Agenda packet — City Council and Concurrent Authorities, September 26, 2023 (part 1 of 4)

City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - Final
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
Tuesday, September 26, 2023 4:00 PM
Closed Session 4:00 PM :: Regular Session 5:30 PM

1. CLOSED SESSION CALL TO ORDER/ROLL CALL

2. ADDITIONS TO CLOSED SESSION AGENDA

3. ANNOUNCEMENT OF CLOSED SESSION

3.1 23-0751 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Two
Name of Case: Laura Dinges v. City of Stockton, et al. (San Joaquin County Superior Court Case No.

STK-CV-UPI-2019-17043)
Name of Case: Kurt Wilson v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No.

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

Department: City Attorney

3.2 23-0752 CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action: Agency Designated Representative: City Manager Harry Black Employee Organizations: Unrepresented Units, Stockton City Employees' Association, Operating Engineer's Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers' Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.

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Department: City Attorney

3.3 23-0754 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Manager
This Closed Session is authorized pursuant to Government Code section 54957.

Department: City Attorney

3.4 23-0756 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Attorney
This Closed Session is authorized pursuant to Government Code section 54957.

Department: City Attorney

3.5 23-0758 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Clerk
This Closed Session is authorized pursuant to Government Code section 54957.

Department: City Attorney

3.6 23-0760 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: One
Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code section 54956.9(d)(2).

Department: City Attorney

4. CLOSED SESSION PUBLIC COMMENT*

5. RECESS TO CLOSED SESSION

6. REGULAR SESSION CALL TO ORDER/ROLL CALL

7. INVOCATION/PLEDGE TO FLAG

8. REPORT OF ACTION TAKEN IN CLOSED SESSION

9. ADDITIONS TO REGULAR SESSION AGENDA***
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10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

10.1 PROCLAMATION: CODE ENFORCEMENT OFFICER APPRECIATION WEEK

11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

12. CONSENT AGENDA

12.1 23-0874 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meetings of August 3, 2023 and August 22, 2023.

Department: City Clerk
Attachment A – 2023-08-03 Minutes.pdf
Attachment B – 2023-08-22 Minutes .pdf
Attachments:

12.2 23-0835 APPROVE A MOTION AUTHORIZING A SERVICE AGREEMENT WITH XYLEM DEWATERING SOLUTIONS INC., DBA WACHS

WATER SERVICES FOR HYDRANT INSPECTION SERVICES
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Authorize the City Manager to execute a three-year service agreement in the amount of $363,050 with Xylem Dewatering Solutions Inc., dba Wachs Water Services to provide hydrant inspection services.

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

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

Department: Fire
Attachments: Attachment A - Hydrant Inspection Agreement

12.3 23-0822 ADOPT A RESOLUTION TO AUTHORIZE CONTRACT AMENDMENT NO. 3 WITH KEMIRA WATER SOLUTIONS, INC. TO PURCHASE

FERRIC AND FERROUS CHLORIDE FOR WASTEWATER

TREATMENT
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to authorize contract Amendment No. 3 (Exhibit 1 to the Resolution) in the amount of $2,003,771 with Kemira Water Solutions, Inc. to accept the annual price adjustments and increase funding to purchase ferric chloride and ferrous chloride for wastewater treatment.

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

Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - Contract Amendment
Attachments:

12.4 23-0814 APPROVE RESOLUTION ACCEPTING A DRIVING UNDER THE

INFLUENCE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM

GRANT AWARD FROM THE STATE OF CALIFORNIA OFFICE OF
TRAFFIC SAFETY IN THE AMOUNT OF $500,000
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a resolution to:

1. Authorize the City Manager, or designee, to accept a Driving Under the Influence Selective Traffic Enforcement Program grant award from the State of California Office of Traffic Safety in the amount of $500,000;

2. Authorize the City Manager, or designee, to execute Grant Agreement PT24202 and all related documents to carry out the purpose and intent of the grant award;

3. Amend the Fiscal Year 2023-24 Annual Budget to increase the Police Grants & Special Programs revenue and expenditure appropriation by $500,000; and

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

Department: Police
Proposed Resolution - Grant Agreement PT24202
Exhibit 1 - Grant Agreement - PT24202
Attachments:

12.5 23-0721 ADOPT A RESOLUTION TO AUTHORIZE THE PLAYGROUND

EQUIPMENT REPLACEMENT PROJECT
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

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

2. Approve the plans and specifications for the Playground Equipment Replacement, Project No. WP22026.

3. Award a Construction Contract in the amount of $139,998.57 to Miracle Construction Company, Inc., DBA Miracle Playsystems of Alamo, CA, to provide and install a playground at Brooking Park.

4. Award a Construction Contract in the amount of $246,499.00 to Yosso Group, Inc., DBA Specified Play Equipment Co. of Burlingame, CA, to provide and install a playground at Panella Park.

5. Award a Construction Contract in the amount of $139,954.62 to Ross Recreation of Santa Rosa, CA, to provide and install a playground at Weber Park.

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

Department: Public Works
Attachment A - Vicinity Map
Attachment B - Playground Renderings
Proposed Resolution
Exhibit 1 - Contract - Miracle Construction
Exhibit 2 - Contract - Yosso Group
Exhibit 3 - Contract - Ross Recreation
Attachments:

12.6 23-0730 APPROVE MOTION TO AUTHORIZE THE PACIFIC GAS AND

ELECTRIC EXTENSION AGREEMENT FOR THE MCKINLEY PARK

RENOVATION PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to approve and authorize the City Manager to execute the Gas and Electric Extension Agreement with Pacific Gas and Electric in the amount of $135,632.34, for the electrical and gas upgrades for the McKinley Park Renovation, Project No. WR21017.

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

Department: Public Works
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Attachment A - Vicinity Map
Attachment B - Gas & Electric Extension Agreement
Attachments:

13. ADMINISTRATIVE MATTERS

14. UNFINISHED BUSINESS

15. NEW BUSINESS

15.1 23-0731 COMMUNITY WELL-BEING CRISIS INTERVENTION PROJECT UPDATE
Recommended Action: RECOMMENDATION
Informational only; no action to be taken.

Department: City Manager
Attachments: PPT - 15.1 - Mobile Community Response Data

15.2 23-0853 ACCEPT THE FISCAL YEAR 2022-23 THIRD QUARTER BUDGET

STATUS UPDATE AND AUTHORIZE BUDGET AMENDMENTS
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Accept this budget status report on the financial results for the Third Quarter of Fiscal Year (FY) 2022-23.

2. Authorize two budget amendments increasing appropriations in the Workers' Compensation Internal Service Fund (ISF) and in the Storm Drain Maintenance District Fund for additional claim and repair expenses.

3. Authorize the continuation of up to $9,060,939 in FY 2022-23 budget appropriations to FY 2023-24 for the completion of identified programs.

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

Department: Administrative Services
Attachment A - FY22-23 Q3 Budget Update General Fund
Attachment B - FY22-23 Q3 Revenue Summary
Attachment C - FY22-23 Q3 Report for Other Major Funds
Proposed Resolution - FY22-23 Third Quarter Budget Update PPT - 15.2 - FY22-23 Third Quarter Budget Update
Attachments:

15.3 23-0886 DISCUSSION AND DIRECTION REGARDING THE PLACEMENT OF City of Stockton Page 6 Printed on 9/21/2023
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A CHARTER AMENDMENT FOR ARTICLES XI AND XI-A, ON THE
NOVEMBER 5, 2024, GENERAL ELECTION BALLOT
Recommended Action: RECOMMENDATION
Staff recommends that the City Council consider, discuss, and provide direction via motion on whether to draft an amendment to the Charter, granting authority over the City's Public Information Office to the City Manager, for submission to the voters on the November 5, 2024, election ballot.

If Council directs staff to draft the amendment and move forward with the process for submission to the voters, there will be two required public hearings and a final meeting at which Council will adopt a resolution to place the Charter Amendment on the 2024 election ballot.

Department: City Attorney
Attachment A - Reso 99-0545
Attachment B - Reso 00-0122
Attachment C - Charter Amendments Redlined
Attachments:

16. HEARINGS**

16.1 23-0777 ADOPT A RESOLUTIONS CERTIFYING AN ENVIRONMENTAL

IMPACT REPORT, INCLUDING A STATEMENT OF OVERRIDING

CONSIDERATIONS, FINDINGS OF FACT, A MITIGATION AND

MONITORING REPORTING PROGRAM, AND AN ERRATA TO THE

FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING A
MASTER DEVELOPMENT PLAN; ADOPT AN ORDINANCE

APPROVING A DEVELOPMENT AGREEMENT, FOR THE
PROPOSED ST. JOSEPH’S MEDICAL CENTER OF STOCKTON
HOSPITAL EXPANSION PROJECT AT 1800 NORTH CALIFORNIA
STREET (APPLICATION NO. P21-0958)
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Recommended Action: RECOMMENDATION
It is recommended that the City Council:

1. Adopt a Resolution certifying the Environmental Impact Report (SCH #2021120439), including a Statement of Overriding Considerations, Findings of Fact, Mitigation and Monitoring Reporting Program, and Errata to the Final Environmental Impact Report;

2. Adopt a Resolution approving a Master Development Plan, with Conditions of Approval;

3. Adopt an Ordinance approving a Development Agreement; and

4. Authorize the City Manager to take any and all necessary and appropriate actions to carry out the purpose and intent of these actions.

Department: Community Development
Attachment A - Location Map and Aerial Photo
Attachment B - General Plan Land Use Map
Attachment C - Zoning Map
Attachment D - SJMC DEIR
Attachment E - SJMC FEIR
Attachment F - CHB Resolutions
Attachment G - Public Comment Received
Attachment H - Community Outreach Summary
Proposed Resolution - FEIR
Exhibit 1 - SJMC FEIR
Exhibit 2- Findings, SOC, MMRP & Errata
Proposed Resolution - Master Development Plan
Exhibit 1 - MDP
Proposed Ordinance - Development Agreement
Exhibit 1 - Development Agreement
PPT - 16.1 - St Joseph's Medical Center Expansion Project Attachments:

17. CITY MANAGER'S UPDATE

18. COUNCIL COMMENTS

19. ADJOURNMENT

INFORMATIONAL ITEMS
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CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on September 21, 2023 in compliance with the Brown Act.

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

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

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

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

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

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

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

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

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

CHALLENGING CITY DECISIONS: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on City of Stockton Page 10 Printed on 9/21/2023
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which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

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11 City of Stockton
Legislation Text
File #: 23-0874, Version: 1

APPROVAL OF CITY COUNCIL MINUTES

RECOMMENDATION
Approve the minutes from the City Council meetings of August 3, 2023 and August 22, 2023.

Attachment A - 2023-08-03 Minutes
Attachment B - 2023-08-22 Minutes
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City of Stockton
Legislation Text
File #: 23-0835, Version: 1

APPROVE A MOTION AUTHORIZING A SERVICE AGREEMENT WITH XYLEM DEWATERING SOLUTIONS INC., DBA WACHS WATER SERVICES FOR HYDRANT INSPECTION SERVICES

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

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

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

Summary
The Stockton Fire Department (SFD) inspects approximately 9,000 fire hydrants annually. On January 12, 2023, the City advertised a Request for Proposal (RFP) for fire hydrant inspection services. On February 16, 2023, one proposal was received from Wachs Water Services (WWS). It is recommended that Council approve a motion authorizing the City Manager to execute a three-year agreement for hydrant inspection services in the amount of $363,050 with WWS.

DISCUSSION
Background
Fire hydrants play a vital role in fire suppression, demanding regular inspections and testing to guarantee their reliability during critical situations. The inspection and testing protocols for fire hydrants encompass thorough assessments aimed at gauging their overall condition. Visual inspections serve to detect any signs of damage, corrosion, leaks, or potential problems.

Furthermore, flow tests are carried out to assess water pressure and flow rates, ensuring compliance with the necessary standards. These evaluations offer valuable insights into maintenance needs, facilitating prompt repairs, replacements, or upgrades as necessary. National Fire Protection Association (NFPA) 291 mandates that fire hydrant flow tests occur every five years, while fire hydrant inspections must be conducted annually.

SFD inspects approximately 9,000 fire hydrants annually and reports deficiencies to the Municipal Utilities Department Hydrant Division to ensure all public hydrants are maintained and working City of Stockton Page 1 of 3 Printed on 9/20/2023
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properly. Historically, these inspections have been completed by on-duty Suppression personnel.

SFD spends an estimated 600 hours per year inspecting fire hydrants. Outsourcing hydrant inspections will allow SFD to reallocate suppression personnel to higher-level tasks such as emergency response and training.

Present Situation
On January 12, 2023, the City advertised a Request for Proposal (RFP) for fire hydrant inspection services. On February 16, 2023, one proposal was received from WWS. A selection committee evaluated the proposal based on the firm’s expertise, experience, qualifications, and cost, and determined that WWS is qualified to provide hydrant inspections services for SFD.

With over 22 years of experience, WWS is the leading provider of hydrant inspection and maintenance services in North America. They have performed preventative services, testing, reporting, diagnosing problems, painting, and field repairs on over 250,000 fire hydrants.

As the hydrant inspection provider, WWS will look for obstructions that could interfere with hydrant operation, check water flow, verify hydrant location, report inoperable hydrants that need repair or replacement, and provide to the City a hydrant assessment report for each hydrant inspected. This agreement specifically pertains to the inspection of hydrants, with all maintenance responsibilities remaining under the purview of MUD's Hydrant Division. All hydrant inspections and maintenance will continue to adhere to NFPA standards.

Outsourcing hydrant inspections will redirect approximately 600 hours of SFD’s suppression resources back to emergency response, training, community engagement, recruiting, and other core functions of the Fire Department. Staff recommends a three-year agreement for a total cost of $363,050 over the three-year term.

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

1. The Fire Department is required to inspect all public fire hydrants annually.

2. Use of the RFP process is appropriate for this agreement because it relies on the evaluation of professional qualifications and performance as the basis for selection. Use of these criteria helps ensure selection of a vendor that will provide the highest quality service which is in the public interest.

3. Xylem Dewatering Solutions Inc., dba Wachs Water Services is qualified to provide hydrant inspection services for the Stockton Fire Department.

FINANCIAL SUMMARY
Staff recommends a three-year agreement with Xylem Dewatering Solutions Inc., dba Wachs Water Services for hydrant inspection services for an amount not to exceed $363,050. Fire Department has an annual budget allocation for hydrant inspection services in Fire Prevention Special Services City of Stockton Page 2 of 3 Printed on 9/20/2023
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account 4050-000-630006-220-225-20-40-000-000- for the proposed services. 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 - Hydrant Inspection Agreement
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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.

CONTRACTOR
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date

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 –
Xylem Dewatering Solutions Inc., dba Wachs Water Services hydrant inspection services 12/31/2026
363,050
Professional Services Special Terms & Conditions

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Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline

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____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

Xylem Dewatering Solutions Inc., dba Wachs Water Services __________________________________________ Kenneth Albaugh, Vice President, Xylem Dewatering Solutions Inc ___________________________________________________ _ ., dba Wachs Water Services Printed Name and Title of Person Signing
_______________________ 8920 State Route 108 Suite D Columbia, MD 2104 ______________________________________________________________________ 6 Address
15 August 2023
ATTACHMENT A 38

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives

1.1 To provide annual fire hydrant inspection services to the City.

2. Project Scope

2.1 Contractor shall inspect all City fire hydrants and report deficiencies to ensure all fire hydrants are maintained and working properly.

2.2 Contractor shall inspect each hydrant annually.

2.3 Contractor inspections shall include hydrant location verification, checking for leaks and/or obstructions, and identifying any other deficiencies that could interfere with hydrant operation.

3. Specifications

3.1 Project Planning

3.1.1 Contractor shall schedule, at a mutually convenient time and location, a project kickoff meeting to discuss inspection logistics, contact protocols, safety measures, and any other topics pertinent to the successful completion of the project.

3.1.2 Contractor shall review the City’s standard hydrant inspection procedures and make their best effort to align Contractor inspections with current City processes.

3.1.3 Contractor shall draft a hydrant inspection plan, identifying each City hydrant and provide a timeline for inspection completion.

3.2 Hydrant Inspections

3.2.1 Contractor inspections shall include:
• Look for obstructions that could interfere with hydrant operation • Check for cracked or missing caps
• Look for leaky or broken nozzles, gaskets, and valves • Check for the correct above ground hydrant height
• Determine if the hydrant needs to be painted
• Check for main valve leaks
• Check water flow
• Verify hydrant location
• Report inoperable hydrants that need repair or replacement ATTACHMENT A 39
• Document all inspections and provide proof of inspection to City

3.3 Project Update Meetings

3.3.1 Contractor shall participate in quarterly project update meetings to provide project updates to designated City personnel.

3.3.2 Quarterly meetings may be held in virtual forum, using a City approved platform (e.g., Microsoft Teams, Zoom, etc.)

3.4 Documentation

3.4.1 Contractor shall provide to City a fire hydrant assessment report for each City hydrant that includes:
• The City Hydrant ID Number
• Location (Road / Coordinates)
• Summary of existing conditions
• Summary of inspection performed
• Summary of future maintenance required
• Operability
• Accessibility for fire services

3.4.2 Hydrant Assessment Reports shall be transmitted electronically to designated City staff within 30 calendar days of inspection.

4. Major Deliverables

4.1 Hydrant Inspection Plan

4.2 Hydrant Assessment Reports

5. Tasks That Support the Deliverables

5.1 City will provide personnel ready to assist in the event a system disruption (such as hydrant failure) occurs.

6. Internal and External Standards and Guidelines

6.1 Contractor inspections shall be in accordance with National Fire Protection Association (NFPA) standards.

6.2 Contractor shall conduct inspections between 8:00 AM and 5:00 PM, Monday through Friday, unless otherwise authorized by the City.

ATTACHMENT A 40

6.3 Contractor shall provide all labor, equipment, tools, consumable products, oils, and incidentals of every type to complete the work.

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

Contractor: Xylem Dewatering Solutions Inc, City: City of Stockton dba Wachs Water Services Attn: City Manager
Attn: Jenna Mariano 425 N. El Dorado Street
600 W. Broadway, Ste. 500 Stockton, CA 95202
San Diego, CA 92101

8. Key Personnel
Brian Hext, PMP, Senior Project Manager – Wachs Water Services

9. Option to Renew.

The term of the Agreement may be extended up to 2 years by a written amendment executed by both parties.

ATTACHMENT A ATTACHMENT A 41
Exhibit B:

Insurance Requirements
(Fire Hydrant Inspection Services)
Contractor shall procure and maintain for the duration of the contract 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 and the results of that work 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 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: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if contractor provides written verification it has no employees)
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.

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

Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or ATTACHMENT A 42
operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
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.

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

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

ATTACHMENT A 43
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. 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.

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

Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

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

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT A 45

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.

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

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

5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall ATTACHMENT A 46
become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 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 expense. Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of 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.

ATTACHMENT A 47

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 conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.

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

10. Subcontractor.

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

10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, 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.

ATTACHMENT A 48

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

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

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

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

Contractor shall be solely responsible for reimbursing subcontractors.

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

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

ATTACHMENT A 49

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

16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal 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.

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

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

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

20. Conflicts of Interest. Contractor covenants that other than this Agreement, 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 Agreement. If such an interest arises, Contractor shall immediately notify the City.

21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance ATTACHMENT A 50
by City shall operate as a waiver on the part of City of any of its rights under this Agreement.

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

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

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

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

ATTACHMENT A 51

26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.

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

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.

29. 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.

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

31. Entire Agreement, Integration, and Modification.

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

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

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

33. Authority. 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.

ATTACHMENT A 52

EXHIBIT D

PROFESSIONAL SERVICES SPECIAL 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 Professional 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 53
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

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

4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that 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 monthly, in arrears on a not to exceed ATTACHMENT A 54
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Personnel

6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.

6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.

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

ATTACHMENT A 55

8. Findings Confidential
All of 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.

9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.

10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.

Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.

11. Applicable Laws
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.

ATTACHMENT A 56

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 $363,050.00 (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. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (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 additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

ATTACHMENT A 57

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.

2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.

Task Description Unit Unit Price Quantity Total
1 Year 1 Mobilization Each $1,000 1 $1,000
2 Year 1 Fire Hydrant Inspections Per Hydrant $13 9,000 $117,000 3 Year 2 Mobilization Each $1,000 1 $1,000
4 Year 2 Fire Hydrant Inspections Per Hydrant $13 9,000 $117,000 5 Year 3 Mobilization Each $1,050 1 $1,050
6 Year 3 Fire Hydrant Inspections Per Hydrant $14 9,000 $126,000 Not To Exceed $363,050

3. Hydrant Quantity Change. At any point during the term of this Agreement, City may increase or decrease the number of fire hydrant inspections each year. In the event of an increase or decrease in the number of fire hydrant inspections being performed by Contractor, Contractor shall be entitled to payment for the number hydrants inspected according to Section 2, Unit Price, above.

4. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted electronically to [email protected].

ATTACHMENT A 58

EXHIBIT F

TIMELINE

1. Contractor and City shall agree upon an inspection timeline during the project kickoff meeting.

ATTACHMENT A 59

EXHIBIT G

SPECIAL FUNDING TERMS AND CONDITIONS
Not Applicable – Intentionally Left Blank
ATTACHMENT A 60
City of Stockton
Legislation Text
File #: 23-0822, Version: 1
ADOPT A RESOLUTION TO AUTHORIZE CONTRACT AMENDMENT NO. 3 WITH KEMIRA WATER SOLUTIONS, INC. TO PURCHASE FERRIC AND FERROUS CHLORIDE FOR

WASTEWATER TREATMENT

RECOMMENDATION
It is recommended that the City Council adopt a resolution to authorize contract Amendment No. 3 (Exhibit 1 to the Resolution) in the amount of $2,003,771 with Kemira Water Solutions, Inc. to accept the annual price adjustments and increase funding to purchase ferric chloride and ferrous chloride for wastewater treatment.

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

Summary
Ferric chloride and ferrous chloride are used in wastewater treatment at the Regional Wastewater Control Facility (RWCF) to control hydrogen sulfide gas production. Elevated hydrogen sulfide gas levels can be dangerous and are regulated under a permit with the San Joaquin Valley Air Pollution Control District.

On March 22, 2022, the City Council adopted Resolution 2022-03-22-1213, authorizing a five-year contract with Kemira Water Solutions, Inc. (Kemira) for $3,330,620 to purchase ferric chloride and ferrous chloride. Amendments No. 1 and No. 2 were approved administratively under the City Manager’s authority to accept price adjustments and revise the total contract amount to $3,455,620.

On April 19, 2023, Kemira requested a cost adjustment to decrease the unit cost for ferric chloride from $1,534.05 per dry ton to $1,491.00 per dry ton; and ferrous chloride from $1,375.35 per dry ton to $1,287.00 per dry ton, effective July 1, 2023. The RWCF Plant Modifications Project has changed the wastewater treatment process, which has increased the production of hydrogen sulfide.

Operational data estimates a 65 percent increase in chemical usage is necessary to control the production of hydrogen sulfide.

If approved by the Council, Contract Amendment No. 3 will accept the unit cost reduction, increase the total funding to account for the increased use over the remaining contract period, and revise the contract price to $5,429,391 for the contract term.

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DISCUSSION
Background
Various chemicals are used in wastewater treatment to induce changes that reduce hazardous conditions and remove specific impurities. These chemical and physical changes are necessary to meet regulatory requirements. Ferric chloride and ferrous chloride are chemicals used in the wastewater treatment process to control hydrogen sulfide gas production. Elevated hydrogen sulfide levels can be dangerous to operations staff and are regulated under a permit issued by the San Joaquin Valley Air Pollution Control District.

On March 22, 2022, the City Council adopted Resolution No. 2022-03-22-1213, authorizing a fiveyear contract with Kemira for $3,330,620 to purchase ferric chloride and ferrous chloride. The contract expires on December 31, 2026, and includes the ability to adjust pricing based on identified factors, such as cost changes for raw materials or transportation. Contract Amendment No. 1 was approved under the City Manager’s authority on October 20, 2022, to accept the unit cost adjustments, and increase compensation by $125,000. Amendment No. 1 also revised the contract total to $3,455,620, and its cost changes are summarized below:

FY 2021-2022 FY 2022-2023
Ferric chloride $1,117.12/dry ton $1,534.05/dry ton
Ferrous chloride $1,224.32/dry ton $1,375.35/dry ton
Total Contract $3,330,620.00 $3,455,620.00
The RWCF Plant Modifications Project has changed the treatment process, resulting in higher production of hydrogen sulfide production, and increased need to use ferric and ferrous chloride to control the production of hydrogen sulfide. Contract Amendment No. 2 was approved administratively on March 30, 2023, to advance $500,000 from the future year’s funding to the 2022- 2023 fiscal year to pay for the additional chemicals required. Amendment No. 2 did not impact the total contract amount.

Present Situation
On April 19, 2023, Kemira requested a cost adjustment to decrease the cost for ferrous chloride and ferric chloride, effective July 1, 2023. The contracted unit cost of ferric chloride will decrease from $1,534.05 per dry ton to $1,491.00 per dry ton and ferrous chloride from $1,375.35 per dry ton to $1,287.00 per dry ton.

The new treatment processes at the RWCF have been operational for one year and provided enough data for staff to estimate the chemical necessary to control the production of hydrogen sulfide. The new treatment processes will require approximately 65 percent more chemical application in comparison with the previous year to keep hydrogen sulfide levels below the permitted limits. The proposed contract changes are summarized below:

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FY 2022-2023 FY 2023-2024
Ferric chloride $1,534.05/dry ton $1,491.00/ dry ton
Ferrous chloride $1,375.35/ dry ton $1,287.00/ dry ton
Total Contract $3,455,620.00 $5,429,391.00
If approved by the Council, Contract Amendment No. 3 will accept the unit cost reduction, add $2,003,771 to fund the increased chemical usage, and revise the total contract amount to $5,429,391 for the remaining term.

FINANCIAL SUMMARY
There are sufficient funds for the proposed contract for the remainder of FY 2023-2024. Budgeting for future purchases will be from the same accounts in subsequent fiscal years and presented to Council for approval through the annual budget approval process.

This action has no impact on the General Fund or any other unrestricted funds.

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63 Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION TO AUTHORIZE CONTRACT AMENDMENT NO. 3 WITH KEMIRA WATER SOLUTIONS, INC. FOR THE PURCHASE OF FERRIC CHLORIDE AND

FERROUS CHLORIDE FOR WASTEWATER TREATMENT
The Regional Wastewater Control Facility (RWCF) uses various chemicals as part of the wastewater treatment process to reduce hazardous conditions and remove specific impurities; and
Ferric chloride and ferrous chloride are used to control hydrogen sulfide production. Elevated hydrogen sulfide levels can be dangerous and are regulated under a permit with the San Joaquin Valley Air Pollution Control District; and On March 22, 2022, the City Council approved Resolution No. 2022-03-22-1213 to authorize a five-year contract with Kemira Water Solutions, Inc. (Kemira) in the amount of $3,330,620 for the purchase of ferric chloride and ferrous chloride; and Amendments No. 1 and No. 2 were approved under the City Manager’s authority to accept annual price adjustments, increase the total compensation by $125,000, and revised the contract amount for the five-year term to $3,455,620; and On April 19, 2023, Kemira requested a cost adjustment to decrease the cost for ferrous chloride and ferric chloride. The contracted unit cost of ferric chloride was reduced from $1,534.05 to $1,491.00 per dry ton, and ferrous chloride from $1,375.35 to $1,287.00 per dry ton; effective July 1, 2023; and
Changes in the wastewater treatment process have resulted in higher production of hydrogen sulfide production that requires an estimated 65 percent increase in chemical application to keep hydrogen sulfide levels below the permitted limits; now, therefore,

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

1. The City Council authorizes the City Manager to execute Amendment No. 3 (Exhibit 1 to the Resolution) in the amount of $2,003,771 with Kemira Water Solutions, Inc. to accept the annual price adjustment, and increase the funding for the purchase of additional ferric chloride and ferrous chloride for wastewater treatment.

2. By this action, the total contract amount will increase to $5,429,391. //
//
//
//
64 3. The City Manager, or designee, is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED September 26, 2023 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
65 EXHIBIT 1
66 City of Stockton
Legislation Text
File #: 23-0814, Version: 1

APPROVE RESOLUTION ACCEPTING A DRIVING UNDER THE INFLUENCE SELECTIVE

TRAFFIC ENFORCEMENT PROGRAM GRANT AWARD FROM THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY IN THE AMOUNT OF $500,000

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

2. Authorize the City Manager, or designee, to execute Grant Agreement PT24202 and all related documents to carry out the purpose and intent of the grant award;

3. Amend the Fiscal Year 2023-24 Annual Budget to increase the Police Grants & Special Programs revenue and expenditure appropriation by $500,000; and

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

Summary
The Stockton Police Department (SPD) seeks Council approval to accept grant funding from the Office of Traffic Safety (OTS) for a Driving Under the Influence (DUI) Selective Traffic Enforcement Program (STEP) grant award, for the period of October 1, 2023, through September 30, 2024. The STEP grant provides funding for SPD overtime, training, equipment, supplies, and related expenses to support reducing alcohol-involved accidents resulting in fatalities and injuries and raising general public awareness regarding the problems associated with drinking and driving. Funding for this program is provided by a grant from the OTS through the National Highway Traffic Safety Administration.

DISCUSSION
Background
The SPD has received OTS grant program funding for multiple consecutive years and most recently received a $500,000 OTS grant in Fiscal Year (FY) 2022-23 through the STEP grant for DUI-related missions. In January 2023, the SPD submitted a Memorandum Proposal to the OTS requesting consideration to continue participation in the DUI STEP Grant program. The SPD’s proposal included “best practice” strategies to be conducted on an overtime basis to help reduce the number of City of Stockton Page 1 of 2 Printed on 9/20/2023
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67 File #: 23-0814, Version: 1
individuals killed or injured in alcohol-involved crashes. Those “best practices” include, but are not limited to, DUI checkpoints, DUI saturation patrols, traffic enforcement, distracted driving operations, warrant service operations, and pedestrian and bicycle enforcement.

Under the DUI STEP grant, these missions would be conducted by the SPD during the Winter Holiday Mobilization period, which is December through January; Memorial Day weekend; Independence Day weekend/period; during the Summer Mobilization period, which is mid-August through the Labor Day Holiday; as well as any special dates, county fairs, festivals, and other community events, as gathering restrictions permit.

Present Situation
In August 2023, the SPD received notification from OTS indicating the proposal was accepted for funding in FY 2023-24 in the amount of $500,000. Grant funds will be used to pay for overtime staffing costs for the DUI enforcement activities, printed materials, and miscellaneous checkpoint supplies. Therefore, staff recommends approval of Grant Agreement PT24202 in the amount of $500,000 (Exhibit 1 to the Proposed Resolution).

FINANCIAL SUMMARY
The SPD’s Traffic Section will be responsible for coordinating operations of the grant program. The grant program does not require matching funds. Revenue and expenditures will require an increase in appropriation to the FY 2023-24 Police Special Grants Fund Budget:
· Revenue appropriation of $500,000 to the 2024 OTS/DUI STEP Grant in the Police’s Special Grants Fund - Reimbursement, Traffic Division.
· Expenditure appropriation of $500,000 to the 2024 OTS/DUI STEP Grant in the Police’s Special Grants Fund - Reimbursement, Traffic Division.

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68 Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION ACCEPTING GRANT FUNDING, IN THE AMOUNT OF $500,000, FROM

THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR A DUI SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT FOR THE PERIOD OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2024, AND AMENDING THE FISCAL YEAR 2023-24

ANNUAL BUDGET
In January 2023, the Stockton Police Department submitted a Memorandum Proposal to the State of California Office of Traffic Safety requesting consideration to participate in the Driving Under the Influence (DUI) Selective Traffic Enforcement Program Grant (STEP); and
The Program is administered by the Office of Traffic Safety and funding is provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration; and
The Stockton Police Department’s proposal included “best practice” strategies to be conducted on an overtime basis to help reduce the number of individuals killed or injured in alcohol-involved crashes; and
Under the DUI STEP Grant, missions would be conducted by the Stockton Police Department during the Winter Holiday Mobilization period, which is December through January, Memorial Day Weekend, Independence Day Weekend/Period, Summer Mobilization period which is mid-August through the Labor Day Holiday, and any special dates, County fairs, festivals, and other community events, as gathering restrictions permit; and
In August 2023, the Stockton Police Department received notification from the State of California Office of Traffic Safety indicating that its proposal was accepted for funding in the amount of $500,000; and
A Grant Agreement (PT24202), attached as Exhibit 1, details how grant funds will be used to pay for DUI enforcement overtime, training, and miscellaneous materials and supplies; now, therefore,

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

1. The City Manager, or designee, is authorized to accept the grant award in the amount of $500,000 for the period October 1, 2023, through September 30, 2024, 69 and make all necessary appropriations in compliance with and for the purposes stated in the grant application.

2. The City Manager, or designee, is authorized to execute Grant Agreement PT24202 and all related documents to carry out the purpose and intent of the grant award.

3. The Fiscal Year 2023-24 Annual Budget is amended to appropriate $500,000 in revenues and expenditures for the Police Grants and Special Programs accounts as needed to carry out the purpose and intent of this Resolution.

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

PASSED, APPROVED, and ADOPTED September 26, 2023 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
70 8/28/2023 12:00:31 PM Page 1 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT24202

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Stockton From:

To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
Stockton Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $500,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Wesley Grinder
Sergeant
[email protected]
(209) 937-5127
22 E. Market Street
Stockton, CA 95202
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Harry Black
City Manager
[email protected]
(209) 937-8212
22 E. Market Street
Stockton, CA 95202
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Jeanetta McDonald
Police Services Administrator
[email protected]
(209) 937-8517
22 E. Market Street
Stockton, CA 95202
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
EXHIBIT 1 71
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
164AL-24.1 20.608 0521-0890-101 2022 43/22 BA/22 $102,000.00 402PT-24.1 20.600 0521-0890-101 2022 43/22 BA/22 $68,000.00 164AL-24 20.608 0521-0890-101 2023 12/23 BA/23 $198,000.00 402PT-24 20.600 0521-0890-101 2023 12/23 BA/23 $132,000.00

AGREEMENT
TOTAL $500,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$500,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $500,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

PA7CNMQGK1Y5
22 East Market Street
Stockton
95202-1203
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT24202

1. PROBLEM STATEMENT
The City of Stockton (City) saw a decrease in traffic fatality numbers from 2021 to 2022, from 32 to 25.

There was also a 10% increase in injury traffic crashes (1,274 to 1,401), accompanied by an increase amount of 8.42% injury-hit and run crashes (285 to 309). There was a 12.8% increase in nighttime injury crashes (149 to 167), a 5.56% increase in motorcycle injuries (54 to 57). Stockton experienced a 7.09% decrease in alcohol Involved injuries (127 to 118 ), pedestrian fatalities increased 14.29% (7 to 8), and 19.51 increase in pedestrian injury crashes(123 to 147).

Historically, the San Joaquin Valley has been well-known for its agricultural industry. Stockton is located in the heart of the San Joaquin Valley. A large number of agricultural industry employees migrate from other areas to provide for their families. The language and cultural barriers can hinder the understanding of the California Vehicle Code and traffic laws. Many workers in the San Joaquin Valley are found driving without a valid license and required insurance. A significant percentage of crashes and DUI arrests made by the Stockton Police Department (SPD) involve unlicensed drivers.

Stockton is the home to the University of Pacific, where approximately 7,000 students, and San Joaquin Delta College, where about 23,500 students enroll each year. With the additional 30,500 students occupying the City streets, there is an increase in pedestrian and bicycle traffic, as well as vehicular traffic. The students are generally in their late teenage years or early twenties, and some participate in college parties and events at the local bars where alcohol is involved. These students often leave these events intoxicated, either by vehicle or on foot, which causes a danger to themselves and the public.

Stockton has several event venues, such as the Stockton Arena, Weber Point Events Center, Banner Island Baseball Park, the Bob Hope Theater, and the San Joaquin County Fairgrounds, all of which bring in large crowds of event attendees. The events range from concerts to festivals, fairs, shows, parades, and sporting events. These events get a significant amount of vehicle and pedestrian traffic, which are responsible for a large number of traffic violations and hazards. A majority of these events have alcohol sales, resulting in event attendees driving under the influence of alcohol after the events.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be 1 EXHIBIT 1 73
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emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.

2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 15 5. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2

6. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
6 7. Conduct DUI Saturation Patrol operation(s). 41

8. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court.
11 9. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
40 10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
3 11. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 3 12. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 13. Conduct Know Your Limit campaigns with an effort to reach members of the community.
3 14. Participate in highly visible collaborative Traffic Enforcement operations. 2

3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.

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 Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid EXHIBIT 1 75
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media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT24202

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-24 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$300,000.00
402PT-24 20.600 State and Community Highway
Safety
$200,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-24 $7,900.00 6 $47,400.00
DUI Saturation Patrols 164AL-24 $3,900.00 41 $159,900.00 Warrant Service Operations 164AL-24 $3,900.00 11 $42,900.00 Know Your Limit 164AL-24 $3,900.00 3 $11,700.00
Benefits- 164OT @ 13.41% 164AL-24 $261,900.00 1 $35,121.00 Traffic Enforcement 402PT-24 $3,500.00 40 $140,000.00
Distracted Driving 402PT-24 $3,300.00 3 $9,900.00
Motorcycle Safety 402PT-24 $3,300.00 3 $9,900.00
Collaborative Traffic Enforcement 402PT-24 $3,300.00 2 $6,600.00 Benefits- 402OT @ 13.41% 402PT-24 $166,400.00 1 $22,314.00 Category Sub-Total $485,735.00
B. TRAVEL EXPENSES
In State Travel 402PT-24 $3,786.00 1 $3,786.00
$0.00
Category Sub-Total $3,786.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
Lidar Device 402PT-24 $2,500.00 3 $7,500.00
DUI Checkpoint Supplies 164AL-24 $2,979.00 1 $2,979.00
Category Sub-Total $10,479.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $500,000.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT24202

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Warrant Service Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Benefits- 164OT @ 13.41% - Unemployment = .2%
Workers Comp = 11.76%
Medicare = 1.45%
Total = 13.41
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Benefits- 402OT @ 13.41% - Unemployment = .2%
Workers Comp = 11.76%
Medicare = 1.45%
Total = 13.41

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the California Traffic Safety Summit and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
Lidar Device - Light detection and ranging device used to measure the speed of motor vehicles. This device will be used for speed enforcement. Costs may include lidar devices, batteries, tax, and shipping.

DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

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Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT24202
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure 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 otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; EXHIBIT 1 82
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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or EXHIBIT 1 83
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or EXHIBIT 1 84
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

EXHIBIT 1 85
8/28/2023 12:00:31 PM Page 16 of 16

DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

EXHIBIT 1 86
City of Stockton
Legislation Text
File #: 23-0721, Version: 1

ADOPT A RESOLUTION TO AUTHORIZE THE PLAYGROUND EQUIPMENT REPLACEMENT

PROJECT

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

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

2. Approve the plans and specifications for the Playground Equipment Replacement, Project No.

WP22026.

3. Award a Construction Contract in the amount of $139,998.57 to Miracle Construction Company, Inc., DBA Miracle Playsystems of Alamo, CA, to provide and install a playground at Brooking Park.

4. Award a Construction Contract in the amount of $246,499.00 to Yosso Group, Inc., DBA Specified Play Equipment Co. of Burlingame, CA, to provide and install a playground at Panella Park.

5. Award a Construction Contract in the amount of $139,954.62 to Ross Recreation of Santa Rosa, CA, to provide and install a playground at Weber Park.

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
On November 16, 2021, by Resolution No. 2021-11-16-1501, Council allocated funding for Councilprioritized projects, including $1 million to replace playgrounds at Brooking, Panella, Sandman, and Weber Parks. The Public Works Department has already removed the playgrounds at Panella, Sandman, and Weber Parks due to safety concerns and inability to source replacement components.

The equipment at Brooking Park has reached the end of its service life and needs to be replaced.

A Request for Proposals (RFP) was issued on March 1, 2023, for Playground Equipment Replacement, Project No. WP22026. Five companies responded to the RFP, and proposals were reviewed and scored by Public Works and Community Services Department staff.

Staff recommends that Council approve Construction Contracts with three separate vendors for three of the playgrounds (Attachment A - Vicinity Map):

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· Brooking Park - Miracle Construction Company, Inc., DBA Miracle Playsystems in the amount of $139,998.57.
· Panella Park - Yosso Group, Inc., DBA Specified Play Equipment Co. in the amount of $246,499.00.
· Weber Park - Ross Recreation in the amount of $139,954.62.

The review committee chose a design from Specified Play for the all-abilities playground at Sandman Park, which will be submitted for award following community outreach input for the final design.

DISCUSSION
Background
The Public Works Department provides and maintains playground equipment at 59 park and open space locations. Staff inspects playground equipment on a regular basis and arranges for repair and replacement of deteriorated or vandalized components.

Playgrounds at Panella, Sandman, and Weber Parks were removed after a 2020 playground assessment found them unsafe. The playground equipment at Brooking Park is over 30 years old and has reached the end of its useful life. Replacement parts are no longer available, and complete replacement is required.

On November 16, 2021, by Resolution No. 2021-11-16-1501, Council allocated funding for Councilprioritized projects, including $1 million to replace playgrounds at Brooking, Panella, Sandman, and Weber Parks.

Present Situation
On March 1, 2023, the City issued an RFP for playground design and installation at four parks. On March 22, 2023, proposals were received from the following companies:
· Dave Bang & Associates (Sacramento, CA)
· Miracle Construction Co., Inc., DBA Miracle Playsystems (Alamo, CA) · Park Planet (Redding, CA)
· Ross Recreation (Santa Rosa, CA)
· Yosso Group, Inc., DBA Specified Play Equipment Co. (Burlingame, CA) Proposals were reviewed for each playground’s overall play value, safety and accessibility, site compatibility, design functionality, quality of proposals, and timelines. Miracle Construction Company, Inc., DBA Miracle Playsystems, was selected to provide the playground for Brooking Park ($139,998.57). Yosso Group, Inc., DBA Specified Play Equipment Co., was selected for their proposal for Panella Park ($246,499.00). Ross Recreation was selected for its Weber Park proposal ($139,954.62). The review committee chose a design from Specified Play for the all-abilities City of Stockton Page 2 of 4 Printed on 9/20/2023
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88 File #: 23-0721, Version: 1
playground for Sandman Park, which will be submitted for award following community outreach input for the final design. A public outreach meeting was held at the Seifert Center on August 7, 2023, for this site.

Staff recommends the purchase and installation of the replacement playgrounds at Brooking, Panella, and Weber Parks through three separate qualified vendors (Attachment B).

Once contracts are approved, the City expects all playgrounds to be installed by spring 2024. Each contractor will provide a turn-key project, coordinating the demolition, delivery, and installation of playground equipment.

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

1. The City does not have staffing available to perform the design and installation of playgrounds.

2. Use of the RFP process is appropriate for these Construction Contracts because it relies on the evaluation of professional qualifications and performance as the basis for the selection of a vendor. The use of the criteria helps ensure the selection of a vendor that will provide the highest quality turn-key service for the design, furnish of materials and installation of playground equipment, which is in the public interest.

3. The City negotiated contracts following the solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

FINANCIAL SUMMARY
There is sufficient funding available in Project No. WP22026, Playground Equipment Replacement to award Design and Installation Contracts to:

COMPANY NAME PARK CONTRACT AMOUNT
Miracle Construction Co., Inc., Brooking Park $139,998.57 DBA Miracle Playsystems
(Alamo, CA)
Yosso Group, Inc., DBA Panella Park $246,499.00
Specified Play Equipment Co.
(Burlingame, CA)
Ross Recreation Weber Park $139,954.62
(Santa Rosa, CA)
Total $526,452.19
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There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.

Attachment A - Vicinity Map
Attachment B - Playground Renderings
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90 VICINITY MA3
PLAYGROUND (48,30(175(3/$&(0(17352-(&712:3
Brooking Park
Panella Park
Weber Park

ATTACHMENT A
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ATTACHMENT B

BROOKING PARK
ATTACHMENT B 92

ATTACHMENT B

PANELLA PARK
ATTACHMENT B 93

ATTACHMENT B

WEBER PARK
ATTACHMENT B 94
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING FINDINGS AND THE PLANS AND SPECIFICATIONS,

AND AWARDING THREE CONSTRUCTION CONTRACTS FOR THE PLAYGROUND EQUIPMENT REPLACEMENT, PROJECT NO. WP22026
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process; and On March 1, 2023, the City advertised a Request for Proposals (RFP) for the Playground Equipment Replacement, Project No. WP22026; and The project will remove a playground at Brooking Park and will add new playground equipment at Brooking, Panella, and Weber Parks; and Five companies responded to the RFP, and each was reviewed and scored by Public Works and Community Services Department staff; and Miracle Construction Co., Inc., DBA Miracle Playsystems, was chosen to provide and install a playground at Brooking Park for a total of $139,998.57; and Yosso Group, Inc., DBA Specified Play Equipment Co., was chosen to provide and install a playground at Panella Park for a total of $246,499.00; and Ross Recreation was chosen to provide and install a playground at Weber Park for a total of $139,954.62; now, therefore,

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

1. The City Council approves findings pursuant to SMC section 3.68.070 in support of an exception to the competitive bidding process. These findings include:
a. The City does not have staffing available to perform the design and installation of playgrounds.
b. Use of the RFP process is appropriate for these Construction Contracts because it relies on the evaluation of professional qualifications and performance as the basis for the selection of a vendor. The use of the criteria helps ensure the selection of a vendor that will provide the highest quality turn-key service for the design, furnish of materials and installation of playground equipment, which is in the public interest. 95 c. The City negotiated contracts following the solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

2. The City Council approves the plans and specifications for the Playground Equipment Replacement, Project No. WP22026.

3. The City Council awards a Construction Contract between the City of Stockton and Miracle Construction Co., Inc., DBA Miracle Playsystems, in the amount of $139,998.57, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.

4. The City Council awards a Construction Contract between the City of Stockton and Yosso Group, Inc., DBA Specified Play Equipment Co., in the amount of $246,499.00, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

5. The City Council awards a Construction Contract between the City of Stockton and Ross Recreation in the amount of $139,954.62, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 3 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED September 26, 2023 .
____________________________
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
___________________________
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
96 CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between MIRACLE CONSTRUCTION COMPANY INC., DBA MIRACLE PLAYSYSTEMS a STATE OF CALIFORNIA CORPORATION, with a business address at P.O. BOX 263 ALAMO, CA 94507, 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 PLAYGROUNDS EQUIPMENT REPLACEMENT (PROJECT NO. WP22026), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

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

CONTRACTOR agrees:

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

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $139,998.57 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.

EXHIBIT 1
Miracle Construction Co., Inc.

Page 1 of 40 ends

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 City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or selfinsurance 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.

Page 2 of 40 ends

and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California, Contractor shall indemnify, protect, defend with counsel approved by City and at Contractor’s sole cost and expense, and hold harmless the City of Stockton, its officers, officials, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, State, or municipal law or ordinance, or City Policy, by Contractor or Contractor’s officers, agents, employees, volunteers or subcontractors. Contractor shall not be obligated to indemnify or defend City for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the City. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of Contractor to City, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by Contractor under the law.

The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

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

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

Page 3 of 40 ends

parties that this reimbursement provision assures Contractor is not obligated to defend or indemnify City in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

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

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

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

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

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

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

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

EXHIBIT 1
Miracle Construction Co., Inc.

Page 4 of 40 ends

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 0 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the 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 ZERO AND NO/100 DOLLARS ($0.00) 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 Public Works, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the 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 Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.

Local Construction Contract - Miracle Construction Company Inc., Dba Miracle Playsystems –PROJECT NO. WP22026 (Updated 04/24/23)
EXHIBIT 1
Miracle Construction Co., Inc.

Page 5 of 40 ends

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.

Page 6 of 40 ends

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.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. 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 Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.

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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
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. 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 Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.

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.

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

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

Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, 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.
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12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.

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

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

ATTEST:

ELIZA R. GARZA

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

LORI M. ASUNCION

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

DEPUTY CITY ATTORNEY
CITY:

By: ___________ _

HARRY BLACK

CITY MANAGER
By:...:;;;..--tp.,,;-++--�-+-,,,,..a..::;...:.=-;;;....;_.___ COMPANY INC., OBA MIRACLE

PLA YSYSTEMS
Tax Identification No.

Local Construction Contract- Miracle Construction Company Inc., Oba Miracle Playsystems -PROJECT NO. WP22026 (Updated 04/24/23)
.,
I
.

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Job Number: 23-2116
Job: Brooking Park
Quote Name: Quote-23-2116-Brooking Park_001_RFP
Quote Number: Q-05162
Prepared by:

ShanaFriesen
[email protected]
Terms: Net 30
Remit to: Miracle Playsystems, Inc.
1276 S Main St., Salinas, CA 93901
Sub Total: $126,957.19
Freight: $6,268.00
Estimated Tax: $6,773.38
Total: $139,998.57
Miracle
Product Code Description Qty Rate Total Estimated Tax ( if applicable)
MREC EQUIP Miracle Play Equipment Per
Plan_23_2116_Brooking
Park_001_BOM
1 $62,672.00 $62,672.00 $5,640.48
MREC EQUIP 23_2116_Brooking
Park_001_BOM_Site Amenities
1 $1,044.00 $1,044.00 $93.96
Installation Services This Quote Includes Prevailing Wages Product Code Description Qty Rate Total Estimated Tax ( if applicable)
A5 Equipment Storage with Delivery &
Offload to Site Once Ready for
Installation
1 $2,574.00 $2,574.00 $231.67
A1 Provide Temporary Fencing (To
Remain on Site Until Playground Has
Been CPSI Certified)
1 $1,859.00 $1,859.00 $167.32
B03 Remove and Dispose of existing EWF
(apx. 4” Deep over a spread of 2505
SF)
1 $2,145.00 $2,145.00 $0.00
B09 Demo and Disposal of Existing
Equipment
1 $3,575.00 $3,575.00 $0.00
B14 Install New Concrete ADA Ramp into
the Play box
1 $4,576.00 $4,576.00 $411.84
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B15 Installation of MREC Play Equipment
and Benches per Plan Ver.001
1 $37,253.00 $37,253.00 $0.00
C17 Installation of EWF Material 12” Deep
Over a Spread 2505 SF.
1 $2,145.00 $2,145.00 $0.00
B20 Offhaul and Disposal Fees 1 $1,430.00 $1,430.00 $0.00 Wood Fiber Surfacing
Product Code Description Qty Rate Total Estimated Tax ( if applicable)
C14 ReadyPlay - Engineered Wood Fiber
124 CY
Wood Fiber Material Delivered To Be
Spread By Others
124 $20.44 $2,534.56 $228.11
CPSI Inspection
Product Code Description Qty Rate Total Estimated Tax ( if applicable)
B22 CPSI Inspection (per structure), Does
Not Include Drop Test
1 $1,072.00 $1,072.00 $0.00
Performance Bond
Product Code Description Qty Rate Total Estimated Tax ( if applicable)
BONDING Bonding Fees 1 $4,077.63 $4,077.63 $0.00
Sub Total: $126,957.19
Total Freight: $6,268.00
Total Estimated Tax: $6,773.38
Grand Total: $139,998.57
Company: ________________________________________
Signature: ________________________________________
Name: ___________________________________________
Date: ____________________________________________
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Please confirm or edit order information below.

End User Company:

City of Stockton
End User Contact:

End User Email:

Delivery Contact:

Delivery Email:

Delivery Phone:

Delivery Address:

Site Address:
4500 Nugget Ave.

Stockton
Bill To Email:

Bill To:

City of Stockton,
425 N. El Dorado St.,
Stockton, CA,
95202
Customer Reference #:

INDEMNITY
Client/Owner shall defend, indemnify and hold harmless Miracle Playsystems, Inc., its officers, directors, board of trustees, agents, or employees and each of them, from any and all claims, demands, causes of action in law or in equity, damages, penalties, costs, expenses, reasonable attorneys’ fees, reasonable experts’ fees, reasonable consultants’ fees, judgments, losses or liabilities, of every kind and nature whatsoever arising out of or in any way connected with or incidental to, the performance of the services under this Agreement or any of the obligations contained in this Agreement (“Claims”). Without limitation, “damages” include personal injury, including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons, including, but not limited to, any employees or agents of Miracle Playsystems, Inc., or any other person; or other damages of any kind to anyone including, without limitation, economic loss, property damage and loss of use thereof. It is expressly acknowledged and agreed that each of the foregoing indemnities is independent, that each shall be given effect, and that each shall apply despite any acts or omissions, misconduct or negligent conduct, whether active or passive, on the part of, or other contractor(s); provided, however, Miracle Playsystems, Inc. duty to indemnify shall be limited to the percentage or the degree Miracle Playsystems, Inc. comparative negligence caused any damages.

STANDARD NOTES
• Price quotation is good for 30 days. Accurate color selections must be made in writing prior to equipment going into production. Colors to be confirmed with your local sales representative.
• PLEASE MAKE PURCHASE ORDER TO MIRACLE PLAYSYSTEMS, INC at PO Box 263 Alamo, CA 94507 • PLEASE REMIT CHECKS TO: MIRACLE PLAYSYSTEMS INC., 1276 S MAIN ST, SALINAS, CA 93901 • Please email/fax quotation with your signature to accept this quote and place order. Fax 510-893-2163 or email [email protected] • Unless otherwise specified, Miracle Playsystems, Inc DOES NOT include the following in this proposal:
• Engineered drawings
• Installation of equipment or other site amenities
• Specialty trades, equipment, power supply required to install equipment • Any insurance requiring in excess of $1M/$2M per occurrence, special insurance coverage or wording, Prevailing/Certified wage rates, local permitting, bid/performance bonds, temp fencing, geo tech surveys, playground safety inspection, equipment offload, and testing services. • Inspect equipment upon delivery. Color discrepancy must be reported at time of delivery. Installation constitutes acceptance of colors. • Warranty does not cover labor for reinstallation.

TERMS & CONDITIONS
• Purchase contract terms & conditions of sale: The client/customer’s acceptance and understanding of these terms & conditions and all other supporting documentation provided as part of this package is evidenced by signing of this estimate/quote.

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• Payment terms: Standard terms (on approved credit), unless otherwise noted are 50% with order and balance to ship equipment (no retention). Should any changes be required to the products after order is placed, modifications or changes will be at client/customers expense. Miracle Playsystems, Inc maintains a no return policy and asks all clients to determine feature, layout and color selection prior to ordering. Should any order be cancelled after production has started a 30% restocking fee will be charged to client. Credit card convenience fee is 3.5% which will be added to all credit card charges • Lead times: Estimated lead times for the time the order is released into production until it is delivered will vary. • Lead times may currently be extended due to reasons such as supply chain issues, shipping delays, raw material shortages, and other COVID-19 related impacts. • Custom play feature lead times are determined on a case by case basis.

CONSTRUCTION SERVICES (if applicable)
Unless otherwise noted, we exclude responsibility for material delivery & offloading equipment, removal & disposal of packaging accumulated by equipment packaging, project security, landscape & hardscape repair based on access route to site, delays or returns due to layout conflicts or delay of other trades, removal of spoils from job site, locating underground: utilities, pipes, obstructions in work area, conditions unforeseen and/or not disclosed at time of estimate, permits, engineering, material testing, soil samples, CPSI. Conditions: Grades; stable, compacted & workable with 95% compaction and less than 1% grade, adequate access to site for labor, materials, tools and equipment. Estimate good for 90 days from quote or Dec. 31 of current calendar year, whichever comes first. Terms: Upon completion.

GENERAL TERMS
• THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN: Miracle Playsystems, Inc. objects to any other terms proposed by client, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Client authorizes Miracle Playsystems, Inc. to ship equipment and agrees to pay the total specified. Shipping terms are FOB the place of shipment via common carrier. • Client and owner/operator agree to indemnify and hold Miracle Playsystems, Inc. harmless from and against all liabilities, losses, penalties, damages and expenses, including costs and attorney fees, resulting from any and all claims, liens, damages, actions, suits, judgments or settlements, injuries arising or alleged to arise out of their failure, or failure of architect, contractors, subcontractors, installers, employees, agents and assigns to assemble, install, inspect and/or maintain the play equipment and impact absorbing surfacing in full compliance with each manufacturers installation instructions and safety requirements and their misuse and/or alteration of the play equipment.

Company: ______________________________________
Signature: ______________________________________
Name: ______________________________________
Date: ______________________________________
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Exhibit B:

Insurance Requirements
(Design and Installation of Four Playgrounds Project WP22026) Consultant shall procure and maintain for the duration of the contract 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 Consultant, its agents, representatives, or employees.

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

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)

4. Professional Liability/Errors and Omissions Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If the Consultant 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.

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

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

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

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endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

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. 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.

Claims Made Policies (Professional & Pollution Liability only) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the 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 the contract of work.

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

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Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.

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.

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

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

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
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Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.

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

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

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

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BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, MIRACLE CONSTRUCTION COMPANY INC., DBA MIRACLE PLAYSYSTEMS, a STATE OF CALIFORNIA CORPORATION, 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 ONE HUNDRED THIRTY-NINE THOUSAND NINE HUNDRED NINETYEIGHT AND 57/100 DOLLARS ($1,39,998.57), 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:

PLAYGROUND EQUIPMENT REPLACEMENT
(PROJECT NO. WP22026)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

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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 ---------------- August21,2023
APPROVED AS TO SURETY:

APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By: _________ _

DEPUTY CITY ATTORNEY
Miracle Playsystems, Inc.

The Gray Casualty & Surety Company
SURETY
By:--�� ---�--- � ATTORNEY-IN-FACT
Jocelyn Y. Quirt, Attorney-in-Fact
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
county of Calaveras
On August 21, 2023 before me, Sarah Pflug, Notar y Pu
b
l
i -----------
c
(insert name and title of the officer)
personally appeared _J_o
_
ce
_
l
_y_n_Y_._Q_u_irt ___________________ _ who proved to me on the basis of satisfactory evidence to be the personfsr whose name� is/..e subscribed to the within instrument and acknowledged to me that-Ae/she/t� executed the same in M/her/t�r authorized capacity(ies), and that by Ais/her/t�r signature�on the instrument the person�. or the entity upon behalf of which the person(,s') acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature 221 �IA.ft (Seal)
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Blueprint Bonding Insurance Services
08/21/2023 12:09 l 126224037651

THE GRAY INSURANCE COMPANY

THE GRAY CASUALTY & SURETY COMPANY

GENERAL POWER OF ATTORNEY
Bond Number: GSB6400102 Principal: Miracle Playsystems, Inc.

Project: City of Stockton - Playground Equipment Replacement (Project No. WP22026) - Brooking Park KNOW ALL BY TIIBSE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Jocelyn Y. Quirt of Valley Springs, California on behalf of each of the Companies named above its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of surety ship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $25,000,000,00.

This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26th day of June, 2003.
"RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached.

IN WI1NESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 4 th day ofNovember, 2022.
�� .. t�
C, -·- �
State of Louisiana
ss:

Parish of Jefferson
Michael T. Gray
President
The Gray Insurance Company
Cullen S. Piske
President
The Gray Casualty & Surety Company
� SEAL�
On this 4
th day ofNovember, 2022, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the sea]s of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies,
Q
Leigh Anne Henican
Notary Public
Notary ID No. 92653
Orleans Parish, Louisiana
Leigh Anne Henican
Notary Public, Parish of Orleans State of Louisiana
My Commission is for Life
I, Mark S. Manguno, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and conect copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and af�:_xed the seals of the Company this 21st day of August , 2023 �P#�r--
I, Leigh Anne Henican, Secretary of The Gray Casualty & Surety ,Co_mpMy, do llerel;iy certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, whfoh is S'tili in full force and effect. IN WI1NESS WHEREOF, I have set my hand and aff1x.ed the seals of the Company this 21 at day of AI.J{IU!:! , 2023 •'-"½1:! •• �., �v,_. ••• il--
SEA
.... * ..

EXHIBIT 1
Miracle Construction Co., Inc.

Page 36 of 40 ends

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

That we, MIRACLE CONSTRUCTION COMPANY INC., DBA MIRACLE PLAYSYSTEMS, a STATE OF CALIFORNIA CORPORATION, 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 ONE HUNDRED THIRTY-NINE THOUSAND NINE HUNDRED NINETY-EIGHT AND 57/100 DOLLARS ($1,39,998.57), 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:

Page 37 of 40 ends

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 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 ____ A
_
u
_
gu
_
st
_
2 _
1,
_
2 _
02 _
3 ________ _____
APPROVED AS TO SURETY:

Miracle Playsystems. Inc.

By: ¼
I
t/dYl- . f 1 Of'r'(,ohr o Of( ,M�
The Gray Casualty & Surety Company
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By: c:::::::::::=:c::::::: ====-
A TT ORN EY -1 N 6F Ac ·r
By: _________ _
Jocelyn Y. Quirt, Attornfly-in-Fact

DEPUTY CITY ATTORNEY
I I
EXHIBIT 1
Miracle Construction Co., Inc.

Page 38 of 40 ends

State of California
county 1 of Ca averas
On August 21, 2023 before me, Sarah Pflug, Notary Pu
bli ----------- c
(insert name and title of the officer)
personally appeared _J_o_
c
_
e_l y_n_Y_._Q_u_irt ____________________ _
who proved to me on the basis of satisfactory evidence to be the person� whose name� is/.w-e subscribed to the within instrument and acknowledged to me that-Ae/she/tReY executed the same in ftios/her/tAeir authorized capacity(ies), and that by MtS/her/tAeir signature�on the instrument the person� or the entity upon behalf of which the person(� acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature_-��- ��-·�(A-�_ (Seal)
EXHIBIT 1
Miracle Construction Co., Inc.

Page 39 of 40 ends

THE GRAY INSURANCE COMPANY

THE GRAY CASUALTY & SURETY COMPANY
Blueprint Bonding Insurance Services
08/21/2023 12:09 1126224037651

GENERAL POWER OF ATTORNEY
Bond Number: GSB6400102 Principal: Miracle Playsystems, Inc.

Project: City of Stockton - Playground Equipment Replacement (Project No. WP22026) - Brooking Park KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Jocelyn Y. Quirt of Valley Springs, California on behalf of each of the Companies named above its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of surety ship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undeiiaking or contract of suretyship executed under this authority shall exceed the amount of $25,000,000.00.

This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26th day of June, 2003.
"RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Compm1y bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, mid any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached.

IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 4 th day ofNovember, 2022.

State of Louisiana
ss:

Parish of Jefferson
��
Michael T. Gray
President
The Gray Insurance Company
Cullen S. Piske
President
The Gray Casualty & Surety Company
On this 4
th day of November, 2022, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affrxed the seals of the companies as officers of, and acknowledged said instrument to be the. voluntary act and deed, of their companies.
0Leigh Anne Henican
Notaty Public
Nolaty ID No. 92653
Orleans Parish, Louisi3na
Leigh Anne Henican
Notary Public, Parish of Orleans State of Louisiana
My Commission is for Life
I, Mark S. Manguno, Secretru.y of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 21st day of August , 2023 I, Leigh Anne Henican, Secretary of The Gray Casualty & Surety Ccm1_()any , do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 21st day of Au�ust , 2023 EXHIBIT 1
Miracle Construction Co., Inc.

Page 40 of 40 ends

Local Construction Contract - YOSSO GROUP INC., DBA SPECIFIED PLAY EQUIPMENT CO.

PROJECT NO. WP22026 (Updated 04/24/23)

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between YOSSO GROUP INC., DBA SPECIFIED PARK EQUIPMENT COMPANY a STATE OF CALIFORNIA CORPORATION, with a business address at 121 INDUSTRIAL ROAD, SUITE 1, BELMONT, CA 94002, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY." W I T N E S S E T H:

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

CONTRACTOR agrees:

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

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $246,499.00 or as otherwise mutually agreed to in a Contract Change Order.

EXHIBIT 2 Page 1 of 33 Yosso Group Inc. 137
Local Construction Contract - YOSSO GROUP INC., DBA SPECIFIED PLAY EQUIPMENT CO.

PROJECT NO. WP22026 (Updated 04/24/23)
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.

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.

Page 2 of 33 ends

Local Construction Contract - YOSSO GROUP INC., DBA SPECIFIED PLAY EQUIPMENT CO.

PROJECT NO. WP22026 (Updated 04/24/23)
provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

Page 3 of 33 ends

Local Construction Contract - YOSSO GROUP INC., DBA SPECIFIED PLAY EQUIPMENT CO.

PROJECT NO. WP22026 (Updated 04/24/23)
responsibility for the damages within 30 days after Contractor provides City with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures Contractor is not obligated to defend or indemnify City in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

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

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

Page 4 of 33 ends

Local Construction Contract - YOSSO GROUP INC., DBA SPECIFIED PLAY EQUIPMENT CO.

PROJECT NO. WP22026 (Updated 04/24/23)
setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.

If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract,

Page 5 of 33 ends

Local Construction Contract - YOSSO GROUP INC., DBA SPECIFIED PLAY EQUIPMENT CO.

PROJECT NO. WP22026 (Updated 04/24/23)
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.

Page 6 of 33 ends

Local Construction Contract - YOSSO GROUP INC., DBA SPECIFIED PLAY EQUIPMENT CO.

PROJECT NO. WP22026 (Updated 04/24/23)
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.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. 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.

Page 7 of 33 ends

Local Construction Contract - YOSSO GROUP INC., DBA SPECIFIED PLAY EQUIPMENT CO.

PROJECT NO. WP22026 (Updated 04/24/23)
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 Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
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

CITY agrees:

Page 8 of 33 ends

Local Construction Contract - YOSSO GROUP INC., DBA SPECIFIED PLAY EQUIPMENT CO.

PROJECT NO. WP22026 (Updated 04/24/23)
expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.

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

Page 9 of 33 ends

Local Construction Contract - YOSSO GROUP INC., DBA SPECIFIED PLAY EQUIPMENT CO.

PROJECT NO. WP22026 (Updated 04/24/23)
CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.

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

CITY CLERK
By:

By: HARRY BLACK

CITY MANAGER
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

YOSSO GROUP INC., DBA
SPECIFIED PLAY EQUIPMENT CO.

By:

DEPUTY CITY ATTORNEY
Tax Identification No.

Page 10 of 33 ends

PaMtla Park. Stockton Project NO.WP22026
Demo $0 Removal of E equipment not nttded
Demo
Pull bKk and stodplle r,e.uu� wood flbff for�
S2,594 .....

Security
Provide Security Conwuctlon Fendnl for duraUon of
51,600 ""' -""'0fllood
Pf'O¥ide tooh. and labor to receive, offload, and store $2,510 -'omen<
SlteWork:ADA ProvkSe materials and labo.- to cortnruct ADA S8.000 compl,,nt c:oncre1e acceu ramp Into SN't'bcm. 2)
SurfKlna
Provide [npetrtd Wood fiber fot Pltvaround UH,

56.050 complant ASTM,CPSC. to and ADA requlr.,,,..nts for fall .ttenuaUon and ICXflS.

Pl,ysround £qulpment ln1taH1tlon
Provtde tools and tabor to lnstd lurb .,tanround
equipment per .,&In INl'IUfacturer to sptdfkaUons by $53,053 ftc:to,ycertffledlnmller. PrevlllW11wllflndudedl .

Sc>oMs rtmOYtd from sJte.
,._ $1.800
--- _ .... ,.__,.,_ $7180 ,
Estimated Construction Total $ 1117
Oat,:3,17.23 Panella Park Cost Estimate: Project NO WP22026 . ✓Production Lead time Estimated at 10-11 weeks If �rdered In July 2023 ✓ Prevailing wages applied to all construction llne Items with certified payroll ✓ Colors TBD prior to order
Includes Burk•'• "Generations• Warranty, The lon1est and stronsest NON.Prorated warranty In the play ground Industry. • lndudn Turnkey Guarnatu which covers labor a11oclated with parts covered under manufacturers warranty for duration of warranty.

Permits, If required are the rnponslblllty of the owner and are excluded from SPEC scope of work. • IF Payment and Performance bonds••• not required, pl•-dedud Bond llne Item amount from Project Total.

CSLB# 1050307
DIR# 1000064237

Page 11 of 33 ends

ProjKt total (CoMtructlon + Equipment, Ta-. frfl&ht Bond , ln1) Estimated Schedule Based on July 13th 2023 Order
• Equipment Production: 10-11 Weeks. •Estimated Delivery week of

10.9.23 • Demo and Site work: Estimated 1 week
• Installation of Equipment and Surfacing: 4 weeks
• Inspection: 1 day
• Estimated completion: Week of 11.20.23
EXHIBIT2

EXHIBIT A
$246,.499
Yosso Group Inc.
147
REV 2022-05-17
Exhibit B:

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

4. Professional Liability/Errors and Omissions Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

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

EXHIBIT B Page 12 of 33 EXHIBIT 2 Yosso Group Inc. 148
REV 2022-05-17
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

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

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any EXHIBIT B Page 13 of 33 EXHIBIT 2 Yosso Group Inc. 149
REV 2022-05-17
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Claims Made Policies (Professional & Pollution Liability only) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the 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 the contract of work.

EXHIBIT B EXHIBIT 2 Page 14 of 33 Yosso Group Inc. 150
REV 2022-05-17
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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 B Page 15 of 33 EXHIBIT 2 Yosso Group Inc. 151
Subject:

CITY OF STOCKTON, CALIFORNIA

D. All City employees and non-employees share a responsibility to assist in EXHIBIT C Page 16 of 33 EXHIBIT 2 Yosso Group Inc. 152
EXHIBIT C Page 17 of 33 EXHIBIT 2 Yosso Group Inc. 153
EXHIBIT C Page 18 of 33 EXHIBIT 2 Yosso Group Inc. 154
EXHIBIT C Page 19 of 33 EXHIBIT 2 Yosso Group Inc. 155
EXHIBIT C Page 20 of 33 EXHIBIT 2 Yosso Group Inc. 156
EXHIBIT C Page 21 of 33 EXHIBIT 2 Yosso Group Inc. 157
EXHIBIT C Page 22 of 33 EXHIBIT 2 Yosso Group Inc. 158
EXHIBIT C Page 23 of 33 EXHIBIT 2 Yosso Group Inc. 159
EXHIBIT C Page 24 of 33 EXHIBIT 2 Yosso Group Inc. 160
EXHIBIT C Page 25 of 33 EXHIBIT 2 Yosso Group Inc. 161
EXHIBIT C Page 26 of 33 EXHIBIT 2 Yosso Group Inc. 162
EXHIBIT C Page 27 of 33 EXHIBIT 2 Yosso Group Inc. 163
EXHIBIT C Page 28 of 33 EXHIBIT 2 Yosso Group Inc. 164
EXHIBIT C Page 29 of 33 EXHIBIT 2 Yosso Group Inc. 165

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, YOSSO GROUP INC., DBA SPECIFIED PLAY EQUIPMENT CO. , a (STATE OF CALIFORNIA CORPORATION), 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 TWO HUNDRED FORTY-SIX THOUSAND FOUR HUNDRED NINETY-NINE AND 00/100 DOLLARS ($246,499.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

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

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,
EXHIBIT 2 Page 30 of 33 Yosso Group Inc. 166
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 M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY
EXHIBIT 2 Page 31 of 33 Yosso Group Inc. 167

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

That we, YOSSO GROUP INC., DBA SPECIFIED PLAY EQUIPMENT CO., a (STATE OF CALIFORNIA CORPORATION), 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 TWO HUNDRED FORTY-SIX THOUSAND FOUR HUNDRED NINETYNINE AND 00/100 DOLLARS ($246,499.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

PLAYGROUND EQUIPMENT REPLACEMENT
(PROJECT NO. WP22026)
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 EXHIBIT 2 Page 32 of 33 Yosso Group Inc. 168
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.

SIGNED AND SEALED on .

APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY
EXHIBIT 2 Page 33 of 33 Yosso Group Inc. 169

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between ROSS RECREATION EQUIPMENT COMPANY INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 100 BRUSH CREEK ROAD, STE. 206, SANTA ROSA, CA 95404, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY." W I T N E S S E T H:

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

CONTRACTOR agrees:

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $139,954.62 or as otherwise mutually agreed to in a Contract Change Order.

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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.

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.

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 EXHIBIT 3
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and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the City, City will then reimburse Contractor for amounts paid in excess of Contractor’s proportionate share of responsibility for the damages within 30 days after Contractor provides City with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the EXHIBIT 3
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parties that this reimbursement provision assures Contractor is not obligated to defend or indemnify City in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

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

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

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.

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The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing 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 EXHIBIT 3
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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.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. 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 Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.

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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
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

CITY agrees:

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

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

CITY CLERK
By:

By: HARRY BLACK

CITY MANAGER
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ROSS RECREATION EQUIPMENT
COMPANY INC.

By:

DEPUTY CITY ATTORNEY
Tax Identification No.

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City of Stockton
Re: Weber Park Play
405 W. Oak
Stockton, California 95203
United States
Ship To
Ship To Name City of Stockton
Est Lead Time Check with Sales Rep
Quote Exp Date 5/25/2023
Quote Date 3/22/2023
Quote Number 00040938
Quote Name Weber Park Play
Opportunity Name Weber Park Play
1465 S. Lincoln St.

Stockton, California 95206
United States
Bill To
Bill To Name City of Stockton
100 Brush Creek Road, Suite 206, Santa Rosa, California 95404 p 855.892.3240 • rossrec.com • Contractors License #520752 • DIR #1000003500 • TaxID #68-0103540 Email [email protected]
Prepared By Nicole Nowak
Thank you for the opportunity to quote your upcoming project. PLEASE NOTE: Quote does not include installation, offload, payment and performance bonds, engineering calculations, security, storage, permits, inspection or safety surfacing, unless otherwise noted. Unless noted, freight costs are based on semi-truck access and do not include a Total $139,954.62
Freight Amount $6,150.00
Labor Amount $47,576.35
Tax Amount $7,119.77
Materials Amount $79,108.50
Credit Terms Net 30 On Materials Shipment
Tax Rate 9.0000%
County/ City Tax San Joaquin County/ Stockton
Quantity Product Product Description Sales
Price Total Price

1.00 Bond Bond - Standard 3% on total project amount including tax and freight. $4,076.35 $4,076.35

1.00 Engineered
Wood Fiber Engineered wood fiber safety surfacing materials for 75 CY top off. $2,427.00 $2,427.00

1.00 Install - Play
Equipment
Installation of Landscape Structures (PlayBooster/NetPlex) design #1173307-01-01 by a manufacturer certified installer. Includes construction of concrete ADA ramp and temp fencing. Prevailing Wages Applied.
*Project DIR # needed for State Prevailing Wage projects. *Installation price quoted for favorable working conditions. If rock, poor soil conditions, a high water table and/or other unforeseen site conditions exist requiring additional materials and labor, additional charges may be incurred.
*Installation quoted includes standard manufacturer provided footing details. If different footing details are provided by the owner/specifier, a change order will be required. *Installation quoted includes installing footings through native soil or 95% compacted base rock. If installing through concrete, asphalt or through less compacted or permeable base or drain rock, or in other conditions, please provide additional details and a change order may be required.
$40,500.00 $40,500.00

1.00 Install -
Wood Fiber
Installation of 75 cubic yards of engineered wood fiber. Prevailing Wage Applied.

Install site must be within 250' feet of semi-truck access or additional charges may apply. $3,000.00 $3,000.00

1.00 PlayBooster,
2-5
Landscape Structures PlayBooster for 2-5 Freestanding Play Design #1173307-01-01-01 - includes 2024 pricing $5,265.75 $5,265.75

1.00 PlayBooster,
5-12
Landscape Structures PlayBooster, ages 5-12. Design #1173307-01-01-01 - includes 2024 pricing $71,415.75 $71,415.75
Total Quote Amounts
Notes to Customer
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Ross Recreation Equipment Co., Inc.

EXHIBIT A 180
City of Stockton
Re: Weber Park Play
405 W. Oak
Stockton, California 95203
United States
Ship To
Ship To Name City of Stockton
Est Lead Time Check with Sales Rep
Quote Exp Date 5/25/2023
Quote Date 3/22/2023
Quote Number 00040938
Quote Name Weber Park Play
Opportunity Name Weber Park Play
1465 S. Lincoln St.

If ordering materials after the quoted expiration date, please contact your sales representative for current pricing. Due to material cost increases and a fluid pricing environment, Ross Recreation cannot hold pricing past the stated Expiration Date on this quote. To secure current pricing, Ross Recreation will require the following:
- PO, signed quote or contract with approval for the order. - Deposit if required by credit terms.
- Color selections and/or approved submittals.
- Acceptance of delivery when materials or equipment is ready to ship. Products cannot be held nor stored.

Sales tax will be based on the current rate at the time of shipping, not the order date. Customer will be expected to cover these, or any changes, to sales taxes.

Ross Recreation will provide labor using a subcontractor for all installation and labor quoted. Neither Ross Recreation, nor our subcontractors, are signatory to any unions; however, compliance with prevailing wage rate requirements will occur. If union enrollment is required by our subcontractor for completion of this project, Ross Recreation will require a Change Order to cover the costs of a per project enrollment and additional wage/benefit requirements.

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Ross Recreation Equipment Co., Inc.

EXHIBIT A 181
Weber Park 2023 Components List
Project Title: Weber Park Location: Stockton CA

Page 1 of 1 ends

City Council and Concurrent AuthoritiesSeptember 26, 2023

City Council and Concurrent Authorities
September 26, 2023