.70
16,860.86
current hourly
75.7960
79.5995
83.7528
87.9748
92.5389
97.2705
COLA year 1 (4%)
3.0318
3.1840
3.3501
3.5190
3.7016
3.8908
Salary Adjustment year 1 (4.4%)
3.3350
3.5024
3.6851
3.8709
4.0717
4.2799
Year 1 - Monthly Salary
14,242.11
14,956.79
15,737.20
16,530.51
17,388.11
18,277.18
COLA year 2 (3%)
2.4649
2.5886
2.7236
2.8609
3.0094
3.1632
Salary Adjustment year 2 (1%)
0.7580
0.7960
0.8375
0.8797
0.9254
0.9727
Year 2 - Monthly Salary
14,800.76
15,543.47
16,354.49
17,178.93
18,070.16
18,994.11
COLA year 3 (3%)
2.5616
2.6901
2.8305
2.9732
3.1274
3.2873
Salary Adjustment year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
15,244.78
16,009.78
16,845.13
17,694.29
18,612.27
19,563.93
Administrative Aide I
(Confidential) current monthly
4,421.84
4,648.56
4,886.10
5,136.82
5,399.54
5,676.64
current hourly
25.5096
26.8176
28.1880
29.6344
31.1500
32.7486
COLA year 1 (4%)
1.0204
1.0727
1.1275
1.1854
1.2460
1.3099
MA year 1 (0%)
-
-
-
-
-
-
Year 1 - Monthly Salary
4,598.71
4,834.51
5,081.55
5,342.30
5,615.52
5,903.71
COLA year 2 (3%)
0.7959
0.8367
0.8795
0.9246
0.9719
1.0218
MA year 2 (5.48%)
1.3979
1.4696
1.5447
1.6240
1.7070
1.7946
Year 2 - Monthly Salary
4,978.99
5,234.28
5,501.76
5,784.07
6,079.88
6,391.90
COLA year 3 (3%)
0.8617
0.9059
0.9522
1.0011
1.0522
1.1062
MA year 3 (0%)
-
-
-
-
-
-
Year 3 - Monthly Salary
5,128.35
5,391.31
5,666.81
5,957.59
6,262.28
6,583.66
EXHIBIT 3 799
100‐000 GENERAL FUND 1,610,814 176,348 310,481 2,097,643 100‐115 GENERAL FUND MEASURE A 184,585 20,172 32,585 237,343 100‐120 LIBRARY 242,786 34,130 49,439 326,356 100‐125 RECREATION 63,127 7,847 12,386 83,360 100‐130 EMERGENCY COMMUNICATIONS 88,537 11,685 24,198 124,420 100‐140 BOAT LAUNCH 2,050 216 405 2,671 100‐145 ENTERTAINMENT VENUES 3,669 295 722 4,687 210‐000 STRONG COMMUNITIES 121,783 16,753 24,322 162,857 220‐221 COMMUNITY DEVELOPMENT 276,047 26,770 55,107 357,924 220‐225 FIRE PREVENTION 64,321 7,611 13,322 85,254 230‐231 CDBG 26,674 2,667 5,314 34,655 230‐233 HOME 5,661 492 1,134 7,287 240‐242 GAS TAX 37,630 3,213 7,293 48,135 255‐000 SOLID WASTE & RECYCLING 50,246 5,680 9,952 65,878 260‐261 SPECIAL FUNDS ‐ SJAFCA 7,637 517 1,480 9,633 260‐262 SPECIAL FUNDS ‐ STATE COPS 6,710 984 1,414 9,109 270‐000 MAINTENANCE DISTRICT FUND 20,175 2,307 3,899 26,382 290‐293 LOW MOD INC HOUSING FUND 2,029 162 396 2,587 300‐000 GOVERNMENTAL CIP FUND 150,515 13,038 29,500 193,053 310‐322 PFF AIR QUALITY 529 74 105 708 310‐323 PFF ADMINISTRATION 10,743 1,043 2,129 13,915 400‐000 DEBT SERVICE 16,850 1,245 3,334 21,428 500‐000 FLEET ISF 33,952 4,106 6,589 44,647 510‐511 TECHNOLOGY ISF 248,586 24,620 48,417 321,623 510‐515 COMMUNICATIONS ISF 6,372 590 1,236 8,198 520‐000 GENERAL LIABILITY INSURANCE ISF 59,180 5,087 11,739 76,006 530‐000 WORKERS COMPENSATION ISF 24,914 2,445 6,442 33,801 540‐000 HEALTH BENEFITS ISF 33,001 3,680 6,546 43,227 550‐000 RETIREMENT ISF 1,966 246 390 2,602 570‐000 OTHER BENEFITS ISF 6,534 1,038 1,265 8,838 600‐000 WATER UTILITY FUND 147,660 14,263 29,129 191,052 610‐000 WASTEWATER UTILITY FUND 257,039 26,241 50,819 334,099 620‐000 STORMWATER UTILITY FUND 43,120 4,421 8,512 56,052 630‐000 UTILITY CUSTOMER SERVICE 25,605 3,370 5,028 34,004 650‐000 PARKING AUTHORITY FUND 1,801 157 362 2,321 700‐000 SUCCESSOR AGENCY 1,195 98 234 1,528 Grand Total 3,884,042 423,612 765,626 5,073,281 Fund
Number Fund Name
COLA and Market
Increase Health Total
Other ‐ Sellback,
Add Pays, etc.
FY 2023‐24 Budget Amendment for MOU Changes Effective 7/1/2023 EXHIBIT 4
CITY OF STOCKTON
800
City of Stockton
Legislation Text
File #: 23-0711, Version: 1
APPROVE THE EXPANSION OF THE EXISTING RECRUITMENT SOFTWARE SYSTEM NEOGOV
RECOMMENDATION
It is recommended that the City Council approve a motion to expand the existing recruitment software system, Governmentjobs.com, Inc. (dba NeoGov), to implement additional modules to assist with attracting, communicating, testing, onboarding, training and offboarding applicants.
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 agreement.
Summary
Human Resources is requesting to implement additional modules within our current recruiting software system, NeoGov. The additional portals will include:
· Onboarding/Offboarding
· Attract - Applicant Search and Recommendations
· Learn - 30/60/90-day new hire training program & all city-wide training · TestGenius for online typing test, Microsoft office tests, etc. · Text Messaging
The new onboarding/offboarding division along with Workforce Planning will set up, implement, and utilize these modules. Both divisions will also receive training to identify how to use our existing and new modules to their fullest capabilities. The Human Resource Department directors will also attend and provide support and guidance.
DISCUSSION
Background
Human Resources met with IT Department staff to discuss setup, and no additional support is needed since the system is already active.
FINANCIAL SUMMARY
The cost of these services is $277,609.40 for FY 2023-24 through FY 2025-26 which will be paid by the General Liability Fund and General Fund.
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· $114,990.00 - General Liability Fund 2530-000-630006-520-000-00-25-000-000- · $162,619.40 - General Fund 2510-000-630006-100-000-10-25-000-000- The FY 2023-24 Annual Budget includes an appropriation to cover the first year of the contract.
Costs for the subsequent years will be budgeted in the same account and subject to Council approval during the annual budget development process.
Attachment A - NeoGov Service Agreement
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Exhibit A
Order Form
NEOGOV Customer:
Governmentjobs.com, Inc. (dba "NEOGOV")
2120 Park Pl, Suite 100
El Segundo, CA 90245
United States
[email protected]
Sales Rep: Kim Goerlitz
Stockton, City of (CA)
City of Stockton Personnel Services Department 6
East Lindsay Street
Stockton, CA 95202
USA
Quote Valid From: 7/13/2023 Quote Number: Q-11682
Quote Valid To: 8/31/2023 PaymentTerms: Annual,Net 30
Subscription Term in Months: 36
Employee Count: 1,749
Order Summary
Year 1
Service Description Type Start Date End Date Term Price (USD) Onboard Subscription RECURRING $9,339.20
Onboard Setup ONE-TIME $4,795.00
Attract Subscription RECURRING $10,673.60
Attract Setup ONE-TIME $5,985.00
Learn Subscription RECURRING $20,280.00
Learn Setup ONE-TIME $5,985.00
Position Import Subscription RECURRING $1,323.20
Position Import Setup ONE-TIME $4,410.00
Biddle Online TestGenius Subscription RECURRING $7,196.00 Professional Services Online Training ONE-TIME $2,730.00 Candidate Text Messaging Subscription RECURRING $1,066.40 Year 1 TOTAL: $73,783.40
ATTACHMENT A 803
Year 2
Service Description Type Start Date End Date Term Price (USD) Onboard Subscription RECURRING $16,343.60
Attract Subscription RECURRING $18,678.80
Learn Subscription RECURRING $35,490.00
Position Import Subscription RECURRING $2,315.60
Biddle Online TestGenius Subscription RECURRING $8,095.50 Candidate Text Messaging Subscription RECURRING $1,866.20 Year 2 TOTAL: $82,789.70
Year 3
Service Description Type Start Date End Date Term Price (USD) Onboard Subscription RECURRING $24,515.40
Attract Subscription RECURRING $28,018.20
Learn Subscription RECURRING $53,235.00
Position Import Subscription RECURRING $3,473.40
Biddle Online TestGenius Subscription RECURRING $8,995.00 Candidate Text Messaging Subscription RECURRING $2,799.30 Year 3 TOTAL: $121,036.30
ORDER TOTAL (USD) : $277,609.40
ATTACHMENT A 804
A. Terms and Conditions
1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned upon the acceptance by Customer of the terms of the NEOGOV Services Agreement either affixed hereto or the version most recently published prior to execution of this Ordering Form available at https://www.neogov.com/service-specifications. Unless otherwise stated, all capitalized terms used but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services Agreement.
2. Effectiveness & Modification. Neither Customer nor NEOGOV will be bound by this Ordering Document until it has been signed by its authorized representative (the “Effective Date”). Unless otherwise stated in this Ordering Document, all SaaS Subscriptions shall commence on the Effective Date. This Ordering Document may not be modified or amended except through a written instrument signed by the parties.
3. Summary of Fees. Listed above is a summary of Fees under this Order. Once placed, your order shall be non-cancelable and the sums paid nonrefundable, except as provided in the Agreement.
4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict with the Services Agreement, applicable Schedules, and Service Specifications.
B. Special Conditions (if any).
1. Initial Term: 3 Years. Multi-year contracts will be invoiced one year at a time.
2. Professional Services includes Insight Assessment and 4 hours of live, online training.
3. Pricing includes up to 2 free passes to the 2023 3-day NEOGOV Ignite User Conference. "Stockton, City of
(CA)"
Signature:
Customer_DS1
Print Name:
CustomerName_DS1
Date:
CustomerDate_DS1
ATTACHMENT A 805
City of Stockton
Legislation Text
File #: 23-0646, Version: 1
APPROVE A MOTION TO AUTHORIZE A CYBERSECURITY SOFTWARE ENTERPRISE
AGREEMENT
RECOMMENDATION
It is recommended that the City Council approve a motion:
1. Authorizing the City Manager to execute a Standard Agreement and all other associated documents with CDW-G for cybersecurity software subscription services in the amount of $2,241,616.22 for a term of five years and an additional $375,000.00 contingency for a total estimated amount of $2,616,616.22;
2. Approving findings under Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bid process, and;
3. Authorizing the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this motion.
Summary
The City of Stockton uses a standard hardware and software platform for networking and telecommunication services. In recent years this business model has added licensing and subscription services for the use of essential networking and security features, and the City has expanded its applications portfolio to include critical cybersecurity software and subscriptions to the day-to-day operations and provides stability of the City’s networking systems.
Staff recommends entering into an Enterprise Agreement (EA) to reduce overall costs and to improve the manageability of the various software licensing and subscriptions procured by the City of Stockton.
Staff recommends that Council authorize the City Manager to enter a 5-year agreement with preferred reseller CDW-G in the amount of $2,241,616.22 for existing services and an additional $375,000.00 contingency for a total expenditure authority of $2,616,616.22 through FY 2027-28 (Attachment A).
DISCUSSION
Background
The Information Technology (IT) Department supports over 2,400 computers, printers, servers, and mobile devices on large, complex, wired, and wireless secure computer data networks. The City City of Stockton Page 1 of 4 Printed on 8/16/2023
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utilizes a standardized technology for its hardware and software platform, with approximately 600 network devices and software to support this equipment. This infrastructure allows users access to email, software applications (Word, Excel, Computer-Aided Dispatch, Records Management Systems, etc.), network drives, the Internet, private and public WiFi, VoIP phones, and all hosted services.
In recent years this business model has expanded, adding licensing and subscription services for the use of essential networking and security features, and the City has expanded its usage to include critical subscriptions to the daily operations and provides stability of the City’s network systems.
The IT Department’s highest priority is to continue providing a range of systems and services that City departments rely on to efficiently carry out their work, including email, calendar, and ease of email access from all devices. In addition, the IT Department recognizes that an integrated suite of office productivity software, online document storage, and collaborative online workspaces are industry standards and will continue to allow City departments to work more effectively and collaboratively. We continue to strive for an easy-to-use, reliable, secure, ‘‘always on” IT infrastructure for the City.
Present Situation
In recent years the City has purchased additional cybersecurity products and subscriptions to maintain and secure the City’s network systems and services. Separate purchase orders are issued for each product subscription, varying from annual to multi-year coverage periods. The current annualized cost of existing cybersecurity software and licenses is approximately $548,000. Over the next five years, anticipating inflation rates at 5% annually, the City estimates this cost at $3,026,000.
Staff proposes procuring cybersecurity software through an EA to reduce the overall cost by purchasing it as a bundled package. Using an EA, the City will pay an annual fee and subscribe to the software at a substantially discounted price, with an estimated savings of $784,384 over the contract’s life (see Table 1).
Table 1: Five-Year Financial Summary
Product Type Enterprise Agreement Purchased separately
(current business model)
Cost Savings of EA
Existing Cybersecurity
software licenses and
subscriptions
$2,241,616 $3,026,000 $784,384
In addition to the baseline savings analysis reported in Table 1, the EA also includes a significant benefit of 20% growth allowance for future licensing growth in existing, qualifying products for the contract duration at no additional cost.
The EA allows the City to purchase a broad range of services that provide additional tools for City employees to work more productively and securely. This package provides tools within an integrated system and includes automatic product updates and upgrades. This package offers modernized tools and follows best practices in the technology industry, including greater flexibility in IT operations. This approach frees up IT staff time to work on other projects. It also provides agility in providing data and City of Stockton Page 2 of 4 Printed on 8/16/2023
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application services to the cloud.
The City’s standard product line used for its critical networking infrastructure and cybersecurity applications has been deemed confidential to safeguard the integrity of City systems. For this reason, Exhibit A Scope of Work, which includes EA End User Acceptance for cybersecurity software, is incorporated into the contract (Attachment A) by reference, but is not included in Attachment A..
Staff recommends Council adopt findings to support using the single available source as an exception to the competitive bidding process. The City utilizes a standard networking environment with proprietary system features and integrated cybersecurity applications. Using other manufacturers’ applications could result in reduced reliability due to incompatibility with proprietary system features of the City’s network infrastructure. For these reasons, only one manufacturer can provide the City’s standard cybersecurity software EA.
We received three bids from preferred resellers for the City’s standard cybersecurity software and subscription services to ensure fair and reasonable pricing. CDW-G was the lowest reseller bid received for existing services. Leveraging the EA saves the City time and resources and achieves cost savings that the City would not attain if purchased separately. This agreement ensures the City will receive the best products available at the lowest cost.
Staff recommends that Council authorize the City Manager to enter a 5-year agreement with preferred reseller CDW-G, in the amount of $2,241,616.22 for existing services and an additional $375,000.00 contingency for a total expenditure authority of $2,616,616.22 through FY 2027-28.
Findings:
Stockton Municipal Code section 3.68.070(A)(4) provides an exception to the competitive bidding process for sole source vendors in cases where the City Council has approved findings that support and justify the exception. The proposed findings are as follows:
1. The City continues to need core, cloud-based, enterprise cybersecurity software products.
2. The City utilizes a standard product line for its networking infrastructure and cybersecurity applications. Using other manufacturers’ applications could reduce reliability due to incompatibility with proprietary system features.
3. Utilizing the current City standard for its infrastructure technology will leverage investments in employee training resulting in greater efficiency and collaboration realized through this technology.
4. Continuing to utilize current technology will increase user productivity by enabling integration with other automated systems the City is currently using.
5. The City will realize substantial savings by using the Enterprise Agreement with CDW-G for cybersecurity software and subscription services.
6. The City has an ongoing business relationship with CDW-G that has benefited the City with discounted pricing and reliable timeliness of deliveries.
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FINANCIAL SUMMARY
Expenditures for the Cybersecurity Software EA are estimated as follows:
Fiscal Year Agreement Amount Contingency Total
FY 2023-24 $ 455,028.22 $ 75,000.00 $ 530,028.22
FY 2024-25 $ 446,647.00 $ 75,000.00 $ 521.647.00
FY 2025-26 $ 446,647.00 $ 75,000.00 $ 521.647.00
FY 2026-27 $ 446,647.00 $ 75,000.00 $ 521.647.00
FY 2027-28 $ 446,647.00 $ 75,000.00 $ 521.647.00
TOTAL $ 2,241,616.22 $ 375,000.00 $ 2,616,216.22
The City will fund purchases using this agreement through the Technology Internal Service Fund 510 and will not exceed budget authority through the annual budget process. There is a sufficient budget for this expenditure in the current FY 2023-24 appropriation, account number 3020-000-650002.
Funding for subsequent contract years will be subject to approval through the annual budget development process.
Attachment A - Cybersecurity Software Enterprise Agreement City of Stockton Page 4 of 4 Printed on 8/16/2023
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1 (ZĞǀ͘ϭϬ.Ϯϳ.ϮϮ)
CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”) to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: Terminates on:
_____________________________________________________________________________
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
J
([KLELW*6SHFLDO)XQGLQJ'RHV1RW$SSO\ ,IDSSOLFDEOHFKHFNER[
<(6 ____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address
CITY OF STOCKTON
_________________________________________________________BB________________ +DUU\%ODFN City Manager Date
ATTEST:
____________________________________________________________________________ (OL]D5*DU]D&0&, City Clerk
APPROVED AS TO FORM:
/RUL0$VXQFLRQ, City Attorney
BY:
Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms Conditions
(d) Exhibit D –
H
Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
ATTACHMENT A
1 'RHV 1RW $SSO\
CDW Government, LLC Cybersecurity Software Enterprise Agreement Upon execution 9/1/2028 (5 years)
2,616,616.22
Goods and Services Special Terms and Conditions
ARPA
CDW Government, LLC
Dario Bertocci, VP Contracting Operations
75 Remittance Dr. STE 1515, Chicago, IL 60675-1515
810
1 (Rev. 10.30.18)
EXHIBIT A
STATEMENT OF WORK
This page is intentionally left blank. Scope of Work is confidential. Contract documents are maintained by the City Clerk’s Office.
ATTACHMENT A
2 811
REV 2022-05-25
EXHIBIT B:
INSURANCE REQUIREMENTS
This page is intentionally left blank. Insurance is not required.
ATTACHMENT A
3 812
1 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 08.09.23 MAM-TJ-DF)
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement. City’s sole and exclusive remedy and Contractor’s entire liability with respect to this warranty will be, at the sole option of Contractor, to either (a) use its reasonable commercial efforts to reperform or cause to be reperformed any services not in substantial compliance with this warranty, or (b) refund amounts paid by City related to the portion of the services not in substantial compliance, provided, in each case, City notifies Contractor in writing within fifteen (15) business days after performance of the applicable services.
5. Ownership of Work. All uniquely developed or first conceived reports, work product, and/or all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, uniquely developed or first conceived drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter for such aforementioned materials is hereby assigned to the City and the Contractor and its approved subcontractors agree to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own
ATTACHMENT A
4 813
2 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 08.09.23 MAM-TJ-DF) expense. Contractor and its approved subcontractors shall keep materials confidential.
Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
6. Timeliness. Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City.
Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working
ATTACHMENT A
5 814
3 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 08.09.23 MAM-TJ-DF) conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any subcontractors 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.
10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement with at least thirty (30) days’ prior written notice to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.
11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement if the other party fails to cure such material default or breach within a commercially reasonable timeframe as specifically identified in a written notification.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this
ATTACHMENT A
6 815
4 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 08.09.23 MAM-TJ-DF) Agreement.
12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.
13. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
14. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
15. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
16. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
17. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At a mutually agreed upon time during normal business hours, and no more than one (1) time each twelve (12) month period, the records shall be made available to the City to inspect and audit to verify the accuracy of amounts paid hereunder. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
18. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
19. Conflicts of Interest. Contractor covenants that other than this Agreement, and to the best of its knowledge, 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 of degree by the performance of Contractor’s services under this
ATTACHMENT A
7 816
5 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 08.09.23 MAM-TJ-DF) Agreement. If such an interest arises, Contractor shall immediately notify the City.
20. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
21. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
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 the City or for any amount due Contractor.
23. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
24. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations.
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
25. Force Majeure. Neither party shall be responsible for delays or failures in
ATTACHMENT A
8 817
6 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 08.09.23 MAM-TJ-DF) performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.
26. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
27. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
28. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
29. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
30. Entire Agreement, Integration, and Modification.
30.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
30.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
32. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
33. Terms of Use. The City’s rights in software, including SaaS, will be governed by the software publisher’s standard end user license agreement, unless the City has negotiated alternative terms directly with the publisher, in which case the alternative terms will govern.
ATTACHMENT A
9 818
1 (Rev. 4.18.22; Mod 8.9.23 MAM-TJ-DL)
EXHIBIT D
GOODS AND SERVICES TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the purchase of goods and services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other
ATTACHMENT A
10 819
2 (Rev. 4.18.22; Mod 8.9.23 MAM-TJ-DL)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance
In addition to Exhibit C, Section 5 and 18, Contractor agrees as follows:
4.1 By delivery of completed work, Contractor certifies that the work conforms to all applicable federal, state, and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration, or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to hold the City’s confidential information in a manner at least as protective as it holds its own confidential information. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses.
Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance, or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid annually, on a not to exceed basis, based upon the rates set forth in Exhibit A and E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
ATTACHMENT A
11 820
3 (Rev. 4.18.22; Mod 8.9.23 MAM-TJ-DL)
7. Findings Confidential
All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
8. Right of Inspection
All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contractor, the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.
9. Warranty
Contractor will provide warranties offered by the software publisher.
10. Ownership
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acceptance, Deliverable delivered by Contractor shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Contractor, or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.
ATTACHMENT A
12 821
4 (Rev. 4.18.22; Mod 8.9.23 MAM-TJ-DL)
11. Applicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor provide associated Safety Data Sheets (“SDS”) to City for any applicable Deliverable, to the extent provided by the manufacturer.
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
12. Deliveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contractor liable for damages incurred due to the untimely delivery including, but not limited to, the additional costs resultant from manufacturer reinstatement fees or from City procuring substitute Deliverables elsewhere.
13. Price and Quantities
Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.
ATTACHMENT A
13 822
1 (Rev. 10.30.18)
EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $2,616,616.22 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any, and contingency, as needed. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement. This Agreement is for the total amount of $2,616,616.22 to include $2,241,616.22 for existing software products, including 20% growth allowance for qualified security suites and $375,000 contingency for new software products, as needed.
1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Section 5 Compensation), shall be compensated to the Contractor.
Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.
Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.
Reimbursement shall be made at actual costs with no markup added to the actual cost.
1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.
Thereafter, Contractor must complete services based on the Agreement without
ATTACHMENT A
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2 (Rev. 10.30.18)
additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.
1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed ___NA_%.
2. Task Price. The price for the services and reimbursable expenses are described in Exhibit A of this Agreement and shall be paid according to the Annual Billing Commitment (attached in Exhibit A).
3. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.
Hourly Billable Rate Schedule
Title Role on Project
Hourly
Billable
Rates
NA $
4. Additional Fees. Should a purchase order (PO) be issued for additional services that require the following items, the unit prices are as follows:
Title Unit Price
To be negotiated at the
time of PO issuance
$ 75,000/year
5. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, the purchase order #, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted via email to [email protected] or mailed to the below address:
City of Stockton, IT Department
Attention: IT Finance & Administration Office
425 N. El Dorado Street
Stockton, CA 95202
ATTACHMENT A
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1 (Rev, 10.27.22)
EXHIBIT F
TIMELINE
1. Contractor shall complete the requested services identified in Exhibit A as referenced in the CDW-G Price Quote (attached in Exhibit A).
ATTACHMENT A
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City of Stockton
Legislation Text
File #: 23-0663, Version: 1
AWARD A CONSTRUCTION CONTRACT TO MECHANICAL ANALYSIS/REPAIR INC. FOR THE
RWCF DIGESTER GAS HOLDER DIAPHRAGM REPLACEMENT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the filing of Notice of Exemption No. NOE28-23 under the California Environmental Quality Act (CEQA) for the RWCF Digester Gas Holder Diaphragm Replacement, Project No.
UW24017 (Exhibit 1 to the Resolution).
2. Approve the project specifications for the RWCF Digester Gas Holder Diaphragm Replacement, Project No. UW24017 (Exhibit 2 to the Resolution).
3. Award a Construction Contract of $1,215,337.00 to Mechanical Analysis/Repair Inc. of Lodi, CA for the RWCF Digester Gas Holder Diaphragm Replacement, Project No. UW24017 (Exhibit 3 to the Resolution).
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 Municipal Utilities Department (MUD) operates and maintains the Regional Wastewater Control Facility (RWCF), which collects and treats an average of 33 million gallons of wastewater daily. The anaerobic digesters break down sludge in the wastewater treatment process, and the sludge digestion process produces methane gas as a by-product. The gas is collected from the digester and transferred through a steel pipeline into a Dry Seal Gas Holder for storage. The gas is used as a fuel source for the cogeneration engines to generate electricity for the RWCF operations. The diaphragm in the gas holder is ruptured and needs to be replaced. As part of the MUD Capital Improvement Program, a project was created to replace the diaphragm and other moving components of the gas storage tank as well as the interior re-coating.
If approved, this action will authorize the award of a Construction Contract in the amount $1,215,337.00 to Mechanical Analysis/Repair Inc. of Lodi, CA.
DISCUSSION
Background
The RWCF operates a dry seal gas holder that was constructed in 1999. The digester gas produced City of Stockton Page 1 of 3 Printed on 8/17/2023
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File #: 23-0663, Version: 1
at the digesters is stored in the Dry Seal Gasholder. The purpose of the Dry Seal Gasholder is to provide a means to store gas at a variable volume and constant pressure. The stored digester gas is used to fuel the cogeneration engines that produce electricity.
Several months ago, Operations staff noticed the unit was not functioning properly and could not maintain the required pressure. The unit was shut down, isolated, and inspected. The initial inspection revealed that the diaphragm had numerous holes and ripped seams. The MUD staff performed temporary repairs to seal the holes and seams; however, the tank was still unable to maintain pressure. A full diaphragm replacement is required to bring the unit back into service.
Present Situation
On June 16, 2023, the MUD advertised the project in the Stockton Record and posted to the City’s Bid Flash webpage. Additionally, 3,185 notifications were sent through Ask Stockton and a notice with a brief project description was mailed to 110 contractors holding a Class “A” and “C-33” licenses.
A non-mandatory pre-bid conference meeting was held on June 29, 2023, with three (3) bidders in attendance. A field visit was conducted after the pre-bid conference. On Thursday, July 13, 2023, three (3) sealed bids were received and publicly opened by the City Clerk with the following results:
COMPANY NAME LOCATION BID PRICE ADJUSTED BID PRICE(Local Business Prefe Mechanical Analysis/Repair Inc. Lodi, CA $1,215,337.00 $1,191,030.23 TCB Industrial Inc. Modesto, CA $1,194,395.00 $1,194,395.00 Paso Robles Tank, Inc. Hemet, CA $1,691,749.00 $1,691,749.00 Engineer’s Estimate $600,000.00
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. The Local Business Preference states that “preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants.” Mechanical Analysis/Repair, Inc. is located within San Joaquin County, and therefore, entitled to a two percent bid preference in accordance with the Local Business Preference. Upon applying the Local Business Preference, Mechanical Analysis/Repair Inc. becomes the lowest bidder. The bid received by Mechanical Analysis/Repair Inc. of Lodi, CA, is regular in all aspects and compliant with the project specifications.
It is recommended that the City Council award a Construction Contract in the amount of $1,215,337.00 to Mechanical Analysis/Repair Inc. of Lodi, CA, for the RWCF Digester Gas Holder Diaphragm Replacement, Project No. UW24017.
Local Employment Ordinance
The contract amount is over $100,000 and subject to the City’s Local Employment Ordinance (Stockton Municipal Code Section 3.68.095), which requires that “all City contracts for public works or improvements of the estimated value or City subsidy of $100,000 or more shall contain provisions pursuant to which the contractor promises to make a good faith effort, with the assistance of local labor union hiring halls or community organizations designated by the City to employ qualified City of Stockton Page 2 of 3 Printed on 8/17/2023
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File #: 23-0663, Version: 1
individuals who are, and have been for one year prior to the effective date of the contract, residents of Stockton in sufficient numbers so that no less than 50 percent of the contractor’s total construction work force, including any subcontractor workforce, measured in labor work hours, is comprised of Stockton residents.”
On July 26, 2016, the City Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. The CWTA specifies several conditions that must be met by contractors and employers awarded public works or improvement contracts with the City of Stockton valued at $1 million or more. CWTA requirements include, among other conditions, preconstruction conferences for coordination, recognition of union(s) as the sole bargaining representative, requirements for contractors and employers to use union referral systems, and apprentice programs to develop adequate numbers of competent workers, including that 50 percent of apprentices employed on the project are from Stockton or San Joaquin County. The CWTA will apply to this project because the estimated repair services cost is more than $1 million.
Environmental Clearance
It has been determined that this project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) guidelines as specified under Article 19, Section 15301 (b) of the CEQA guidelines because it concerns an existing public facility that provides sewerage service. The project will have substantially the same purpose and capacity as the structure replaced.
In addition, the proposed project is consistent with the Envision Stockton 2040 General Plan, Land Use Policy 6.3. It improves existing utility services to ensure that all neighborhoods have access to well-maintained public facilities and utilities that meet community service needs.
FINANCIAL SUMMARY
There are sufficient funds available in the Wastewater CIP account to award a Construction Contract in the amount of $1,215,337.00 to Mechanical Analysis/Repair Inc. of Lodi, CA for the RWCF Digester Gas Holder Diaphragm Replacement, Project No. UW24017.
There is no impact to the City’s General Fund or any other unrestricted fund because of the recommended action.
City of Stockton Page 3 of 3 Printed on 8/17/2023
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE FILING OF NOTICE OF EXEMPTION NO.
NOE28-23, APPROVING THE PROJECT SPECIFICATIONS, AND AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,215,337 TO MECHANICAL ANALYSIS/REPAIR INC. FOR THE RWCF DIGESTER GAS HOLDER DIAPHRAGM REPLACEMENT (PROJECT NO. UW24017)
On July 13, 2023, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed bids offered for the RWCF Digester Gas Holder Diaphragm Replacement (Project No. UW24017); and
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, which state that “preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants,” apply to the project; and
Mechanical Analysis/Repair, Inc. is located within San Joaquin County, and therefore, entitled to a two percent bid preference in accordance with the Local Business Preference. Upon applying the Local Business Preference, Mechanical Analysis/Repair Inc. becomes the lowest bidder in the amount of $1,215,337; and The bid submitted by Mechanical Analysis/Repair Inc. is regular and responsive in all aspects; and
The project conforms with the City’s General Plan and is exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under Article 19, section 15301(b), of the CEQA Guidelines; The project also conforms with the Stockton General Plan based on Policy Land Use – 6.3; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Approve the filing of the Notice of Exemption No. NOE28-23 under CEQA for the RWCF Digester Gas Holder Diaphragm Replacement (Project No. UW24017), a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The City Council approves the project Specifications for the RWCF Digester Gas Holder Diaphragm Replacement (Project No. UW24017), a copy of which is attached as Exhibit 2 and incorporated by this reference.
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829
3. The City Council authorizes the City Manager to execute a construction contract with Mechanical Analysis/Repair Inc. of Lodi, CA, in the amount of $1,215,337 for the RWCF Digester Gas Holder Diaphragm Replacement (Project No.
UW24017), a copy of which is attached as Exhibit 3 and incorporated by this reference.
4. The City Manager or designee is authorized and directed to execute all documents, including, but not limited to, agreements and amendments.
5. The City Manager is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED August 22, 2023 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
830
EXHIBIT 1 831
PLAN HOLDER NO. _______
CITY OF STOCKTON
MUNICIPAL UTILITIES DEPARTMENT
NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS
BID
CONTRACT
SPECIAL PROVISIONS
FOR CONSTRUCTION OF
RWCF DIGESTER GAS HOLDER
DIAPHRAGM REPLACEMENT
PROJECT NO. UW24017
CONTRACTOR MUST HAVE A CLASS "A or C-33" LICENSE
STOCKTON, CALIFORNIA
Bid Opens: THURSDAY, JULY 13, 2023, 2:00 p.m.
FOR INFORMATION
REGARDING THIS PROJECT CALL
(209) 937-8700 or (209) 937-5650 Extension
(Do not return - Please recycle)
EXHIBIT 2 832
EXHIBIT 2 833
EXHIBIT 2 834
EXHIBIT 2 835
Table of Contents
00010-1
SECTION 00010 - TABLE OF CONTENTS
DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS
Section
00010 Table of Contents
00020 Notice Inviting Bids
00100 Instructions to Bidders
1.0 Work to be Done
2.0 Examination of Contract Documents
3.0 Inspection of Site
3.1 Pre-bid Conference
4.0 Interpretation of Contract Documents
5.0 Postponement of Opening
6.0 Opening of Bids
7.0 Preparation of Bid Forms
8.0 Bidder’s Signature and Authority
9.0 Erasures and Corrections
10.0 Bid Irregularities
11.0 Modification of Bid
12.0 Withdrawal of Bids
13.0 Addenda
14.0 Bid Prices
15.0 Bid Guaranty
16.0 Qualification of Bidder
17.0 Subcontractors
18.0 Major Equipment Items
19.0 Substitutions During Bidding
20.0 Bidders Interested in More Than One Bid
EXHIBIT 2 836
Table of Contents
00010-2
21.0 Sheeting, Shoring, and Bracing
22.0 Wage Rates
23.0 Offer of Assignment of Antitrust Actions
24.0 Assignment of Contract
25.0 Rejection of Bids
26.0 Contract and Bonds
27.0 Award of Contract
28.0 Execution of Contract
29.0 Business License
30.0 Construction and Demolition Debris
31.0 Escrow of Bid Documents
32.0 Bid Protests
33.0 Local Employment
34.0 Community Workforce and Training Agreement
00220 Geotechnical Data
BIDDING REQUIREMENTS
00300 List of Bid Items
00500 Construction Contract
00700 General Conditions
1.0 GENERAL
1.1 Intent of Contract Documents
1.2 Discrepancies and Omissions
1.3 Headings
1.4 Penalty for Collusion
1.5 Successors and Assigns
1.6 Assignment to City
1.7 Rights and Remedies
2.0 ADMINISTRATION
2.1 Administration of the Contract
2.2 City's Representative
2.3 Construction Management
2.4 Design Consultant
EXHIBIT 2 837
Table of Contents
00010-3
3.0 CITY
3.1 General
3.2 Attention to Work
3.3 Inspection
3.4 City's Right to Carry Out the Work
3.5 City's Right to Use or Occupy
3.6 City's Right to Perform Work and to Award Separate Contracts
4.0 CONTRACTOR
4.1 Office
4.2 Contractor's Representative
4.3 Construction Procedures
4.4 Contractor's Employees
4.5 Subcontractors
4.6 Contractor's Equipment and Facilities
4.7 Public Safety and Convenience
4.8 City-Contractor Coordination
4.9 Permits
4.10 Contractor's Responsibility for the Work and Materials
4.11 Laws to be Observed
4.12 Safety
5.0 CONTROL OF WORK AND MATERIALS
5.1 Means and Methods
5.2 City Furnished Materials
5.3 Defective and Unauthorized Work
5.4 Unnoticed Defects
5.5 Right to Retain Imperfect Work
6.0 PROGRESS OF THE WORK
6.1 Beginning of Work
6.2 Time of Completion
6.3 Delays
6.4 Time Extensions
6.5 Liquidated Damages
6.6 Termination By City for Cause
6.7 Suspension By The City For Convenience
6.8 Termination By City for Convenience
6.9 Temporary Suspension of Work
7.0 SCOPE OF WORK - CHANGES IN THE WORK
7.1 Changes
7.2 Change Orders
7.3 Differing Site Conditions
7.4 Value Engineering Change Proposals (VECP)
7.5 Resolution of Disputes
7.6 Assertion of Claims
7.7 Dispute Resolution
8.0 PAYMENT
8.1 Scope of Payment
8.2 Partial Payments
8.3 Partial Payments - Inclusion of Materials on Hand
EXHIBIT 2 838
Table of Contents
00010-4
8.4 Right to Withhold Amounts
8.5 Substantial Completion
8.6 Final Inspection and Payment
8.7 Warranty of Title
9.0 EXISTING UTILITIES
9.1 General
9.2 Notification and Location
9.3 Damage and Protection
9.4 Utility Relocation and Rearrangement
10.0 APPLICABLE LAW/CODE REQUIREMENTS
11.0 USE OF SITE AND CLEAN UP
12.0 CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD
00800 Supplementary Conditions
1.0 LOCAL EMPLOYMENT
2.0 COMMUNITY WORKFORCE AND TRAINING AGREEMENT
00810 Modifications to General Conditions
00820 Liability and Insurance Requirements
1.0 INDEMNIFICATION
2.0 INSURANCE REQUIREMENTS
DIVISION 1 - GENERAL REQUIREMENTS
01010 Summary of Work
1.0 WORK COVERED BY CONTRACT DOCUMENTS
2.0 CONTRACT ADMINISTRATION
2.1 Name of Construction Manager
2.2 Name of Design Consultant
2.3 Name of City's Representative
3.0 TIME ALLOWED FOR COMPLETION
4.0 DAMAGES FOR DELAYS
5.0 WEATHER DAYS
6.0 WORK SEQUENCE AND CONSTRAINTS
7.0 OCCUPANCY REQUIREMENTS
EXHIBIT 2 839
Table of Contents
00010-5
8.0 CITY FURNISHED MATERIALS
8.1 Contract Documents
9.0 TRENCH EXCAVATION
10.0 WORK UNDER OTHER CONTRACTS
11.0 CONTRACTOR'S WORK PERCENTAGE
12.0 UNDERGROUND FACILITIES
13.0 LEGAL AND CITY HOLIDAYS
01015 General Provisions
1.0 GENERAL
1.1 Description
1.2 Guarantee
1.3 Contractors License
1.4 Patents
2.0 PRODUCTS (Not applicable in this Section)
3.0 EXECUTION
3.1 Public Complaints
3.2 Guarantees and Warranties
3.3 Precedence of Contract Documents
3.4 Care and Protection of Property
3.5 Field Check of Existing Improvements
3.6 Protection of Existing Improvements
3.7 Cooperation With Others
3.8 Unfavorable or Hazardous Construction Conditions
3.9 Testing and Substantial and Final Completion
01025 Measurement and Payment
1.0 GENERAL
1.1 Measurement of Quantities
1.2 Units of Measurement
1.3 Certified Weights
1.4 Methods of Measurement
2.0 DESCRIPTION OF BID ITEMS
2.1. General
2.2 Duration of Prices
2.3 Bid Items
2.4 Payment for Mobilization
2.5 Payment for Startup and Demobilization
3.0 CONTRACTOR'S COST BREAKDOWN
01035 Modification Procedures
EXHIBIT 2 840
Table of Contents
00010-6
1.0 CHANGES IN CONTRACT PRICE
2.0 NEGOTIATED CHANGE ORDERS
3.0 FORCE ACCOUNT PAYMENT
4.0 UNIT PRICE ADJUSTMENTS DUE TO INCREASED OR DECREASED
QUANTITIES
5.0 TIME EXTENSIONS FOR CHANGE ORDERS
6.0 CONTRACTOR CHANGE REQUESTS
7.0 VALUE ENGINEERING COST PROPOSALS
01040 Coordination
1.0 GENERAL
2.0 COOPERATION WITH OTHERS
3.0 ORGANIZATION AND COORDINATION
3.1 Monthly Reports
3.2 Daily Reports
3.3 Correspondence
4.0 SYSTEM OUTAGE REQUESTS
5.0 SEQUENCING OF THE WORK
6.0 ACCESS TO PROJECT FACILITIES
01050 Field Engineering
1.0 CHECK OF EXISTING IMPROVEMENTS
2.0 DATUM
3.0 LINES AND GRADES
01060 Regulatory Requirements
1.0 APPLICABLE CODES
1.1 Laws and Regulations
1.2 Codes
1.3 Specifications
2.0 LICENSES, FEES, AND PERMITS
2.1 Contractor’s License
2.2 Business License
2.3 Encroachment Permit (City of Stockton)
EXHIBIT 2 841
Table of Contents
00010-7
01090 References
1.0 DEFINITIONS
2.0 ABBREVIATIONS
01200 Project Meetings
1.0 PRE-CONSTRUCTION CONFERENCE
1.1 Attendees
1.2 Agenda
1.3 Minutes
2.0 PROGRESS MEETINGS
2.1 Schedule
2.2 Attendees
2.3 Agenda
2.4 Minutes
3.0 CONFERENCES
4.0 POST CONSTRUCTION MEETING
01300 Submittals
1.0 DESCRIPTION
2.0 SUBMITTAL-GENERAL REQUIREMENTS
3.0 SCHEDULE OF VALUES
4.0 PROGRESS SCHEDULE
5.0 SHOP DRAWINGS
6.0 SAMPLES
7.0 MATERIALS LISTS AND EQUIPMENT DATA
8.0 INSTRUCTION MANUALS
9.0 INSTALLATION INSTRUCTIONS
10.0 CITY PERSONNEL TRAINING PLAN
11.0 OTHER SUBMITTALS
12.0 STORAGE INSTRUCTIONS
13.0 TOOLS, ACCESSORIES, SPARE PARTS, AND MAINTENANCE MATERIALS
14.0 RECORD DRAWINGS AND SPECIFICATIONS
EXHIBIT 2 842
Table of Contents
00010-8
15.0 REVISION OF SUBMITTALS
16.0 CERTIFICATES
17.0 EARTHQUAKE DESIGN AND RESTRAINT
18.0 CONSTRUCTION PHOTOGRAPHS
18.1 Summary
18.2 Submittals
18.3 Media
18.4 General
01310 Progress Schedule
1.0 CONSTRUCTION SCHEDULE
1.1 Base Schedule
1.2 Responsible Person
1.3 Reports
2.0 WEATHER CONDITIONS
3.0 UPDATES
3.1 Submittal Period
3.2 Schedule Review
3.3 Schedule Revisions
4.0 TIME IMPACT ANALYSES
4.1 Requirement
4.2 Delays
4.3 Submittal
5.0 WEEKLY ACTIVITIES PLAN
6.0 CASH FLOW PROJECTION
7.0 WORKHOUR PROJECTION
01400 Quality Control
1.0 QUALITY CONTROL
2.0 INSPECTION
3.0 SAMPLES AND TESTS
3.1 Sampling
3.2 Testing
3.3 Test Standards
01500 Construction Facilities and Temporary Controls
1.0 GENERAL
EXHIBIT 2 843
Table of Contents
00010-9
2.0 TEMPORARY UTILITIES
2.1 Electrical Service
2.2 Water
2.3 Temporary Lightning
2.4 Heating and Ventilation
2.5 Sanitary Conveniences
3.0 CONSTRUCTION FACILITIES
3.1 Staging and False Work
3.2 Temporary Enclosures
3.3 Warning Devices and Barricades
3.4 Above Grade Protection
3.5 Use of Explosives
4.0 PROTECTION AND RESTORATION OF PROPERTY
5.0 PROJECT SECURITY
5.1 Fire Extinguisher
5.2 First Aid
5.3 Temporary Fences
6.0 ACCESS ROADS
7.0 SPECIAL CONTROLS
7.1 Dust Control
7.2 Mud Control
7.3 Noise Abatement
7.4 Working Hours
7.5 Drainage Control
7.6 Construction Cleaning
7.7 Dispose of Material
7.8 Parking and Storage Areas
8.0 TRAFFIC REGULATION
8.1 General
8.2 Haul Routes
8.3 Traffic Control
9.0 PROJECT OFFICE
10.0 CONTRACTOR’S SAFETY RULES
01600 Material and Equipment
1.0 STORAGE OF MATERIALS
2.0 HAZARDOUS MATERIALS
3.0 MATERIAL AND EQUIPMENT SUBSTITUTIONS
EXHIBIT 2 844
Table of Contents
00010-10
3.1 General
3.2 Substitutions
3.3 Modifications and Costs
01660 System Testing
01670 Training
1.0 GENERAL
2.0 INSTRUCTIONS
3.0 SCHEDULING
4.0 INSTRUCTION PROGRAM
5.0 LOCATION
6.0 RECORD OF TRAINING SESSIONS
01700 Contract Closeout
1.0 INSTRUCTION MANUALS
2.0 EQUIPMENT START-UP
3.0 FINAL CLEANING
3.1 Final Clean-up
3.2 Final Building Clean-up
4.0 PROJECT COMPLETION
4.1 Substantial Completion
4.2 Final Completion
4.3 Project Record Documents
5.0 GUARANTEE
TECHNICAL SPECIFICATIONS
EXHIBIT 2 845
Table of Contents
00010-11
EXHIBIT 2 846
Notice Inviting Bids
00020-1
SECTION 00020 - NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that sealed bids are invited by the City of Stockton, California to provide all labor, materials, equipment, and perform all work necessary for the construction of the RWCF DIGESTER GAS HOLDER DIAPHRAGM REPLACEMENT and in accordance with the plans and specifications for Project Number UW24017.
The work includes: Removal and disposal of the existing Dry Seal Gas Holder diaphragm and installation of a new diaphragm, all sheaves, all cables, all carriage bolts, and performance of a functional test per the specifications. Work also includes the interior surface preparation, and paint overcoating of the existing Dry Seal Gas Holder tank’s interior surfaces: shell, tank bottom, bottom of piston, and all accessories and appurtenances exposed to the stored methane.
The work shall be performed in accordance with the intent of the Contract Documents, including as stated in the Contract and the Technical and Special Provisions, excluding only the work indicated or specified to be provided by the City or others under separate contract or other arrangement. In the event of a conflict between the Project Specifications and the City of Stockton Standard Specifications and Plans, the Project Specifications shall take precedence.
The project specifications and plans can be downloaded from the City of Stockton’s website at http://www.stocktongov.com/services/business/bidflash/mud.html?dept=Municipal_Utilities; however, official bid documents including plans, specifications, and a plan holder number, must be obtained from ARC Document Solutions in order to bid this project. The completed official sealed bid packet, including the plan holder number, must be delivered to the Office of the City Clerk, City Hall, 425 North El Dorado Street, Stockton, California 95202, up to, but not later than 2:00 p.m., on Thursday, July 13, 2023.
A non-mandatory pre-bid conference will be held at 10:00 a.m., Thursday, June 29, 2023 at the City of Stockton, Department of Municipal Utilities, Regional Wastewater Control Facilities (RWCF), 2500 Navy Drive, Stockton, California 95206.
Prospective bidders shall monitor City’s website/bid flash for any project addenda or updates.
As prescribed in the Instructions to Bidders for this project, a bid guaranty in an amount not less than ten percent [10%] of the total base bid price, plus additives, if any, and conforming to the prescribed bidding procedures is required to be submitted with each bid, as a guaranty to be forfeited should the bidder, if awarded the Contract, fail to enter into the same, or fails to furnish in a timely manner the bonds and/or proof of insurance. Each bid shall also be accompanied by the Non-Collusion Declaration, and all of the other required documents and information furnished in the official bidding documents. Each bid shall be enclosed in a sealed envelope clearly marked "BID" and shall indicate the project name, project number, bid opening date, and contractor's name and address. Bidders and the public are invited to be present at the public opening and declaration of said bids. Official bid documents received after the designated time will not be accepted. No bidder may withdraw its bid for a period of sixty (60) days after the date set for the opening of bids.
The project is to be substantially completed within TWO HUNDRED SEVENTY (270) consecutive calendar days from the date specified in the Notice to Proceed, and final completion will be achieved THIRTY (30) consecutive calendar days thereafter. Time for commencement and completion of the work is consequential, and time is to be of the essence of the Contract.
All bidders shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code of the State of California. The Contractor shall possess a valid Class A or C-33 license at the time the bid is submitted and retain the license through the duration of the project. Failure to possess the specified license shall render the bid as non-responsive. The successful Contractor shall obtain a City of Stockton business license prior to contract execution and retain the license through the duration of the project.
All bidders must comply with the State of California Contractor Registration Requirements, which states all Contractors or subcontractors shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract code, or engage in the performance of any contract for public work, as defined in the this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.
EXHIBIT 2 847
Notice Inviting Bids
00020-2
In compliance with Senate Bill 854 and the California Labor Code, all bidders shall include with their bid proof of registration from the Department of Industrial Relations that includes the contractor’s legal name, registration number, license type/number, registration date and expiration date, for every contractor and subcontractor, regardless of tier. Submittal of subcontractor’s registration information regardless of tier is due no later than four business days after bid opening.
The general prevailing rate of wages for each craft or type of worker or mechanic needed to perform the Contract is on file with the City of Stockton. Bidders are hereby notified that the successful bidder and any subcontractor under that contract shall pay prevailing wage rates in performing the Contract.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.
Pursuant to Stockton Municipal Code Section 3.68.090 preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal. Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted two (2) percent bid preference. Local merchants who have a physical business location within the boundaries of the City of Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted five (5) percent bid preference. This section is intended to provide preference in the award of certain City contracts in order to encourage businesses to move into and expand within the City.
For contracts valued at $100,000 and above, pursuant to Stockton Municipal Code Section
3.68.095 the contractor and all subcontractors shall make a good faith effort to employ at least 50% of the workforce on this project from local residents, as measured by total labor work hours. Failure of any contractor or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. Contractors and subcontractors shall maintain records necessary for monitoring their compliance with Section 3.68.095.
For contracts valued at $1,000,000 and above, pursuant to the implementation of the Community Workforce and Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of the CWTA.
If the Contract is to be awarded, the Contract will be awarded to the lowest responsive, responsible bidder as defined in the Stockton Municipal Code; provided, however, the City Council reserves the right to reject any and all bids, and to re-advertise for bids or to provide for the work to be done by the City of Stockton's internal work force.
The successful bidder shall be required to furnish a Labor and Materials Bond and a Faithful Performance Bond, each in the sum of one hundred percent (100%) of the contract bid price. Said bonds shall be furnished by a company authorized to issue surety bonds in the State of California, on official forms furnished by the City, and said bonds shall be executed by the surety and contractor before or concurrently with the signing of the Contract. The acceptable surety will meet the minimum standard as set forth in the contract documents.
For information on technical data, contact Ana Chiono, Municipal Utilities Department, (209) 937- 5650, e-mail: [email protected]. For information regarding the cost for the reproduction of the official bid package or to obtain a plan holders list, please contact ARC Document Solutions at 1421 N. El Dorado Street, Stockton, CA 95202, (209) 464-8724 or visit their plan room at https://order.earc.com/arcEOC/PWELL_PublicList.asp?mem=23.
ELIZA R. GARZA, CMC
CITY CLERK
CITY OF STOCKTON
EXHIBIT 2 848
Instructions to Bidders
00100-1
SECTION 00100 - INSTRUCTIONS TO BIDDERS
1.0 WORK TO BE DONE
It is the intention of the City to construct improvements as shown and set forth on the plans, specifications, profiles and detailed drawings, and in the particular locations shown on the drawings. All of the work is particularly set forth in the plans and specifications, and all of said work, together with all other work incidental thereto, is included. By submitting a bid, the bidder represents that it has the ability, qualifications and experience to perform the proposed work.
The work includes the furnishing of all labor, materials, incidentals and equipment necessary for the RWCF DIGESTER GAS HOLDER DIAPHRAGM REPLACEMENT (Project No. UW24017). The Contractor shall be required to provide, at its own cost and expense, all necessary insurance, as required by law or these specifications, and shall pay the cost and expense of any and all incidental matters herein required.
2.0 EXAMINATION OF CONTRACT DOCUMENTS
Each bidder shall thoroughly examine and become familiar with the Contract Documents. The submission of a bid shall constitute an acknowledgment upon which the City may rely, and shall constitute conclusive evidence, that the bidder has thoroughly examined and is familiar with the Contract Documents. The failure or neglect of a bidder to receive or examine any of the Contract Documents shall in no way relieve it from any obligation with respect to its proposal or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract Documents.
3.0 INSPECTION OF SITE
Bidders are required to inspect the site of the work to satisfy themselves by personal examination or by such other means as they may prefer, of the location of the proposed work, and of the actual conditions, including subsurface, of and at the site of work. If, during the course of its examination, a bidder finds facts or conditions which appear to be in conflict with the letter or spirit of the bidding documents, the Bidder may apply to the City, in writing, for additional information and explanation before submitting its bid.
Submission of a bid by the bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied and is relying on its own examination of:
a. The site of the work.
b. Access to the site.
c. All other data and matters requisite to the fulfillment of the work and on its own knowledge of existing facilities on and in the vicinity of the site of the work to be constructed under the Contract. d. The conditions to be encountered.
e. The character, quality and scope of the proposed work. f. The quality and quantity of the materials to be furnished. g. The requirements of the bid, the plans, the specifications, and the other Contract Documents.
EXHIBIT 2 849
Instructions to Bidders
00100-2
The information provided by the City is not intended to be a substitute for, or a supplement to the independent verification by the bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the bidder.
3.1 PRE-BID CONFERENCE
The City may hold a pre-bid conference prior to the bid opening date. The pre-bid conference is held to answer questions bidders may have, provide bidders with access to the site, discuss important contract considerations, and provide any clarifications that may have come to the City’s attention.
Bidders may be required to attend the pre-bid conference on the date indicated on the specifications. If any bidder fails to attend the pre-bid conference when it is indicated as being mandatory on the specifications, then their bid will be deemed non-responsive, which will result in bid rejection.
4.0 INTERPRETATION OF CONTRACT DOCUMENTS
Oral representations or interpretations by the City as to the meaning of the Contract Documents shall have no legal or binding effect. Requests for an interpretation shall be made in writing and delivered at least ten (10) days before the time announced for opening the bids to:
Ana Chiono
Project Manager
Municipal Utilities Department
2500 Navy Drive
Stockton, CA 95206
The City's response to requests to clarify the source of materials, equipment, suppliers or any other such matter which does not modify, change, increase, or decrease the scope of work requires no action by the City other than a response to the bidder requesting the clarification. The City's response to written requests to clarify possible ambiguous or incomplete statements or designs, or any other such clarification which modifies, changes, increases or decreases the scope of work, requires issuance of an addendum by the City for the interpretation to become effective. It is the City's sole discretion whether or not to issue an addendum in response to a request for clarification.
5.0 POSTPONEMENT OF OPENING
The City reserves the right to postpone the date and time for receiving and/or opening of bids at any time prior to the date and time established in the Notice Inviting Bids. Postponement notices shall be mailed to planholders of record in the form of addenda.
6.0 OPENING OF BIDS
All bids except those which do not contain a bid security, irrespective of any other irregularities or informalities, if received on time, will be opened and publicly read aloud at the time and place set forth in the Notice Inviting Bids. Bidders, their representatives and other interested persons may be present at the opening and reading of bids.
Any bids received after the time for receiving and opening bids as set forth in the Notice Inviting Bids or as postponed by addenda will be considered non-responsive and will not be opened. Any such bids will be returned unopened to the Bidder.
The public reading of each bid will include at least the following:
EXHIBIT 2 850
Instructions to Bidders
00100-3
a. Name of bidder.
b. The total amount of bid.
c. The nature and amount of the security furnished with the bid.
7.0 PREPARATION OF BID FORMS
Bids shall be submitted on the official bid documents and must be submitted at the time and place stated in the Notice Inviting Bids. All blanks in the bid forms must be appropriately filled in, either in ink or typed, and all prices must be stated in figures. All bids must be submitted in sealed envelopes bearing on the outside the name of the bidder, its address, the bidder's planholder number, the date of the bid opening, and the name and project number of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that its bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. City shall not be responsible for errors or omissions in the bid. Bidders shall write their names on each bid form at the space provided.
8.0 BIDDER'S SIGNATURE AND AUTHORITY
If the bid is made by an individual, his/her name, signature, and post office address must be shown; if made by a firm or partnership, the name and post office address of the firm or partnership, a list of the partners, and the signature of at least one of the general partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation, and the title of the person who signs on behalf of the corporation. If the bid is made by a joint venture, the bid shall be signed by a representative of one of the joint venture firms.
9.0 ERASURES AND CORRECTIONS
The bid submitted must not contain any erasure, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the initial or initials of the person or persons submitting the bid.
10.0 BID IRREGULARITIES
Changes in or additions to the bid form, recapitulations of the work bid upon, alternative bids, or any other modifications of the bid form which are not specifically called for in the Contract Documents may result in rejection of the bid by the City, as not being responsive to the Notice Inviting Bids. No oral or telephonic modification of any bid submitted will be considered. The City retains the right to waive minor irregularities it determines to have no impact on the Contract.
11.0 MODIFICATION OF BID
On written request filed with the City, a bid already received may be modified or withdrawn at any time prior to the time established for receiving bids. The request must be executed by the bidder or its authorized representative as described in Paragraph 00100-8.0, Bidder's Signature and Authority. Modifications shall be made in writing, executed, and submitted in the same form and manner as the original bid. Withdrawal of a bid does not prejudice a bidder's right to submit a new bid within the time designated for the submission EXHIBIT 2 851
Instructions to Bidders
00100-4
of bids. No bid may be withdrawn after the time established for receiving bids except as provided in Paragraph 00100-12.0, Withdrawal of Bids.
12.0 WITHDRAWAL OF BIDS
In accordance with the Stockton Municipal Code, withdrawal of bids is not allowed after the time noticed for the opening of bids. In case of a materially significant error, a bidder desiring to withdraw shall give written notice to the City, specifying, in detail, how the mistake occurred and how the mistake made the bid materially different than it was intended to be. Withdrawal will not be permitted for mistakes resulting from errors in judgment or carelessness in inspecting the site of the work or in reading the Contract Documents.
At the City's sole discretion, the bid may be deemed non-responsive due to the materially significant error.
13.0 ADDENDA
The Director of Municipal Utilities has the authority to issue any and all Addenda prior to the bid opening date. Addenda issued during the time of bidding shall become a part of the documents furnished to bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the Contract. Each bid shall include specific acknowledgment in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge shall result in the bid being rejected as not responsive. Failure of any bidder to receive such Addenda shall not be grounds for non-compliance with the terms of the instructions.
14.0 BID PRICES
Bid prices shall include, whether additive or deductive, everything necessary for the completion of the work, including but not limited to, providing the materials, equipment, tools, fabrication, delivery, installation, plant and other facilities, and the management, superintendence, labor, overhead, profit, and services. Bid prices shall include all taxes required by Paragraph 00700-8.1.3, Payment of Taxes. No tax exemption certificate or any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract. Quote prices for the exact amount for all work required to complete the respective item as described and shown in the Contract Documents.
For unit price bid items, if the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern, and the correct product of the unit price and the estimated quantity shall be deemed to be the amount bid. If the sum of two or more items in a bidding schedule does not equal the total amount quoted, the individual item amounts shall govern and the correct total shall be deemed to be the amount bid.
15.0 BID GUARANTY
The bid form shall be accompanied by a bid guaranty bond provided by a surety company licensed and authorized to carry on business in the State of California, by a certified or cashier's check, payable to the City, or cash, in the sum of at least ten (10) percent of the total amount of the base bid price, plus additives, if any. The amount payable to the City under the bid guaranty bond, or the certified or cashier's check and the amount thereof, as the case may be, shall be forfeited to the City as liquidated damages in case of a failure or neglect of the bidder to furnish, execute, and deliver to the City the required performance and payment bonds, evidences of insurance; and to enter into, execute, and deliver to the City the Agreement EXHIBIT 2 852
Instructions to Bidders
00100-5
on the form provided herewith, within ten (10) calendar days after receiving written notice from the City that the award has been made and the Agreement is ready for execution.
The bid guarantees of the three lowest bidders will be retained until the Agreement is signed, evidence of insurance provided, and satisfactory bonds furnished or other disposition made thereof. The bid guarantees of all bidders, except the three lowest responsive bids, will be returned within 15 calendar days after the bids are opened.
16.0 QUALIFICATION OF BIDDER
Upon the request of City, any bidder whose bid is under consideration for the award of the Contract shall promptly submit satisfactory evidence showing the bidder's financial resources, its construction experience, and its organization's availability for the performance of the Contract.
The bidder may be required to establish to the satisfaction of the City the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the Contract Documents.
City Employees and Design Engineers May Not Bid on Construction Contracts. No employee of the City shall be eligible to submit a proposal for, nor to subcontract for any portion of, nor to supply any materials for any contract administered by the City.
No engineering or architectural firm which has provided design services for a project shall be eligible to submit a proposal for the contract to construct the project nor to subcontract for any portion of the work.
The ineligible firms include the prime contractor for design, subcontractors of portions of the design, except for surveyors and geotechnical subcontractors and affiliates of either. An affiliate is a firm which is subject to the control of the same persons, through joint ownership or otherwise.
17.0 SUBCONTRACTORS
In accordance with California Public Contract Code Section 4100, et. seq., each bid shall have listed in the official bid documents, the name, portion of work to be performed, and location of the place of business of each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or improvement, or of any subcontractor licensed by the State of California who, under subcontract to the bidder, will specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the bidder's total bid.
Failure to list subcontractors may render the bid non-responsive and may be grounds for rejection of the bid. Failure to comply with the provisions of the California "Subletting and Subcontracting Fair Practices Act" shall make the Contractor subject to the sanctions as set forth in the Act. All work, in excess of onehalf of one percent of the bidder's total bid, for which a subcontractor is not listed in the official bid documents, shall be performed by the Contractor's own organization.
The Contractor shall perform at a minimum the percentage of work specified in Section 01010-11.0, CONTRACTOR'S WORK PERCENTAGE, with its own forces and shall not subcontract out this portion of work. The Contractor shall perform that contract work with his own organization, except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the original total contract price before computing the amount of work required to be performed by the Contractor with his own organization. When items of work in the BID SCHEDULE, are preceded by the letter (S), said items are designated "Specialty Items." The City may also determine, on a case by case basis, items to be designated "Specialty Items." Where an entire item is sub-contracted, the value of work subcontracted will be based on the contract item bid price. When a EXHIBIT 2 853
Instructions to Bidders
00100-6
portion of an item is sub-contracted, the value of work subcontracted will be based on the estimated percentage of the contract item bid price, determined from information submitted by the Contractor, subject to approval by the City.
18.0 MAJOR EQUIPMENT ITEMS
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19.0 SUBSTITUTIONS DURING BIDDING
Manufacturers or suppliers of materials and equipment may offer an alternative product to the Contractor, except where alternatives or substitutes are specifically excluded, and request that alternatives to specified products be considered equal. Inclusion of such alternatives in the bid is the responsibility of the Contractor.
Inclusion should only be considered if the Contractor believes the offered alternative is equal in quality and performance to the specified product. After award of the Contract, such offers of alternative products will be reviewed and processed as a substitution as provided under Section 01600, MATERIAL AND EQUIPMENT. Inclusion or offers of alternative products will not be reviewed or processed during the bidding period.
20.0 BIDDERS INTERESTED IN MORE THAN ONE BID
No person, firm, or corporation, under the same or different name, shall make, file, or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm, or corporation may, however, submit sub proposals or quote prices on materials to more than one bidder.
Bidders shall execute and furnish with their bids, the NON-COLLUSION DECLARATION furnished in the official bid documents. Reasonable grounds to believe that any individual, partnership, corporation, or combination is interested in more that one bid for the proposed work may cause rejection of all bids in which that individual, partnership, corporation, or combination is interested.
21.0 SHEETING, SHORING AND BRACING
Pursuant to the provisions of California Labor Code Section 6707, each bid submitted shall contain, if the bid item is indicated, the amount included in its bid for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the bidder warrants that its action does not convey tort liability to the City, the Design Consultant, the Construction Manager, and their employees, agents, and sub consultants.
22.0 WAGE RATES
Pursuant to provisions of the Labor Code Section 1770, et. seq., of the State of California, the Director of the Department of Industrial Relations has ascertained the prevailing rate of per diem wages of the locality in which the Work is to be performed and applicable to the work to be done. Copies of these wage determinations are on file with the City.
Successful bidders shall promptly notify the City, in writing, about all the classifications of labor not listed in the prevailing wage determinations but necessary for the performance of the Work.
EXHIBIT 2 854
Instructions to Bidders
00100-7
23.0 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS
As provided by Section 4552, et. seq., of the California Government Code, in submitting a bid to the City, the bidder offers and agrees that if the bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the City pursuant to the bid.
24.0 ASSIGNMENT OF CONTRACT
The Contractor shall not assign any part of this Contract unless it complies with Section 00700-1.5, SUCCESSORS AND ASSIGNS.
25.0 REJECTION OF BIDS
The City reserves the right to reject any and all bids and further reserves the right to reject any bids which are non-responsive, incomplete, obscure, or irregular; any bids which omit a bid on any one or more items on which the bids are required; any bids in which unit prices are unbalanced in the opinion of the City; any bids accompanied by insufficient or irregular bid guaranty; any bids from bidders who have previously failed to perform properly or to complete on time contracts of any nature; and any bidder who fails to provide satisfactory documentation of its qualifications as required by Section 00100-16.0, QUALIFICATION OF BIDDER. The City reserves the right to waive irregularities.
26.0 CONTRACT AND BONDS
The successful bidder will be required to furnish, in duplicate counterpart, a Labor and Material Bond on forms provided by the City, in an amount equal to one hundred percent (100%) of the Contract Price, a Faithful Performance Bond in an amount equal to one hundred (100%) of the Contract Price, and evidences of insurance. Said insurance and bonds shall be secured from a surety company satisfactory to the City.
The form of contract, and the forms of bonds, as provided in Section 00500, which the successful bidder as Contractor will be required to execute and furnish shall be carefully examined by the bidder. The Faithful Performance Bond is to secure the faithful performance of the Contract, and the Labor and Material Bond is to secure the payment of those to whom the bidder may become legally indebted for labor, materials, tools, equipment, or services of any kind used or employed by the bidder in performing the work.
The Faithful Performance Bond will be retained by the City of Stockton for twelve (12) months following final acceptance by the City of the improvements to guarantee correction of failure attributable to workmanship and materials. Upon said final acceptance by the City, the amount of the Faithful Performance Bond may be reduced to twenty percent (20%) of the actual improvement construction costs, at the sole discretion of the City.
The bonds required of the Contractor shall be furnished by a company authorized to do a surety business in the State of California: said bonds shall be executed by the surety and Contractor before or concurrently with the signing of the contract. The form of said bonds must be approved by the City Attorney and the surety of sureties must be approved by the City Finance Director.
EXHIBIT 2 855
Instructions to Bidders
00100-8
All alterations, extensions of time, extra or additional work and other changes authorized by these specifications, or any part of the Contract may be made without securing the consent of the surety on the contract bonds.
27.0 AWARD OF CONTRACT
Within sixty (60) days after the time of opening of the bids, the City will act either to accept a bid, to reject all bids or with the consent of the bidders and their sureties to extend the time in which the City may act.
Nothing set forth herein shall limit the ability of the City to agree with the lowest responsive, responsible bidder to extend the time for the City to award the Contract to said bidder. The Award of Contract shall obligate the bidder whose bid is accepted to furnish performance and Labor and Material bonds and evidences of insurance, and to execute the Agreement in the form set forth in the Contract Documents.
The Contract will require the completion of the work according to the Contract Documents.
If award is made, it will be based on the lowest responsive, responsible bid whose summation of the base bid and City selected alternates yields the lowest total Contract price. Selection of any or all alternates shall be at the sole discretion of the City.
28.0 EXECUTION OF CONTRACT
The Agreement shall be executed by the successful bidder and returned, together with the Contract bonds and evidences of insurance, within ten (10) days after receiving the Contract. Time is of the essence in this regard. After execution by City, one copy of the Agreement shall be returned to Contractor.
The failure to execute the Contract Documents or to furnish the bonds or insurance required by these instructions within ten (10) days after receiving the Contract constitutes a default. In the event of a default, the City may award the Contract to the next lowest bidder or may re-advertise for bids. The City may charge against the defaulting bidder the greater of (1) the amount of the bid bond, or (2) the difference between the amount of the bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid bond. If a more favorable bid is received by re-advertising, the defaulting bidder shall have no claim against the City for a refund.
29.0 BUSINESS LICENSE
The Contractor must obtain and maintain a valid City of Stockton business license prior to execution of the Contract and throughout the fiscal periods embraced by the duration of the Contract.
30.0 CONSTRUCTION AND DEMOLITION DEBRIS
In order to comply with the California Integrated Waste Management Act of 1989, Assembly Bill 939, the City of Stockton requires that construction and demolition projects recycle a minimum of fifty percent (50%) of all discarded materials generated by the projects to divert project waste from the landfills. a. CONSTRUCTION AND DEMOLITION RECYCLING PLAN
This plan is meant to assist contractors with identifying the types and quantities of materials that will be generated as a result of the project in order to find diversion outlets for these materials.
Once the Contract has been awarded, the contractor is required to complete and submit a Construction/Demolition (C&D) Recycling Plan prior to receiving a Notice to Proceed. The plan should be submitted to the Project Manager at the pre-construction meeting. The City may also request additional information, as necessary.
EXHIBIT 2 856
Instructions to Bidders
00100-9
b. CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING REPORT
The contractor must complete the Construction and Demolition (C&D) Debris Recycling Report within thirty (30) days of construction or demolition project completion (Notice of Completion). The completed must be accompanied by the official weight tags or receipts verifying the information provided in the report and must be submitted to the City of Stockton Public Works Department, Solid Waste Division, Stewart Eberhardt Building, 22 E. Weber Ave., Room 301, Stockton, CA 95202. Failure to provide the C&D Recycling Report form will result in a five percent (5%) withholding of the contract amount.
(Recycling forms are available at http://www.stocktongov.com/files/C&D%20Package.pdf).
31.0 ESCROW OF BID DOCUMENTS
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32.0 BID PROTESTS
All parties wishing to file a protest shall comply with the procedures set forth below.
All protests regarding the bidding process or the award, or intended award, of any contract must be submitted in writing to the City Attorney on or before 5:00 p.m. of the fifth business day following the opening of all bids, unless a different time period is specified in the Notice Inviting Bids or other bid solicitation documents. All protests must be addressed to: City Attorney, City of Stockton, 425 North El Dorado, Stockton, CA 95202.
The party filing the protest must have actually submitted a bid for the work. A subcontractor of a bidder may not submit a bid protest.
The protest shall contain a full and complete statement specifying in detail the grounds of the protest and the facts in support thereof. The protest must be hand delivered or sent via mail so that it is received by the City Attorney within the time period set forth above. The protest document must include the following:
a. A complete statement of the factual and legal basis for the protest; b. The protest must include the name, address and telephone number of the person representing the protesting party; and
c. The protesting party must concurrently transmit a copy of the written protest document and any attached documentation to all other bidders who may have a reasonable prospect of receiving the award depending upon the outcome of the protest.
The procedure and time limits set forth herein are mandatory and the bidder's sole and exclusive remedy in the event of protest. No bidder may bring an 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 filing a government code claim or legal proceeding. The City reserves the right to modify the bid protest procedures in the Notice Inviting Bids or other bid solicitation documents and to require any protesting party to submit additional or clarifying information or documentation in support of any protest.
33.0 LOCAL EMPLOYMENT
For contracts valued at $100,000 and above, pursuant to Stockton Municipal Code Section
3.68.095 the contractor and all subcontractors shall make a good faith effort to employ at least 50% of the workforce on this project from local residents, as measured by total labor work hours. Failure of any contractor or subcontractor to comply with these requirements shall be deemed a material breach of the EXHIBIT 2 857
Instructions to Bidders
00100-10
contract or subcontract. Contractors and subcontractors shall maintain records necessary for monitoring their compliance with Section 3.68.095.
34.0 COMMUNITY WORKFORCE AND TRAINING AGREEMENT
For contracts valued at $1,000,000 and above, pursuant to the implementation of the Community Workforce and Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of the CWTA. *** END OF SECTION ***
EXHIBIT 2 858
Geotechnical Data
00220-1
SECTION 00220 - GEOTECHNICAL DATA
Subsoil investigations have not been conducted at the site of the work.
The Contractor should visit the site and acquaint himself with all existing conditions. Prior to bidding, contractors may make their own subsurface investigations to satisfy themselves as to site and subsurface conditions but such subsurface investigations shall be performed only under time schedules and arrangements approved in advance by the Engineer.
***END OF SECTION***
EXHIBIT 2 859
Geotechnical Data
00220-2
EXHIBIT 2 860
Bid Schedule
00300-1
SECTION 00300 – LIST OF BID ITEMS
RWCF DIGESTER GAS HOLDER DIAPHRAGM REPLACEMENT
Project No. UW24017
Item
# Description Est. Quantity Unit Unit Price Total Price 1 Mobilization, Demobilization, Bonds,
Permits, and Insurance 1 Lump Sum
2 Removal and disposal of the existing
diaphragm 1 Lump Sum
3 Installation of the new diaphragm,
including all new carriage bolts 1 Lump Sum
4 Removal, disposal, and installation
of all sheaves and cables 1 Lump Sum
5 Performance Testing 1 Lump
Sum
6 Instruction of City personnel on all
work 1 Lump Sum
7 Tank Interior Surface Preparation
and Application of Coating System –
Below Diaphragm Bolting Angles
1 Lump
Sum
8 Tank Interior Surface Preparation
and Application of Coating System –
Above Diaphragm Bolting Angles
1 Lump
Sum
9 Tank Floor Surface Preparation and
Application of Coating System 1 Lump Sum
10 Tank Interior Surface Preparation
and Application of Coating System –
Bottom of Piston
1 Lump
Sum
11 Contingency 1 Lump
Sum $50,000 $50,000
TOTAL BID: The sum of Items 1 through 11
***END OF SECTION***
EXHIBIT 2 861
Bid Schedule
00300-2
EXHIBIT 2 862
Construction Contract
00500-1
SECTION 00500 - CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between NAME OF CONTRACTOR, a (INDICATE STATUS: STATE OF [NAME STATE] CORPORATION, PARTNERSHIP, OR SOLE PROPRIETORSHIP), with a business address at ADDRESS/CITY/STATE/ZIP, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY." W I T N E S S E T H:
WHEREAS, plans and specifications for the construction of PROJECT NAME (PROJECT NO. xx), hereinafter called “PROJECT,” were regularly adopted by Council Motion –OR- Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Motion –OR- Council Resolution No. __________________, on ________________.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Motion –OR- Council Resolution No. __________________ . The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Municipal Utilities Department of the City of Stockton.
Total compensation for services and reimbursement for costs shall not exceed ENTER CONTRACT AMOUNT, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27, effective September 27, 2016.
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.
Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of 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 EXHIBIT 2 863
Construction Contract
00500-2
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. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all 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.
4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016- 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Director of Municipal Utilities Department will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.
6. WORKING DAYS. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of XXX AND NO/100 DOLLARS EXHIBIT 2 864
Construction Contract
00500-3
($XXX) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Municipal Utilities Department, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Municipal Utilities Department in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Municipal Utilities Department or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties.
CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting 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.
EXHIBIT 2 865
Construction Contract
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c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Division 2, Part 7, Chapter 1, Article 2, Wages of the California Labor Code shall be considered part of the contract agreement. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division=
2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, 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 craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Municipal Utilities Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
EXHIBIT 2 866
Construction Contract
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iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
e. LOCAL EMPLOYMENT ORDINANCE
For contracts valued at $100,000 and above, pursuant to Stockton Municipal Code Section
3.68.095 the CONTRACTOR and 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 by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with Section 3.68.095.
f. COMMUNITY WORKFORCE TRAINING AGREEMENT
For contracts valued at 1,000,000 and above, pursuant to the implementation of the Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of the CWTA. For any project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and no separate compliance with Section
3.68.095 will be required of the Contractors/Employers working on the project. g. SANCTIONS
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.
CITY agrees:
8. COMPENSATION. To pay CONTRACTOR for the work herein contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Municipal Utilities Department as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Municipal Utilities Department of such completion.
9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.
CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable EXHIBIT 2 867
Construction Contract
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and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.
Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27- 1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-
1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11. AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.
12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.
ATTEST: CITY:
ELIZA R. GARZA, CMC
CITY CLERK
CITY OF STOCKTON
By:
By: HARRY BLACK
CITY MANAGER
APPROVED AS TO FORM & CONTENT:
LORI ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
LIST NAME OF CONTRACTOR
By:
ASSISTANT CITY ATTORNEY
Tax Identification No.
EXHIBIT 2 868
Construction Contract
00500-7
LOCAL EMPLOYMENT ORDINANCE
This contract is subject to the requirements of the City of Stockton’s Local Employment Ordinance. By my signature below, I certify that I have read and understood the Local Employment Ordinance of the City of Stockton, and agree to abide by its provisions. If selected to perform this contract, I specifically agree to report data on the actual number of Stockton residents employed, and understand that data will be subject to verification by an independent auditor.
Signature of Bidder
Date Signed
EXHIBIT 2 869
Construction Contract
00500-8
Addendum A
CITY OF STOCKTON COMMUNITY WORKFORCE AND TRAINING AGREEMENT
AGREEMENT TO BE BOUND
The undersigned, as a Contractor or Subcontractor, including construction material trucking company/entity, (CONTRACTOR) on the City of Stockton Project, (hereinafter PROJECT), for and in consideration of the award to it of a contract to perform work on said PROJECT, and in further consideration of the mutual promises made in this Community Workforce and Training Agreement (hereinafter AGREEMENT), a copy of which was received and is acknowledged, hereby:
(1) Accepts and agrees to be bound by the terms and conditions of the AGREEMENT for this Project, together with any and all amendments and supplements now existing or which are later made thereto:
(2) The CONTRACTOR agrees to be bound by the legally established local trust agreements designated in the applicable Schedule A as set forth in Article IV of this AGREEMENT.
(3) The CONTRACTOR authorizes the parties to such local trust agreements to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the CONTRACTOR; (4) Certifies that it has no commitments or agreements which would preclude its full and complete compliance with the terms and conditions of said AGREEMENT. (5) Agrees to secure from any CONTRACTOR(S) (as defined in said AGREEMENT) which is or becomes a subcontractor (of any tier) to it, a duly executed Agreement to be Bound in form identical to this document.
(6) This Agreement to be Bound constitutes a subscription agreement to the extent of its terms. However, the undersigned agrees to execute a separate Subscription Agreement(s) or contributing employer agreement for Trust Funds when such Trust Fund(s) requires such document(s).
Date:______________________ __________________________________ Name of Contractor
__________________________________
(Name of Contractor Representative)
__________________________________
(Authorized Officer & Title)
__________________________________
CSLB # of Motor Carrier Permit
EXHIBIT 2 870
Construction Contract
00500-9
EXHIBIT A
RWCF DIGESTER GAS HOLDER DIAPHRAGM REPLACEMENT
Project No. UW24017
Item
# Description Est. Quantity Unit Unit Price Total Price 1 Mobilization, Demobilization, Bonds,
Permits, and Insurance 1 Lump Sum
2 Removal and disposal of the existing
diaphragm 1 Lump Sum
3 Installation of the new diaphragm,
including all new carriage bolts 1 Lump Sum
4 Removal, disposal, and installation
of all sheaves and cables 1 Lump Sum
5 Performance Testing 1 Lump
Sum
6 Instruction of City personnel on all
work 1 Lump Sum
7 Tank Interior Surface Preparation
and Application of Coating System –
Below Diaphragm Bolting Angles
1 Lump
Sum
8 Tank Interior Surface Preparation
and Application of Coating System –
Above Diaphragm Bolting Angles
1 Lump
Sum
9 Tank Floor Surface Preparation and
Application of Coating System 1 Lump Sum
10 Tank Interior Surface Preparation
and Application of Coating System -
Bottom of Piston
1 Lump
Sum
11 Contingency 1 Lump
Sum $50,000 $50,000
TOTAL BID: The sum of Items 1 through 11
EXHIBIT 2 871
Construction Contract
00500-10
EXHIBIT B
REFER TO SECTION 00820 – LIABILITY AND INSURANCE REQUIREMENTS
EXHIBIT 2 872
Construction Contract
00500-11
EXHIBIT C
DISCRIMINATION AND HARASSMENT POLICY
EXHIBIT 2 873
Construction Contract
00500-12
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That we, _______________________________, a (INDICATE STATUS: STATE OF [NAME STATE] CORPORATION, PARTNERSHIP, OR SOLE PROPRIETORSHIP), as Principal and , a corporation, organized and
existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of SPELL OUT CONTRACT AMOUNT AND xx/100 DOLLARS ($xxx enter dollar amount), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:
NAME OF PROJECT
(PROJECT NO. xxx)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.
EXHIBIT 2 874
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No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on
APPROVED AS TO SURETY: By:
PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:
LORI ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
ATTORNEY-IN-FACT
By:
ASSISTANT CITY ATTORNEY
EXHIBIT 2 875
Construction Contract
00500-14
BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That we, NAME OF CONTRACTOR, a (INDICATE STATUS: STATE OF [NAME STATE] CORPORATION, PARTNERSHIP, OR SOLE PROPRIETORSHIP), as Principal and , corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of SPELL OUT DOLLAR AMOUNT AND xx/100 DOLLARS ($xxx enter dollar amount), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:
NAME OF PROJECT
(PROJECT NO. xxx)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties EXHIBIT 2 876
Construction Contract
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from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on .
APPROVED AS TO SURETY: By:
PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:
JOHN M. LUEBBERKE
OFFICE OF THE CITY ATTORNEY
By:
ATTORNEY-IN-FACT
By:
ASSISTANT CITY ATTORNEY
EXHIBIT 2 877
Construction Contract
00500-16
EXHIBIT 2 878
General Conditions
00700-1
SECTION 00700 - GENERAL CONDITIONS
1.0 GENERAL
1.1 Intent of Contract Documents
The intent of the Contract Documents is to include all necessary criteria to establish the scope and quality for completion of the Work by Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all. Performance by the Contractor shall be required to the extent consistent with, and reasonably inferable from, the Contract Documents.
Where the Plans or Specifications describe portions of the Work in general terms but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish tools, equipment, and incidentals, and do all the work involved in executing the Contract in a satisfactory and workmanlike manner.
In the event the materials and/or equipment are to be furnished by the City, as designated in the General Requirements or as agreed on, this shall not relieve the Contractor of the above requirements to furnish all other labor, materials, and equipment to complete the Contract.
It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to the City.
1.2 Discrepancies and Omissions
Any discrepancies or omissions found in the Contract Documents shall be reported to the Construction Manager immediately. The Construction Manager will clarify discrepancies or omissions, in writing, within a reasonable time.
In the case of conflict or inconsistencies between terms of the Contract Documents, the following order of precedence shall apply:
a. The Contract and Exhibits, including change orders and permits; b. Supplementary Conditions and their Exhibits;
c. Instructions to Bidders;
d. General Conditions and their Exhibits;
e. The Project Specifications;
f. The Project Drawings;
g. City of Stockton Standard Specifications;
EXHIBIT 2 879
General Conditions
00700-2
h. City of Stockton Standard Drawings;
i. Where no order of precedence is stated, or if conflict or inconsistency cannot be resolved by a careful review of the Contract Documents, the more stringent of the requirements shown or specified shall be controlling.
Organization of the Specifications into various subdivisions and the arrangement of the Drawings shall not control Contractor in dividing the Work among subcontractors, in trades, or into design packages, or in establishing the extent of work to be performed by any trade.
Unless otherwise stated in the Contract Documents, technical words and abbreviations contained in the Contract Documents are used in accordance with commonly understood design professional and construction industry meanings; and non-technical words and abbreviations are used in accordance with their commonly understood meanings.
The Contract Documents may omit modifying words such as “all” and “any,” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. The use of the word “including,” when following any general statement, shall not be construed to limit such statement to specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation,” “but not limited to,” or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement.
Whenever the context so requires, the use of the singular number shall be deemed to include the plural and vice versa. Each gender shall be deemed to include any other gender, and each shall include corporation, partnership, trust, or other legal entity, whenever the context so requires. The captions and headings of the various subdivisions of the Contract Documents are intended only for reference and convenience and in no way define, limit, or prescribe the scope or intent of the Contract Documents or any subdivision thereof.
1.3 Headings
Headings to parts, divisions, sections, articles, paragraphs, subparagraphs, and forms are inserted for convenience of reference only and shall not affect the interpretation of the Contract Documents.
1.4 Penalty for Collusion
If, at any time, it is found that the person, firm, or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract shall be null and void, and the Contractor and its sureties shall be liable for loss or damage which the City may suffer thereby, and the City may advertise for new bids for said Work.
1.5 Successors and Assigns
The City and the Contractor, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants, agreements, and obligation EXHIBIT 2 880
General Conditions
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contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other and consent of Surety.
1.6 Assignment to City
Pursuant to Public Contract Code 7103.5, in entering into the Contract and all subcontracts, to supply goods, services, or materials pursuant to the Contract, the Contractor and its subcontractors offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract and subcontracts.
This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. Reference Paragraph 00100-23.
1.7 Rights and Remedies
The duties and obligations imposed by the Contract Documents and the rights and remedies available there under shall be in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or available by law.
No action or failure to act by the City, the Design Consultant, or the Construction Manager shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under, except as may be specifically agreed in writing.
2.0 ADMINISTRATION
2.1 Administration of the Contract
The City's Representative, the Construction Manager, and the Design Consultant will provide administration of the Contract as hereinafter discussed. The duties, responsibilities and limitations of authority of the Design Consultant and the Construction Manager as the representatives of the City during the construction, as set forth in the Contract Documents, will not be modified or extended without written consent of the City.
In case of the termination of the employment of the Design Consultant or the Construction Manager, the City shall appoint a Design Consultant or a Construction Manager whose status under the Contract Documents shall be that of the former Design Consultant or Construction Manager, respectively.
2.2 City's Representative
2.2.1 General - The City's Representative has the authority to act on behalf of the City to implement change orders, progress payments, contract performance decisions, acceptability of the Contractor's work, and early possession.
EXHIBIT 2 881
General Conditions
00700-4
2.2.2 Change Orders - The City's Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the Contractor or as recommended by the Construction Manager.
2.2.3 Progress Payments - The City's Representative has the authority to accept or reject requests for progress payments which have been submitted by the Contractor and recommended by the Construction Manager.
2.2.4 Contract Performance Decisions - Should the Contractor disagree with the Construction Manager's decision with respect to the contract performance, the Contractor may appeal to the City's Representative in accordance with the provisions herein.
2.2.5 Acceptability of Work - The City's Representative has the authority to make the final determination of the acceptability of the Work. The City's Representative also has the authority to accept or reject the Design Consultant's recommendations regarding retention of defective work as provided.
2.3 Construction Management
2.3.1 General - The Construction Manager is a representative of the City employed to act as advisor and consultant to the City in construction matters related to the Contract.
All instructions to the Contractor and all communications from the Contractor to the City or the Design Consultant shall be forwarded through the Construction Manager. The Construction Manager will have authority to act on behalf of the City only to the extent provided in the Contract Documents. The City has delegated its authority to the Construction Manager to make initial decisions regarding questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work under the Contract. The Construction Manager shall interpret the intent and meaning of the Contract and shall make initial decisions with respect to the Contractor's fulfillment of the Contract and the Contractor's entitlement to compensation. The Contractor shall look initially to the Construction Manager in matters relating to the Contract.
The Construction Manager's authority to act under Paragraph 00700-2.1, Administration of the Contract, and any decision made by it in good faith either to exercise or not to exercise such authority shall not give rise to any duty or responsibility of the City or Construction Manager to the Contractor, any subcontractor, any of their agents or employees, or any other person performing any of the Work.
2.3.2 Representative - The Construction Manager will be represented at the Site by a resident construction manager or resident engineer who will observe the progress, quality, and quantity of the Work to determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. The Construction Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work.
In accordance with the provisions detailed elsewhere in these General Conditions, the Construction Manager will make decisions relative to all matters of interpretation or execution of the Contract Documents.
2.3.3 Inspection of Construction - The Construction Manager shall have the authority to reject work and materials which do not conform to the Contract Documents, and to require special inspection or testing in accordance with Paragraph 00700-5.3, Defective and Unauthorized Work.
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In addition to the resident construction manager or resident engineer, the Construction Manager may employ one or more inspectors to observe the Work and to act in matters of construction under this Contract. An inspector is not authorized to revoke, alter, or waive any requirements of the Specifications. The inspector is authorized to call the attention of the Contractor to any failure of the Work, materials or workmanship to conform to the Contract Documents. The inspector shall have the authority to reject materials or, in any emergency, suspend the Work. The Contractor may appeal any such issue which it disagrees with to the Construction Manager for decision.
2.3.4 Acceptability of the Work - The Construction Manager has the authority to make a recommendation as to the acceptability of the Work.
2.3.5 Change Orders - The Construction Manager has the authority to initiate change orders; to reject change orders proposed by the Contractor or Design Consultant; to negotiate and recommend acceptance of change orders; or to order minor changes in the Work at no cost to the City.
2.3.6 Construction Schedule - The Construction Manager has the authority to review and recommend acceptance of the progress schedule submitted by the Contractor at the start of the Work and subsequent significant revisions for conformance to the specified sequence of work and logic.
2.3.7 Progress Payments - The Construction Manager has the authority to recommend acceptance or rejection of requests for progress payments which have been submitted by the Contractor.
2.3.8 Final Payment - The Construction Manager, with the assistance of the Design Consultant will conduct inspections to determine the dates of substantial completion of the Work and final completion of the Work, and will receive and forward to the City, for the City's review, written warranties, and related documents required by the Contract and assembled by the Contractor.
2.3.9 Early Possession - The Construction Manager has the authority to recommend early possession.
2.4 Design Consultant
2.4.1 General - The Design Consultant will have the authority to act on behalf of the City only to the extent provided in the Contract Documents.
2.4.2 Interpretations - The Design Consultant has the authority to be the initial interpreter of the technical requirements of the Contract Documents. Either party to the Contract may make written request to the Construction Manager for interpretations necessary for the proper execution or progress of the Work. The Construction Manager shall refer such written requests to the Design Consultant, who will render such interpretations. Where the Contractor has requested an interpretation from the Construction Manager, or been notified by the Construction Manager that such interpretation has been requested by the City, any work done before receipt of such interpretations, if not in accordance with same, shall be removed and replaced or adjusted as directed by the Construction Manager without additional expense to the City.
2.4.3 Acceptability of the Work - The Design Consultant has the authority to make a recommendation as to the acceptability of the Work. The Design Consultant has the authority to recommend acceptance regarding the retention of defective work.
2.4.4 Site Observations - The Design Consultant may visit the Site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents.
However, the Design Consultant will not be required to make extensive or continuous on-site inspections to check the quality or quantity of the Work.
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2.4.5 Submittal - The Contractor shall submit, through the Construction Manager, all shop drawings, product data and samples for review.
The Design Consultant has the authority to review and take other appropriate action upon the Contractor's submittals such as shop drawings, product data and samples, but only for conformance with the design concept of the Work and the information given in the Contract Documents.
3.0 CITY
3.1 General
The City, acting through the City's Representative or the Construction Manager, shall have the authority to act as the sole judge of the Work and materials with respect to both quantity and quality as set forth in the Contract.
3.2 Attention to Work
The City shall notify the Contractor in writing of the name of the individual designated as the City's Representative and the name of the individual designated by the Construction Manager to act as resident construction manager or resident engineer. The Construction Manager's designated representative normally will be at the Site of the Work. During the representative's absences, the Contractor may contact a previously designated representative of the Construction Manager.
3.3 Inspection
In addition to the resident construction manager or resident manager or resident engineer, the City may employ one or more inspectors to observe the Work and to act in matters of construction under this Contract. An inspector is not authorized to revoke, alter, or waive any requirements of the specifications. The inspector is authorized to call the attention of the Contractor to any failure of the Work or materials to conform to the Contract Documents. The inspector shall have the authority to reject material or, in any emergency, suspend the Work. The Contractor may appeal any such issue with which it disagrees to the Construction Manager for decision by the Construction Manager.
Separate and independent from the inspection above, the project may be inspected by Building Officials for code compliance. Such inspectors shall have the authority provided to them by local jurisdiction.
Construction Manager will have authority to disapprove or reject Work which Construction Manager believes to be defective, or that Construction Manager believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.
Construction Manager will also have authority to require special inspection or testing of the Work as provided in this Section, whether or not the Work is fabricated, installed, or completed.
Contractor shall give Construction Manager timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.
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If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Construction Manager the required certificates of inspection or approval.
Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for City’s and Construction Manager‘s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to the City and Construction Manager.
If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Construction Manager, it must, if requested by Construction Manager, be uncovered for observation.
Uncovering Work shall be at Contractor's expense unless Contractor has given Construction Manager timely notice of Contractor's intention to cover the same and Construction Manager has not acted with reasonable promptness in response to such notice.
If any Work is covered contrary to the written request of Construction Manager, it must, if requested by Construction Manager, be uncovered for Construction Manager’s observation and replaced at Contractor's expense without adjustment of Contract Time or Contract Price.
If Construction Manager considers it necessary or advisable that covered Work be observed by Construction Manager or inspected or tested by others, Contractor, at Construction Manager’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Construction Manager may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, Contractor shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and the City shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, the City may make a Claim therefore as provided in these documents. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefore as provided in these documents.
3.4 City's Right to Carry Out the Work
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within 48 hours after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, after 48 hours following receipt by the Contractor of an additional written notice and without prejudice to any other remedy make good such deficiencies.
The City also reserves the right to perform any portion of the Work due to an emergency threatening the safety of the Work, public, City, and any property or equipment.
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The Contractor is forewarned that in exercising the rights and remedies under this paragraph, the City shall proceed expeditiously. In connection with such corrective and remedial action, the City may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which City has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow the City, City's representatives, agents and employees, City's other contractors, and Construction Manager and Construction Manager's Consultants access to the Site to enable City to exercise the rights and remedies under this paragraph.
All Claims, costs, losses, and damages incurred or sustained by the City in exercising the rights and remedies under this paragraph 3.4 will be charged against CONTRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, City may make a claim therefor as provided in paragraph 7.5.2. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work.
CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by City of City's rights and remedies under this paragraph 3.4.
3.5 City's Right to Use or Occupy
The City reserves the right, prior to Substantial Completion, to occupy, or use, any completed part or parts of the Work, providing these areas have been approved for occupancy by the City. The exercise of this right shall in no way constitute an acceptance of such parts, or any part of the Work, nor shall it in any way affect the dates and times when progress payments shall become due from the City to the Contractor or in any way prejudice the City's rights in the Contract, or any bonds guaranteeing the same. The Contract shall be deemed completed only when all the Work contracted has been duly and properly performed and accepted by the City.
Prior to such occupancy or use, the City and Contractor shall agree in writing regarding the responsibilities assigned to each of them for payments, security, maintenance, heat, utilities, damage to the Work, insurance, the period for correction of the Work, and the commencement of warranties required by the Contract Documents.
In exercising the right to occupy or use completed parts of the Work prior to the Substantial Completion thereof, the City shall not make any use which will materially increase the cost to the Contractor, without increasing the Contract Amount, nor materially delay the completion of the Contract, without extending the time for completion.
The part or parts of the Work, if any, which the City anticipates the use or occupancy of prior to Substantial Completion, are noted in Paragraph 01010-7.0, Occupancy Requirements. Failure to include a part of the Work in the above Section, shall not limit the City's right to use or occupy parts of the Work not listed.
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3.6 City's Right to Perform Work and to Award Separate Contracts The City reserves the right to perform the work related to the Project with the City's own forces, and to award separate contracts in connection with the Project or other work on the Site under these or similar General Conditions. If the Contractor claims that delay, damage, or additional cost is involved because of such action by the City, the Contractor shall make such claim as provided elsewhere in the Contract Documents.
When separate contracts are awarded for different portions of the Project or other work on the Site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Agreement.
The City will provide for the coordination of the work of the City's own forces and of each separate Contractor with the Work of the Contractor, who shall cooperate therewith as provided in Paragraph 00700-4.8.3, Cooperation.
4.0 CONTRACTOR
4.1 Office
The Contractor's office at the Project Site is hereby designated as the legal address of the Contractor for the receipt of documents, samples, notices, letters, and other articles of communication.
4.2 Contractor's Representative
The Contractor shall notify the City in writing of the names of the persons who will act as the Contractor's representative and his or her designated alternate, and who shall have the authority to act in matters relating to this Contract. The Contractor, acting through its representative, shall give personal attention to, and shall manage the Work, so that it shall be prosecuted faithfully. The Contractor’s representative shall be an employee of the Contractor. Upon written request of the Contractor, this employment requirement may be waived by the City. The City's waiver, if granted, will be in writing. There is no obligation by the City to waive this provision regardless of the effect on the Contractor's operations. Such waiver may be rescinded by City upon reasonable written notice thereof.
At all times during the progress of the Work, the Contractor's representative shall be personally present at the Project site, or a designated alternate shall be at the Project site who has the authority to act in matters relating to the Contract. The Contractor's representative or designated alternate shall have the authority to carry out the provisions of the Contract and to supply materials, equipment, tools, and labor without delay for the performance of the Work. If neither the Contractor’s representative nor a designated alternate is at the Project site, the City acting through the Construction Manager shall have the authority as provided in Paragraph 00700-6.6, Temporary Suspension of Work, to suspend the work until such a representative is at the Project site.
Before initial work is begun on the Contract, the Contractor shall file, with the Construction Manager, addresses and telephone numbers where the Contractor's and all subcontractors' representatives can be reached during all hours, including nights and weekends when work is not in progress.
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4.3 Construction Procedures
The Contractor will supervise and direct the work. The Contractor has the authority to determine the means, methods, techniques, sequences, and procedures of construction, except in those instances where the City, to define the quality of an item of work, specifies in the Contract, a means, method, technique, sequence, or procedure for construction of that item of Work.
4.4 Contractor's Employees
The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of its employees.
Workers shall have sufficient knowledge, skill, and experience to perform properly the work assigned to them.
The Contractor shall employ only competent, skillful workers to perform the Work. If any subcontractor or person employed by the Contractor or its subcontractors, appear to the Construction Manager or City's Representative to be incompetent or act in a disorderly or improper manner, such person or subcontractor shall be discharged from the site immediately by the Contractor upon written direction of the Construction Manager or City's Representative, and such person shall not again be employed on the Project.
4.5 Subcontractors
The Contractor shall give their personal attention to the fulfillment of the contract and shall keep the work under his control.
Subcontractors will not be recognized as having a direct relationship with the City. The persons engaged in the Work, including employees of subcontractors and suppliers, will be considered employees of the Contractor. The Contractor will be responsible for their work and their work shall be subject to the provisions of the Contract. The Contractor is as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as the Contractor is for the acts and omissions of persons directly employed by the Contractor. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. References in the Contract Document to actions required of subcontractors, manufacturers, suppliers, or any party other than the Contractor, the City, the Construction Manager, or the Design Consultant shall be interpreted as requiring that the Contractor shall require such subcontractor, manufacturer, supplier, utility company, or party to perform the specified action, unless the Contract Documents specifically state that the Work is not included in the Contract.
The Contractor shall not employ any subcontractors that are not properly licensed in accordance with State law. Prior to commencement of any work by a subcontractor, the Contractor shall submit verification to the Construction Manager that the subcontractor is properly licensed for the work it will perform. Changes to subcontractors listed in the Bid in accordance with Public Contract Code 4100 et. seq., shall be made only with the approval of the City.
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4.6 Contractor's Equipment and Facilities
The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.
4.7 Public Safety and Convenience
The Contractor shall conduct its work so as to ensure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work and to ensure the protection of persons and property at no extra cost to the City. The Contractor shall have under construction no greater length or amount of work than it can prosecute properly with due regard to the rights of the public.
4.8 City-Contractor Coordination
4.8.1 Service of Notice - Notice, order, direction, request, or other communication given by the Construction Manager or City to the Contractor shall be deemed to be well and sufficiently given to the Contractor if delivered to the Contractor's Representative designated in Paragraph 00700-4.2, Contractor's Representative, to the Contractor's office designated in Paragraph 00700-4.1, Office, or to the Contractor's address provided in the Bid Proposal.
4.8.2 Suggestions to Contractor - Plans or methods of work suggested by the City, the Construction Manager, or the Design Consultant to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. The City, and Construction Manager, or the Design Consultant assume no responsibility therefore, and in no way will be held liable for any defects in the Work which may result from or be caused by use of such plan or method of work.
4.8.3 Cooperation - The Contractor shall afford the City, the Construction Manager and separate contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate the Work with theirs as required by the Contract Documents.
If any part of the Contractor's Work depends for proper execution or results upon the work of the City or any separate contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Construction Manager any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor to so report shall constitute an acceptance of the City's or separate contractor's work as fit and proper to receive the Work, except as to latent defects which subsequently become apparent in such work by others.
If requested by the Contractor, the City shall arrange meetings with other contractors performing work on behalf of the City to plan coordination of construction activities. The City shall keep the Contractor informed of the planned activities of other contractors.
Differences and conflicts arising between the Contractor and other contractors employed by the City or between the Contractor and the workers of the City with regard to their work, shall be submitted to the City for its decision in the matter. If such separate contractor sues the City on account of any delay or damage alleged to have been caused by the Contractor, the City shall notify the Contractor who shall, at the City's election, defend such proceedings at the Contractor's expense. If any judgment or award against the City arises from any such litigation whether EXHIBIT 2 889
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defended by City or by Contractor, the Contractor shall pay or satisfy said judgment or award and shall reimburse the City for all attorney's fees and court costs which the City has incurred or for which it is liable.
4.9 Permits
Unless specifically stated to be provided by the City, Contractor shall apply for, obtain, and comply with all the terms, conditions and requirements attached to all permits, bonds and licenses required by local, state, or federal agencies to perform work, construct, erect, test and start up of any equipment or facility for this Contract. Permits shall be kept on-site. Where operating permits are required, the Contractor shall apply for and obtain such operating permits in the name of the City and provide the permit in an appropriate frame or file holder when the City accepts substantial completion of the equipment or facility. The Contractor shall give all notices necessary or incidental to the due and lawful prosecution of the work.
Any permits, bonds, licenses and fees therefore required for the performance of work under this Contract and not specifically mentioned herein as having been obtained and paid by the City shall be included in the Contractor's bid price.
The Contractor shall be responsible for satisfying all code requirements. Any code inspections will be coordinated by the Construction Manager. The Contractor shall comply with all construction conditions stipulated in the permits.
The Contractor shall apply for and obtain all safety permits for excavations, tunneling, trenches, construction (building structure, scaffolding, or false work) and demolition required by CAL/OSHA including but not limited to, the permits required by Labor Code Section 6500.
The Environmental Quality Act of 1970 (Public Resources Code, Sections 21000 to 21176 incl.) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from local agencies in connection with performing the work of the contract. The Contractor shall comply with the provisions of said statutes in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.
In the event that the City has obtained permits, licenses or other authorizations, applicable to the work, in conformance with the requirements in said Environmental Quality Act of 1970, the Contractor shall comply with the provisions of said permits, licenses and other authorizations.
4.10 Contractor's Responsibility for the Work and Materials Until acceptance of the Work, the Contractor shall have the charge and care of the Work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof (regardless of whether partial payments have been made on such damaged portions of the Work) by the action of the elements or from any other cause, whether or not arising from the non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and proximately caused by acts of the City.
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4.11 Laws to be Observed
The Contractor shall keep fully informed of all existing and future County, State, and National laws and regulations and all municipal ordinances and regulations of the City which in any manner affect those engaged or employed in the Work and of all such orders and decrees of bodies having any jurisdiction or authority over the same; and shall protect and indemnify the City and all of its officers, agents, and servants against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, orders, or decrees whether by the Contractor or its employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or Contract for the Work in relation to any such law, ordinance, regulations, order or decree, the Contractor shall immediately report the same to the Construction Manager in writing.
4.11.1 Prevailing Wage - The Contractor shall comply with Labor Code Sections 1774 and 1775. In accordance with said Section 1775, the Contractor shall forfeit, as a penalty to the City of Stockton, $25 for each calendar day or portion thereof, for each workman paid less than the prevailing rates as determined by the Director of Industrial Relations for such work or craft in which such workman is employed for any work done under the contract by him or by any subcontractor under him violation of the provisions of the Labor Code and, in particular, Labor Code Section 1770 and 1780, inclusive.
In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less that the stipulated prevailing wage rate shall be paid to each workman by the Contractor.
Pursuant to provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension, travel time, and subsistence pay as provided for in Section 1773.8 of said Code, apprenticeship or other training programs authorized by Section 3093 of said code and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workman concerned. These wage rates are set forth in the Division of Industrial Relations publication entitled "General Prevailing Wage Rates", which is part of the Contract.
Pursuant to the provisions of Section 1773.2 of the Labor Code (as amended) the general prevailing wage rates for each craft, classification or type of workman are on file at the Municipal Utilities Department, 2500 Navy Drive, Stockton, California. A copy of said wage rates shall be posted by the Contractor in a prominent place at the site of the work.
The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his bid, and will not under any circumstances be considered as the basis of a claim against the City on the Contract.
4.11.2 Travel and Subsistence Payments - Attention is directed to the requirements of Section 1773.8 of the Labor Code. The Contractor shall make travel and subsistence payment to each workman, needed to execute the work, in accordance with the requirements in said Section 1773.8.
4.11.3 Certified Payrolls - In accordance with Section 1776 of the Labor Code, each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the EXHIBIT 2 891
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actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the project.
The payroll records shall be certified and submitted to the City, and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
b. A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
c. A certified copy of all payroll records shall be made available upon request by the public in accordance with Section 1776 of the Labor Code.
The Contractor is responsible for its and its subcontractors’ compliance with the provisions of Section 1776 of the Labor Code.
4.11.4 Overtime Requirements - The Contractor shall forfeit, as a penalty to the City, the penalty as provided in the Labor Code for each worker employed in the execution of the Contract by the Contractor, or any subcontractor under the Contractor, for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any one week, in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815 thereof, inclusive, except that work performed by employees of Contractors in excess of eight (8) hours a day and forty (40) hours during one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, at not less than one and a half (1½) times the basic rate of pay as provided for in the Labor Code.
4.11.5 Apprentice and Trainee - Attention is directed to the provisions in Section 1777.5 of the Labor Code and in accordance with the regulations of the California Apprenticeship Council concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor.
Section 1777.5 requires the Contractor or subcontractors employing tradespersons in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the project which administers the apprenticeship program in that trade for a certificate of approval. The Contractor and subcontractors are required to submit contract award information to the applicable joint apprenticeship committee. As provided for in Section 1777.5 of the Labor Code, the Contractor is required to make contributions to funds established for the administration of apprenticeship programs.
It shall be the responsibility of the Contractor to abide by the provisions of Section 1777.5 of the Labor Code and to require all subcontractors employed by or contracting with the Contractor to abide by said provisions. The Contractor shall furnish the City any and all evidence of compliance with this Code Section when requested by the City.
It is City policy to encourage the employment and training of apprentices on public works contracts as may be permitted under local apprenticeship standards.
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For failure to comply with Section 1777.5 of the Labor Code, the Contractor shall be subject to the penalties in Section 1777.7 of the Labor Code.
4.11.6 Workers' Compensation Insurance - The Contractor is required to secure the payment of compensation to its employees in accordance with the provisions of Sections 1860 and 3700 of the Labor Code and Paragraph 00820-2.4, Workers' Compensation Insurance.
4.11.7 Labor Discrimination - Attention is directed to Section 1735 of the Labor Code, which reads as follows:
No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every Contractor for public works violating this Section is subject to all the penalties imposed for a violation of this chapter.
Attention is also directed to the requirement in Section 1431 of the Labor Code and Sections 300 and 317 through 323 of Title 8 of the California Administrative Code that the Contractor shall submit his Equal Employment Opportunity Program and certification fee to the Fair Employment Practice Commission, in the event that the bid price for the contract exceeds $200,000.
4.11.8 Vehicle Code - Pursuant to the authority contained in Vehicle Code Section 591, the City has determined that within such areas as are within the limits of the project and are open to public traffic, the following requirements of the Vehicle Code will apply: The lighting requirements in Section 25803; the brake requirements in Division 12, Chapter 3; the splash apron requirements in Section 27600; and, when operated on completed or existing treated base, surfacing, pavement or structures, except as otherwise provided in Section 7-1.02, "Weight Limitations," the weight limitation requirements contained in Division 15.
Attention is directed to the statement in said Section 591 that this Section shall not relieve him or any person from duty of exercising due care. The Contractor shall take all necessary precautions for safe operations of his equipment and the protection of the public from injury and damage from such equipment.
Any other requirements set forth in Division 11, 12, 13, 14 and 15 of the Vehicle Code which the Department, pursuant to the authority contained in Vehicle Code Section 591, will require compliance with, will be set forth in the special provisions.
4.12 Safety
4.12.1 Contractor's Safety Responsibility - The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and local laws, ordinances, codes, the requirements set forth below, and any regulations that may be detailed in other parts of these Contract Documents. Where any of these are in conflict, the more stringent requirement shall be followed.
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General Conditions
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No provision of the Contract Documents shall act to make the City, the Construction Manager or any other party than the Contractor responsible for safety. The Construction Manager shall not have authority for safety on the project. The Contractor shall indemnify, defend and hold harmless the City, Construction Manager, or other authorized representatives of the City, from and against any and all actions, damages, fines, suits, and losses arising from the Contractor's failure to meet all safety requirements and/or provide a safe work site.
If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Construction Manager and the City. In addition, the Contractor must promptly report in writing to the Construction Manager all accidents whatsoever arising out of, or in connection with, the performance of the Work whether on, or adjacent to, the Site, giving full details and statements of witnesses. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the work being performed under this Contract.
If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Construction Manager, giving full details of the claim.
4.12.2 Safety Program - The Contractor shall establish, implement, and maintain a written injury prevention program as required by Labor Code Section 6401.7. Before beginning the Work the Contractor shall prepare and submit to the Construction Manager a Contractor Safety Program that provides for the implementation of all of the Contractor's safety responsibilities in connection with the Work at the site and the coordination of that program and its associated procedures and precautions with safety programs, precautions and procedures of each of its subcontractors and other prime Contractors performing work at the site. The Contractor shall be solely responsible for initiating, maintaining, monitoring, coordinating, and supervising all safety program, precautions, and procedures in connection with the Work and for coordinating its programs, precautions, and procedures of the other prime contractors and subcontractors performing the Work at the site. The Safety Program should contain all the necessary elements for the Contractor to administer its program on site. At a minimum, this written Safety Program shall address the elements required by Labor Code Section 6401.7. The Contractor shall obtain a copy of the City's Municipal Utilities Department's Injury and Illness Prevention Program and the Safety Manual and incorporate appropriate safety procedures into their Safety Program. The Contractor shall also comply with the Department's "Contractor’s Safety Rules" in Section 01500-10.
The program shall also address the following:
a. Compliance with Laws, Rules, and Regulations
b. Infractions of Safety Rules
1. Reported to Contractor's designated Safety Supervisor
2. Time correction
3. Contractor to enforce safety requirements on its subcontractors
4. Non-complying employees to be removed from the Project c. Housekeeping
1. Continuous cleaning required
EXHIBIT 2 894
General Conditions
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2. Final clean up required
d. Means of Implementing the Program
1. All new employees to receive training on the Contractor's Safety Program prior to starting work.
2. Periodic tool box meetings with agenda recorded.
3. Documented safety inspections by Safety Supervisor.
4. Establish emergency procedures and telephone numbers including the procedure for the immediate removal to a hospital or a doctor's care of persons who may be injured on the jobsite. The Contractor shall maintain at its office or other wellknown place at the Site safety equipment applicable to the Work as prescribed by the aforementioned authorities, and all items necessary for giving first aid to the injured.
5. Project bulletin board with required policies.
6. At least two employees on each shift should have First Aid training and maintain a current First Aid card issued by an agency such as the American Red Cross.
7. Completion of a job hazard analysis for specific construction activities.
8. Establish a hazard communication program for informing the Contractor's and subcontractor's personnel, Construction Manager, City, and other affected parties of specific hazards on the project.
9. Establish a confined space entry program in accordance with Cal OSHA requirements.
e. Define the duties and responsibilities of Contractor management personnel for safety.
1. Project Manager
2. General Superintendent
3. Foreman
4. Safety Supervisor
f. Accident Investigation
1. Investigate all accidents and near misses.
2. Develop steps to prevent a reoccurrence.
3. Completion of all reporting paperwork.
The Contractor's compliance with requirements for safety and/or the Construction Manager's review of the Contractor's Safety Program shall not relieve or decrease the liability of the Contractor for safety. The Construction Manager's review of the Contractor's Safety Program is only to determine if the above listed elements are included in the program.
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General Conditions
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4.12.3 Safety Supervisor - The Contractor shall appoint an employee as safety supervisor who is qualified and authorized to supervise and enforce compliance with the Safety Program. The Contractor shall notify the Construction Manager in writing prior to the commencement of work of the name of the person who will act as the Contractor's safety supervisor and furnish the safety supervisor's resume to the Construction Manager.
The Contractor will, through and with his Safety Supervisor, ensure that all of its employees and its subcontractors of any tier, fully comply with the Project Safety Policies. The Safety Supervisor shall be a full-time employee of the Contractor whose responsibility shall include supervising compliance with applicable safety requirements on the work site and for developing and implementing safety training classes for all job personnel. The City shall have the authority to require removal of the Contractor's Safety Supervisor if the representative is judged to be improperly or inadequately performing the duties; however, this authority shall not in any way affect the Contractor's sole responsibility for performing this work safely, nor shall it impose any obligation upon the City to ensure the Contractor perform its work safely.
4.12.4 Safety Coordination Meetings - The Contractor and its affected subcontractors shall attend safety coordination meetings with the Construction Manager and any other affected parties. The meeting shall be held at least monthly and prior to the start of new construction activities.
Construction activities will be reviewed prior to the start of work in the various areas to determine potential hazards. The Contractor will be responsible for preparing job hazard analyses to breakdown the activities to be performed in a step-by-step procedure and provide safety guidelines for each step and any special equipment necessary to protect workers. The Contractor will act as facilitator for the meeting. The Construction Manager will participate in the safety coordination meetings but will not direct the Contractor on how to perform its safety operations.
4.12.5 Safety and Protection - The Contractor shall take all necessary protection to prevent damage, injury, and loss to:
a. All employees on the Project, employees of all subcontractors, and other persons and organizations who may be affected thereby;
b. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and
c. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.
The Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any subcontractor, supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the Contractor.
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General Conditions
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4.12.6 Excavation Safety - In accordance with the provisions of Section 6705 of the Labor Code, the Contractor shall submit, in advance of excavation five feet or more in depth, detailed plans showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from hazard of caving ground during such excavation. If such plans vary from the shoring system standards set forth in the Construction Safety Orders in Title 8, California Code of Regulations, the plans shall be prepared and signed by a registered civil or structural engineer. Shoring, bracing, sloping, or other protective system shall not be less effective than required by the California Construction Safety Orders. The City's review of the Contractor's excavation plan is only for general conformance to the California Construction Safety Orders.
Prior to commencing any excavation, the Contractor shall designate in writing to the Construction Manager the "competent person(s)" with the authority and responsibilities designated in the Construction Safety Orders.
4.12.7 Safety Emergencies - In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Construction Manager, is obligated to act to prevent threatened damage, injury or loss.
The Contractor shall give the Construction Manager prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby.
4.12.8 Safety Violations - Should the Contractor fail to correct an unsafe condition, the Construction Manager shall immediately notify the City of the Contractor's failure to correct the unsafe condition.
The City shall then notify the Contractor through the Construction Manager that the unsafe condition must be corrected or the work in question will be stopped in accordance with Paragraph 00700-6.6, Temporary Suspension of Work until the condition is corrected to the satisfaction of the City. No extension of time or additional compensation will be granted as a result of any stop order so issued. The notification and suspension of such work or the failure to provide such notification and suspension by the Construction Manager and City shall not relieve the Contractor of its sole responsibility and liability for safety.
The City shall have the authority to require the removal from the project of the foreman and/or superintendent in responsible charge of the work where safety violations occur.
4.12.9 Equipment Safety Provisions - The completed Work shall include all necessary permanent safety devices, such as machinery guards and similar ordinary safety items, required by the State and Federal (OSHA) industrial authorities and applicable local and national codes. Further, any features of the Work, including City-selected equipment, subject to such safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. All equipment furnished shall be grounded and provided guards and protection as required by safety codes. Where vaportight or explosion-proof electrical installation is required by safety codes, this shall be provided.
Contractors and manufacturers of equipment shall be held responsible for compliance with the requirements included herein. The Contractor shall notify all equipment suppliers and subcontractors of the provisions of this paragraph.
4.12.10 Hazard Communication Programs- Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.
4.13 Review of Contract Documents and Field Conditions by Contractor; Single Point Responsibility of Contractor - In addition to the examination and reviews performed, and obligations assumed, incidental to making the representations set forth in the Contract, Contractor shall carefully study and compare each of the Contract Documents with the others and with information furnished by EXHIBIT 2 897
General Conditions
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City, and shall promptly report in writing to City’s Representative any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable code requirements observed by Contractor. Contractor shall determine the most desirable method of achieving City’s requirements in terms of cost, technology, quality and speed of delivery.
Contractor is responsible for the construction of the Project and shall provide all services pursuant to this Contract in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the Project (including its contracting mode). Contractor shall perform its construction services in accordance with the best practices applicable to Contractor’s field ordinarily used by member of construction industry in the location where the services are to be performed. Contractor shall take field measurements, verify field conditions, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time shall be promptly reported in writing to City’s Representative.
If Contractor performs any construction activity which it knows, or should know, involves an error, inconsistency, or omission in relation to the Contract Documents, without notifying and obtaining the written consent of City, Contractor shall be responsible for the resultant losses, including, without limitation, the costs of correcting Defective Work.
Contractor agrees that it has single point responsibility for the construction of this Project.
4.14 Supervision and Construction Procedures - Contractor shall supervise, coordinate, and direct the Work using Contractor’s best skill and attention. Contractor shall be solely responsible for, and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work, including, but without limitation, landscape and site work, utilities, and building systems.
Contractor shall be responsible to City for acts and omissions of Contractor’s agents, employees, and subcontractors, of all tiers, and their respective agents and employees.
Contractor shall not be relieved of its obligation to perform the Work in accordance with the Contract Documents either by acts or omissions of City or City’s Representative in the administration of the Contract, or by tests, inspections, or approvals required, or performed, by persons or firms other than Contractor.
Contractor shall be responsible for inspection of all portions of the Work, including those portions already performed under this Contract, to determine that such portions conform to the requirements of the Contract Documents and are ready to receive subsequent Work.
Contractor shall at all times participate in, and implement, the CEQA and NEPA mitigation processes and ensure performance as required in the Contract Documents.
Contractor shall at all times maintain good discipline and order among its employees and subcontractors. Contractor shall provide competent, fully qualified personnel to perform the Work.
4.15 Labor And Materials - Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for all services, other services, labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other things necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.
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General Conditions
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5.0 CONTROL OF WORK AND MATERIALS
5.1 Means and Methods
It is expressly stipulated that the drawings, specifications and other Contract Documents set forth the requirements as to the nature of the completed Work and do not purport to control the method of performing work except in those instances where the nature of the completed Work is dependent on the method of performance.
Except as provided elsewhere in the Contract Documents, neither the City, Design Consultant nor the Construction Manager will be responsible for or have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. Except as provided elsewhere in the Contract Documents, neither the City, Design Consultant nor the Construction Manager will be responsible for or have control or charge over the acts or omissions of the Contractor, or any of their subcontractors, agents or employees, or any other persons performing any of the Work. Any general control of the Work exercised by the City or its authorized representatives shall not make the Contractor an agent of the City, and the liability of the Contractor for all damages to persons and/or to public or private property arising from the Contractor's execution of the Work shall not be lessened because of such general control.
Neither the inspection by the City, Design Consultant, or Construction Manager, nor any order, measurement, approved modification, or payment of monies, nor acceptance of any part or whole of the Work by the City, Design Consultants, Construction Manager, or their agents shall operate as a waiver of any provision of the Contract.
Acceptance by the Construction Manager, City and/or Design Consultant of any drawings, or any information regarding materials and equipment the Contractor proposes to furnish or method of work shall not be regarded as an assumption of risks or liability by the Construction Manager, Design Consultant, or the City, or any officer or employee thereof, and the Contractor shall have no claim under the Contract on account of the failure or partial failure or inefficiency or insufficiency of any plan or method of work or material and equipment so accepted. Such acceptance shall be considered to mean merely that the Construction Manager, City, and/or Design Consultant has no objection to the Contractor using, upon its own full responsibility, the plan or method of work proposed, or furnishing the materials and equipment proposed.
5.2 City-Furnished Materials
Materials, if furnished by the City, will be made available as designated in the General Requirements. The cost of loading, unloading, hauling and handling, and placing City-furnished materials shall be considered as included in the price bid for the Contract item involving such City-furnished material.
Contractor shall inspect and assure itself of the amount and soundness of such materials.
The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the City for the cost of replacing City-furnished material and such costs may be deducted from any monies due or to become due the Contractor.
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General Conditions
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5.3 Defective and Unauthorized Work
Materials and workmanship not conforming to the requirements of the Contract Documents shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the Site by the Contractor, at its expense, when so directed by the Construction Manager.
Any work done beyond the limits of work, lines, and grades shown on any approved plans or established by the Construction Manager, or any extra work done without written authority, will be considered as unauthorized and will not be paid for.
Upon failure on the part of the Contractor to comply with any order of the Construction Manager made under the provisions of this paragraph, the Construction Manager shall have authority to require special inspection and testing to verify if work is defective. Confirmed defective work shall be remedied, or removed and replaced, and unauthorized work be removed. The costs thereof will be deducted from any monies due or to become due the Contractor. The time, cost and compliance requirements stipulated in Paragraph 00700-3.4, City's Right to Carry Out the Work, shall apply for this paragraph also.
5.4 Unnoticed Defects
Any defective work or material that may be discovered by the City, Construction Manager, or Design Consultant before the final acceptance of the Work, or before final payment has been made, or during the warranty period, shall be removed and replaced by work and materials which shall conform to the provisions of the Contract Documents. Failure on the part of the City, Construction Manager, or Design Consultant to condemn or reject bad or inferior work or materials shall not be construed to imply acceptance of such work or materials.
5.5 Right to Retain Imperfect Work
If any part or portion of the work performed or material furnished under this Contract shall prove defective and not in accordance with the Drawings and Specifications, and if the imperfection in the same shall not be of sufficient magnitude or importance as to make the work dangerous or unsuitable, or if the removal of such work will create conditions which are dangerous or undesirable, the City shall have the right and authority to retain such work but shall make such deductions in the final payment therefore as may be just and reasonable.
6.0 PROGRESS OF THE WORK
6.1 Beginning of Work
The Contractor shall begin work within ten (10) days of the effective date of the Notice to Proceed and shall diligently prosecute the same to completion within the time limit.
Should the Contractor begin work in advance of receiving Notice to Proceed, any work performed in advance of the said date of approval shall be considered as having been done by the Contractor at its own risk and as a volunteer.
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General Conditions
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6.2 Time of Completion
Time shall be of the essence of the Contract. The Contractor shall prosecute the work so that the various portions of the project shall be complete and ready for use within the time specified in Paragraph 01010-3.0, Time Allowed for Completion. It is expressly understood and agreed by and between the Contractor and the City that the Contract time for completion of the work described herein is a reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality and the nature of the work.
6.3 Delays
6.3.1 Notice of Delays - When the Contractor foresees a delay in the prosecution of the Work and, in any event, immediately upon the occurrence of a delay, the Contractor shall notify the Construction Manager in writing of the probability of the occurrence and the estimated extent of the delay, and its cause. The Contractor shall take immediate steps to prevent, if possible the occurrence or continuance of the delay. The Contractor agrees that no claim shall be made for delays which are not called to the attention of the Construction Manager at the time of their occurrence.
6.3.2 Non-excusable Delays - Non-excusable delays in the prosecution of the Work shall include delays which could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers.
6.3.3 Excusable Delays - Excusable delays in the prosecution or completion of the Work shall include delays which result from causes beyond the control of the Contractor and City and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers.
6.3.3.1 Abnormal Delays - Delays caused by acts of god, fire, unusual storms, floods, tidal waves, earthquakes, strikes, labor disputes, and freight embargoes, shall be considered as excusable delays insofar as they prevent the Contractor from proceeding with at least seventy-five (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item(s) on the latest favorably reviewed progress schedule.
6.3.3.2 Weather Delays - Should inclement weather conditions or the conditions resulting from weather prevent the Contractor from proceeding with seventy-five (75) percent of the normal labor and equipment force engaged in the current critical activity item for a period of at least five (5) hours per day toward completion of such operation or operations, and the crew is dismissed as a result thereof, it shall be a weather delay day. The Contractor may be granted a time extension pursuant to Paragraph 00700-6.4.2.c, Weather Delays.
6.3.3.3 Material Shortages - Upon the submission of satisfactory proof to the Construction Manager by the Contractor, shortages of material may be acceptable as grounds for granting a time extension. In order that such proof may be satisfactory and acceptable to the Construction Manager, it must be demonstrated by the Contractor that the Contractor has made every effort to obtain such materials, or obtain acceptable substitute materials, from all known sources within reasonable reach of the proposed Work. Only the physical shortage of material, caused by unusual circumstances, will be considered under these provisions as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical cost or price, unless it is shown to the satisfaction of the Construction Manager that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and usual practices in obtaining such quantities. A time extension EXHIBIT 2 901
General Conditions
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for shortage of material will not be considered for material ordered or delivered late or whose availability is affected by virtue of the mishandling of procurement. The above provisions apply equally to equipment to be installed in the work.
6.3.4 Compensable Delays - Compensable delays in the prosecution or completion of the Work shall include delays that occur through no fault of the Contractor and prevent the Contractor from proceeding with at least seventy-five (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item(s) on the latest favorably reviewed progress schedule due to the following cause(s):
a. Delays due solely to the actions and/or inactions of the City. b. Delays due to differing site conditions as defined in Paragraph 00700-7.3, Differing Site Conditions.
c. Delays due to other Contractors employed by the City who interfere with the Contractor's prosecution of the Work as defined above.
No delay shall be compensable unless the claimed event or occurrence delays completion of the work beyond the contractual completion date or the completion date shown in the accepted initial or updated schedules, and the delay affects a critical activity while such activity is on the critical path.
6.3.5 Concurrent Delays - Concurrent delays are those delay periods when the prosecution of the Work is delayed during the same period of time due to causes from a combination of the delays defined in Paragraphs 00700-6.3.2, Non-Excusable Delays, 00700-6.3.3, Excusable Delays, or 00700-
6.3.4, Compensable Delays. During such concurrent delay periods, time extensions will be granted in accordance with Paragraph 00700-6.4, Time Extensions; however, the Contractor shall not be compensated for its delay damages as defined in Paragraph 00700-6.4.3, or for any other damages, and the City shall not assess its actual costs as defined in Paragraph 00700-6.4.1, Nonexcusable Delays.
6.4 Time Extensions
6.4.1 Non-excusable Delays - The City may grant an extension of time for non-excusable delays if the City deems it is in its best interest. If the City grants an extension of time for non-excusable delays, the Contractor agrees to pay the City's actual costs, including charges for engineering, inspection and administration incurred during the extension.
6.4.2 Excusable or Compensable Delays - If the Contractor is delayed in the performance of its work as defined in Paragraphs 00700-6.3.3, Excusable Delays, or 00700-6.3.4, Compensable Delays, then the Contract completion date may be extended by the City for such time that, in the City's and Construction Manager's determination, the Contractor's completion date will be delayed, provided that the Contractor strictly fulfills the following:
a. The Contractor shall provide notification, in accordance with Paragraph 00700-6.3.1, Notice of Delays, and submit in writing a request for an extension of time to the Construction Manager stating at a minimum the probable cause of the delay and the number of days being requested. The time extension request shall be submitted in accordance with the requirements of Paragraph 01310-4.0, Time Impact Analyses. b. If requested by the Construction Manager, the Contractor shall promptly provide sufficient information to the Construction Manager to assess the cause or effect of the alleged delay, or to determine if other concurrent delays affected the work.
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General Conditions
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c. Weather Delays. The Contractor will be granted a non-compensable time extension for weather caused delays, pursuant to Paragraph 00700-6.3.3.2, Weather Delays, over and above an allowance as provided for in Paragraph 01010-5.0, Weather Days. No time extensions for weather delays will be granted until the total number of weather days exceeds this allowance.
Should the Contractor fail to fulfill any of the foregoing, which are conditions precedent to the right to receive a time extension, the Contractor waives the right to receive a time extension.
During such extension of time, neither extra compensation for engineering, inspection and administration nor damages for delay will be charged to the Contractor. It is understood and agreed by the Contractor and City that time extensions due to excusable or compensable delays will be granted only if such delays involve controlling operations which would prevent completion of the whole Work within the specified Contract time.
Should the Contractor fail to complete the work within the time specified in the contract, as extended in accordance with this clause if appropriate, the Contractor shall pay to the City liquidated damages in accordance with Paragraph 00700-6.5, Liquidated Damages.
6.4.3 Delay Damages
6.4.3.1 Indirect Overhead - The Contractor shall be reimbursed for indirect overhead expenses for periods of time when the Work is delayed as defined in Paragraph 00700-6.3.4, Compensable Delays.
However, no reimbursement for indirect overhead or any other costs or damages shall be made for compensable delays which occur during a concurrent delay as defined in Paragraph 00700-6.3.5, Concurrent Delays. No reimbursement for indirect overhead as covered in this Section shall be made for any time extensions granted for Contract change orders as provided in Section 01035, Modification Procedures. As a condition precedent to any reimbursement, the Contractor must fulfill all conditions as provided in Paragraph 00700-6.4.2, Excusable or Compensable Delays. No additional markup for overhead or profit shall be provided for such indirect overhead expenses.
Payment to the Contractor for indirect overhead expenses will be made only if the extended Contract period granted for the compensable delay(s) is required to complete the work following the depletion of the original contract period and any time extensions granted other than compensable time extensions. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay including not limited to extended field costs, extended home office overhead costs, impact, inefficiency, unabsorbed home office overhead, underabsorbed home office overhead, hindrance, disruption, or any other damage arising from delay, no matter how characterized, including delay claims of its subcontractors/suppliers of every tier.
6.4.3.1.1 Indirect Field Overhead - For those allowable delay periods as defined in Paragraph 00700-6.4.3, Indirect Overhead, the Contractor shall be reimbursed for its indirect field overhead based on:
a. Invoices for all field office equipment.
b. Actual salary for field office staff.
c. Fair rental values acceptable to the Construction Manager as described in Paragraph 01035-
3.0, Force Account Payment for construction equipment idled due to the delay.
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General Conditions
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6.4.3.1.2 Indirect Home Office Overhead - For those allowable delay periods as defined in Paragraph 00700-
6.4.3, Indirect Overhead, the Contractor shall be reimbursed for its daily home office overhead based on the following formula:
Contract Bid Price ($) X (0.04) = Daily Home Office Overhead ($/Day) Contract Period (Days)
As it is impractical to determine the actual home office overhead, such reimbursement shall be mutually agreed between the City and Contractor to encompass full payment for any home office overhead expenses for such periods of time for the Contractor and all subcontractors.
The Contractor agrees to indemnify, defend and hold the City harmless for any indirect overhead claims from its subcontractors.
6.5 Liquidated Damages
It is agreed by the parties to the Contract that time is of the essence in the completion of this Work, and that in case all the Work called for under the Contract is not completed before or upon the expiration of the time limit as set forth in these Contract Documents, as modified by extensions of time granted by the City, damage will be sustained by the City. As it is impracticable to determine the actual delay damage; it is, therefore, agreed that the Contractor shall pay liquidated damages to the City in the amount set forth in Paragraph 01010-4.0, Damages For Delays, per day for each and every day's delay beyond the time prescribed to complete the Work. The Contractor agrees to pay such liquidated damages and in case the same are not paid, agrees that the City may deduct the amount thereof from any monies due or that may become due the Contractor under the Contract.
6.6 Termination By City For Cause
Subject to prior notice from City and Contractor’s cure rights set forth in this Section, City will have the right to terminate the Contract for cause after the occurrence of any of the following events:
a. Contractor becomes insolvent or files for relief under the bankruptcy laws of the United States.
b. Contractor makes a general assignment for the benefit of its creditors or fails to pay its debts as the same become due.
c. A receiver is appointed to take charge of Contractor’s property. d. The Work is not completed with the applicable Contract Time, as such Contract Time may be adjusted in accordance with this Contract, and Contractor is not diligently prosecuting the completion or correction of the Work.
e. Contractor persistently or repeatedly refuses or fails to supply skilled supervisory personnel, an adequate number of properly skilled workers, proper materials, or necessary equipment to prosecute the Work in accordance with the Contract Documents. f. Contractor fails to make prompt payment of amounts properly due subcontractors after receiving payment from City.
g. Contractor disregards Applicable Code Requirements.
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General Conditions
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h. Contractor persistently or materially fails to execute the Work in accordance with the Contract Documents.
i. Contractor persistently or materially fails to comply with applicable safety requirements. j. Contractor abandons the Work.
k. Contractor is in default of any other material obligation under the Contract Documents.
Upon the occurrence of any of the preceding events, City will have the right to terminate the Contract for cause if Contractor fails to promptly commence to cure such default and diligently prosecute such cure within 5 days after notice from City, or within such longer period of time as is reasonably necessary to complete such cure.
Upon any of the occurrences referred to above, City may, at its election and by notice to Contractor, terminate the Contract and take possession of the Project site and all materials, supplies, equipment, tools, and construction equipment and machinery thereon owned by Contractor; accept the assignment of any or all of the subcontracts; and then complete the Work by any method City may deem expedient. If requested by City, Contractor shall remove any part or all of Contractor’s materials, supplies, equipment, tools, and construction equipment and machinery from the Project site within 7 days of such request; and if Contractor fails to do so, City may remove or store, and after 90 days sell, any of the same at Contractor’s expense.
If the Contract is terminated by City as provided in this Section, Contractor shall not be entitled to receive any further payment until the expiration of 35 days after Final Completion and acceptance of all Work by City.
If the unpaid balance of the Contract Sum exceeds the cost of completing the Work, including all additional costs and expenses made necessary thereby, including costs for City staff time, plus all losses sustained, including any liquidated damages provided under the Contract Documents and subject to provisions of this Contract that survive termination, such excess shall be paid to Contractor. If such costs, expenses, losses, and liquidated damages exceed the unpaid balance of the Contract Sum, Contractor shall pay such excess to City.
No termination or action taken by City after termination shall prejudice any other rights or remedies of City provided by law or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all losses suffered by City.
6.7 Suspension By City For Convenience
City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to 90 days, as City may determine, with such period of suspension to be computed from the date of delivery of the written order. Such order shall be specifically identified as a “Suspension Order” under this Section. The Work may be stopped for such further period as the parties may agree. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within 90 days after the issuance of the Suspension Order, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order.
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If a Suspension Order is canceled or expires, Contractor shall continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. Any Claim by Contractor for an adjustment of the Contract Sum or the Contract Time shall be made within 21 days after the end of the Work suspension. Contractor agrees that submission of its claim within said 21 days is an express condition precedent to its right to recover on such a claim.
The provisions of this Section shall not apply if a Suspension Order is not issued by City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.
6.8 Termination By City For Convenience
City may, at its option, terminate this Contract, in whole or from time to time in part, at any time by giving notice to Contractor. Upon such termination, Contractor agrees to waive any claims for damages, including loss of anticipated profits, on account thereof; and, as the sole right and remedy of Contractor, City shall pay Contractor in accordance with this Section.
Upon receipt of notice of termination under this Section, Contractor shall, unless the notice directs otherwise, do the following:
a. Immediately discontinue the Work to the extent specified in the notice. b. Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued.
c. Promptly cancel, on the most favorable terms reasonably possible, all orders and subcontracts to the extent they relate to the performance of the discontinued portion of the Work.
d. Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.
Upon such termination, the obligations of the Contract shall continue as to portions of the Work already performed and, subject to Contractor’s obligations under this Section above, as to bona fide obligations assumed by Contractor prior to the date of termination.
Upon such termination, City shall pay to Contractor the sum of the following:
a. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor. b. Plus previously unpaid costs of any items delivered to the Project site which were fabricated for subsequent incorporation in the Work.
c. Plus any proven losses with respect to materials and equipment directly resulting from such termination.
d. Plus reasonable demobilization costs.
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e. Plus reasonable costs of preparing a statement of the aforesaid costs, expenses, and losses in connection with such termination. The above payment shall be the sole and exclusive remedy to which Contractor is entitled in the event of termination of the Contract by City pursuant to this Section; and Contractor will be entitled to no other compensation or damages and expressly waives same.
6.9 Temporary Suspension of Work
6.9.1 If the Contractor fails to correct defective work as required by Paragraph 00700-5.3, Defective and Unauthorized Work, or fails to carry out the Work in accordance with the Contract Documents or any other applicable rules and regulations, the City, by a written order of the City's representative or signed personally by an agent specifically so empowered by the City, in writing, may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. All delays in the Work occasioned by such stoppage shall not relieve the Contractor of any duty to perform the Work or serve to extend the time for its completion. Any and all necessary corrective work done in order to comply with the Contract Documents shall be performed at no cost to the City.
6.9.2 In the event that a suspension of Work is ordered, as provided in this paragraph, the Contractor, at its expense, shall perform all work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public, pedestrian, and vehicular traffic, during the period of such use by suspension. Should the Contractor fail to perform the Work as specified, the City may perform such work and the cost thereof may be deducted from monies due the Contractor under the Contract.
6.9.3 The City shall also have authority to suspend the Work wholly or in part, for such period as the City may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the Work. Such temporary suspension of the Work will be considered justification for time extensions to the Contract in an amount equal to the period of such suspension if such suspended work includes the current critical activity on the latest favorably reviewed progress schedule. The Contractor as directed by the City shall provide the provisions as stipulated in Paragraph 00700-6.6.2 above. Such additional work shall be compensated as provided for in Paragraph 00700-7.0, Changes in The Work.
7.0 SCOPE OF WORK - CHANGES IN THE WORK
7.1 Changes
The City reserves the right to make such alterations, deviations, additions to, deletions or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated. Such changes, no matter how many, shall be within the contemplation of this Contract and shall not be the basis for a compensable delay or a claim for lost profits.
Any such changes will be set forth in a contract change order which will specify, in addition to the work to be done in connection with the change made, adjustment of contract time, if any, and the EXHIBIT 2 907
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basis of compensation for such work. A contract change order will not become effective until approved by the authorized City official and/or the City Council.
For contracts approved by the City Council for initial prices under One Hundred Thousand Dollars ($100,000), cumulative change orders which exceed the charter limit $100,000 require City Council approval. For contracts with initial prices of One Hundred Thousand Dollars ($100,000) or more, cumulative change orders which exceed the charter limit $100,000 plus ten percent (10%) of the initial contract price over One Hundred Thousand Dollars ($100,000) require City Council approval.
Change orders not meeting the above criteria require approval by the authorized City official executing this Contract. The dollar amounts of change orders approved by specific City Council action, plus the dollar amounts of any change orders which predate such specific City Council action, shall not be counted in computing the authority limits set forth above for City officials to approve change orders hereunder.
In emergency situations, the authorized City official may issue a change order beyond the authority limits described above in order to:
a. Prevent interruption of the work which would result in a substantial increase in the costs to, or liability of, City; or
b. Protect the work, equipment, materials to be used in the work, human safety, or the environment at or near the work from substantial and immediate danger or injury; or c. Protect, where damage or injury has occurred, the work, equipment or materials to be used in the work, human safety, or the environment at or near the site of the work from further or additional damage or injury or deterioration.
The authorized City official shall have the authority to issue change orders in such sums as is reasonably necessary for such emergency purposes. After issuing a change order in an emergency situation described above, the authorized City official shall report such action and the reasons therefore to the City Council in writing not later than its next regularly scheduled meeting or as soon thereafter as is practicable.
Upon receipt of an approved contract change order, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of an approved contract change order therefore. In such cases, the Engineer will, as soon as practicable, issue an approved contract change order for such work and the provisions in Paragraph 7.1.1, Procedure and Protest, shall be fully applicable to such subsequently issued contract change order.
When the compensation for an item of work is subject to adjustment under the provisions of Paragraph 00700-7.1, Changes, the Contractor shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
7.1.1 Procedure and Protest - A contract change order approved by the Engineer may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in an approved contract change order which he has not executed, he shall submit a written protest to the Engineer within 15 days after the receipt of such approved contract change order. The protest shall state the points of disagreement, and if possible, the contract specification references, quantities, and costs involved. If a written protest is not submitted, payment will be made as set forth in the approved contract change order and such payment shall constitute full compensation for all work included therein or required thereby. Such unprotested approved contract change EXHIBIT 2 908
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orders will be considered as executed contract change orders as that term is used in Paragraphs 00700-7.1.2 to 7.1.4, inclusive.
Where the protest concerning an approved contract change order relates to compensation, the compensation payable for all work specified or required by said contract change order to which such protest relates will be determined as provided in Paragraphs 00700-7.1.2 to 7.1.4, inclusive.
The Contractor shall keep full and complete records of the cost of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work.
Where the protest concerning an approved contract change order relates, to the adjustment of contract time for the completion of the work, the time to be allowed therefore will be determined as provided in Paragraph 00700-6.5, Liquidated Damages.
Proposed contract change orders may be presented to the Contractor for his consideration prior to approval by the Engineer. If the Contractor signifies his acceptance of the terms and conditions of such proposed contract change order by executing such documents and if such change order is approved by the City Manager or City Council and issued to the Contractor, payment in accordance with the provisions as to compensation therein set forth shall constitute full compensation for all work included therein or required thereby. A contract change order executed by the City Manager or City Council is an executed contract change order as that term is used in Paragraph 00700-7.1.2 to 7.1.4, inclusive. An approved contract change order shall supersede a proposed, but unapproved, contract change order covering the same work.
7.1.2 Eliminated Items - The City reserves the right to eliminate any contract item of work prior to the award of the contract without incurring any obligation to pay therefore. Should any contract item of the work be eliminated in its entirety following the award of the contract and in the absence of an executed contract change order covering such elimination, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination.
If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for by the City. If the material is returnable to the vendor and if the Engineer so directs, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for.
The actual costs or charges to be paid by the City to the Contractor as provided in this Paragraph 00700-7.1.2 will be computed in the same manner as if the work were to be paid for on a force account basis as provided in Paragraph 01035-3.0.
7.1.3 Changes in Character of Work - If an ordered change in the plans or specification materially changes the character of the work of a contract item from that on which the Contractor based his bid price, and if the change increases or decrease the actual unit cost of such changed item as compared to the actual or estimated actual cost of performing the work of said item in accordance with the plans and specification originally applicable thereto, an adjustment in compensation therefore will be made by executed contract change order specifying the compensation payable, in accordance with the following:
The basis of such adjustment in compensation will be the difference between the actual unit cost to perform the work of said item or portion thereof involved in the change as originally planned and EXHIBIT 2 909
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the actual unit cost of performing the work of said item or portion thereof involved in the change, as changed. Actual unit costs will be determined by the Engineer in the same manner as if the work were to be paid for on a force account basis as provided in Paragraph 01035-3.0; or such adjustment will be as agreed to by the Contractor and the Engineer. Any such adjustment will apply only to the portion of the work of said item actually changed in character. At the option of the Engineer, the work of said item or portion of item which is changed in character will be paid for by force account as provided in Paragraph 01035-3.0.
Failure of the Engineer to recognize a change in character of the work shall not be construed as relieving the Contractor of his duty and responsibility of filing a written notice in accordance with Paragraph 00700-7.5.2.1, Notice.
7.1.4 Extra Work - New, unforeseen work will be classed as extra work when determined by the Engineer that such work is not covered by any of the various items for which there is a bid price or by combinations of such items. In the event portions of such work are determined by the Engineer to be covered by some of the various items for which there is a bid price or combinations of such items, the remaining portion of such work will be classed as extra work. Extra work also includes work specifically designated as extra work in the plans and specifications.
The Contractor shall do such extra work and furnish labor, material, and equipment therefore upon receipt of an approved contract change order or written emergency order of the Engineer, and in the absence of such approved contract change order or written emergency order of the Engineer he shall not be entitled to payment of such extra work.
7.2 Change Orders
7.2.1 Without invalidating the Contract and without notice to sureties or insurers, the City through the Construction Manager, may at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by Field Directive, Field Order, or Change Order. A Change Order will not be issued for a Field Directive unless the Construction Manager concurs with an appeal by the Contractor that such Field Directive is a change in the scope of the Contract. The Contractor shall comply promptly with the requirements for all Change Orders, Field Orders, or Field Directives. The work involved in Change Orders shall be executed under the applicable conditions and requirements of the Contract Documents. If any Field Order causes an increase or decrease in the Contract Amount or an extension or shortening of the Contract Time, an equitable adjustment will be made by issuing a Change Order. If the Contractor accepts a Change Order that does not include a time extension, the Contractor waives any claim for additional time for the work covered by that Change Order. Additional or extra work performed by the Contractor without written authorization of a Field Order or Change Order will not entitle the Contractor to an increase in the Contract Amount or an extension of the Contract Time. A reservation of rights, non-waiver of claims, or similar exceptions or reservations by the Contractor on a Change Order for additional time, money, or anything else shall not be permitted and are of no force or effect. It is the intent of the City to have all Change Orders issued comprehensively to address all issues known and unknown relating to time and/or costs.
7.2.2 Extra work shall be that work not shown or detailed on the Contract Drawings and not specified.
Such work shall be governed by all applicable provisions of the Contract Documents. In giving instructions, the Construction Manager shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the work; but otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order by the City through the Construction Manager, and no claim for an addition to the total amount of the Contract shall be valid unless so ordered.
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7.2.3 In case any change increases or decreases the work shown, the Contractor shall be paid for the work actually done at a mutually agreed upon adjustment to the Contract price, based upon the provisions of Section 01035 - Modification Procedures.
7.2.4 If the Contractor refuses to accept a Change Order, the City may issue it unilaterally. The Contractor shall comply with the requirements of the Change Order. The City shall provide for an equitable adjustment to the Contract, and compensate the Contractor accordingly. If the Contractor does not agree that the adjustment is equitable, it may submit a claim in accordance with Paragraph 00700-7.5.2, Potential Claims/Change Orders.
7.2.5 Elimination Of Work - In accordance with Section 7.1.2 above, the City shall be allowed and authorized to eliminate portions of work from the Contract Work at its discretion, and in the best interests of the public, during the course of action of the Project, and not only prior to award of contract. Said elimination of work shall not be determined to be a Termination for Convenience even if said elimination brings the Contract Work to a close. Upon elimination of work under this provision, the payment provisions of 7.1.2 shall apply.
7.3 Differing Site Conditions
Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before such conditions are disturbed, notify the Construction Manager in writing, of any:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those indicated. c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
The City shall promptly, investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work the City shall cause to be issued a change order under the procedures provided in Paragraph 00700-7.2, Change Orders.
In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties, Paragraph 00700-7.5, Resolution of Disputes.
No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required.
7.4 Value Engineering Change Proposals (VECP)
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Refer to Section 01090, References, for the definition of a Value Engineering Change Proposal.
7.4.1 Applicability - The provisions of this Section shall apply only to Value Engineering Change Proposals (VECPs) resulting in net cost savings of Twenty Thousand dollars ($20,000) or greater.
7.4.1.1 Future Changes - The Contractor is entitled to share in the net cost savings of the VECP to the full extent provided for in this Section and in the change order implementing the VECP. However, the net cost savings shall not continue to subsequent contract change orders nor other modifications of the contract which may change the service provided or increase the quantity of any item related to the VECP.
7.4.2 VECP Submittal - The Contractor must submit all VECPs to the Construction Manager after receipt of the Notice To Proceed and prior to surpassing forty percent (40%) of the contract time allowed in Section 01010-3.0, Time Allowed For Completion. The number of copies of the VECP submitted shall be in accordance with that designated for submittals in Section 01300, Submittals.
The Contractor shall include the following information for each VECP, in a form acceptable to the Construction Manager:
a. Description of the differences between the existing design and the proposed design. b. Description of the advantages and disadvantages of the existing design and the proposed design.
c. If the function of an item is altered, the justification for altering that function. d. The effect of the proposed modifications on the performance of the system or facility. e. Any test data regarding the proposed modification.
f. A listing and analysis of all design criteria and specifications that must be changed if the VECP is accepted.
g. A separate detailed estimate of the impact on the project costs, together with a copy of the Contractor’s approved schedule of values or costs.
h. A description and estimate of costs the City may incur to implement the VECP, including, but not limited to, design changes, inspection, testing, and evaluation costs. i. A prediction of any effects the VECP may have on life-cycle costs. j. The effect of the VECP on design and construction schedules. k. All preliminary engineering data necessary to support approval of the VECP.
7.4.3 Acceptance of VECP by City - The City shall have sole discretion to determine whether or not to accept a VECP. The City’s decision shall be final.
A VECP will be rejected if it causes an increase to the contract amount.
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Within thirty (30) days after receipt of a VECP by the Construction Manager, the Contractor shall be notified in writing that the VECP is acceptable, rejected or additional time is required for the Construction Manager’s response.
If determined acceptable, the Construction Manager will initiate a contract change order to implement the VECP. A VECP which is acceptable shall be incorporated into the project only through a contract change order.
7.4.4 Contractor’s Right to Withdraw VECP - The Contractor has the right to withdraw part or all of any VECP at any time prior to written acceptance by the City. Such withdrawal shall be made in writing.
Each VECP submitted by the Contractor shall remain valid for a period of thirty (30) days from the date received, unless extended by the Construction Manager. If the Contractor desires to withdraw the VECP prior to its acceptance or rejection, the Contractor shall be liable for the costs incurred by the City in reviewing the VECP.
7.4.5 Change Order Content For Accepted VECP - The contract change order for an accepted VECP shall offer to the Contractor fifty percent (50%) of the net cost savings, as determined by the Construction Manager. The change order shall detail the cost savings of each contract item that is part of the final accepted VECP. The net cost savings shall be accomplished through progress payments for the various items of work listed in the contract change order. The Contractor's costs for development, design and/or implementation of the VECP are not eligible for reimbursement.
The cost for review by the Construction Manager and all City design consultants will be added to the cost of the value engineering proposal prior to determining the reduction of cost.
7.4.6 Identical VECP - A VECP identical to a VECP submitted under any other contract, by the Contractor, or any other contractor, may also be submitted under this Contract, provided that the VECP originated with such contractor and not with the City, Design Consultant, or Construction Manager.
7.4.7 Restrictions - The Contractor may restrict the City’s right to use any VECP data by marking it with the following statement:
This data, furnished pursuant to the Value Engineering Change Proposal Section of this Contract, shall not be duplicated, used or disclosed, in whole or in part, for any purpose except to evaluate the VECP, unless the VECP is accepted by the City. This restriction does not limit the City’s right to use information contained in this data if it is or has been obtained, or is otherwise available from the Contractor or from other sources, without limitations. When this VECP is accepted by the City, the City shall have the right to duplicate, use and disclose any data in any manner and for any purpose whatsoever, and have others do so whether under this or any other contract.
7.4.8 The City's acceptance, approval or use of the VECP shall not in any way reduce, limit or waive Contractor's responsibility under the Contract Documents, including, but not limited to, to perform all work and services, including that called for by or because of the VECP, in a competent and workmanlike manner, and pursuant to the standards required by the Contract Documents.
7.4.9. The VECP must not impair any of the essential functions and characteristics of the Project, such as service life, reliability, economy of operation, ease of maintenance, safety and necessary standardized features.
7.4.10 In the event that the contractor and the City cannot reach agreement as to the reduction in contract price associated with the VECP, the VECP will be declared null and void and the original contract conditions will apply. The contractor will bear sole responsibility for the costs of review of the VECP in this case.
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7.5 Contract Interpretation
7.5.1 Contract Interpretation by the Construction Manager - Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Contractor to the Construction Manager. Where practical, the Construction Manager shall respond to the Contractor in writing with a decision within ten (10) days of receipt of the request.
At the City’s discretion, the City may deduct from monies due the Contractor, time and expense costs incurred by the City, Construction Manager, and Design Consultant for reviewing and responding to unnecessary RFIs. This may include RFIs submitted to inquire about means, methods, or potential modifications for the Contractor’s convenience.
7.5.2 Potential Claims/Change Orders
7.5.2.1 Notice – Inclusive of the provisions in paragraph 00700-7.7, Dispute Resolution, if the Contractor disagrees with the Construction Manager's decision in Paragraph 00700-7.5.1, Contract Interpretation by the Construction Manager, or in any case where the Contractor deems additional compensation or a time extension to the Contract period is due the Contractor for work or materials not covered in the Contract or which the Construction Manager has not recognized as extra work, the Contractor shall notify the Construction Manager, in writing, of its intention to make a claim or request a change order. Potential claims or change orders pertaining to decisions provided in Paragraph 00700-7.5.1 or such other determinations by the Construction Manager shall be filed in writing to the Construction Manager prior to Contractor performing the work giving rise to the potential claim or change order, if based on an act or failure to act by the City, or in all other cases, within five (5) days after the event or occurrence giving rise to the potential claim or change order.
Written notice shall use the words "Notice of Potential Claim/Change Order.” Such Notice of Potential Claim/Change Order shall state the circumstances and the reasons for the claim, but need not state the amount.
Additionally, no claim for additional compensation or extension of time for a delay will be considered unless the provisions of Paragraphs 00700-6.3, Delays, 6.4, Time Extensions, 7.7, Dispute Resolution, are complied with. No claim filed after the date of final payment will be considered.
It is agreed that unless notice as required by the Contract Documents is properly given, the Contractor shall have waived all rights to recover, and shall not recover, costs incurred by it as a result of the alleged extra work, changed work or other situation which had proper notice been given would have given rise to a right for additional compensation. The Contractor should understand that timely notice of potential claims and change orders is of great importance to the Construction Manager and City, and is not merely a formality. Such notice allows the City to consider preventative action, to monitor the Contractor's increased costs resulting from the situation, to marshall facts, and to plan its affairs. Such notice by the Contractor, and the fact that the Construction Manager has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim.
7.5.2.2 Records of Disputed Work - In proceeding with a disputed portion of the Work, the Contractor shall keep accurate records of its costs and shall make available each day, to the Construction Manager or his designated representative, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services used. Such information shall be submitted to the Construction Manager on a weekly basis, receipt of which shall not be construed as an authorization for or acceptance of the disputed work.
It is the intent of this Section that these records be provided such that the Construction Manager and Contractor can determine and agree upon the Contractor's daily effort expended on the EXHIBIT 2 914
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disputed work and determine accurate costs for the disputed work. Such determination shall not be construed as authorization for or acceptance of the disputed work.
7.5.2.3 Meetings - From time to time the Construction Manager may call a special meeting to discuss outstanding claims and potential change orders should it deem this of possible help. The Contractor shall cooperate and attend prepared to discuss its claims, making available the personnel necessary for resolution, and all documents which may reasonably be requested by the Construction Manager.
7.5.3 Claims - The term “Claim” means a written demand or assertion by Contractor seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between City and Contractor arising out of or related to the Contract Documents or the performance of the Work. The term “Claim” shall not include, and the Claims procedures provided under this Section, including but not limited to arbitration, shall not apply to the following:
a. Claims respecting penalties for forfeitures prescribed by statute or regulation that a government agency is specifically authorized to administer, settle, or determine. b. Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. c. Claims respecting stop notices.
Inclusive of the provisions in paragraph 00700-7.7, Claim must include the following:
a. A statement that it is a Claim and a request for a decision. b. A detailed factual narrative of events fully describing the nature and circumstances giving rise to the Claim, including but not limited to, necessary dates, locations, and items of work affected.
c. A certification, executed by Contractor, that the claim is filed in good faith. The certification language is identified below. The language of the Claim Certification form may not be modified.
d. A certification, executed by each subcontractor claiming not less than 5% of the total monetary amount sought by the claim, that the subcontractor’s portion of the claim is filed in good faith. The certification language is identified below. The language of the Claim Certification form may not be modified.
e. A statement demonstrating that a Change Order Request was timely submitted as required by Section 7 of the General Conditions and Section 01035. f. If a Cost Proposal or declaration was required by Section 7 of the General Conditions and Section 01035, a statement demonstrating that the Cost Proposal or the declaration was timely submitted as required by Section 7 of the General Conditions. g. A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following:
If the Claim involves Extra Work, a detailed cost breakdown of the amounts claimed, including the items specified in Section 7 of the General Conditions and Section 01035. The cost breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted.
To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including without limitation, payroll records, material and rental invoices and the like) EXHIBIT 2 915
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demonstrating that costs claimed have actually been incurred. To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a week during any periods costs are incurred. A cost record will be considered current if submitted within 7 days of the date the cost reflected in the record is incurred.
At the request of the Construction Manager or City’s Representative, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged Extra Work on a daily basis). The cost breakdown must include an itemization of costs for i) labor including names, classifications, regular hours and overtime hours worked, dates worked, and other pertinent information; ii) materials stored or incorporated in the work including invoices, purchase orders, location of materials either stored or incorporated into the work, dates materials were transported to the project or incorporated into the work, and other pertinent information; and iii) itemization of machinery and equipment including make, model, serial number, hours of use, dates of use and equipment rental rates of any rented equipment.
If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor’s entitlement to a time extension under Section 6 of the General Conditions and Section 01310, including the specific dates for which a time extension is sought and the specific reasons for entitlement of a time extension. The Contract Schedule must demonstrate Contractor’s entitlement to an adjustment of Contract Time under Section 6 of the General Conditions and Section 01310.
If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Contractor’s entitlement to such an adjustment under Section 6 of the General Conditions and Section 01310, including but not limited to, a detailed time impact analysis of the Contract Schedule. The Contract Schedule must demonstrate Contractor’s entitlement to such an adjustment under Section 6 of the General Conditions and Section 01310.
For each claim submitted or filed by Contractor, including, but not limited to, any claim on behalf of Contractor and/or any claim by or on behalf of any subcontractor or supplier, of any tier, Contractor shall include the following certification, signed in the same manner as the Contract was signed:
I, being the (must be an officer) of (general contractor or subcontractor), declare under penalty of perjury under the laws of the State of California, and do personally certify and attest that: I have thoroughly reviewed the attached claim for additional compensation and/or extension of time, and know its contents and said claim is made in good faith; the supporting data is truthful and accurate; that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the City is liable; and, further, that I am familiar with California Penal Code Section 72 and California Government Code Section 12650, et. seq., pertaining to false claims, and further know and understand that submission or certification of a false claims many lead to fines, imprisonment and/or severe legal consequences.”
7.6. Assertion of Claims
Claims by Contractor shall be first submitted to the Construction Manager for decision.
Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by Construction Manager, Contractor shall not cause any delay, cessation, or termination in or of Contractor’s performance of the Work, but shall diligently proceed with performance of the Work in accordance with the Contract Documents.
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Contractor shall submit a Claim in writing, together with all supporting data specified in Section 7.5 above, to Construction Manager as soon as possible but not later than 30 days after the date the Claim arises under Sections 6 and 7 of the General and Supplemental Conditions.
7.7 Dispute Resolution
All claims by Contractor for a time extension, payment of money or damages arising from work done by, or on behalf of, Contractor pursuant to the Contract and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or as to the amount of payment which is disputed by the City of Three Hundred Seventy-Five Thousand Dollars ($375,000) or less shall be subject to the provisions set forth in Public Contract Code Section 20104, et. seq. Those sections require that the claim be in writing, include the documents necessary to substantiate the claim, and be filed on or before the final date of payment, subject to all time limits and notice requirements for filing claims under the Contract.
Arbitration
Claims Subject to Public Contract Code Section 9204; Procedure Application. This Section applies solely to the handling and resolution of a claim(s) sent to the City by registered mail or certified mail with return receipt requested in accordance with Public Contract Code Section 9204(c)(1). With respect to such claim(s), the provisions of Public Contract Code Section 9204 shall apply, and are hereby incorporated by reference into these documents and set forth in full at the end of this Section.
Mediation Procedures. Mediation conducted pursuant to Public Contract Code Section 9204 shall be in accordance with the following procedures:
Request for Mediation: A request for mediation must be in writing and set forth a brief statement that identifies the claim(s), the asserted damages, the names, addresses, and contact information of the parties, and identify their authorized representative, if any, that will participate in the mediation. Contractor hereby expressly waives all claims not timely submitted to mediation in accordance with this Section. Selection of Mediator: The parties agree that any neutral selected or appointed to preside over the mediation shall be an attorney admitted to practice law in the State of California or a retired judge, and he or she shall possess at least 10 years’ experience practicing law in the substantive areas of public contracting, public construction contracts and construction litigation.
Time and Place of Mediation: The mediator, using advice and input from the parties, shall set the time of each mediation session, as well as the mediation protocol (i.e., submission of briefs, statement of damages, etc.). The mediation will be held at any convenient location agreeable to the mediator and the parties, as the mediator determines. All reasonable efforts will be made by the parties and the mediator to schedule the first session within thirty (30) calendar days after selection of the mediator. The mediation may be terminated: (a) by the execution of a settlement agreement by the parties; (b) by a written declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile; or (c) by a writing on behalf of a party or parties to the effect that the mediation proceedings are terminated.
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All meetings, communications and correspondence relative to the mediation procedures set forth in this Section shall be subject to any applicable mediation or settlement-related privilege afforded under California law, including, without limitation, California Evidence Code §§1115, et seq. and 1152.
If, at the termination of the mediation proceedings pursuant to this Section, the claim(s), or any portion thereof, remain(s) in dispute, and as a condition precedent to the commencement by Contractor of any litigation or arbitration, the provisions of California law applicable to the presentation of claims and prosecution of disputes by the Contractor shall apply to claims asserted by the Contractor, including, without limitation, Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. Contractor shall be responsible to fully satisfy and comply with all such requirements as may be applicable to any claim(s) presented by Contractor, and nothing in this Section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with §900) and Chapter 2 (commencing with §910) of Part 3 of Division 3.6 of Title 1 of the Government Code. Contractor expressly waives the removal provisions of California Code of Civil Procedure Section 394.
In the event of any dispute between the City and Contractor, or during the pendency of any claim(s) or associated proceedings under this Section, Contractor shall not stop, or delay performance of, the Work, but shall prosecute the Work diligently to completion in the manner directed by the Engineer.
Other Claims. The procedures and remedies provided herein do not apply to: (1) any claim(s) made by or on behalf of the City, unless the City consents to the application of these procedures and remedies; (2) any claim or dispute relating to stop payment notices; (3) any claim related to the approval, refusal to approve, or substitution of subcontractors, regardless of tier, and suppliers.
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Public Contract Code - §9204 - Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process:
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this Section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this Section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
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(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this Section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this Section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this Section.
(C) For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section.
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(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this Section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This Section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this Section does not resolve the parties' dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this Section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this Section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this Section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this Section. (f) A waiver of the rights granted by this Section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this Section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this Section. (g) This Section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this Section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This Section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
8.0 PAYMENT
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8.1 Scope of Payment
8.1.1 General - The Contractor shall accept the compensation, as herein provided, as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary for completing the Work according to the Contract Documents, and no additional compensation will be allowed therefore.
Neither the payment of any partial payment estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material.
8.1.2 Payment for Patents and Patent Infringement - All fees or claims for any patented invention, article, or arrangement that may be used upon, or in any manner connected with, the performance of the work or any part thereof shall be included in the price bid for doing the work, and the Contractor and its sureties shall defend, protect, and hold the City, the Construction Manager, and Design Consultants, together with all their officers, agents, and employees harmless against liability of any nature or kind for any and all costs, legal expenses, and damages made for such fees or claims and against any and all suits and claims brought or made by the holder of any invention or patent, or on account of any patented or unpatented invention, process, article, or appliance manufactured for or used in the performance of the Contract, including its use by the City, unless otherwise specifically stipulated in the Contract. Before final payment is made on the Contract, the Contractor shall furnish an affidavit to the City regarding patent rights for the project. The affidavit shall state that all fees and payments due as a result of the work incorporated into the project or methods utilized during construction have been paid in full. The Contractor shall certify in the affidavit that no other fees or claims exist for work in this project.
8.1.3 Payment of Taxes - The Contractor shall pay and shall assume exclusive liability for all taxes levied or assessed on or in connection with the Contractor's performance of this Contract, including, but not limited to, State and local sales and use taxes, Federal and State payroll taxes or assessments, and excise taxes, and no separate allowance will be made therefore, and all costs in connection therewith shall be included in the total amount of the Contract price.
8.1.4 Payment for Labor and Materials - The Contractor shall pay and require its subcontractors to pay any and all accounts for labor including worker's compensation premiums, state unemployment and federal social security payments and other wage and salary deductions required by law. The Contractor also shall pay and cause its subcontractors to pay any and all accounts for services, equipment, and materials used by the Contractor and its subcontractors during the performance of work under this Contract. Such accounts shall be paid as they become due and payable. If requested by the City, the Contractor shall furnish proof of payment of such accounts to the City.
8.2 Partial Payments
In consideration of the faithful performance of the work prosecuted in accordance with the provisions of these Specifications and the Contract, the City will pay the Contractor for all such work installed on the basis of percentage completion. Amounts earned will be based on accepted Cost Breakdown (Section 01025, Measurement and Payment).
Payments will be made by the City to the Contractor on estimates duly certified and approved by the Construction Manager, based on the value of equipment installed and tested, labor and materials incorporated into said permanent work by the Contractor during the preceding month, and acceptable materials and equipment on hand (materials and equipment furnished and delivered to the site by the Contractor and not yet incorporated into the work accompanied by an approved invoice). Payments will not be made for temporary construction or material submittals unless specifically provided for in the Contract Documents.
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Partial payments will be made monthly based on work accomplished as of a day mutually agreed between the City and the Contractor. Prior to submitting its payment estimate, the Contractor shall meet with the Construction Manager to reach agreement on the percent completion and materials on hand for that payment period.
The Contractor shall submit its estimate of the work completed during the prior month and the work completed to date in a format acceptable to the Construction Manager and corresponding to the accepted cost breakdown. Additionally, the Contractor shall submit a detailed statement of the Contractor's request for payment of acceptable materials and equipment on hand in compliance with Paragraph 00700-8.3, Partial Payments - Inclusion of Materials on Hand. Upon receipt of Contractor's requests for payment, the City shall act in accordance with the following:
a. The Construction Manager shall review the submitted estimates, as soon as practical after receipt, for the purpose of determining that the estimates are a proper request for payment, and shall prepare a certified estimate of the total amount of work done and acceptable materials and equipment on hand.
b. Any request for payment determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. A request for payment returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the request for payment is not proper.
c. The number of days available to the City to make a payment without incurring interest pursuant to this Section shall be reduced by the number of days by which the City exceeds the seven (7) day return requirement set forth in subdivision (b) above.
Payment will be made by the City to the Contractor in accordance with City's normal accounts payable procedures; the City shall retain amounts in accordance with Paragraph 00700-8.4, Right to Withhold Amounts.
No such estimate or payment shall be required to be made, when in the judgment of the Construction Manager, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Construction Manager's judgment the total value of the Work done since the last estimate amounts to less than One Thousand Dollars ($1,000.00). Additionally, no payments shall be made until the Construction Manager has received an acceptable monthly schedule update covering the latest required period, certified payrolls and other required pay records, and a conditional waiver and release upon progress payment from Contractor for the current pay period and an unconditional waiver and release upon progress payment for the prior progress payment period. The City reserves the right to require, as a condition precedent to payment, that Contractor provide conditional and unconditional waivers and releases from Contractor's subcontractors and suppliers.
Subject to the provisions of this Section, the City shall pay the Contractor within thirty (30) days after receipt of undisputed and properly submitted requests for payment from the Contractor. In accordance with Public Contract Code, if the City fails to pay an undisputed request for payment within the allotted thirty (30) days, the City shall pay interest to the Contractor equivalent to the legal rate set forth in the Code of Civil Procedure.
8.3 Partial Payments - Inclusion of Materials on Hand
Materials, as used herein, shall be considered to be those items which are fabricated and manufactured goods and equipment. Only those materials for which the Contractor can transfer EXHIBIT 2 923
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clear title to the City will be qualified for partial payment. The Contractor may request payment of seventy-five (75) percent of the actual net cost of these materials.
To receive partial payment for materials and equipment delivered to the Site, but not incorporated in the Work, it shall be necessary for the Contractor to submit to the Construction Manager a list of such materials, at least seven (7) days prior to submitting the monthly estimate of amount earned for work completed. At the Construction Manager's sole discretion, the Construction Manager will approve items for which partial payment is to be made subject to the following:
a. Only equipment or materials which have received favorable review of shop drawings will qualify.
b. Eligible equipment or materials must be delivered and properly stored, protected, and maintained in a manner favorably reviewed by the Construction Manager, at the job site or at a bonded warehouse.
c. The Contractor's actual net cost for the materials must be supported by paid invoices of suppliers, or other documentation requested by the Construction Manager. d. Materials or equipment delivered to the Site less than thirty (30) days prior to their scheduled incorporation in the Work shall not qualify.
e. Final payment shall be made only for materials actually incorporated in the Work. Upon acceptance of the Work, all materials remaining for which advance payments had been made shall revert to the Contractor, unless otherwise agreed, and partial payments made for these items shall be deducted from the final payment for the Work. f. Partial payments for materials and equipment on hand shall not be deemed to be final payment for the material nor relieve the Contractor of its obligations under the Contract. g. Partial payments for materials and equipment on hand shall be subject to retention in accordance with Paragraph 00700-8.4., Right to Withhold Amounts.
8.4 Right to Withhold Amounts
8.4.1 Retention - The City will deduct from each partial payment and retain as part security, five (5) percent of the amount earned until the final payment.
Pursuant to Public Contract Code, for monies earned by the Contractor and withheld by the City to ensure the performance of the Contract, the Contractor, may, at his or her option, choose to substitute securities meeting the requirements of said Code. In the event the Contractor wishes to choose this option, the Contractor shall enter into an escrow agreement with the City, and the escrow agent, a qualified bank to be chosen by City, in the form of the agreement included in the project specifications. The costs of such escrow shall be paid by the Contractor. The securities to be deposited in said escrow account shall be equivalent, in fair market value, to the amount to be withheld as performance retention. The securities shall be held in accordance with the provisions of the Public Contract Code, and the implementing agreement.
Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Contract. If, upon written notice from the City, or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount EXHIBIT 2 924
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of monies to be withheld by the City to ensure performance, Contractor shall, within five days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the City, or in escrow, is equivalent to the amount of money to be withheld by the City under the Contract.
Any Contractor wishing to exercise this option shall give notice in writing to City, and shall thereafter execute an escrow agreement in the following form:
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ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between;
whose address is
hereinafter called "City", and
whose address is
hereinafter called "Contractor", and
whose address is
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor, and Escrow Agent agree as follows:
1. Pursuant to the Public Contract Code of the State of California, Contractor has the option to deposit securities which meet the requirements set forth in said Code, with Escrow Agent, as a substitute for retention earnings required to be withheld by City pursuant to the Construction Contract entered into between City and Contractor for _________________________ in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and Contractor. Securities shall be held in the name of City, and shall designate the Contractor as the beneficial owner.
2. City shall make progress payments to Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
3. When the City makes payment of retention earned directly to the Escrow Agent the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this Contract is terminated. The Contractor may direct the investment of the payments into securities.
All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly.
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account, and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor, and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the EXHIBIT 2 926
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Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor.
Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to Sections (4) to (6), inclusive, of this Agreement, and City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
On Behalf of City: On Behalf of Contractor:
Title Title
Name Name
Signature Signature
Address Address
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On Behalf of Escrow Agent:
____________________________
Title
____________________________
Name
____________________________
Signature
____________________________
Address
At the time the Escrow Account is opened, City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
CITY: CONTRACTOR:
________________________ ________________________
Title Title
________________________ ________________________
Name Name
________________________ _________________________
Signature Signature
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8.4.2 Other Withholds - In addition to the amount which the City may otherwise retain under the Contract, the City may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgment may be necessary to cover:
a. Payments which may be past due and payable for just claims against the Contractor or any subcontractor for labor or materials furnished for the performance of this Contract. b. Defective work not remedied.
c. Failure of the Contractor to make proper payments to its subcontractors or suppliers. d. A reasonable doubt that the Contract can be completed for the balance then unpaid. e. Damage to another Contractor or third party, or to property. f. Failure of the Contractor to keep its work progressing in accordance with its progress schedule or maintaining current "As-Built" record drawings. g. The City's costs for the Contractor's failure to complete within the allowed time. h. Cost of insurance arranged by the City due to cancellation or reduction of the Contractor's insurance.
i. Failure of the Contractor to make proper submissions, as herein specified. j. Failure to submit, revise, resubmit, or otherwise conform to the requirements herein for preparing and maintaining a construction schedule.
k. Payments due the City from the Contractor.
l. Reduction of Contract Amount because of modifications. m. The Contractor's neglect or unsatisfactory prosecution of the work including failure to clean up.
n. Provisions of law that enable or require the City to withhold such payments in whole or in part.
When the above reasons for withhold amounts are removed, payment may be made to the Contractor for amounts withheld.
The City in its discretion may apply any withheld amount or amounts to the payment of valid claims.
In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The City will render to the Contractor a proper accounting of such funds disbursed in behalf of the Contractor.
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8.5 Substantial Completion
When the Contractor considers that the Work is substantially complete, the Contractor shall notify the Construction Manager in writing. Upon receipt of the notification, the Construction Manager, the City and/or their authorized representatives will make inspection, to determine if the Work is sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work for its intended use. If items are found which prevent such use or occupancy, the Construction Manager shall notify the Contractor in writing of such items.
Upon the completion of such corrective work, the Contractor shall notify the Construction Manager in writing. The Construction Manager shall inspect the Work to determine its acceptability for Substantial Completion and for determination of other items which do not meet the terms of the Contract. Upon verification that the project is substantially complete the Construction Manager shall prepare a Certificate of Substantial Completion. The Certificate shall establish the date of Substantial Completion and the responsibilities of the City and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, commencement of warranties required by the Contract Documents, and shall fix the time, not to exceed 60 days, within which the Contractor shall finish all items on the punch list accompanying the Certificate. When the preceding provisions have been approved by both the City and the Contractor, they shall sign the Certificate to acknowledge their written acceptance of the responsibilities assigned to them in such Certificate.
By such acknowledgement, the Contractor agrees to pay the City's actual costs including, but not limited to, charges for engineering, inspection and administration incurred due to the failure to complete the punch list within the time period provided in the Certificate of Substantial Completion.
City shall have the right to exclude Contractor from the Site after the date of Substantial Completion, but City will allow Contractor reasonable access to complete the Work or correct items on any deficiency list or punch lists at times and in areas designated by the City in its sole discretion and without additional compensation to Contractor.
8.6 Final Inspection and Payment
Upon completion of the Work, and upon completion of final cleaning, the Contractor shall so notify the Construction Manager in writing. Upon receipt of the notification, the Construction Manager, the City and/or their authorized representatives will make the final inspection, to determine the actual status of the Work in accordance with the terms of the Contract. If materials, equipment, or workmanship are found which do not meet the terms of the Contract, the Construction Manager shall prepare a punch list of such items and submit it to the Contractor. Following completion of the corrective work by the Contractor, the Construction Manager shall notify the City that the Work, has been completed in accordance with the Contract. Final determination of the acceptability of the Work shall be made by the City. After completion of the work, but prior to its acceptance by the City, the last partial payment will be made to the Contractor in accordance with Paragraph 00700-8.2, Partial Payments.
After receipt of the last partial payment, but prior to acceptance of the Work by the City, the Contractor shall send a letter to the Construction Manager. The letter shall state that acceptance of the final payment described below shall operate as and shall be, a release to the City, the Construction Manager, the Design Consultant, and their duly authorized agents, from all claims of and/or liability to the Contract arising by virtue of the Contract related to those amounts. Disputed Contract claims in stated amounts previously filed, as provided in Paragraph 00700-7.5, may be specifically excluded by the Contractor from the operation of the release.
Neither final payment nor any retention shall become due until Contractor submits the following items to Construction Manager:
EXHIBIT 2 930
General Conditions
00700-53
a. The final Application For Payment and all submittals required in accordance with the General Conditions.
b. All guarantees and warranties procured by Contractor from subcontractors, all operation and maintenance manuals for equipment installed in the Project, as-built documents, and all other submittals required by the Contract Documents.
c. Unconditional waivers and releases upon final payment from all subcontractors and suppliers and a conditional waiver and release upon final payment from Contractor. d. Certified payroll records and all other pay records as determined by the City.
Following receipt of all required submittals and the Construction Manager's written statement that construction is complete and recommendation that the City accept the project, the City will take formal action on acceptance.
Within ten (10) days of the acceptance by the City of the completed work embraced in the Contract, the City will cause to be recorded in the office of the County Recorder a Notice of Completion.
Thirty-five (35) days after recording the Notice of Completion of the work involved in the Contract, the City will pay the Contractor in lawful money such sums of money as may be due the Contractor including all sums retained but excluding such sums as have previously been paid the Contractor.
This payment will constitute the final payment to the Contractor under this Contract.
8.7 Warranty of Title
No material, supplies, or equipment for the work under this Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by the Contractor, to the City free from any claim, liens, security interest, or charges, and further agrees that neither the Contractor nor any person, firm, or corporation furnishing any materials or labor for any work covered by this Contract shall have any right to a lien upon the premises or any improvement or appurtenances thereon.
9.0 EXISTING UTILITIES
9.1 General
Pursuant to Government Code Section 4216, et. seq., the Contractor shall notify the appropriate notification center, U.S.A., 1-800-642-2444.
9.2 Notification and Location
At least three (3) working days before performing any excavation work, the Contractor shall request the utility owners to mark or otherwise indicate the location of their service.
EXHIBIT 2 931
General Conditions
00700-54
It shall be the Contractor's responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective owners and which the Contractor believes may affect or be affected by the Contractor's operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work.
9.3 Damage and Protection
The Contractor shall immediately notify the Construction Manager and utility owner of any damage to a utility.
For work within a public right of way or utility easement, the party responsible for the cost of repairing and/or relocating damaged utilities shall be as follows:
Description Responsible Party
a. Utility mains delineated incorrectly on City/Utility Company City’s plans
b. Utility mains delineated correctly on City’s Utility Company plans but information provided
incorrectly by utility company
c. Utility mains not shown on City’s plan Utility Company d. Utility mains incorrectly marked in the Utility Company field by utility company
e. Utility mains incorrectly marked and/or Contractor
delineated on City’s plans
f. Utility service laterals whether indicated Contractor or not indicated on plans and whether
correctly or incorrectly shown on City’s
plans
9.4 Utility Relocation and Rearrangement
The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility.
The Contractor assumes responsibility for the removal, relocation, or protection of existing facilities wherein said facilities are identified by the Plans, field located by a utility company, or as provided for in the General Requirements. The Contractor shall coordinate with the owner of utility facilities for the rearrangement of said facilities.
EXHIBIT 2 932
General Conditions
00700-55
In the event that underground utilities are found that are not shown in the Contract Documents or are found to exist in a different location than shown in the Contract Documents, the Contractor shall: (1) notify the Construction Manager of the existence of said facilities immediately; and (2) take steps to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities.
Requests for extensions of time arising out of utility rearrangement delays shall be determined by Construction Manager. In accordance with Government Code Section 4215 the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay is caused by the failure of the City or utility company to provide for the removal or relocation of facilities for which they are the responsible party as defined in Paragraph 00700-9.3, Damage and Protection.
Where it is determined by the Construction Manager that the rearrangement of an underground main, the existence of which is not shown on the Plans, Specifications, or in the General Requirements, is essential in order to accommodate the contemplated improvement, the Construction Manager will provide for the rearrangement of such facility by other forces or by the Contractor in accordance with the provisions of Paragraph 00700-7.2, Change Orders.
When the General Requirements, Specifications, or Plans indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor.
Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor's responsibility and it shall make arrangements and bear all costs.
10.0 APPLICABLE LAW/CODE REQUIREMENTS
Contractor shall perform the Work in accordance with the following Applicable Law/Code Requirements and all code requirements listed in the Scope of Work:
a. All laws, statutes, the most recent building codes, ordinances, rules, regulations, and lawful orders of all public authorities having jurisdiction over City, Contractor, any subcontractor, the Project, the Project site, the Work, or the prosecution of the Work, including, but not limited to:
(1) any federal, state or local law, code, regulation or consent order or agreement having the force of law;
(2) any formally adopted and generally applicable rule, requirement, determination, standard, policy, implementation schedule or order of any governmental or regulatory agency having appropriate jurisdiction;
(3) any established interpretation of law or regulation utilized by an appropriate governmental or regulatory agency if such interpretation is documented by such governmental or regulatory agency and generally applicable; and, (4) any governmental or regulatory agency approval, in each case applicable from time to time to the siting, permitting, design, acquisition, construction, equipping, financing, ownership, possession, start-up, testing, operation, maintenance, repair, replacement or management of the Facilities
b. Applicable Sections in the State of California Labor Code.
EXHIBIT 2 933
General Conditions
00700-56
c. All Applicable Code Requirements relating to nondiscrimination, payment of prevailing wages, payroll records, apprentices, and work day.
Contractor shall comply with and give notices required by all Applicable Code Requirements, including all environmental laws and all notice requirements under the State of California Safe Drinking Water and Enforcement Act of 1986 (State of California Health and Safety Code Section 25249.5, and applicable sections that follow). Contractor shall promptly notify City’s Representative in writing if Contractor becomes aware during the performance of the Work that the Contract Documents are at variance with Applicable Code Requirements.
If Contractor performs Work which it knows or should know is contrary to Applicable Code Requirements, without prior notice to City and City’s Representative, Contractor shall be responsible for such Work and any resulting damages including, without limitation, the costs of correcting Defective Work.
The Applicable Code Requirements under this Section shall be those in existence at the time the Contract is approved by the City Council. Any significant change in the Applicable Code Requirements that occurs after approval of the Contract by the City Council, and that significantly changes the scope or cost of work in the respective stages, shall be addressed through the change order and modifications procedures established in the Contract Documents.
11.0 USE OF SITE AND CLEAN UP
Contractor shall confine operations at the Project site to areas permitted by law, ordinances, permits, and the Contract Documents. Contractor shall not unreasonably encumber the Project site with materials or equipment.
Contractor shall, during performance of the Work, keep the Project site and surrounding area free from the accumulation of excess dirt, waste materials, and rubbish caused by Contractor.
Contractor shall remove all excess dirt, waste material, and rubbish caused by the Contractor; tools; equipment; machinery; and surplus materials from the Project site and surrounding area at the completion of the Work.
Personnel of Contractor and subcontractors shall not occupy, live upon, or otherwise make use of the Project site during any time that Work is not being performed at the Project site, except as otherwise provided in the Contract Documents.
Contractor shall conduct and cause all working forces at the site to maintain the site in a neat orderly manner throughout the construction operations. The work shall be conducted in a manner that will control the dust. When ordered to provide dust control, the Contractor shall use water or turn soil to reduce the dusty conditions, all to the satisfaction of the City’s Representative and in accordance with Section 10 of the City of Stockton Standard Specifications. During construction, Contractor shall remove all rubbish and debris as it is generated to the satisfaction of the Engineer.
12.0 CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD The term “Guarantee To Repair Period” means a period of 1 year from Final Completion, unless a longer period of time is specified.
Contractor shall (1) correct Defective Work that becomes apparent during the progress of the Work or during the Guarantee To Repair Period, and (2) replace, repair, or restore to City’s satisfaction EXHIBIT 2 934
General Conditions
00700-57
any other parts of the Work and any other real or personal property which is damaged or destroyed as a result of Defective Work or the correction of Defective Work. Contractor shall promptly commence such correction, replacement, repair, or restoration upon notice from City’s Representative or City, but in no case later than 10 days after receipt of such notice; and Contractor shall diligently and continuously prosecute such correction to completion. Contractor shall bear all costs of such correction, replacement, repair, or restoration, and all losses resulting from such Defective Work, including additional testing, inspection, and compensation for City’s Representative’s services and expenses. Contractor shall perform corrective Work at such times that are acceptable to City and in such a manner as to avoid, to the extent practicable, disruption to City’s activities.
If immediate correction of Defective Work is required for life safety or the protection of property and is performed by City or Separate Contractors, Contractor shall pay to City all reasonable costs of correcting such Defective Work. Contractor shall replace, repair, or restore to City’s satisfaction any other parts of the Construction Work and any other real or personal property which is damaged or destroyed as a result of such Defective Work or the correction of such Defective Work.
Contractor shall remove from the Project site portions of the Construction Work and materials which are not in accordance with the Contract Documents and which are neither corrected by Contractor nor accepted by City.
If Contractor fails to commence correction of Defective Work within 10 days after notice from City or City’s Representative or fails to diligently prosecute such correction to completion, City may correct the Defective Work; and, in addition, City may remove the Defective Work and store salvageable materials and equipment at Contractor’s expense.
If Contractor fails to pay the costs of such removal and storage as required by the Contract Documents within 10 days after written demand, City may, without prejudice to other remedies, sell such materials at auction or at private sale, or otherwise dispose of such material. Contractor shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which Contractor is liable to City, including compensation for City’s Representative’s services and expenses. If such proceeds of sale do not cover costs and damages for which Contractor is liable to City, the Contract Sum shall be reduced by such deficiency. If there are no remaining payments due Contractor or the remaining payments are insufficient to cover such deficiency, Contractor shall promptly pay the difference to City.
Contractor’s obligations under this Section are in addition to, and not in limitation of, its warranty under Section 01015 or any other obligation of Contractor under the Contract Documents.
Enforcement of Contractor’s express warranties and guarantees to repair contained in the Contract Documents shall be in addition to and not in limitation of any other rights or remedies City may have under the Contract Documents or at law or in equity for Defective Work, including, but not limited to, under CCP Sections 337.1 and 337.15. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations of Contractor under the Contract Documents. Establishment of the Guarantee To Repair Period relates only to the specific obligation of Contractor to correct the Work and in no way limits either Contractor’s liability for Defective Work or the time within which proceedings may be commenced to enforce Contractor’s obligations under the Contract Documents.
***END OF SECTION***
EXHIBIT 2 935
Supplementary Conditions
00800-1
SECTION 00800 - SUPPLEMENTARY CONDITIONS
1.0 LOCAL EMPLOYMENT (For contracts valued at $100,000 and above) Contractor shall make a good-faith effort, with the assistance of local labor union hiring halls or community organizations designated by the City to employ qualified individuals who are, and have been for one year prior to the effective date of the contract, residents of Stockton in sufficient numbers so that no less than 50% of the contractor's total construction work force, including any subcontractor work force, measured in labor work hours, is comprised of Stockton residents.
Contractor or subcontractor shall make a good faith effort to employ apprentices who are enrolled in and participating in a viable apprenticeship program serving the San Joaquin Valley and approved by the State Department of Apprenticeship Standards. This apprenticeship requirement shall apply for each apprenticable craft or trade in which the contractor employs workers in performing any of the work under the contract.
If, in response to a written request made at least 48 hours (excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are required, an apprenticeship program(s) does not dispatch any apprentice or dispatches fewer apprentices than requested to a contractor (that has agreed to employ and train apprentices in accordance with California Labor Code Section 1777.5) within 72 hours of such request (excluding Saturdays, Sundays and holidays), that contractor shall be considered in compliance with the apprentice employment requirement for that trade or craft for a 90-day period from the request date, provided the contractor employs those apprentices who are dispatched. Where there is more than one viable apprenticeship program for that trade or craft serving the San Joaquin Valley, a contractor, that is not a participant in or an affiliate of an apprenticeship program and receives fewer apprentices dispatched than requested, shall not be considered in compliance with the apprentice employment requirement unless the contractor has made a written request for the dispatch of apprentices from at least two viable apprenticeship programs. A contractor, that is a participant in or an affiliate of an apprenticeship program, shall make dispatch requests to the program in which it is affiliated or participating.
In the event that no viable apprenticeship program exists for a particular craft or trade, the contractor shall be exempt from the requirements of this Section with regard to that craft or trade.
A contractor employing apprentices pursuant to this Section shall employ apprentices in a ratio of not less than one apprentice for each five journeymen in the apprenticeship craft or trade classification that are employed on the public work contract unless to do so would result in apprentice employment in ratios below the minimum ratios prescribed by California Labor Code Section 1777.5 in which case apprentice employment shall be at least in the ratios prescribed by California Labor Code Section 1777.5.
This Section shall not be construed so as to exempt a contractor from any otherwise applicable requirement imposed upon the contractor by the California Labor Code.
1.1 GOOD FAITH EFFORT
A bidder or contractor who fails to meet the goal of having 50 percent of its work force be residents of Stockton shall, nevertheless, be deemed to have made a "good faith effort" to hire sufficient EXHIBIT 2 936
Supplementary Conditions
00800-2
numbers of residents of Stockton if, prior to execution of the contract with the City, six (6) or more of the following employee recruitment activities have been undertaken and documented:
(A) Placing a valid job order for existing and projected position vacancies with the local office of the State Employment Development Department, for no less than 10 consecutive calendar days.
(B) Placing a valid job order for existing and projected position vacancies with Worknet of San Joaquin County, for no less than 10 consecutive calendar days. (C) Advertising existing and projected position vacancies, job informational meetings, job application workshops, job application centers and job interviews by posting notices which identify the positions to be filled, the qualifications required, and where to obtain additional information about the application process, in conspicuous local authorized public places, including but not limited to the City Hall, schools, post offices, libraries, and senior citizens' centers.
(D) Conducting a job informational meeting to inform the community of employment opportunities of the contractor, to be held at a City or other public facility (may be combined with other contractors).
(E) Providing ongoing assistance to Stockton residents in completing job application forms. (F) Conducting a job application workshop to assist the community in applying and interviewing for jobs in the contracting industry, to be held at a City or other public facility (may be combined with other contractors).
(G) Establishing a job application center located in the City of Stockton, where job applications may be obtained, delivered to and collected.
(H) Conducting job interviews within 10 miles of the location designated for contract performance.
(I) Advertising valid existing and projected position vacancies through the local media, such as community television network, local newspapers of general circulation, and trade papers or minority focus newspapers.
(J) Telephone solicitation of known potential local subcontractors or employees. (K) Any other means of obtaining employees who are residents of Stockton that are reasonably calculated to comply with the goals of this ordinance.
1.2 REQUIRED DOCUMENTATION
The contractor shall keep, and provide to the City, on standardized forms acceptable to the City, an accurate record showing the name, place of residence, hours employed and per diem wages and benefits of each person employed by the contractor, and the contractor's subcontractors, on the specific public works project, including full-time, part-time, permanent and temporary employees.
EXHIBIT 2 937
Supplementary Conditions
00800-3
The contractor shall keep, and provide to the City, on forms acceptable to the City, an accurate record, documenting the contractor's good faith efforts to comply with the local resident employment and apprentice employment provisions of this Section. Said records shall include: a listing by name and address of all local recruitment sources contacted by the contractor; the date of the local recruitment contact and the identity of the person contacted; the trade and classification and number of employment referrals requested; the number of local residents employed as a result of the contact; and the identity and address of the person(s) employed pursuant to the contact.
1.3 FORMS SUBMITTED UNDER PENALTY OF PERJURY
All forms required under this Section shall attest to the veracity of the information set forth therein and shall be submitted under penalty of perjury.
1.4 IRRESPONSIBLE BIDDER DECLARATION
Should any contractor or subcontractor fail to abide by the good-faith local resident employment and apprentice employment provisions of this Section, the contractor or subcontractor may be declared by the City to be an irresponsible bidder on future projects pursuant to Section 3.72.010 of this Code.
1.5 BINDING ON SUBCONTRACTORS
The good-faith local resident employment and apprentice employment provisions of this Section shall bind the contractor both with respect to persons employed directly by the contractor and to all persons employed by the contractor's subcontractors. The contractor shall be responsible for assuring that all subcontractors document said compliance by submitting, and making available to the City, the forms required by this Section.
1.6 DEFINITIONS
As used in this Section, the following terms shall have the following definitions:
(A) "Qualified individual" means an individual who is in a certified state or federally approved apprenticeship program in an applicable trade or has become a journeyperson in his or her applicable trade.
(B) "Contract for public works or improvement" means any contract with the City for construction, alteration, demolition or repair work.
(C) "Resident of Stockton" means an individual who has been domiciled, as defined by Section 200(b) of the California Elections Code, within the boundaries of Stockton for at least one year immediately preceding the date of the award of contract by the City and who can verify his or her domicile upon request of the contractor or City by producing documentation such as a rent/lease agreement, telephone and utility bills or payment receipts, a valid California driver's license or identification card, and/or any other similar, reliable evidence that verifies that the individual is domiciled within Stockton. For the purposes of this Section, the following Zip Code areas are considered to be within Stockton:
EXHIBIT 2 938
Supplementary Conditions
00800-4
95202, 95203, 95204, 95205, 95206, 95207, 95209, 95210, 95212, 95215 and 95219. (D) "Viable apprenticeship program" means an apprenticeship program approved by the California Department of Apprenticeship Standards that has graduated apprentices annually for at least the past five years. Any apprenticeship program that has been approved for less than ten years shall be deemed a viable apprenticeship program provided that, following the fifth anniversary of its approval by the California Department of Apprenticeship Standards, it graduates apprentices each subsequent year.
1.7 CONTRACTS - SUBCONTRACTS
Contracts and bid documents shall incorporate this Section by reference and shall provide that the failure of any contractor or subcontractor to comply with any of the requirements of this Section shall be deemed a material breach of the contract or subcontract.
All subcontracts shall expressly acknowledge the City's status as a third party beneficiary to that subcontract and further expressly acknowledge that the City, as a third party beneficiary, shall have the right to enforce the provisions of this Section with regard to that subcontract or seek remedies available under this Section should a party to the subcontract fail to comply with any of the provisions of this Section that apply to the subcontract. However, nothing set forth herein shall create a contractual relationship, or privity, between the City and any subcontractor.
Bidders or contractors and subcontractors shall maintain records necessary for monitoring their compliance with this Section.
1.8 EXCEPTIONS
The provisions of this Section shall not apply:
(A) Where the City determines that the contract is necessary to respond to a declared emergency which endangers the publish health, welfare, or safety and there is no time to apply the provisions of this Section.
To City construction contracts or portions thereof, wherein the work is of a highly specialized nature as determined by the City Council when the contract specifications are approved (Ord. 011-09 § 1, eff. 10- 01-09)
EXHIBIT 2 939
Supplementary Conditions
00800-5
LOCAL EMPLOYMENT ORDINANCE
COMPLIANCE DOCUMENTATION
Final Report
For
PROJECT NAME
PROJECT NO.
CITY OF STOCKTON
MUNICIPAL UTILITIES DEPARTMENT
Notice to Proceed:
Date
EXHIBIT 2 940
Supplementary Conditions
00800-6
General Information
The Prime Contractor and every subcontractor shall complete this page and the accompanying forms no later than 30 days after Substantial Completion of the Project.
Project Name:
Project Number:
Contract Date:
Contractor:
Address:
City: STATE: ZIP:
Phone:
Contractor’s License Number:
Type of Contractor’s License (s):
EXHIBIT 2 941
Supplementary Conditions
00800-7
SUMMARY SHEET FOR LOCAL RESIDENT PARTICIPATION
List the actual number of hours performed in Table 1
TABLE 1
ITEM DESCRIPTION HOURS TO DATE
A Total number of hours performed at the jobsite
B Qualifying number of labor hours performed at the jobsite
Qualifying hours are defined as hours performed by Local Residents.
Percent local participation: B/A x 100 =
EXHIBIT 2 942
Supplementary Conditions
00800-8
SUMMARY SHEET FOR APPRENTICESHIP REQUIREMENT
TABLE 2
Trade/
Classification
Number of
Journeymen
Number of
Apprentices
EXHIBIT 2 943
Supplementary Conditions
00800-9
BREAKDOWN OF WORK HOURS PERFORMED AT THE JOBSITE
TABLE 3
Employee
Name *
Zip Code
of
Residence
Local Resident
Yes/No
Meets one
year
Residency
Requirement
Yes/No
Hours
Employed
Base
Hourly
Pay
Total
Hourly
Pay
If apprentice, please indicate with an asterisk (*)
Please provide supporting documentation for proof of residence and one year residency requirement.
EXHIBIT 2 944
Supplementary Conditions
00800-10
GOOD FAITH EFFORT DOCUMENTATION
CITY OF STOCKTON
MUNICIPAL UTILITIES DEPARTMENT
Please check all boxes that apply:
Placed a valid job order for existing and projected position vacancies with the local office of the State Employment Development Department, for no less than 10 consecutive calendar days.
Placed a valid job order for existing and projected position vacancies with Worknet of San Joaquin County, for no less than 10 consecutive calendar days.
Advertised existing and projected position vacancies, job informational meetings, job application workshops, job application centers and job interviews by posting notices which identify the positions to be filled, the qualifications required, and where to obtain additional information about the application process, in conspicuous local authorized public places, including but not limited to the City Hall, schools, post offices, libraries, and senior citizens’ centers.
Conducted a job informational meeting to inform the community of employment opportunities of the contractor, to be held at a City facility (may be combined with other contractors).
Provided ongoing assistance to Stockton residents in completing job application forms.
Conducted a job application workshop to assist the community in applying and interviewing for jobs in the contracting industry, to be held at a City facility (may be combined with other contractors).
Established a job application center located in the City of Stockton, where job applications may be obtained, delivered to and collected.
Conducted job interviews within 10 miles of the location designated for contract performance.
Advertised valid existing and projected position vacancies through the local media, such as community television network, local newspapers of general circulation, and trade papers or minority focus newspapers.
Telephone solicitation of known potential local subcontractors or employees.
Any other means of obtaining employees who are residents of Stockton that are reasonably calculated to comply with the goals of this ordinance.
Please provide supporting documentation for all boxes checked.
EXHIBIT 2 945
Supplementary Conditions
00800-11
I declare under the penalty of perjury that the foregoing information is true and correct.
By my signature below, I acknowledge that I have met the requirements of the City of Stockton’s Local Employment Ordinance.
I understand this information is subject to audit verification, and I acknowledge and am hereby advised that upon, and as a result of, a finding of non-compliance with the Local Employment Ordinance Provisions, the City may determine that I and/or my firm is not a responsible bidder on future projects.
Owner/Authorized Representative (Signature) Name of Firm
Name and Title (Print) Date
EXHIBIT 2 946
Supplementary Conditions
00800-12
2.0 COMMUNITY WORKFORCE AND TRAINING AGREEMENT (For contracts valued at $1,000,000 and above)
EXHIBIT 2 947
Supplementary Conditions
00800-13
EXHIBIT 2 948
Supplementary Conditions
00800-14
EXHIBIT 2 949
Supplementary Conditions
00800-15
EXHIBIT 2 950
Supplementary Conditions
00800-16
EXHIBIT 2 951
Supplementary Conditions
00800-17
EXHIBIT 2 952
Supplementary Conditions
00800-18
EXHIBIT 2 953
Supplementary Conditions
00800-19
EXHIBIT 2 954
Supplementary Conditions
00800-20
EXHIBIT 2 955
Supplementary Conditions
00800-21
EXHIBIT 2 956
Supplementary Conditions
00800-22
EXHIBIT 2 957
Supplementary Conditions
00800-23
EXHIBIT 2 958
Supplementary Conditions
00800-24
EXHIBIT 2 959
Supplementary Conditions
00800-25
EXHIBIT 2 960
Supplementary Conditions
00800-26
EXHIBIT 2 961
Supplementary Conditions
00800-27
EXHIBIT 2 962
Supplementary Conditions
00800-28
EXHIBIT 2 963
Supplementary Conditions
00800-29
EXHIBIT 2 964
Supplementary Conditions
00800-30
EXHIBIT 2 965
Supplementary Conditions
00800-31
EXHIBIT 2 966
Supplementary Conditions
00800-32
EXHIBIT 2 967
Supplementary Conditions
00800-33
EXHIBIT 2 968
Supplementary Conditions
00800-34
EXHIBIT 2 969
Supplementary Conditions
00800-35
COMMUNITY WORKFORCE AND TRAINING AGREEMENT
COMPLIANCE DOCUMENTATION
Monthly Workforce Utilization Report
MM/DD/YYYY through MM/DD/YYYY
For
PROJECT NAME
PROJECT NO.
CITY OF STOCKTON
___________________ DEPARTMENT
EXHIBIT 2 970
Supplementary Conditions
00800-36
General Information
The Prime Contractor and every subcontractor shall complete this page and the accompanying forms to be submitted monthly.
Project Name:
Project Number:
Contract Date:
Contractor:
Address:
City: STATE: ZIP:
Phone:
Contractor’s License Number:
Type of Contractor’s License (s):
EXHIBIT 2 971
Supplementary Conditions
00800-37
SUMMARY SHEET FOR LOCAL WORKFORCE UTILIZATION
TABLE 1
ITEM DESCRIPTION HOURS
A Total hours performed at the jobsite (
B Labor hours performed at the jobsite by Stockton Residents ( C Labor hours performed by Local Area (San Joaquin) Residents ( D Labor hours performed at the jobsite by Apprentices ( E Labor hours performed at the jobsite by Stockton Apprentices ( F Labor hours performed by Local Area (San Joaquin) Apprentices ( Local Hire Requirements:
B
Primary Goal = x 100%
A
= _________% must be equal to or greater than 50%
If the primary goal of 50% is not achieved, provide as an attachment, documentation showing any requests made to the Union dispatchers for Stockton residents and the Union’s response to the request.
C
Secondary Goal = x 100%
A
= _________% must be equal to or greater than 50%
State of California, Department of Industrial Relations, Division of Apprenticeship Standards Requirements:
D
x 100%
A
= _________% must be equal to 20%
Priority Apprenticeship and Workforce Development Requirements:
E
Primary Goal = x 100%
D
= _________% must be equal to or greater than 50%
If the primary goal of 50% is not achieved, provide as an attachment, documentation showing any requests made to the Union dispatchers for Stockton residents and the Union’s response to the request.
F
Secondary Goal = x 100%
D
= _________% must be equal to or greater than 50%
EXHIBIT 2 972
Supplementary Conditions
00800-38
BREAKDOWN OF WORK HOURS PERFORMED AT THE JOBSITE
TABLE 2
Employee
Name * Union
Zip Code
of
Residence
Employee Residency
Stockton Resident
S.J. County
(Local Area)
Resident
Neither
Check,
if Yes
Number of
Hours
Worked
Check,
if Yes
Number of
Hours
Worked
Check,
if Yes
Number of
Hours
Worked
TOTAL
If apprentice, please indicate with an asterisk (*)
Stockton Resident means a resident of the City of Stockton as defined by Stockton Municipal Code Section 3.68.095 (I) (3).
Local Area Resident means any Stockton Resident or any individual domiciled within the boundaries of San Joaquin County.
You may be required to provide supporting documentation for proof of residency.
Priority zip codes are: 95202, 95203, 95204, 95205, and 95206.
EXHIBIT 2 973
Supplementary Conditions
00800-39
BREAKDOWN OF WORK HOURS PERFORMED AT THE JOBSITE
BY APPRENTICES
TABLE 3
Trade/Classification
Number of
Journeymen
Hours
Number of
Apprentices
Hours
Apprentice Residency
Stockton
Resident
S.J. County
(Local Area)
Resident
Neither
Check,
if Yes
Number
of Hours
Worked
Check,
if Yes
Number of
Hours
Worked
Check,
if Yes
Number of
Hours
Worked
TOTAL
Stockton Resident means a resident of the City of Stockton as defined by Stockton Municipal Code Section 3.68.095(I)(3).
Local Area Resident means any Stockton Resident or any individual domiciled within the boundaries of San Joaquin County.
EXHIBIT 2 974
Supplementary Conditions
00800-40
I declare under the penalty of perjury that the foregoing information is true and correct.
By my signature below, I acknowledge that I have met the requirements of the City of Stockton’s Community Workforce and Training Agreement.
I understand this information is subject to audit verification, and I acknowledge and am hereby advised that upon, and as a result of, a finding of non-compliance with the Community Workforce and Training Agreement, the City may determine that I and/or my firm is not a responsible bidder on future projects.
Owner/Authorized Representative (Signature) Name of Firm
Name and Title (Print) Date
EXHIBIT 2 975
Supplementary Conditions
00800-41
3.0 Labor, Working Hours:
3.1. No Work shall be done between [6:00 p.m. and 7:00 a.m.] without permission of the City. However, emergency work may be done without prior permission.
3.2. Night Work may be undertaken as a regular procedure with the permission of the City; such permission, however, may be revoked at any time by the City if Contractor fails to maintain adequate equipment and supervision for the proper prosecution and control of the Work at night.
4.0 Services, Materials, and Equipment:
A. Interfaces to Equipment, Instruments, and Other Components:
1. The drawings, specifications, and overall design are based on preliminary information furnished by various equipment manufacturers which identify a minimum scope of supply from the manufacturers. This information pertains to, but is not limited to, instruments, control devices, electrical equipment, packaged mechanical systems, and control equipment provided with mechanical systems.
2. Provide all material and labor needed to install the actual equipment furnished, and include all costs to add any additional conduit, wiring, terminals, or other electrical hardware to the work, which may be necessary to make a complete, functional installation based on the actual equipment furnished. Make all changes necessary to meet the manufacturer’s wiring requirements.
3. Submit all such changes and additions to the Construction Manager for acceptance in accordance with the General Conditions.
4. Review the complete set of drawings and specifications in order to ensure that all items related to the electrical power and control systems are completely accounted for. Include any such items that appear on drawings or in specifications from another discipline in the scope of Work.
B. Until Substantial Completion of the Work is acknowledged by the City, Contractor shall have the responsible charge and care of the Work and of materials to be used herein, including materials for which Contractor has received partial payment or materials which have been furnished by the City, and shall bear the risk of injury, loss, or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the Work.
C. Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause before the Work's completion and acceptance and shall bear the expense thereof. Where necessary to protect the Work or materials from damage, Contractor shall, at Contractor's own expense, provide suitable drainage and erect such temporary structures or rent such structures as are necessary to protect the Work or materials from damage. The suspension of the Work or the granting of an extension of time from any cause whatever shall not relieve Contractor of Contractor's responsibility for the Work and materials as specified herein.
D. When the quality of a material, process, or article is not specifically set forth in the Contract Documents, the best available quality of the material, process, or article shall be provided.
EXHIBIT 2 976
Supplementary Conditions
00800-42
E. Delivery and Inspection:
1. Deliver products in undamaged condition, in manufacturer’s original container or packaging with identifying labels intact and legible. Include date of manufacture on label. ***END OF SECTION***
EXHIBIT 2 977
Modifications to General Conditions
00810-1
SECTION 00810 - MODIFICATIONS TO GENERAL CONDITIONS
NONE
***END OF SECTION***
EXHIBIT 2 978
Modifications to General Conditions
00810-2
EXHIBIT 2 979
Liability and Insurance Requirements
00820-1
SECTION 00820 - LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
2.0 INSURANCE REQUIREMENTS
Exhibit B:
Insurance Requirements
(Digester Gas Holder Diaphragm Replacement)
Contractor 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 SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $2,000,000 per accident for bodily injury or disease.
4. Surety Bonds as described below.
5. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $1,000,000 policy aggregate.
EXHIBIT 2 980
Liability and Insurance Requirements
00820-2
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-Insured 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 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 selfinsurance 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 (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:
EXHIBIT 2 981
Liability and Insurance Requirements
00820-3
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 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 EXHIBIT 2 982
Liability and Insurance Requirements
00820-4
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.
Duration 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 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 2 983
Liability and Insurance Requirements
00820-5
***END OF SECTION***
EXHIBIT 2 984
Summary of Work
01010-1
SECTION 01010 - SUMMARY OF WORK
1.0 WORK COVERED BY CONTRACT DOCUMENTS
The work shall be performed in accordance with the intent of the Contract Documents as stated in the Contract Documents, excluding only the Work indicated or specified to be provided by the City or others under separate contract or other arrangement.
2.0 CONTRACT ADMINISTRATION
The following are designated:
2.1 Name of Construction Manager
Ana Chiono
Associate Engineer
2500 Navy Drive
Stockton, CA 95206
2.2 Name of Design Consultant
N/A
2.3 Name of City's Representative
Ana Chiono
Associate Engineer
2500 Navy Drive
Stockton, CA 95206
3.0 TIME ALLOWED FOR COMPLETION
In accordance with the provisions of Paragraph 00700-6.2, Time of Completion, substantial completion of this project shall be completed within TWO HUNDRED SEVENTY (270) consecutive calendar days from the effective date of the Notice to Proceed and final completion shall be achieved within THIRTY (30) consecutive calendar days following substantial completion.
EXHIBIT 2 985
Summary of Work
01010-2
4.0 DAMAGES FOR DELAYS
In accordance with the provisions of Paragraph 00700-6.5, Liquidated Damages, for the period of time that any portion of the work remains unfinished after the time fixed for substantial completion, and for the period of time that any portion of the work remains unfinished after the time fixed for final completion, in the Contract documents, as modified by extensions of time granted by the City, it is understood and agreed by the Contractor and the City that the Contractor shall pay the City ONE THOUSAND Dollars ($1,000) per day liquidated damages. Should work remain unfinished after the time fixed for both substantial completion and final completion, the liquidated damages shall remain ONE THOUSAND Dollars ($1,000) per day.
5.0 WEATHER DAYS
In accordance with the provisions of Paragraph 00700-6.4.2.c., Weather Delays, an allowance of ZERO (0) calendar days of weather caused delay is provided.
6.0 WORK SEQUENCE AND CONSTRAINTS
Refer to Section 01040, Coordination.
7.0 OCCUPANCY REQUIREMENTS
Refer to Section 01040, Coordination.
8.0 CITY FURNISHED MATERIALS
8.1 Plans and Specifications - At the Contractor’s request, the City will deliver original documents to, and pickup up from, a duplication service in the Stockton metropolitan area. The Contractor shall be responsible for the cost of the additional copies, and for picking up such copies. At no time will the City make the original documents available to the Contractor.
9.0 TRENCH EXCAVATION
The maximum amount of trench remaining open without backfill shall be ZERO (0) feet. No trench in public areas shall be left open during periods when the Contractor is not at the site of work, trenches in these areas shall either be backfilled and temporarily paved, where applicable, or covered with steel trench plates as specified in the technical specifications. No more that two consecutive trench plates will be allowed at anytime when the Contractor is not at the site of work.
10.0 WORK UNDER OTHER CONTRACTS
The City’s Utility Facilities are critical facilities that operate twenty-four hours each and every day.
During the life of this contract, other contracts may be let to construct, operate, maintain, or repair facilities in and/or around the project sites. The Contractor shall refer to the provisions pertaining to cooperation and coordination elsewhere in these Contract Documents, and shall coordinate with the City to minimize interferences to or caused by other contracts.
EXHIBIT 2 986
Summary of Work
01010-3
Other work anticipated to occur during the life of this project includes, but is not limited to, the following: RWCF Modifications Project.
11.0 CONTRACTOR'S WORK PERCENTAGE
The minimum portion of the work to be performed by the Contractor's forces shall be fifty-one percent (51%) for this contract.
12.0 UNDERGROUND FACILITIES
The Contractor is responsible for coordinating all project documentation, including but not necessarily limited to, the Contract Documents and existing record drawings for the determination of the location of all underground facilities.
The Contractor shall exercise care in all excavations to avoid damage to existing underground facilities. This shall include potholing or hand digging in those areas where underground facilities are known to exist, prior to installation work, until they have been sufficiently located to avoid damage to the facilities.
Prior to fabrication, the Contractor shall verify the location and elevations of existing underground facilities which the Contractor is connecting to.
No additional compensation shall be provided to the Contractor for compliance with the provisions of this section or for the damage and repair of facilities due to the lack of such care.
13.0 LEGAL AND CITY HOLIDAYS
New Years Day Martin Luther King's Birthday
Lincoln's Birthday President's Day
Cesar Chavez Observance Memorial Day
Fourth of July Labor Day
Columbus Day Veteran's Day
Thanksgiving and the Day after Christmas
The City will have limited staff and support capabilities available during these holidays. Requests for inspection or other City services on holidays will be paid for by the Contractor at the established holiday pay scale rate for the services required. The City shall determine the appropriate level of response and support needed in terms of any request.
***END OF SECTION***
EXHIBIT 2 987
Summary of Work
01010-4
EXHIBIT 2 988
General Provisions
01015-1
SECTION 01015 – GENERAL PROVISIONS
1.0 GENERAL
1.1 Description
This Section covers general provisions and requirements for the Work and is supplementary to the Standard Specifications and the Conditions of the Contract.
1.2 Guarantee
The Contractor shall guarantee that the equipment, materials and workmanship furnished under this Contract will be as specified and will be free from defects for a one-year guarantee period, starting from the date of Final Completion of the Work, unless a longer period of time is prescribed by law or required by special provisions elsewhere in the Contract Documents and except as otherwise noted herein. If a specific item (or items) of equipment or material cannot be utilized by the Owner at Final Completion because the Work is incomplete or defective, the guarantee for that item (or items) shall begin when the Owner is provided beneficial use. Beneficial use for any such items shall be provided prior to Final Completion. In addition, the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. Within the guarantee period and upon notification of the Contractor by the Owner, the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects, failure or abnormalities which, in the judgment of the Owner, become necessary during such period. The cost of all materials, parts, labor, transportation, supervision, special tools and supplies required for correction of defects, failure or abnormalities shall be paid by the Contractor. In the event warranty work involves repair or replacement of parts, machine work, or any other work which affects the equipment or materials installed under this Contract, the Contractor’s guarantee on such items and work shall be extended for a period of one year from the date of installation of said items, or the performance of said work.
If, within ten (10) days, unless specified otherwise by the Owner, after the Owner gives the Contractor notice of a defect, failure, or abnormality of the Work, the Contractor neglects to make the necessary repair or adjustments, the Owner may make the repair or adjustments or order the Work to be done by a third party, with the cost of the Work to be paid by the Contractor. In the event of an emergency where, in the judgment of the Owner, delay would cause serious loss or damage, repairs or adjustments may be made by the Owner, without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor.
1.3 Contractor’s License
The Contractor for this Project shall possess at the time of bid, and maintain throughout the duration of the Contract, a valid California Class A or C-33 General Engineering Contractor’s License.
1.4 Patents
Royalties and fees from patents covering materials, articles, apparatus, devices, or equipment (as distinguished from processes) used in the Work, shall be included in the Contract amount. The Contractor shall satisfy all demands that may be made at any time for such royalties or fees and he shall be liable for any damage or claims for patent infringements. The Contractor shall, at his own cost and expense, defend all suits or proceedings that may be instituted against the Owner for infringement or alleged infringement of any patents involved in the Work and, in case of an award of damages, the Contractor shall pay such award. Final payment to the Contractor by the Owner EXHIBIT 2 989
General Provisions
01015-2
will not be made while any suit or claim remains unsettled. The Contractor, however, will not be held liable for the defense of any suit or other proceeding, nor the payment of any damages or other costs for the infringement of any patented process required by the Contract Documents; except if the Contractor has information that the process so required is an infringement of a patent, the Contractor shall be liable for any damages or claims in connection therewith unless he promptly notifies the Owner of such infringement.
2.0 PRODUCTS (Not applicable in this Section)
3.0 EXECUTION
3.1 Public Complaints.
The Contractor shall respond to public complaints when requested by the Owner.
3.2 Guarantees and Warranties
Except as herein specified, all guarantees and warranties shall conform with applicable requirements of Sections 7-1.23 and 7-1.24 of the Standard Specifications, entitled “Guarantee (General)” and “Guarantee (Specific),” respectively.
3.3 Precedence of Contract Documents
A. Section 00700, Paragraph 1.2 applies.
B. Detail Drawings take precedence over small-scale drawings and full-size Drawings shall be followed in preference to both. Full-size Drawings take precedence over reduced-size Drawings.
3.4 Care and Protection of Property
If any direct or indirect damage is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the Work on the part of the Contractor, such property shall be restored by the Contractor, at his expense, to a condition, as determined by the City, which is similar or equal to that existing before the damage was done, or he shall make good the damage in another manner acceptable to the Owner. The Contractor is responsible for the following at his own expense:
A. To conduct his operation in a manner which will cause the least amount of damage, inconvenience and interference with the normal use of any public or private property. Such operations shall be confined to the least possible space and shall be accomplished in a neat and workmanlike manner, taking care not to unnecessarily disturb or damage adjoining property, disturbing only those trees, shrubbery, floral pieces or other landscaping planting, fences, buildings, structures or other facilities of any kind or description in the manner and as directed by the Owner. Remove all transplantable trees, shrubs and bushes that may be damaged or destroyed by construction and reset them after construction. Re-vegetation of disturbed property shall be accomplished in such manner as required to return the property to its prior condition or better.
B. To store his apparatus, materials, supplies, and equipment in such orderly fashion at the site of the Work as will not unduly interfere with the progress of his Work or the work of any other contractor.
EXHIBIT 2 990
General Provisions
01015-3
C. To provide suitable storage facilities for all materials which are liable to injury by exposure to weather, theft, breakage, or otherwise. If the Owner determines that suitable storage for certain materials is not being provided, he may direct the Contractor to remove it from the job site, or to store it properly at the job site.
D. To place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work.
E. To clean up not less than at the end of each work day, all refuse; rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the Work shall present a neat, orderly and workmanlike appearance. More frequent clean-up shall be performed as required to maintain access to all other Owner facilities still in operation.
F. To remove and dispose of off-site in accordance with all Federal, State and local regulations, all surplus material, false-work, temporary structures, including foundations thereof, plants of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition before final payment.
G. To affect all cutting, fitting or patching of his Work required to make the same to conform to the Drawings and Specifications and, except with the consent of the Owner, not to cut or otherwise alter the work of any other contractor.
H. To close work access during time when active construction work is not ongoing.
3.5 Field Check of Existing Improvements
It shall be the responsibility of the Contractor to check all dimensions, elevations, and location of existing structures, utilities, pipelines, grades or other existing items affected by or affecting the Work under this Contract, prior to the start of construction and ordering of materials and equipment affected thereby. The Contractor shall be solely responsible for determining the extent and cost of all removal and salvage operations. The Contractor shall notify the Owner if existing conditions are not as shown on drawings.
3.6 Protection of Existing Improvements
A. In the performance of the Work contemplated under this Contract, the Contractor shall take all precautions necessary, including but not limited to those described herein, to ensure that all existing improvements not specifically indicated for removal are not damaged or interfered with in any way. Should the Contractor disturb or damage such improvements without authorization, all expense for replacement or repair of the existing improvements so disturbed or damaged shall be borne by the Contractor. The Owner has diligently attempted to correctly locate and show the existing utilities, pipelines and substructures in the vicinity of the Work, but the Owner does not guarantee that there are not improvements other than those shown, nor that the locations shown are entirely correct. Failure of the Owner to show all the existing utilities, pipelines and substructures and their locations shall not be a basis for claim for extra work.
The Contractor shall be held responsible for all damage to existing utilities, pipelines and substructures whether shown or not.
B. Notify Underground Service Alert (U.S.A.), telephone 800-642-2444, at least forty-eight (48) hours prior to performing any excavation for this Work. In coordination with the appropriate authorities probe, pot-hole, or otherwise ascertain the exact location of all existing underground improvements in advance of excavation such that no damage to these improvements will occur.
EXHIBIT 2 991
General Provisions
01015-4
In the event interferences in construction are encountered with the various existing improvements, the Owner reserves the right to appropriately change the alignment and grade of the facilities. Additional materials required to accommodate such change shall be paid in accordance with unit prices as prescribed in Section 9 of the Standard Specifications.
3.7 Cooperation With Others
A. The Contractor is hereby advised that work on other contracts within or adjacent to his contract limits may already be in progress. Contracts for construction may also be subsequently awarded to others and because of relocation and construction of various utilities he may not have exclusive occupancy of the territory within or adjacent to the limits of the Contract.
B. In case of interferences between the operations of different construction contractors, the Owner will determine the work priority of each contractor and the sequence of work necessary to expedite the completion of the entire project. In all such cases, the decision of the Owner shall be accepted as final. The temporary delay of the Contractor’s work due to such circumstances shall not be considered as justification for any claims for additional compensation.
C. The Contractor shall coordinate his activities with the Owner as they relate to utility shutdowns.
The Plant must operate 24 hours per day and only the Owner’s staff will be permitted to operate valves or other utilities.
3.8 Unfavorable or Hazardous Construction Conditions
During unfavorable weather, wet ground, or other unsuitable construction conditions, the Contractor shall confine his operation to work which will not be affected adversely thereby. No portion of the Work shall be constructed under conditions which would affect adversely the quality or efficiency thereof, unless special means or precautions are taken by the Contractor to perform the Work in a proper and satisfactory manner as determined by the Owner.
3.9 Testing and Substantial and Final Completion
See Section 01660.
*** END OF SECTION ***
EXHIBIT 2 992
Measurement and Payment
01025-1
SECTION 01025 - MEASUREMENT AND PAYMENT
1.0 GENERAL
1.1. Measurement of Quantities
Measurements of the completed work shall be in accordance with, and by instruments and devices calibrated to United States Standard Measures and the units of measurement for payment, and the limits thereof, shall be made as shown on the Plans, Specifications, General Requirements, and Supplementary Conditions.
1.2 Units of Measurement
Measurements shall be in accordance with U.S. Standard Measures. A pound is an avoirdupois pound. A ton is 2,000 pounds avoirdupois. The unit of liquid measure is the U.S. gallon.
1.3 Certified Weights
When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales, or when approved by the Construction Manager, on a completely automated weighing and recording system. The Contractor shall furnish the Construction Manager with duplicate licensed weigh master’s certificates showing the actual net weights. The City will accept the certificates as evidence of the weights delivered.
1.4 Methods of Measurement
Materials and items of work which are to be paid for on the basis of measurement shall be measured in accordance with the method stipulated in the particular sections involved. In determining quantities, all measurements shall be made in a horizontal plane unless otherwise specified.
Material not used from a transporting vehicle shall be determined by the Construction Manager and deducted from the certified tag.
When material is to be measured and paid for on a volume basis and it would be impractical to determine the volume, or when requested by the Contractor in writing and approved by the Construction Manager in writing, the material will be weighed and converted to volume measurement for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Construction Manager and shall be agreed to by the Contractor before such method of measurement of pay quantities will be adopted.
Full compensation for all expense involved in conforming to the above requirements for measuring and weighing materials shall be considered as included in the unit prices paid for the materials being measured or weighed and no additional allowances will be made therefore.
Quantities of material wasted or disposed of in a manner not called for under the Contract; or rejected loads of material, including material rejected after it has been placed by reason of failure of the Contractor to conform to the provisions of the Contract; or material not unloaded from the EXHIBIT 2 993
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transporting vehicle; or material placed outside the lines indicated on the plans or given by the Construction Manager; or material remaining on hand after completion of the Contract, will not be paid for and such quantities will be deducted from the final total quantities. No compensation will be allowed for hauling rejected material.
2.0 DESCRIPTION OF BID ITEMS
2.1. General
Bid Items 1 through 11 are presented to indicate major categories of the work for purposes of comparative bid analyses, payment breakdown for monthly progress payments. Bid items are not intended to be exclusive descriptions of work categories and the Contractor shall determine and include in its pricing all materials, labor, and equipment necessary to complete each Bid Item (work phase) as shown and specified.
2.2 Duration of Prices
Quoted prices accepted by the City shall be held good and in effect until the Work is completed and accepted by the City, unless modified by Change Order.
2.3 Bid Items
Compensation for all equipment, tools, materials, labor, service, travel, and incidentals, and for doing the work and all other items required to complete the Work in conformity with the Contract Documents will be included in the payment provided in this Section unless specifically excluded.
No other compensation will be made except for the items listed in the Bid Proposal. Work for which no separate payment has been provided will be considered as a subsidiary obligation of the Contractor, and the cost therefore included in the applicable contract price for the item to which the work applies. All measurements of work done will be made by the Construction Manager. No adjustment in prices will be made where any quantities provided in the Item Description vary from actual quantities, unless the work described and shown in the Contract Documents has been modified by the City.
2.3.1 Bid Item 1 - Mobilization, Demobilization, Bonds, Permits and Insurance - Bid Item 1 includes preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for the establishment of all offices, buildings and other facilities necessary for work on the project; for the marshaling of equipment; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, including obtaining the bonds, insurance policies, and permits required by the Contract Documents for this Project.
Demobilization of all manpower, equipment, unused material, facilities and incidentals from the jobsite upon completion of construction activities; clean up and restoration to the preconstruction condition.
Payment for Bid Item 1 will be in the amount shown in the Bid Schedule and will be made on a lump sum basis at one hundred percent (100%) of the indicated amount contingent upon the Contractor furnishing, and the Construction Manager’s acceptance of, the Construction Schedule, the Contractor’s Cost Breakdown, and proof of acquisition of all required bonds, insurance, and EXHIBIT 2 994
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permits. Payment for Bid Item 1 shall be subject to retention in accordance with applicable contract requirements.
2.3.2 Bid Item 2 - Removal and disposal of the existing diaphragm - Bid Item 2 is to remove and dispose of the existing diaphragm in the Dry Seal Gas Holder and as described in the Specifications.
Payment for Bid Item 2 will be made at the lump sum fixed price given in the Bid Schedule, in accordance with the accepted Contractor’s Cost Breakdown and subject to retention in accordance with applicable contract requirements.
2.3.3 Bid Item 3 - Installation of the new diaphragm including all new carriage bolts - Bid Item 3 is to install the new diaphragm, including all new carriage bolts in the Dry Seal Gas Holder as described in the Specifications.
Payment for Bid Item 3 will be made at the lump sum fixed price given in the Bid Schedule, in accordance with the accepted Contractor’s Cost Breakdown and subject to retention in accordance with applicable contract requirements.
2.3.4 Bid Item 4 - Removal, disposal, and installation of all sheaves and cables – Bid Item 4 is to remove, dispose, furnish, and install all new sheaves and cables in the Dry Seal Gas Holder as described in the Specifications.
Payment for Bid Item 4 will be made at the lump sum fixed price given in the Bid Schedule, in accordance with the accepted Contractor’s Cost Breakdown and subject to retention in accordance with applicable contract requirements.
2.3.5 Bid Item 5 - Performance Testing - Bid Item 5 includes performing the work and the payment of all related expenses necessary for conducting a functional test in accordance with the requirements of the manufacturer to ensure Dry Seal Gas Holder operates properly as intended and as described in the Specifications.
Payment for Bid Item 5 will be made at the lump sum fixed price given in the Bid Schedule, in accordance with the accepted Contractor’s Cost Breakdown and subject to retention in accordance with applicable contract requirements.
2.3.6 Bid Item 6 - Instruction of City personnel on all work - Bid Item 6 includes performing the work and the payment of all related expenses necessary for instructing and training the City's personnel as described in the Specifications.
Payment for Bid Item 6 will be made at the lump sum fixed price given in the Bid Schedule, in accordance with the accepted Contractor’s Cost Breakdown and subject to retention in accordance with applicable contract requirements.
2.3.7 Bid Item 7 - Tank Interior Surface Preparation and Application of Coating System - Below Diaphragm Bolting Angles - Bid Item 7 includes all labor, tools, equipment, materials, supplies and incidentals required to clean and prepare the interior surfaces and application of a new coating system for the existing Dry Seal Gas Holder. Work shall include all cleaning, surface preparation and application of the coating system below the bolting angle of the tank interior as described in the technical specifications.
Payment for Bid Item 7 will be made at the lump sum fixed price given in the Bid Schedule, in accordance with the accepted Contractor’s Cost Breakdown and subject to retention in accordance with applicable contract requirements.
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2.3.8 Bid Item 8 - Tank Interior Surface Preparation and Application of Coating System – Above Diaphragm Bolting Angles - Bid Item 8 includes all labor, tools, equipment, materials, supplies and incidentals required to clean and prepare the interior surfaces and application of a new coating system for the existing Dry Seal Gas Holder. Work shall include all cleaning, surface preparation and application of the coating system above the bolting angle of the tank interior as described in the technical specifications.
Payment for Bid Item 8 will be made at the lump sum fixed price given in the Bid Schedule, in accordance with the accepted Contractor’s Cost Breakdown and subject to retention in accordance with applicable contract requirements.
2.3.9 Bid Item 9 - Tank Floor Surface Preparation and Application of Coating System - Bid Item 9 includes all labor, tools, equipment, materials, supplies and incidentals required to clean and prepare the interior surfaces and application of a new coating system for the existing Dry Seal Gas Holder. Work shall include all cleaning, surface preparation and application of the coating system for the tank floor as described in the technical specifications.
Payment for Bid Item 9 will be made at the lump sum fixed price given in the Bid Schedule, in accordance with the accepted Contractor’s Cost Breakdown and subject to retention in accordance with applicable contract requirements.
2.3.10 Bid Item 10 - Tank Interior Surface Preparation and Application of Coating System – Bottom of Piston - Bid Item 10 includes all labor, tools, equipment, materials, supplies and incidentals required to clean and prepare the interior surfaces and application of a new coating system for the existing Dry Seal Gas Holder. Work shall include all cleaning, surface preparation and application of the coating system for the bottom of the piston as described in the technical specifications.
Payment for Bid Item 10 will be made at the lump sum fixed price given in the Bid Schedule, in accordance with the accepted Contractor’s Cost Breakdown and subject to retention in accordance with applicable contract requirements.
2.3.11 Bid Item 11 - Contingency - Bid Item 11 includes all labor, equipment, materials, and incidentals needed for other work not identified and necessary for project completion as described in the Specifications.
Payment for Bid Item 11 will be made at the lump sum fixed price or on a force account basis from the lump sum price given in the Bid Schedule, and is subject to retention in accordance with applicable contract requirements.
2.3.9 Total Bid - The total amount bid includes the summation of Bid Items 1 through 11 and represents the total price bid to provide the work as shown on the drawings and as specified.
2.4 PAYMENT FOR MOBILIZATION
A. Limit amounts included under mobilization to the following items:
1. Moving on the site any equipment required for first month operations.
2. Installing temporary construction power, wiring, and lighting facilities.
3. Establishing fire protection plan and safety program.
4. Developing construction water supply.
5. Providing field office trailers for the Contractor and the Construction Manager, complete with all specified furnishings and utility services including telephones.
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6. Providing on-site sanitary facilities and potable water facilities as specified.
7. Arranging for and erection of Contractor's work and storage yard, employee parking facilities, and entrance road.
8. Submit all required insurance certificates and bonds.
9. Obtaining all required permits, licenses, and fees.
10. Developing construction schedule.
11. Submit preliminary schedule of values of the Work.
12. Provide and erect the project sign.
13. Post all OSHA, (state agency), Department of Labor, and all other required notices.
14. Limits of construction and clearing have been located and flagged.
15. Have Contractor’s project manager and/or general superintendent on job site fulltime.
16. The Construction Manager is satisfied that responsive and responsible progress on the Contract Work is under way.
B. Furnish data and documentation to substantiate the amounts claimed under mobilization.
C. Limit price for mobilization to no more than five percent (5%) of Contract Price.
D. No payment for mobilization, or any part thereof, will be recommended until all mobilization items listed above have been completed.
2.5 PAYMENT FOR START-UP AND DEMOBILIZATION
A. Total Price for start-up and demobilization shall not be less than 3 percent (3%) of Contract Price.
3.0 CONTRACTOR'S COST BREAKDOWN
Lump Sum Price Breakdown - For work to be performed for a lump sum price, the Contractor shall submit a price breakdown to the Construction Manager prior to the first payment and within ten (10) days after Notice to Proceed. The price breakdown, as agreed upon by the Contractor and the Construction Manager, shall be used for preparing future estimates for partial payments to the Contractor, and shall list the major items of work with a price fairly apportioned to each item.
If not identified as a bid item, mobilization, overhead, bond, insurance, other general costs and profit shall be prorated to each item so that the total of the prices for all items equal the lump sum price. At the discretion of the Construction Manager, mobilization, bond and insurance costs may be provided for separately if accompanied by invoices to verify actual expenses.
The price breakdown shall be generally in the same format as the Contract specifications divisions and subdivisions, with major items of work listed individually. The price breakdown shall be by structure, civil, landscaping, or other logical division of work. The price breakdown for architectural, structural, mechanical, and electrical work shall include separate items for identifiable portions of the structures. The price breakdown shall include separate allowances for any testing and startup work required. Measurable approximate quantities of work performed by the Contractor or its subcontractors shall be provided. For quantities that are the sum total of several individual quantities, backup summaries shall be provided which list the individual descriptions and quantities.
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These summaries then will be used to determine the quantities of work in place in subsequent progress payment requests.
The above is a statement of the intent of the Contract Documents to provide a moderate level of detail, acceptable to the Construction Manager, to allow a fair and reasonable estimate to be made of the value of work installed. The detail of the price breakdown must be sufficient to provide timely processing of the monthly progress payment request.
The price breakdown will be subject to the approval of the Construction Manager, and upon request, the Contractor shall substantiate the price for any or all items and provide additional level of detail, including quantities of work. The price breakdown shall be sufficiently detailed to permit its use by the Construction Manager as one of the bases for evaluating requests for payments.
The Construction Manager shall be the sole judge of the adequacy of the price breakdown. *** END OF SECTION ***
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SECTION 01035 - MODIFICATION PROCEDURES
1.0 CHANGES IN CONTRACT PRICE
Whenever corrections, alterations, or modifications of the work under this Contract are ordered by the Construction Manager and approved by the City and increase the amount of work to be done, such added work shall be known as extra work; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as work omitted.
The difference in cost of the work affected by such change will be added to or deducted from the amount of said Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined in one or more of the following ways as directed by the Construction Manager:
a. By unit prices accepted by the City and stated in the Contract Documents; b. By unit prices subsequently fixed by agreement between the parties; c. By an acceptable lump sum proposal from the Contractor; or d. By Force Account (as described in Paragraph 01035-3.0, Force Account Payment, when directed in writing and administered by the City through its agents or representatives.
When required by the Construction Manager, the Contractor shall submit, in the form prescribed by the Construction Manager, an itemized breakdown with supporting data of the quantities and prices used in computing the value of any change that may be ordered.
The Construction Manager will review the Contractor's proposal for the change and negotiate an equitable adjustment with the Contractor. After there is an agreement the Construction Manager will prepare and process the Change Order and make a recommendation for action by the City. All Change Orders must be approved by the City in writing before the work can be authorized and the Change Order executed.
The prices agreed upon and any agreed upon adjustment in Contract Time shall be incorporated in the written order issued by the City, which shall be written so as to indicate an acceptance on the part of the Contractor as evidenced by its signature. By signature of the Change Order, the Contractor acknowledges that the adjustments to cost and time contained in the Change Order are in full satisfaction and accord, payment in full, and so waives any right to claim any further cost and time impacts at any time during and after completion of the Contract for the changes encompassed by the Change Order.
2.0 NEGOTIATED CHANGE ORDERS
Under the methods described in Paragraph 01035-1.0b and 1.0c above, the Contractor shall submit substantiating documentation with an itemized breakdown of Contractor and subcontractor direct costs, including labor, material, equipment rentals, and approved services, pertaining to such ordered work in the form and detail acceptable to the Construction Manager. The direct costs shall include only the payroll cost for workers and foremen, including wages and fringe benefits as established by negotiated labor agreements or state prevailing wages. To the actual payroll cost will be added a labor surcharge which shall be the actual costs of taxes and insurance. Such labor EXHIBIT 2 999
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surcharge shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workmen, other than actual payroll cost and subsistence and travel allowances. No other fixed labor burdens will be considered, unless approved in writing by the Construction Manager.
Other direct costs include the cost of materials used and equipment delivered and installed in such work as substantiated by appropriate documents; the cost of construction machinery and equipment based on fair rental or ownership values acceptable to the Construction Manager as described in Paragraph 01035-3.0, Force Account Payment; and the cost of incidentals directly related to such work. The direct costs shall not include any payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work, labor or office costs pertaining to the Contractor's managers or superintendents, its office and office facilities, or anyone not directly employed on such work, nor the cost of small tools as all such indirect costs form a part of the Contractor's overhead expense.
Under the method described in Paragraph 01035-1.0b and 1.0c the maximum percentage which will be allowed for the Contractor's combined overhead and profit will be:
a. For work by its own organization, the Contractor may add the following percentages:
1. Direct Labor 24 percent
2. Materials 15 percent
3. Equipment (owned or rented) 15 percent
b. For all such work performed by a subcontractor, approved in accordance with the provisions in Section 00100-17.0 Subcontractors, said subcontractor may add the same percentages listed in (a.) above to its net costs, for combined overhead and profit. The Contractor may add up to five (5) percent of the subcontractor’s net cost, before above markup. Said additional five (5) percent markup shall reimburse the Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor.
For all such work performed by a sub tier-subcontractor, approved in accordance with the provisions in Section 00100-17.0 Subcontractors, said sub tier-subcontractor may add the same percentages listed in (a.) above to its net costs, for combined overhead and profit.
The subcontractor may add up to five (5) percent of the sub tier-subcontractor's net cost, before markup, for its combined overhead and profit. The Contractor may add up to five (5) percent of the net cost of the sub tier-subcontractor who performed the work, before markup. Said additional five (5) percent markup shall reimburse the subcontractor and the Contractor, respectively, for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a sub tiersubcontractor. c. To the total of the actual costs and fees allowed herein under, not more than two (2) percent shall be added for additional bond and insurance other than labor insurance. The above fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation.
When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, for each area of work, i.e. direct labor, materials, equipment, and subcontractors. The amount of credit to be EXHIBIT 2 1000
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allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method described in Paragraph 01035-3.0, Force Account Payment. The Contractor shall not claim for anticipated profits on work that may be omitted.
3.0 FORCE ACCOUNT PAYMENT
If either the amount of work or payment for a Change Order cannot be determined or agreed upon beforehand, the City may direct by written Change Order or Field Order that the work be done on a force account basis. The term "force account" shall be understood to mean that payment for the work will be done on a time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment, and other items of cost as required and used to do the work. For the work performed, payment will be made for the documented actual cost of the following:
a. Direct labor cost for workers, including foremen, who are directly assigned to the force account work: Direct labor cost is the actual payroll cost, including wages and fringe benefits as established by negotiated labor agreements or state prevailing wages. To the actual payroll cost will be added a labor surcharge which shall be the actual costs of taxes and insurance. Such labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workmen, other than actual payroll cost and subsistence and travel allowances. No other fixed labor burdens will be considered, unless approved in writing by the City. b. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor.
c. Equipment rental, including necessary transportation for items having a value in excess of One Thousand Dollars ($1,000.00).
d. Additional bond.
e. Additional insurance, other than labor insurance.
To the preceding costs, there shall be added the following fees for the Contractor, subcontractor, or sub-subcontractor actually performing the work:
1. A fixed fee not to exceed twenty-four (24) percent of the cost of Item a above, and fifteen (15) percent of the costs of Items b and c above.
2. To the total of the actual costs and fees allowed in Items a, b, and c above, not more than two (2) percent shall be added for additional bond and insurance as the cost of Items d and e above.
For all such work performed by forces other than the Contractor's organization, the Contractor shall reach agreement with such other forces as to the distribution of the payment made by the City for such work. No additional payment therefore will be made by the City by reason of the performance of the work by a subcontractor or other forces.
The added fixed fees shall be considered to be full compensation, covering the cost of general supervision, overhead, profit, and any other general expense. The above fixed fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation and record keeping.
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The City reserves the right to furnish such materials and equipment as it deems expedient and the Contractor shall have no claim for profit or added fees on the cost of such materials and equipment.
For equipment under Item c above, rental or equivalent rental cost will be allowed for only those days or hours during which the equipment is in actual use. Payment shall be based on actual rental and transportation invoices but shall not exceed the monthly rate in the Cal Trans "Labor Surcharge and Equipment Rental Rates" publication. The rental cost allowed for equipment will, in all cases, be understood to cover all fuel, supplies, repairs, ownership, and incidental costs and no further allowances will be made for those items, unless specific agreement to that effect is made. For Contractor owned equipment, costs shall be based on either actual cost accounting records or the Cal Trans "Labor Surcharge and Equipment Rental Rates" publication. Hourly rates shall be determined by dividing the monthly rate by 176 hours.
Prior to the commencement of force account work, the Contractor shall notify the Construction Manager of its intent to begin work. Labor, equipment and materials furnished on force account work shall be recorded daily by the Contractor upon report sheets approved by the Construction Manager. The reports, if found to be correct, shall be signed by both the Contractor and Construction Manager, or inspector, and a copy of which shall be furnished to the Construction Manager no later than the working day following the performance of said work. The daily report sheet shall thereafter be considered the true record of force account work provided. If the Construction Manager, or inspector, do not agree with the labor, equipment and/or materials listed on the Contractor's daily force account report, the Contractor and Construction Manager, or inspector, shall sign-off on the items on which they are in agreement. The Construction Manager shall then review the items of disagreement and will advise the Contractor, in writing, of its determination. If the Contractor disagrees with this determination, it shall have the right to file a claim notice as provided in Paragraph 00700-7.4.2.1, Notice. The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of work paid for on a force account basis and the costs of other operations.