City Council and Concurrent Authorities
October 17, 2023

1. The State Water Board and the Recipient mutually promise, covenant, and agree to the terms, provisions, and conditions of this Agreement, including the following Exhibits, which are attached hereto or are incorporated by reference:
• EXHIBIT A – SCOPE OF WORK AND SCHEDULE
• EXHIBIT B – SPECIFIC FUNDING PROVISIONS
• EXHIBIT C – GENERAL TERMS AND CONDITIONS 2019-NOV
• EXHIBIT D – SPECIAL CONDITIONS

2. The following documents are also incorporated by reference, as well as any documents incorporated by reference in Exhibit D:
• the Final Plans & Specifications which are the basis for the construction contract to be awarded by the Recipient;
• the Drinking Water System Permit No. 01-10-15P-001;

3. Party Contacts during the term of this Agreement are:

State Water Board City of Stockton
Section: Division of Financial Assistance
Name: Judith Salazar Name: Harry
Black
Title: City Manager
Address: 1001 I Street, 16th Floor Address: 425 N. El Dorado Street City, State,
Zip:

Sacramento, CA 95814 City, State, Zip: Stockton, CA, 95202 Phone: (916) 445 - 0827 Phone: (209) 937 - 8212
Fax: Fax:

Email: [email protected] Email: [email protected] Each party may change its contact upon written notice to the other party. While Party Contacts are contacts for day-to-day communications regarding Project work, the Recipient must provide official communications and notices to the Division’s Deputy Director.

4. Conditions precedent to this Agreement are set forth as follows:
(a) The Recipient must deliver to the Division a resolution authorizing this Agreement and identifying its authorized representative by title.
(b) The Recipient must deliver an opinion of general counsel satisfactory to the State Water Board’s counsel dated on or after the date that the Recipient signs this Agreement.

5. The Recipient represents, warrants, and commits to the following as of the Eligible Work Start Date and continuing thereafter for the term of this Agreement, which shall be at least until the Records Retention End Date:
(a) The Recipient agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents.
(b) The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law. (c) None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. The ATTACHMENT A 376
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due. The Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile liability, workers compensation and employer liability, professional liability. (d) The Recipient is in compliance with all State Water Board funding agreements to which it is a party.

6. This Agreement, and any amendments hereto, may be executed and delivered in any number of counterparts, each of which when delivered shall be deemed to be an original, but such counterparts shall together constitute one document. The parties may sign this Agreement, and any amendments hereto, either by an electronic signature using a method approved by the State Water Board or by a physical, handwritten signature. The parties mutually agree that an electronic signature using a method approved by the State Water Board is the same as a physical, handwritten signature for the purposes of validity, enforceability, and admissibility.

ATTACHMENT A 377
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

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

CITY OF STOCKTON:

By: ____________________________________
Name: Harry Black
Title: City Manager
Date: _________________________________
STATE WATER RESOURCES CONTROL BOARD:

By: ____________________________________
Name: Joe Karkoski
Title: Deputy Director
Division of Financial Assistance
Date: __________________________________
ATTACHMENT A 378
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

Exhibit A
EXHIBIT A – SCOPE OF WORK AND SCHEDULE
A.1 PROJECT PURPOSE AND DESCRIPTION.

The Century Mobile Home Park (MHP) water system, the Sunny Road water system, the domestic well system located on residential property on 3509 Sunny Road (Jack Lo property), and the Recipient will benefit from the Project, which has a useful life of at least 35 years. The funding under this agreement will be used to connect the following to the Recipient’s distribution system: Century MHP, Sunny Road, and the Jack Lo property. The Project will resolve an arsenic maximum contaminant level (MCL) compliance order and provide overall system reliability.

A.2 SCOPE OF WORK.

The Recipient agrees to consolidate Century MHP, Sunny Road, and the Jack Lo property into the Recipient’s system. The Recipient agrees to construct the following to connect to each system:
1) Within the Century MHP water system:
a) Construct one (1) service connection (approximately 70 feet). b) Install one (1) master meter and one (1) blowoff valve. c) Decommission the two (2) existing groundwater wells. 2) Within the Sunny Road water system:
a) Construct three (3) residential laterals with stub outs (approximately 40 feet). b) Install one (1) master meter and one (1) blowoff valve. c) Decommission the existing groundwater well.
3) Within the Jack Lo property:
a) Construct one (1) service connection (approximately 80 feet). b) Install one (1) master meter.
c) Decommission the existing groundwater well.
4) Within the Recipient’s system:
a) Construct approximately 1,443 feet of twelve-inch (12”) pipe from the existing main to the southerly property line of Century MHP.
b) Construct approximately 560 feet of twelve-inch (12”) pipe from the SR-99 frontage road to the eastern property line of Silvia Avalos.
c) Construct fire hydrants and butterfly valves along the water main in the public right-of-way.

Upon Completion of Construction, the Recipient must expeditiously initiate Project operations.

A.3 SIGNAGE
The Recipient must place a professionally prepared sign at least four feet tall by eight feet wide made of ¾ inch thick exterior grade plywood or other approved material in a prominent location on the Project site and must maintain the sign in good condition for the duration of Project implementation. The sign may include another agency’s required information and must include, prominently displayed, the following disclosure statement and color logos (available from the Division):

ATTACHMENT A 379
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

Exhibit A
“Funding for this project has been provided in full or in part by Proposition 68 –the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 through an agreement with the State Water Resources Control Board.” A.4 SCHEDULE.

Failure to provide items by the due dates indicated in the table below may constitute a material violation of this Agreement. The Project Manager may adjust the dates in the “Estimated Due Date” column of this table, but Critical Due Date adjustments will require an amendment to this Agreement. The Recipient must complete and submit all work in time to be approved by the Division prior to Project Completion. As applicable for specific submittals, the Recipient must plan adequate time to solicit, receive, and address comments prior to submitting the final submittal. The Recipient must submit the final Reimbursement Request prior to the Final Reimbursement Request Date set forth on the Cover Page.

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

ESTIMATED DUE
DATE

SCOPE OF WORK

1. Final Plans and Specs and Local Agency Formation
Commission (LAFCo) Documents
N/A June 30, 2024

2. Final Bid Package Submittal N/A August 30, 2024

3. Bid Opening N/A October 31, 2024

4. Final Budget Approval Package Submittal N/A February 28, 2025

5. Construction Begins N/A June 30, 2025

6. Construction Completion September 30,
2026
N/A

REPORTING

1. Progress Reports Quarterly

2. Final Inspection and Certification N/A September 30, 2026

3. Project Completion Report N/A December 31, 2026
4 As Needed Information and Reports As Requested by Division

BUDGET COSTS AND REIMBURSEMENT

1. First Reimbursement Request No later than
90 days from
Agreement
Execution Date
N/A

2. Reimbursement Requests N/A As Needed

3. Final Reimbursement Request March 31, 2027 N/A
The Recipient must award the prime construction contract and begin construction timely. The Recipient must deliver any request for extension of the Completion of Construction Date no less than 90 days prior to the Completion of Construction Date.

ATTACHMENT A 380
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

Exhibit A
The Division may require corrective work to be performed prior to Project Completion. The State Water Board is not obligated to reimburse corrective work under this Agreement.

A.5 PROGRESS REPORTS.

The Recipient must provide a progress report to the Division each quarter, beginning no later than 90 days after execution of this Agreement. The Recipient must provide a progress report with each Reimbursement Request. Failure to provide a complete and accurate progress report may result in the withholding of Project Funds, as set forth in Exhibit B. A progress report must contain the following information:
1) A summary of progress to date including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed;
2) A description of compliance with environmental requirements; 3) A listing of change orders including amount, description of work, and change in contract amount and schedule; and
4) Any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions.

A.6 PROJECT COMPLETION REPORT.
(a) The Recipient must submit a Project Completion Report to the Division with a copy to the appropriate District Office on or before the due date established by the Division and the Recipient at the time of final project inspection. The Project Completion Report must include the following:
i. Description of the Project,
ii. Description of the water quality problem the Project sought to address, iii. Discussion of the Project’s likelihood of successfully addressing that water quality problem in the future, and
iv. Summary of compliance with applicable environmental conditions. (b) If the Recipient fails to submit a timely Project Completion Report, the State Water Board may stop processing pending or future applications for new financial assistance, withhold reimbursements under this Agreement or other agreements, and begin administrative proceedings.

A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.

Upon completion of the Project, the Recipient must provide for a final inspection and must certify that the Project has been completed in accordance with this Agreement, any final plans and specifications submitted to the State Water Board, and any amendments or modifications thereto. If the Project involves the planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, or other professionals, the final inspection and certification must be conducted by a California Registered Civil Engineer or other appropriate California registered professional. The results of the final inspection and certification must be submitted to the Project Manager.

ATTACHMENT A 381
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

Exhibit B
EXHIBIT B – FUNDING AMOUNTS
B.1 ESTIMATED REASONABLE COST AND PROJECT FUNDS.

The estimated reasonable cost of the total Project is set forth on the Cover Page of this Agreement, and is greater than or equal to the funding anticipated to be provided by the State Water Board under this Agreement. Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds not to exceed the amount of the Project Funding Amount set forth on the Cover Page of this Agreement.

B.2 RECIPIENT CONTRIBUTIONS.

The Recipient must pay any and all costs connected with the Project including, without limitation, any and all Project Costs. If the Project Funds are not sufficient to pay the Project Costs in full, the Recipient must nonetheless complete the Project and pay that portion of the Project Costs in excess of available Project Funds, and shall not be entitled to any reimbursement therefor from the State Water Board.

If the Recipient recovers funds from any responsible parties, the Recipient shall immediately notify the Division.

The amount of this Agreement may be reduced to reflect the recovered funds.

B.3 VERIFIABLE DATA.

Upon request by the Division, the Recipient must submit verifiable data to support deliverables specified in the Scope of Work. The Recipient’s failure to comply with this requirement may be construed as a material breach of this Agreement.

B.4 BUDGET COSTS
Estimated budget costs are contained in the Summary Project Cost Table below:

LINE ITEM TOTAL ESTIMATED
COST

PROJECT FUNDING
AMOUNT
Construction $990,700 $990,700
Pre-Purchased Material/Equipment $0 $0
Real Property or Easement Acquisition $0 $0
Change Order Contingencies $99,070 $99,070
Force Account $0 $0
Allowances (Soft Costs) $331,818 $331,818
TOTAL $1,421,588 $1,421,588
The Division’s Final Budget Approval and related Form 259 and Form 260 will document a more detailed budget of eligible Project Costs and Project funding amounts.

Indirect Costs are ineligible for funding under this Agreement.

The Recipient is prohibited from requesting disbursement amounts that represent Recipient’s mark-ups to costs invoiced or otherwise requested by consultants or contractors.

B.5 LINE ITEM ADJUSTMENTS.

Upon written request by the Recipient, the Division may adjust the line items of the Summary Project Cost Table at the time of Division’s Final Budget Approval. Upon written request by the Recipient, the Division may also adjust the line items of the Summary Project Cost Table as well as the detailed budget at the time of Recipient’s submittal of its final claim. Any line item adjustments to the Summary Project Cost Table that are due to a change in scope of work will require an Agreement amendment. The sum of adjusted line items in both the Summary

ATTACHMENT A
382
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

Exhibit B
Project Cost Table and the detailed budget must not exceed the Project Funding Amount. The Division may also propose budget adjustments.

Under no circumstances may the sum of line items in the budget approved through the Final Budget Approval process exceed the Project Funding Amount. Any increase in the Project Funding Amount will require an Agreement amendment.

B.6 REIMBURSEMENT PROCEDURE.

Except as may be otherwise provided in this Agreement, reimbursements will be made as follows:

1. Upon execution and delivery of this Agreement by both parties, the Recipient may request immediate reimbursement of any eligible incurred planning and design allowance costs through submission to the State Water Board of the Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed.

2. The Recipient must submit a Reimbursement Request for costs incurred prior to the date this Agreement is executed by the State Water Board no later than ninety (90) days after this Agreement is executed by the State Water Board. Late Reimbursement Requests may not be honored.

3. Additional Project Funds will be promptly disbursed to the Recipient upon receipt of Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of progress reports due under this Agreement.

4. The Recipient must not request reimbursement for any Project Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of Reimbursement Request. Supporting documentation (e.g., receipts) must be submitted with each Reimbursement Request. The amount requested for Recipient’s administration costs must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Reimbursement of Project Funds will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed Reimbursement Request. Upon request by the Division, supporting documents for professional and administrative services must include the employees’ names, classifications, labor rates, hours worked, and descriptions of the tasks performed. Reimbursement Requests submitted without supporting documents may be wholly or partially withheld at the discretion of the Division.

5. The Recipient must spend Project Funds within 30 days of receipt. If the Recipient earns interest earned on Project Funds, it must report that interest immediately to the State Water Board. The State Water Board may deduct earned interest from future reimbursements.

6. The Recipient must not request a reimbursement unless that Project Cost is allowable, reasonable, and allocable.

7. Notwithstanding any other provision of this Agreement, no reimbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, policies, or regulations.

Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water Board may retain an amount equal to ten percent (10%) of the Project Funding Amount until Project Completion. Any retained amounts due to the Recipient will be promptly disbursed to the Recipient, without interest, upon Project Completion.

Except as follows, construction costs and disbursements are not available until after the Division has approved the final budget form submitted by the Recipient. The Deputy Director of the Division may authorize the disbursement of up to ten percent (10%) of Project Funds for the reimbursement of eligible construction costs and pre-purchased materials prior to Division approval of the final budget form submitted by the Recipient. All other construction costs are not eligible for reimbursement until after the Division has approved the final budget form submitted by the Recipient. Construction costs incurred prior to the Eligible Construction Start Date are not eligible for reimbursement.

ATTACHMENT A
383
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

Exhibit B
B.7 REVERTING FUNDS AND DISENCUMBRANCE.

In the event the Recipient does not submit Reimbursement Requests for all funds encumbered under this Agreement timely, any remaining funds revert to the State. The State Water Board may notify the Recipient that the project file is closed, and any remaining balance will be disencumbered and unavailable for further use under the Agreement.

ATTACHMENT A
384
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

Exhibit C
EXHIBIT C – GENERAL TERMS AND CONDITIONS 2019-NOV
GENERAL TERMS AND CONDITIONS 2019-NOV is incorporated by reference and is posted at https://www.waterboards.ca.gov/water_issues/programs/grants_loans/general_terms.html

ATTACHMENT A
385
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

Exhibit D
EXHIBIT D – SPECIAL CONDITIONS
D.1 DEFINITIONS
(a) Notwithstanding Exhibit C, the following terms have no meaning for the purposes of this Agreement:
• Work Completion
• Work Completion Date
Each capitalized term used in this Agreement has the following meaning:
• “Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, and construction engineering and administration costs of the Project.
• "Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient’s authorizing resolution that designates the authorized representative by title.
• "Completion of Construction" means the date, as determined by the Division after consultation with the Recipient, that the work of building and erection of the Project is substantially complete, and is established on the Cover Page of this Agreement.
• “District Office” means District Office of the Division of Drinking Water of the State Water Board. • “Division of Drinking Water” means the Division of Drinking Water of the State Water Board. • “Eligible Construction Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which construction costs may be incurred and eligible for reimbursement hereunder.
• “Eligible Work Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which any non-construction costs may be incurred and eligible for reimbursement hereunder.
• “Enterprise Fund” means the enterprise fund of the Recipient in which Revenues are deposited. • “Event of Default” means, in addition to the meanings set forth in Exhibit C, the occurrence of any of the following events:
a) A material adverse change in the condition of the Recipient, the Revenues, or the System, which the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement. b) Failure to operate the System or the Project, unless the Division has given its approval for such non-operation;
• “Final Budget Approval (FBA)” means the Division-approved final budget for the Project, as set forth in Exhibit B.
• “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Recipient; non-project-specific accounting and personnel services performed within the Recipient organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; generic overhead or markup; and taxes.

ATTACHMENT A 386
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

Exhibit D
• "Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if notice to proceed is not required, the date of commencement of building and erection of the Project.
• “Net Revenues" means, for any Fiscal Year, all Revenues received by the Recipient less the Operations and Maintenance Costs for such Fiscal Year.
• "Operations and Maintenance Costs" means the reasonable and necessary costs paid or incurred by the Recipient for maintaining and operating the System, determined in accordance with GAAP, including all reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all reasonable and necessary administrative costs of the Recipient that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles.
• “Policy" means the State Water Board's “Policy for Implementing the Drinking Water State Revolving Fund,” as amended from time to time, including the Intended Use Plan in effect as of the execution date of this Agreement.
• "Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient’s behalf, and any refundable deposits made to establish credit, and advances or contributions in aid of construction. • “System” means all drinking water collection, transport, treatment, storage, and delivery facilities, including land and easements thereof, owned by the City of Stockton, or its successor agency, and all other properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed.
• “Useful Life” means the economically useful life of the Project beginning at Project Completion and is set forth in Exhibit A.

D.2 ADDITIONAL REPRESENTATIONS AND WARRANTIES.

The Recipient has not made any untrue statement of a material fact in its application for this financial assistance or omitted to state in its application a material fact that makes the statements in its application not misleading.

The Recipient agrees to fulfill all assurances, declarations, representations, and commitments in its application, accompanying documents, and communications filed in support of its request for funding under this Agreement.

The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date of execution of this Agreement by the Recipient, or result in any breach or default under any contract, obligation, ATTACHMENT A 387
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

Exhibit D
indenture, or other instrument to which Recipient is a party or by which Recipient is bound as of the date of execution of this Agreement by the Recipient.

Except as set forth in this paragraph, there are, as of the date of execution of this Agreement by the Recipient, no pending or, to Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which materially affect the financial condition or operations of the Recipient, the Revenues, and/or the Project.

There are no proceedings, actions, or offers by a public entity to acquire by purchase or the power of eminent domain any of the real or personal property related to or necessary for the Project.

The Recipient is duly organized and existing and in good standing under the laws of the State of California. Recipient must at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with state or federal audit disallowances.

Any financial statements or other financial documentation of Recipient previously delivered to the State Water Board as of the date(s) set forth in such financial statements or other financial documentation: (a) are materially complete and correct; (b) present fairly the financial condition of the Recipient; and (c) have been prepared in accordance with GAAP. Since the date(s) of such financial statements or other financial documentation, there has been no material adverse change in the financial condition of the Recipient, nor have any assets or properties reflected on such financial statements or other financial documentation been sold, transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by Recipient and approved in writing by the State Water Board.

The Recipient is current in its continuing disclosure obligations associated with its material debt, if any.

The Recipient has no conflicting or Material Obligations, except as set forth in this paragraph.

The Recipient has sufficient real or personal property rights necessary for the purposes of this Agreement, not subject to third party revocation, which rights extend at least to the Records Retention End Date of this Agreement, except as disclosed to the State Water Board. The Recipient has disclosed to the State Water Board all proceedings, actions, or offers of which the Recipient has knowledge or belief that may in any way affect the Recipient’s ability to access or legally possess all of the property necessary for the purpose of this Agreement, including any proceedings, actions, or offers to lease, purchase, or acquire by eminent domain any of the real or personal property related to or necessary for the Project.

The Recipient and its principals, contractors, and subcontractors, to the best of the Recipient’s knowledge and belief, are not presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in any work overseen, directed, funded, or administered by the State Water Board program for which this funding is authorized; nor have they engaged or permitted the performance of services covered by this Agreement from parties that are debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this funding is authorized.

The Recipient possesses all water rights necessary for this Project.

D.3 ACKNOWLEDGEMENTS
The Recipient must include the following acknowledgement in any document, written report, or brochure to be shared with the general public prepared in whole or in part pursuant to this Agreement:

ATTACHMENT A 388
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

Exhibit D
• “Funding for this project has been provided in full or in part under Proposition 68 – the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”
D.4 RATES, FEES, AND CHARGES
The Recipient must, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and must ensure that Net Revenues are in an amount necessary to meet its obligations under this Agreement. The Recipient may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section.

D.5 RESERVED
D.6 RESERVED
D.7 TECHNICAL SPECIAL CONDITIONS
1) The Recipient shall not solicit bids, award a contract, or commence construction activities until final plans and specifications are approved by the Division’s Project Manager. The Recipient shall notify the Division when the Project is fifty (50) percent and a hundred (100) percent complete. 2) The Recipient must submit executed consolidation agreements with the owners of the Century Mobile Home Park (MHP) water system, Sunny Road water system, and the residential property on 3509 Sunny Road (Jack Lo property), satisfactory to the Division’s counsel, and receive written approval from the Project Manager to proceed prior to soliciting bids, awarding a contract, or commencing construction activities. No Project Funds may be disbursed for construction costs before this condition is satisfied.
3) The Recipient acknowledges and understands that the Division will not authorize disbursements for construction costs until the Recipient has provided evidence satisfactory to the Division that the Recipient has obtained the necessary LAFCo approval to proceed with the Project.

D.8 FUNDS RELATED TO CONTAMINATION
(a) As a condition precedent to this Agreement and prior to any disbursement, the Recipient shall (i) notify the Division of any demands made by the Recipient against third parties for monetary damages, reimbursement of costs, or other relief, including litigation, related to drinking water contamination, including but not limited to contamination by 1,2,3-trichloropropane (1,2,3-TCP); and (ii) unless waived by the Division, notify and provide to the Division copies of any agreements with third parties (e.g., settlement agreements, consent agreements, etc.) or court or administrative orders arising out of litigation or disputes related to contamination of the drinking water associated with the Project. (b) After execution of this Agreement, the Recipient shall notify the Division promptly of the new occurrence of any matters requiring notice under paragraph (a), above. Upon request, the Recipient shall promptly provide information and copies of documents as requested by the Division.

ATTACHMENT A 389
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

Exhibit D
(c) The Recipient shall place all funds received after the date of this Agreement under any order or agreement described in paragraphs (a)(ii) and (b), above, into a restricted account to be used either for a capital improvement project that addresses the contamination, or for operation and maintenance of treatment or remediation of the contamination. Alternatively, upon consent of the Division, the funds received after the date of this Agreement under any such order or agreement shall be used as match funding for the Project or held in a restricted reserve account to support the financial capacity of the System.
(d) The amount of this Agreement may be reduced, and/or disbursements withheld, to offset amounts received under any contamination-related order or agreement described in paragraphs (a)(ii) or (b), above, to avoid double recovery. Noncompliance with paragraphs (a), (b), or (c) above shall be an Event of Default.

D.9 APPOINTMENT OF RECEIVER OR CUSTODIAN
Upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the State Water Board under this Agreement, the State Water Board may make application for the appointment of a receiver or custodian of the Revenues, pending such proceeding, with such power as the court making such appointment may confer.

D.10 RETURN OF FUNDS
Notwithstanding any other provision of this Agreement, if the Division determines that an Event of Default has occurred, the Recipient may be required, upon demand, to immediately return to the State Water Board any grant or principal forgiveness amounts received pursuant to this Agreement and pay interest at the highest legal rate on all of the foregoing.

D.11 DAMAGES FOR BREACH OF TAX-EXEMPT STATUS
In the event that any breach of any of the provisions of this Agreement by the Recipient results in the loss of tax-exempt status for any bonds of the State or any subdivision or agency thereof, or if such breach results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government by reason of any arbitrage profits, the Recipient must immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach.

D.12 RESERVED
D.13 OPERATION AND MAINTENANCE
The Recipient shall sufficiently and properly staff, operate, and maintain the facility and structures constructed or improved as part of the Project throughout the term of this Agreement, consistent with the purposes of this Agreement. The Recipient assumes all operations and maintenance costs of the facilities and structures; the State Water Board shall not be liable for any cost of such maintenance, management or operation.

D.14 INSURANCE
The Recipient will procure and maintain or cause to be maintained insurance on the System/Project with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System/Project) as are usually covered in connection with systems similar to the System/Project. Such insurance may be maintained by a selfinsurance plan so long as such plan provides for (i) the establishment by the Recipient of a separate ATTACHMENT A 390
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

Exhibit D
segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program.

In the event of any damage to or destruction of the System/Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System/Project. The Recipient must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the System/Project must be free and clear of all claims and liens.

Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the Division with a copy of all such certificates prior to the commencement of construction of the Project.

D.15 CONTINUOUS USE OF PROJECT; NO LEASE, SALE, TRANSFER OF OWNERSHIP, OR DISPOSAL OF PROJECT.

The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially discontinue use of, lease, sell, transfer ownership of, or dispose of all or a significant part or portion of the Project during the Useful Life of the Project without prior written approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division, including a condition requiring repayment of all disbursed Project Funds or all or any portion of all remaining funds covered by this Agreement together with accrued interest and any penalty assessments that may be due.

D.16 NOTICE
Upon the occurrence of any of the following events, the Recipient must notify the Division’s Deputy Director and Party Contacts by phone and email within the time specified below:
(a) Within 24 hours, the Recipient must notify the Party Contacts by phone and by email, and also notify the Division by phone at (916) 327-9978 and by email to [email protected] of any discovery of any potential tribal cultural resource and/or archaeological or historical resource.

Should a potential tribal cultural resource and/or archaeological or historical resource be discovered during construction or Project implementation, the Recipient must ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient must implement appropriate actions as directed by the Division.
(b) The Recipient must notify the Division and Party Contacts promptly of the occurrence of any of the following events:
i. Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing;
ii. Change of ownership of the Project (no change of ownership may occur without written consent of the Division);
iii. Loss, theft, damage, or impairment to Project;
ATTACHMENT A 391
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

Exhibit D
iv. Events of Default, except as otherwise set forth in this section; v. A proceeding or action by a public entity to acquire the Project by power of eminent domain.
vi. Any litigation pending or threatened with respect to the Project or the Recipient’s technical, managerial or financial capacity or the Recipient’s continued existence; vii. Consideration of dissolution, or disincorporation; viii. Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board.
ix. The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this funding, or in any certification, report, or request for reimbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors;
x. Any substantial change in scope of the Project. The Recipient must undertake no substantial change in the scope of the Project until prompt written notice of the proposed change has been provided to the Division and the Division has given written approval for the change;
xi. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more; xii. Cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more; xiii. The Recipient must promptly notify the Division and Party Contacts of the discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during implementation of the Project, the Recipient agrees to promptly notify the Division. This notification is in addition to the Recipient’s obligations under the federal Endangered Species Act;
xiv. Any Project monitoring, demonstration, or other implementation activities required in this Agreement;
xv. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice to the Division; xvi. Any event requiring notice to the Division pursuant to any other provision of this Agreement;
xvii. The award of the prime construction contract for the Project; and the initiation of construction of the Project; and
xviii. Completion of Construction, and Project Completion.

ATTACHMENT A 392
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

Exhibit D
D.17 FRAUD, WASTE, AND ABUSE.

The Recipient shall prevent fraud, waste, and the abuse of Project Funds, and shall cooperate in any investigation of such activities that are suspected in connection with this Agreement. The Recipient understands that discovery of any evidence of misrepresentation or fraud related to Reimbursement Requests, invoices, proof of payment of invoices, or other supporting information, including but not limited to double or multiple billing for time, services, or any other eligible cost, may result in an administrative action by the State Water Board and/or referral to the Attorney General’s Office or the applicable District Attorney’s Office for appropriate action. The Recipient further understands that any suspected occurrences of false claims, misrepresentation, fraud, forgery, theft or any other misuse of Project Funds may result in withholding of reimbursements and/or the termination of this Agreement requiring the immediate repayment of all funds disbursed hereunder. A person who knowingly makes or causes to be made any false statement, material misrepresentation, or false certification in any submittal may be subject to a civil penalty, criminal fine, or imprisonment. (Wat. Code, § 13490 et seq.) D.18 DISPUTES.

The Recipient must continue with the responsibilities under this Agreement during any dispute. The Recipient may, in writing, appeal a staff decision within 30 days to the Deputy Director of the Division or designee, for a final Division decision. The Recipient may appeal a final Division decision to the State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will prepare a summary of the dispute and make recommendations relative to its final resolution, which will be provided to the State Water Board’s Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State Water Board will review and resolve the dispute in the manner determined by the State Water Board. Should the State Water Board determine not to review the final Division decision, this decision will represent a final agency action on the dispute. This provision does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law.

This section relating to disputes does not establish an exclusive procedure for resolving claims within the meaning of Government Code sections 930 and 930.4.

D.19 EXECUTIVE ORDER N-6-22 – RUSSIAN SANCTIONS.

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State Water Board determine Recipient is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State Water Board shall provide Recipient advance written notice of such termination, allowing Recipient at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State Water Board.

The Recipient represents that the Recipient is not a target of economic sanctions imposed in response to Russia’s actions in Ukraine imposed by the United States government or the State of California. The Recipient is required to comply with the economic sanctions imposed in response to Russia’s actions in Ukraine, including with respect to, but not limited to, the federal executive orders identified in California Executive Order N-6-22, located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-RussiaUkraine-Executive-Order.pdf and the sanctions identified on the United States Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-andcountry-information/ukraine-russia-related-sanctions).  The Recipient is required to comply with all applicable reporting requirements regarding compliance with the economic sanctions, including, but not limited to, those reporting requirements set forth in California Executive Order N-6-22 for all Recipients ATTACHMENT A 393
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

Exhibit D
with one or more agreements with the State of California with an aggregated value of Five Million Dollars ($5,000,000) or more.  Notwithstanding any other provision in this Agreement, failure to comply with the economic sanctions and all applicable reporting requirements may result in termination of this Agreement.

For Recipients with an aggregated agreement value of Five Million Dollars ($5,000,000) or more with the State of California, reporting requirements include, but are not limited to, information related to steps taken in response to Russia’s actions in Ukraine, including but not limited to:

1. Desisting from making any new investments or engaging in financial transactions with Russian institutions or companies that are headquartered or have their principal place of business in Russia;

2. Not transferring technology to Russia or companies that are headquartered or have their principal place of business in Russia; and

3. Direct support to the government and people of Ukraine.

D.20 STATE CROSS-CUTTERS
Recipient represents that, as applicable, it complies and covenants to maintain compliance with the following for the term of the Agreement:
• The California Environmental Quality Act (CEQA), as set forth in Public Resources Code 21000 et seq. and in the CEQA Guidelines at Title 14, Division 6, Chapter 3, Section 15000 et seq. • Water Conservation requirements, including regulations in Division 3 of Title 23 of the California Code of Regulations.
• Monthly Water Diversion Reporting requirements, including requirements set forth in Water Code section 5103.
• Public Works Contractor Registration with Department of Industrial Relations requirements, including requirements set forth in Sections 1725.5 and 1771.1 of the Labor Code. • Volumetric Pricing & Water Meters requirements, including the requirements of Water Code sections 526 and 527.
• Urban Water Management Plan requirements, including the Urban Water Management Planning Act (Water Code, § 10610 et seq.).
• Urban Water Demand Management requirements, including the requirements of Section 10608.56 of the Water Code.
• Delta Plan Consistency Findings requirements, including the requirements of Water Code section 85225 and California Code of Regulations, title 23, section 5002. • Agricultural Water Management Plan Consistency requirements, including the requirements of Water Code section 10852.
• Charter City Project Labor Requirements, including the requirements of Labor Code section 1782 and Public Contract Code section 2503.

ATTACHMENT A 394
City of Stockton
Project No. 3910012-001C
Agreement No.: D2202045

Exhibit D
• The Recipient agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with directives or orders issued pursuant to Division 7 of the Water Code.

ATTACHMENT A 395

ATTACHMENT B
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i

TABLE OF CONTENTS
1 Water System Information ................................................................................................................... 1 2 Project Description ............................................................................................................................... 2 3 Alternative Solutions ............................................................................................................................ 3 4 Consolidation Feasibility....................................................................................................................... 3 5 Water Demands.................................................................................................................................... 4 6 Proposed Schedule .............................................................................................................................10 7 References ..........................................................................................................................................10

LIST OF TABLES
Table 1 - Century MHP Water Use Data ....................................................................................................... 5 Table 2 – Sunny Rd Property Water Use Data .............................................................................................. 5 Table 3 - Century MHP and Sunny Rd Control Scenarios.............................................................................. 6 Table 4 - Project Cost Estimate ..................................................................................................................... 8 Table 5 - City and Regulatory Agency Responses ......................................................................................... 9

LIST OF FIGURES
Figure 1 - Water Pressure Under PHD as Evaluated by West Yost and Associates [1] ................................. 7

ATTACHMENTS
Attachment A – Map of Existing Facilities
Attachment B – Documents Justifying Ranked Problem
Attachment C – Map of System’s Proposed Facilities
Attachment D – Detailed Cost Estimate
Attachment E – Proposed Project Schedule
Attachment F – Supplemental Information Form
Attachment G – Permit Application and Instruction Materials from Regulatory Agencies

ATTACHMENT B
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1 1 Water System Information
The Sunny Rd Water system (previously called Silvia Avalos property) is in San Joaquin County, 850 ft east of the intersection of Sunny Road and Kingsley Road (also referred to as the State Route-99, SR-99, frontage road). The property is within 0.2 miles of City limits. The physical addresses of the Sunny Rd properties range from 3530 to 3596 East Sunny Road. The existing well serving the system is located at 3542 Sunny Rd. The overall area of the property is 2.0 ac and can be seen in Attachment C. The Assessor’s Parcel Number for the property is 181-13-33 in Section 28, Township 1, North Range 7 East, of the Mount Diablo Base and Meridian.

The Sunny Rd water system (No. CA3901213) serves 30 residents through 15 service connections. The system is operated by a single well located on the property (Well #2). Prior to the operation of Well #2, the system received water from a well that was decommissioned and destroyed in September 2004.

Century MHP is in San Joaquin County, approximately 0.1 miles outside the City limits. The physical address of the mobile home park is 3312 East Sunny Road, Stockton, CA 95215 and is located near the intersection of Sunny Road and Kingsley Road. The Assessor’s Parcel Number for this address is 181-12- 32 in Section 28, Township 1, North Range 7 East, of the Mount Diablo Base and Meridian.

The Century MHP water system (No. CA3900579) serves a current population of approximately 56 people, with 20 active service connections. The water system consists of two (2) groundwater wells (Well #5 and a standby well), two (2) 200-gal pressure tanks, and distribution piping. Well #5 is approximately 325 feet deep and equipped with a 2-hp submersible pump. The standby well is approximately 180 feet deep. Well #5 is tested quarterly for arsenic levels and has exceeded the MCL for arsenic since 2008, with an average concentration of 13 ppb.

A map of the existing facilities for the Century MHP and Sunny Rd property can be found in Attachment A. Both water systems are under the jurisdiction of the San Joaquin County Environmental Health Department Drinking Water Program.

In addition to the Century MHP and Sunny Rd property, the Project will allow residences along Sunny Rd to connect with the City’s distribution system. One resident has expressed interest in connecting with the City distribution. The City of Stockton will pursue service agreements with the following:
x 3509 Sunny Rd.

The project will include the construction of laterals to the residence along Sunny Rd. The construction will include the abandonment of the existing private well (per County specifications). Connection to the City’s distribution system with a Reduced Pressure Back Flow Prevention device and flow meter per City Standards. The contractor will ensure that all existing landscaping/infrastructure is properly restored.

In addition to providing water services to the 3509 Sunny Rd residence, it is recommended that the City install limited water service infrastructure in the public right-of-way where residents have previously

ATTACHMENT B
398
Prop 1 Consolidation
Engineering Report
January 2023
2 considered a connection. In these cases, the project will include a Corp Stop 1” service line with a capped and locked angle meter stop inside a water meter box to the following residences:
x 3401 Sunny Rd.
x 3419 Sunny Rd.
x 3440 Sunny Rd.
2 Project Description
Century Mobile Home Park (Century MHP) in combination with the Sunny Rd property have received Proposition 1 funding (Agreement No. D1612806) to assist their systems in meeting safe drinking water standards of domestic water supply. Historically, Century MHP received Proposition 84 funding (Agreement No. 84-12C102) as the project progressed project funding changed to a Proposition 1 contract with the State Water Board, Division of Financial Assurance, under a Technical Assitance Work Plan (AR 5643). Historically, both water systems have exceeded the State of California’s (State’s) arsenic Maximum Contaminant Level (MCL). Additionally, Century MHP has previously exceeded the nitrate MCL.

Century MHP had explored the use of different wells and was able to meet the nitrate MCL, however, Century MHP continues to exceed arsenic concentrations. The water system is required to achieve compliance with applicable requirements of the Safe Drinking Water Act, including compliance with the primary MCLs for arsenic of 10 parts per billion (ppb) and nitrate of 45 milligrams per liter, as prescribed within CCR Title 22. On May 23, 2008, the San Joaquin County Environmental Health Department (SJEHD) issued a Notice of Non-Compliance Federal Arsenic MCL Violation letter. The letter required Century MHP to develop a plan to provide water that meets the arsenic MCL. A table of water quality monitoring for the last two years can be found in Attachment B.

The Sunny Rd property received a notice of violation for arsenic levels higher than the MCL of 10 ppb. The system continues to be in violation of arsenic MCL’s. The most recent notice of violation was sent from San Joaquin County Environmental Health on November 28, 2017. The Sunny Rd water system is required to develop plans to comply with the arsenic MCL limit. A table of water quality monitoring for the last two years can be found in Attachment B.

The purpose of this engineering report is to evaluate the potential of consolidating the Century MHP and Sunny Rd water systems with the City of Stockton (City) water system. The consolidation evaluation has considered the following factors:
x Century MHP potable water demands
x Silvia Avalos estimated potable water demands
x Distance to the nearest City point of connection
x Estimated cost of improvements required for consolidation (pipeline, meter, valves, connection fees, etc.)
x Acceptability of consolidation to the City

ATTACHMENT B
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January 2023
3 3 Alternative Solutions
There are three reasonable alternatives for the water systems to consider. Due to the proximity of the City water distribution line in Frontage Rd. The water systems could extend the 12” water line along Frontage and Sunny Rds. This option provides a permanent solution to MCL violations. The initial cost of installation is high, but the operations and maintenance fees will be limited to the City water rates. If the systems consolidate with the City water distribution, then the existing wells well need to be decommissioned and abandoned.

The second option is for the water systems to consolidate with each other. Since neither of the water systems meets the MCL limit they would need to install a treatment plant. This alternative would afford flexibility in the design and maintenance of the treatment plant. A combined water system would provide redundancy in the now individual wells. The downside to this option is high initial costs and high continued operational costs. This option also does not account for future variability in water quality that the treatment plant would be required to meet.

Finally, each water system can construct individual treatment plants for their properties. This option has the highest cost but greatest flexibility in design. Ultimately this is a poor alternative since the first two options have a lower cost.

Given the alternatives for meeting the arsenic MCL’s it is recommended that the water systems consolidate with the City distribution main in Frontage Rd. This option will have the lowest cost and not require development of new treatment systems for the properties. 4 Consolidation Feasibility
This section describes anticipated conditions and improvements for the Century MHP and the Sunny Rd Property to consolidate with the City. The evaluation considers how effectively consolidation meets the water quality requirements and the estimated cost and time for implementation.

The Municipal Utilities Department (MUD) of the City of Stockton provides water services to the residents and businesses in the north and south Stockton areas. California Water Service (CalWater), a private company, is the provider for most of central Stockton. The location of Century MHP is closest to the MUD service area. Approximately 25 percent of the City’s water supply originates from groundwater wells with the remaining water supply from treated surface water supplied by the Stockton East Water District (SEWD) and the Delta Water Treatment Plant. The 2018 Drinking Water Quality Report issued by the City indicates that the City’s water supply meets all State water quality requirements.

Consolidation of the Century MHP water system with the City would require the installation of a new water line to an existing City-owned water main. A review of the City’s distribution system shows the nearest water main adequately sized for the proposed connection is a 12-inch main on the SR-99 frontage road which terminates on the north side of Weber Slough.

Century MHP and the Sunny Rd property will each be responsible for connections to City water main extensions along E Sunny Rd and Kingsley Rd. Prior to connections, Century MHP and Sunny Rd property

ATTACHMENT B
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Prop 1 Consolidation
Engineering Report
January 2023
4 will need to abandon and decommission their existing wells. The three wells to be decommissioned will need to follow San Joaquin County Well Standards Section 6 on the destruction of wells. In addition to decommissioning their existing wells, the systems will need to be properly disinfected and be updated to conform with all City standards. Of paramount importance, the properties will need to install City approved reduced pressure backflow prevention devices. Finally, each property will surrender their domestic water supply permits and connect with the restructured City distribution system.

Century MHP has received multiple “will serve” letters from the City, since the last letter expired on November 2nd, 2018 the current letter is under development by City. Since the City has been involved in this process it is expected that the new letter will be similar to the previous letters. The previous letter permits Century MHP to connect to the City’s water system if the following is completed:

1. A conditional utility service agreement for future annexation to the City on demand by the City is signed.

2. Century MHP extends the 12-inch water main under Weber Slough, south on the SR-99 frontage road to the southerly property line and east to the eastern property line of the subject property and all other required masterplanned utilities, in accordance with applicable City and County standards. Century MHP is responsible for all costs associated with the design and construction of the water main extension.

3. Payment of connection fees.

4. Acquisition of all applicable permits including a City encroachment permit, County encroachment permit, and any other Federal, State, and/or local jurisdictional permits.

5. Local Agency Formation Commission of San Joaquin County (LAFCO) review, fees, and approval.

6. Completion of any General Plan Amendments.

A copy of the expired “will serve” letter and historical correspondence with the City is provided in Attachment B. A new “will serve” letter is being prepared by the City and is not included in this report.

The letter will be the fourth “will-serve” letter from the City. The first, second, and third letters expired on July 7, 2013, and July 1, 2015, and November 2, 2018, respectively. 5 Water Demands
This section presents the water needs of the properties for an average day, maximum day, and peak-hour use. Water use data for Century MHP is summarized in Table 1. Table 1 includes estimates for Average Day Demand (ADD), Maximum Day Demand (MDD) and Peak Hour Demand (PHD). Calculations of water use are based on monitoring data from Nov 2011 to Nov 2012. For this time period, the maximum average flows were recorded in the month of May. Using recorded flows from May as the ADD, the MDD and PHD can be estimated using peaking factors from the City of Stockton Master Plan [1]. The estimates indicate an MDD of 6,900 gallons per day (gpd) and a PHD of 12 gallons per minute (gpm) for Century MHP.

No recorded data is available for the Sunny Rd water system. The Master Plan presents water use estimates for various land use types for new construction. Of the five land-use factors presented in the Master Plan, the most appropriate category is multi-family residential. Since the Sunny Rd property is 2 acres, the estimated ADD is 9,300 gpd. Applying City peaking factors, the MDD was found as 15,800 gpd.

PHD was found to be 22.5 gpm. Flow estimates can be seen in Table 2.

ATTACHMENT B
401
Prop 1 Consolidation
Engineering Report
January 2023
5 The City requires all new distribution systems be able to provide minimum velocity, head loss, and pressure under various design scenarios. Multi-family residential land use requires, the distribution main to provide 3,000 gpm for three hours of fire flow. In the Master Plan West Yost and Associates performed an analysis of existing City distribution systems. Per Figure 7-4 of the City Master Plan provided in this report as Figure 1, pressures along Arch Rd under PHD were greater than 55 psi during PHD. Using 55 psi at Arch Rd under PHD, the minimum pressure in the system would be 53.5 psi experienced at the Sunny Rd property. When evaluating the MDD and fire flow scenario, the Master Plan only presents the pressure around Arch Rd was greater than 20 psi. The results of the two control scenarios can be seen in Table 3.

The distribution mains along Frontage and E Sunny Rd meet city requirements in both velocity and head loss. In the absence of pressure data along Frontage Rd, design checks based on pressure were limited to PHD flow.

Table 1 - Century MHP Water Use Data
Time Period
Days
in time
period
Gallons
used,
(gal)
Average Day
Demand,
(gpd)a
Maximum
Day Demand,
(gpd)b
Peak Hour
Demand,
(gpm)c
11/27/11 - 12/15/11 18 49,940 2,774 4,717 11.5
12/15/11 - 1/15/12 31 106,900 3,448 5,862 14.2
1/15/12 - 2/19/12 35 79,830 2,281 3,877 9.4
2/19/12 - 3/22/12 32 77,203 2,413 4,101 10.0
3/22/12 - 4/23/12 32 86,627 2,707 4,602 11.2
4/23/12 - 5/23/12 30 92,616 3,087 5,248 12.8
5/23/12 - 6/23/12 31 118,789 3,832 6,514 15.8
6/23/12 - 7/22/12 29 89,105 3,073 5,223 12.7
7/22/12 - 8/25/12 34 106,852 3,143 5,343 13.0
8/25/12 - 9/23/12 29 79,817 2,752 4,679 11.4
9/23/12 - 10/23/12 30 87,382 2,913 4,952 12.0
10/23/12 - 11/23/12 31 76,110 2,455 4,174 10.1
a Average Day Demand = Gallons used/days in time period b Maximum Day Demand = ADD x 1.7 [2]
c Peak Hour Demand = MDD/(24·60) x 3.5 [2]
Table 2 – Sunny Rd Property Water Use Data
Demand Factor
(gpd/ac)
Area
(ac)
Average Day
Demand,
(gpd)a
Maximum
Day Demand,
(gpd)b
Peak Hour
Demand,
(gpm)c
4,642d 2.00 9,266 15,752 22.5
a Average Day Demand = Gallons used/Days in time period b Maximum Day Demand = ADD x 1.7 [2]
c Peak Hour Demand = MDD/(24·60) x 3.5 [2]
d Potable Water Master Plans Supplement/Master Plan Multi-Family Residential demand factor

ATTACHMENT B
402
Prop 1 Consolidation
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January 2023
6 The Master Plan requires distribution system services with more than 25 connections to have looped connections. Looped connections provide better distribution and transient mitigation. However since, both the Century MHP and Sunny Rd property have less than 25 connections each, they are allowed singlepoint connections. It is expected that the extended water mains will have a useful life of 35 to 40 years.

Table 3 - Century MHP and Sunny Rd Control Scenarios
Parameter MDD + Fire Flow PHD
Requirement Design Requirement Design
Velocity (ft/s) < 10.0 8.9 < 7.0 0.1
Head loss (ft/1,000ft) < 10.0 9.6 < 7.0 0.0
Pressure (psi) > 20.0 — > 45.0 53.5

ATTACHMENT B
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7 Figure 1 - Water Pressure Under PHD as Evaluated by West Yost and Associates [1]

ATTACHMENT B
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January 2023
8 It is approximately 2,000 feet of pipe (1,100 feet of pipe from the existing main to the southerly property line of Century MHP and 900 feet of pipe from the SR-99 frontage road to the eastern property line of Sunny Rd) of 12-inch water pipe will be necessary to meet the City requirements. Four existing wells will need to be abandoned before connection to the City distribution system. These wells include one private residence, both the Century Mobile Home Park existing wells and the Sunny Rd existing well. Existing wells will need to be abandoned per County specifications. The 12-inch water alignment will be in the City rightof-way and County right-of-way. The total project cost is estimated to be $1,421,588. The construction portion of the Project is estimated to cost $990,700 and includes a 10% construction contingency.

Construction of the water main extension is estimated to last 4-6 months. Additional costs for permits and regulatory fees for the Project are estimated to be $125,318. Table 4 provides a detailed breakdown of the Project cost estimate.

City and regulatory agencies were consulted to project requirements associated with the construction of the water line and establishment of City water service to Century MHP. Table 5 lists the responses from the agencies who were contacted as part of this Consolidation Feasibility Study. Attachment G includes copies of permit applications and instructions for applicable regulatory agencies.

Table 4 - Project Cost Estimate
Item Unit Quantity Unit Cost, $ Total Unit
Cost, $
Mobilization and Staging ls 1 43,000 43,000
Connections to Existing System ea 1 13,000 13,000
Abandonment of Existing Wells ea 4 12,000 48,000
12" Class 200 PVC Piping within C.O.S. lf 506 250 126,500 12" Class 200 PVC Piping within S.J.C. lf 1350 250 337,500 12" Class 200 FPVC Piping within S.J.C. lf 147 300 44,100 12" Butterfly Valve w/ Valve Box ea 11 6,500 71,500
Residential Laterals w/ Meter ea 1 19,000 19,000
Residential Lateral w/ Stub Out ea 3 7,000 21,000
Fire hydrants 2 ea 6 14,000 84,000
Permanent Blow Off Valves ea 2 6,500 13,000
Service Connections w/ Meters ea 2 32,000 64,000
Erosion Control ls 1 38,900 38,900
Traffic Control days 21 3,200 67,200
Estimated Construction Cost 990,700
10% construction contingency 99,070
Construction Cost Subtotal 1,089,770
Permits and Applications 125,318
City Administration Cost 16,500
Preparation of bid documents 50,000
Consultant assistance during bidding 25,000
Engineering services during construction 25,000
Construction management 90,000
Estimated project cost 1,421,588

ATTACHMENT B
405
Prop 1 Consolidation
Engineering Report
January 2023
9 Table 5 - City and Regulatory Agency Responses
Agency Summary of information provided:

City of Stockton, MUD City provided a "will-serve" letter, dated July 1, 2013. City was made aware of timeline for preparing a draft water service agreement by August 24, 2013 and language which needs to be included in the water service agreement, per the Guidelines for Consolidation Projects (Proposition 1 Version) issued by the California Department of Public Health Safe Drinking Water State Revolving Fund. Required language for the water service agreement requirements could be added to the City's standard Conditional Annexation Agreement and will need approval from the City Attorney's Office.

City of Stockton,
Community Development
Department, Planning &
Engineering Services
Division
Improvement plans for the water line will need to be submitted. A City encroachment permit will be needed for the water line. The encroachment permit has a base fee of $523; inspection fee of 3.5% of the engineer's estimate from the improvement plan review; a tech fee of

7.5% of the base fee + inspection fee; and a CRS fee of 2% of the base fee + inspection fee.

San Joaquin County,
Permit Division
The County encroachment permit application can be downloaded from the County's website. Drawings, cross-sections, and trench backfill sections should be provided. For this Project, the permit fee is estimated to be approximately 16,800. Plans should include traffic control; reference Caltrans standards. Four sets of drawings should be provided.

Submit plans at the 90% design stage. No work is allowed on County roads between Nov. 1 through March 31. Plan review may take 4-6 weeks, overall. If the area is going to be repaved before the Project begins, the Project will need to include replacing all of the pavement for the road.

San Joaquin County Flood
Control
A watercourse encroachment permit will be required for the crossing of Weber Slough. The permit fee is $350, plus additional costs.

Central Valley Flood
Protection Board
A Central Valley Flood Protection Board permit is not required for the Weber Slough crossing. Weber Slough is not listed in Table 8.1 of the California Code of Regulations Title 23 Waters.

California Department of
Fish and Wildlife (DFW)
DFW should be notified of the slough crossing per Code 1602.

Notification forms are available on the department's website. Following submission of the notification form, the DFG will determine if permits are required. Environmental work should be completed. Plan for 90 days to get draft agreement. Final permit is good for 5 years.

United States Army Corps
of Engineers
Environmental review will be key to determining if the Project falls under the jurisdiction of the Army Corps. Any wetland or water of the U.S. falls under jurisdiction of the Army Corps.

San Joaquin Local Agency
Formation Commission
(LAFCO)
LAFCO approval will be needed for this Project. City will be the applicant for providing the service and is familiar with the process for obtaining LAFCO approval. Typically, City will provide applicant with the paperwork to complete and then will submit the paperwork to LAFCO for approval.

Plan for 60 days to obtain approval. Process could be expedited if letter is provided regarding water quality issues. Fee is $300 per unit.

ATTACHMENT B
406
Prop 1 Consolidation
Engineering Report
January 2023
10 6 Proposed Schedule
Project will be completed prior to three years from the funding agreement execution date. Total construction time for the project is estimated to be 246 working days or 11 ½ months. An itemized project schedule has been included as part of Attachment E.
7 References
[1] Duncan, Charles T., West Yost and Associates Consulting Engineers, City of Stockton Water Master Plan, July 2008.
[2] Johnston, Patrick., West Yost and Associates Consulting Engineers, Stockton General Plan Update—Potable Water Master Plan Supplement, December 2017.

ATTACHMENT B
407
Prop 1 Consolidation
Engineering Report
January 2023
A

ATTACHMENT A

MAP OF EXISTING FACILITIES

ATTACHMENT B
408

DOMESTIC WATER LINE

SILVIA AVALOS PROPERTY
1" = 100'
0 100 200
SCALE:

SUNNY ROAD

RIGHT OF WAY

SILVIA AVALOS

PROPERTY
WELL 2
PARCEL
JANUARY 2020
602 LYELL DRIVE, MODESTO, CA 95356 PH. 209.322.1820

CENTURY MHP

CENTURY MHP
CA 99 SOUTH
CA 99 NORTH

KINGSLEY RD
LEGEND
WELL

APPROXIMATE LOCATION OF

SILVIA AVALOS WATER SYSTEM
TWO 200 GAL

POTABLE WATER

STORAGE TANKS

SEPTIC TANK AND

LEECH FEILD

CENTURY MHP AND SILVIA

AVALOS WATER

CONSOLIDATION

APPENDIX A - MAP

OF EXISTING UTILITIES

LAYOUT OF CENTURY

MHP WATER SYSTEM

UNKNOWN
3401 3419 3509
3440

ATTACHMENT B
409
Prop 1 Consolidation
Engineering Report
January 2023
B

ATTACHMENT B

DOCUMENTS JUSTIFYING RANKED PROBLEM
“WILL SERVE” LETTER FROM CITY OF STOCKTON

CENTURY MHP NOTICE OF VIOLATION

SILVIA AVALOS NOTICE OF VIOLATION

CENTURY MHP WATER QUALITY DATA

SILVIA AVALOS WATER QUALITY DATA

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ATTACHMENT B
441
Water Quality Data for 2 years Century MHP
— indicates no data available
6/11/2019 3/7/2019 12/5/2018 11/3/2018 9/7/2018 8/13/2018 6/4/2018 5/2/2018 3/2/2018 2/7/2018 12/6/2017 9/11/2017 7/19/2017 6/21/2017 3/8/2017 Arsenic 10 2 Pg/L 14 16 15 — 14 — 16 — 14 — 15 12 — 15 13 Nitrate + Nitrite 10 0.4 mg/L — — — — — — — — — — 0 — — — —Nitrite 1 0.4 mg/L — — — — — — — — — — 0 — — — —Nitrate 10 0.4 mg/L — — 0.4 — — — — — — — 0 — — — —Mercury 2 1 Pg/L — — — — — — — — — — 0 — — — —Selenium 50 5 Pg/L — — — — — — — — — — 0 — — — —Aluminum 1000 50 Pg/L — — — — — — — — — — 0 — — — —Antimony 6 6 Pg/L — — — — — — — — — — 0 — — — —Silver 100 10 Pg/L — — — — — — — — — — 0 — — — —Nickel 100 10 Pg/L — — — — — — — — — — 0 — — — —Thallium 2 1 Pg/L — — — — — — — — — — 0 — — — —Lead 0 5 Pg/L — — — — — — — — — — 0 — — — —chromium (total) 50 10 Pg/L — — — — — — — — — — 0 — — — —Cadmium 5 1 Pg/L — — — — — — — — — — 0 — — — —Beryllium 4 1 Pg/L — — — — — — — — — — 0 — — — —Barium 1000 100 Pg/L — — — — — — — — — — 140 — — — —Fluride (natural-source) 2 0.1 MG/L — — — — — — — — — — 0 — — — —Specific Conductance 1600 0 US — — — — — — — — — — — — 240 — —M,P-Xylene 0 0.5 Pg/L — — 0 — — — — — — — — — — — —Trichlorotrifluoroethane 1200 10 Pg/L — — 0 — — — — — — — — — — — —Xylenes (total) 1750 0.5 Pg/L — — 0 — — — — — — — — — — — —O-xylene 0 0.5 Pg/L — — 0 — — — — — — — — — — — —Styrene 100 0.5 Pg/L — — 0 — — — — — — — — — — — —Cis-1,2-dichloroethylene 6 0.5 Pg/L — — 0 — — — — — — — — — — — —Methyl-tert-butyl-ether (mtbe) 13 3 Pg/L — — 0 — — — — — — — — — — — —Trichloroethylene 5 0.5 Pg/L — — 0 — — — — — — — — — — — —Vinyl chloride 0.5 0.5 Pg/L — — 0 — — — — — — — — — — — —1,4-Dichlorobenzene 5 0.5 Pg/L — — 0 — — — — — — — — — — — —1,3-Dichloropropene (total) 0.5 0.5 Pg/L — — 0 — — — — — — — — — — — —1,2,4-Trichlorobenzene 5 0.5 Pg/L — — 0 — — — — — — — — — — — —Trans-1,2-dichloroethylene 10 0.5 Pg/L — — 0 — — — — — — — — — — — —1,2-Dichloropropane 5 0.5 Pg/L — — 0 — — — — — — — — — — — —1,2-Dichlorobenzene 600 0.5 Pg/L — — 0 — — — — — — — — — — — —1,2-Dichloroethane 0.5 0.5 Pg/L — — 0 — — — — — — — — — — — —1,1,2,2-Tetrachloroethane 1 0.5 Pg/L — — 0 — — — — — — — — — — — —1,1,2-Trichloroethane 5 0.5 Pg/L — — 0 — — — — — — — — — — — —1,1,1-Trichloroethane 200 0.5 Pg/L — — 0 — — — — — — — — — — — —1,1-Dichloroethylene 6 0.5 Pg/L — — 0 — — — — — — — — — — — —1,1-Dichloroethane 5 0.5 Pg/L — — 0 — — — — — — — — — — — —Trichlorofluoromethane freon 11 150 5 Pg/L — — 0 — — — — — — — — — — — —Tetrachloroethylene 5 0.5 Pg/L — — 0 — — — — — — — — — — — —Dichloromethane 5 0.5 Pg/L — — 0 — — — — — — — — — — — —Ethyl benzene 300 0.5 Pg/L — — 0 — — — — — — — — — — — —Monochlorobenzene 70 0.5 Pg/L — — 0 — — — — — — — — — — — —Benzene 1 0.5 Pg/L — — 0 — — — — — — — — — — — —Toluene 150 0.5 Pg/L — — 0 — — — — — — — — — — — —Carbon tetrachloride 0.5 0.5 Pg/L — — 0 — — — — — — — — — — — —1,2,3-Trichloropropane (1,2,3-TCP) 0.005 0.005 Pg/L — — — 0 — 0 — 0 — 0 — — — — —Ethylene Dibromide (EDB) 0.5 0.02 Pg/L — — — — — — — — — — 0 — — — —Dibromochloropropane (DBCP) 0.2 0.01 Pg/L — — — — — — — — — — 0 — — — —Perchlorate 6 4 Pg/L — — — — — — — — — — — — 0 — — Description Results Unit DLR MCL

ATTACHMENT B
442
Water Quality Data for 2 years Silvia Avalos Properties — indicates no data available
4/1/2019 1/30/2019 1/15/2019 10/5/2018 7/6/2018 4/4/2018 1/4/2018 7/5/2017 4/5/2017 1/11/2017 Arsenic 10 2 Pg/L 13 10 13 12 13 13 12 12 13 13Nitrate + Nitrite 10 0.4 mg/L — 0 0.2 — — — — — — —Corrosivity 0 0 — 12 10.1 — — — — — — —Turbidity 5 0.1 NTU — 0.28 0.2 — — — — — — —Asbestos 7 0.2 MFL — 0 — — — — — — — —Alachlor 2 1 Pg/L — 0 — — — — — — — —Mercury 2 1 Pg/L — 0 1 — — — — — — —Hydroxide Alkalinity 0 0 MG/L — 0 10 — — — — — — —Langelier Index @ 60 C 0 0 — -0.3 — — — — — — — —TDS 1000 0 MG/L — 170 220 ———————Simazine 4 1 Pg/L — 0 — — — — — — — —Atrzine 1 0.5 Pg/L — 0 — — — — — — — —Foaming Agents (MBAS 0.5 0 MG/L — 0 0.05 — — — — — — —Selenium 50 5 Pg/L — 0 5 — — — — — — —Aluminum 1000 50 Pg/L — 0 50 — — — — — — —Antimony 6 6 Pg/L — 0 6 — — — — — — —Zinc 5000 50 Pg/L — 0 50 — — — — — — —Silver 100 10 Pg/L — 0 10 — — — — — — —Nickel 100 10 Pg/L — 0 10 — — — — — — —Thallium 2 1 Pg/L — 0 1 — — — — — — —Manganese 50 20 Pg/L — 99 50 — — — — — — —Lead 0 5 Pg/L — 0 5 — — — — — — —Iron 300 100 Pg/L — 0 100 — — — — — — —Copper 1000 50 Pg/L — 0 50 — — — — — — —chromium (total) 50 10 Pg/L — 0 10 — — — — — — —Cadmium 5 1 Pg/L — 0 1 — — — — — — —Beryllium 4 1 Pg/L — 0 1 — — — — — — —Barium 1000 100 Pg/L — 130 128 — — — — — — —Fluride (natural-source) 2 0.1 MG/L — 0 0.1 — — — — — — —Sulfate 500 0.5 MG/L — 0 0.5 — — — — — — —Chloride 500 0 MG/L — 7.9 61 — — — — — — —Potassium 0 0 MG/L — 0 59 — — — — — — —Sodium 0 0 MG/L — 28 30 — — — — — — —Magnesium 0 0 MG/L — 4.5 5 — — — — — — —Calcium 0 0 MG/L — 14 14 — — — — — — —Hardness CaCO³ 0 0 MG/L — 54 55.5 — — — — — — —Nitrite 1 0.4 mg/L — 0 0.4 — — — — — — 0.4Nitrate 10 0.4 mg/L — 0 0.4 — — — — — — 0.4Carbonate Alkalinity 0 0 MG/L — 0 10 ———————Bicarbonate Alkalinity 0 0 MG/L — 12 120 ———————Alkalinity as CaCO³ 0 0 MG/L — 100 100 — — — — — — —pH 0 0 — 8.1 6.6 — — — — — — —Specific Conductance 1600 0 US — 220 438 — — — — — — —Odor Threshold 3 1 Ton — 0 4 — — — — — — —Color 15 0 Units — 0 5 — — — — — — — Results MCL DLR Unit Description

ATTACHMENT B
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Engineering Report
January 2023
C

ATTACHMENT C
MAP OF SYSTEM’S PROPOSED FACILITIES

ATTACHMENT B
444
12''W
12''W
12''W
12''W 12''W 12''W 12''W 12''W

DOMESTIC WATER LINE

SILVIA AVALOS PROPERTY

FIRE HYDRANT
BUTTERFLY VALVE 1" = 100'
0 100 200
SCALE:

SUNNY ROAD

RIGHT OF WAY

SILVIA AVALOS

PROPERTY

NEW FIRE

HYDRANT TYP

FROM CONNECTION TO THE CITY

OF STOCKTON FORCE MAIN NORTHOF WEBER SLOUGH

PERMANENT BLOW

OFF VALVE
PARCEL

CENTURY MHP AND SILVIA

AVALOS WATER

CONSOLIDATION
JULY 2019
602 LYELL DRIVE, MODESTO, CA 95356 PH. 209.322.1820

APPENDIX C - PROPOSED

PERMANENT BLOW

OFF VALVE

CENTURY MHP

CENTURY MHP
CA 99 SOUTH
CA 99 NORTH

KINGSLEY RD
LEGEND

APPROXIMATE LOCATION OF

CITY FLOW METER AND REDUCED

PRESSURE BACKFLOW PREVENTER
CONNECTION TO EX. BY OTHERS

APPROXIMATE LOCATION

OF CITY FLOW METER

AND REDUCED PRESSURE

BACKFLOW PREVENTER

CONNECTION TO

EXSITING BY OTHERS

EX WELL AND

STORAGE TO BE

DECOMMISSIONED

AND REMOVED BY
OTHERS

EX WELL TO BE

DECOMMISSIONED

AND REMOVED BY
OTHERS

ATTACHMENT B
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Prop 1 Consolidation
Engineering Report
January 2023
D

ATTACHMENT D

DETAILED COST ESTIMATE

ATTACHMENT B
446
Prepared By: TCL
Checked By: JMB
Date: 11/30/2022
Item Unit Quantity Unit Cost, $ Total Unit Cost, $
Century MHP Obligations
Mobilization and Staging ls 1 43,000 43,000
Connections to Existing System ea 1 13,000 13,000
Abandon Existing Well ea 2 12,000 24,000
12" Class 200 PVC Piping within C.O.S. 1 lf 506 250 126,500 12" Class 200 PVC Piping within S.J.C. 1 lf 937 250 234,250 12" Butterfly Valve w/ Valve Box ea 7 6,500 45,500
Fire Hydrants 2 ea 4 14,000 56,000
Permanent Blow Off Valves ea 2 6,500 13,000
Service Connections w/ Meters ea 1 32,000 32,000
Erosion Control ls 1 28,000 28,000
Traffic Control days 15 3,200 48,000
Sunny Rd Obligations
Abandon Existing Well ea 1 12,000 12,000
12" Class 200 PVC piping within S.J.C. 1 lf 413 250 103,250 12" Class 200 FPVC piping within S.J.C.1 lf 147 300 44,100 12" Butterfly Valve w/ Valve Box ea 4 6,500 26,000
Fire Hydrants 2 ea 2 14,000 28,000
Service Connections w/ Meters ea 1 32,000 32,000
Residential Lateral w/ Stub Out ea 3 7,000 21,000
Erosion Control ls 1 10,900 10,900
Traffic Control days 6 3,200 19,200
Jack Lo Obligations
Abandon Existing Well ea 1 12,000 12,000
Residential Lateral w/ Meter ea 1 19,000 19,000
990,700
99,070
1,089,770
125,318
16,500
50,000
25,000
25,000
90,000
1,421,588
Permits Unit Quantity Unit Cost, $ Total Unit Cost, $
City of Stockton Encroachment Permit LS 1 11,000 11,000 City of Stockton Plan Check % Const. Cost 1 36,150 36,150 City of Stockton Water Connection Fee EA 2 12,500 25,000 LS 1 121 121 LF 1497 0.25 374 SJ Encroachment Permit LS 1 350 350 LS 1 116 116 LF 1497 0.53 793 SJ Plan Check LS 1 36,150 36,150 SJ Water Course Encroachment Permit LS 1 350 350 USACE Permit LS
California Dept of Fish and Wildlife LS 1 5,313 5,313 LAFCO OutͲOfͲAgency Service Agreement Fee ESFR 32 300 9,600 Total Permit/Fee: 125,318
Notes
1 Includes trenching and trench patch (does not include roadway/lane resurfacing or overlay) 2 Includes lateral and valves Engineering services during construction
Construction management
Estimated Project Cost
10% construction contingency
Construction Cost Subtotal
Permits and Applications
Preparation of bid documents
Consultant assistance during bidding
City Administration Cost
SJ Inspection feeͲPaved Frontage
602 Lyell Drive, Modesto, CA95356T: 209.322.1820F: 209.222.4088www.blackwaterͲeng.com City of Stockton Municipal Utilities Department
Estimated Construction and Project Cost for
Century Mobile Home ParkͲSunny Rd
Water System Consolidation with the COS
SJ Inspection feeͲPaved Utility Cut

28.71%

66.95%
Estimated Construction Cost
Engineering, Construction
Services, and
Administration

ATTACHMENT B
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Prop 1 Consolidation
Engineering Report
January 2023
E

ATTACHMENT E

PROPOSED PROJECT SCHEDULE

ATTACHMENT B
448
2023
Apr May Jun Jul Aug Sep Oct Nov Dec Dec Jan
Bid Open
May 16
Notice to ProceedAug 14
Advertise
45 days
Award Contract
90 days
Construction
90 days
Final Acceptance
10 days
Project Closeout
5 days
Project Schedule ATTACHMENT B
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Prop 1 Consolidation
Engineering Report
January 2023
F

ATTACHMENT F

SUPPLEMENTAL INFORMATION FORM

ATTACHMENT B
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ATTACHMENT B
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Prop 1 Consolidation
Engineering Report
January 2023
G

ATTACHMENT G

PERMIT APPLICATION AND INSTRUCTION MATERIALS

FROM REGULATORY AGENCIES

UNITED STATES ARMY CORE OF ENGINEERS

SAN JOAQUIN COUNTY ENCROACHMENT PERMIT

SAN JOAQUIN COUNTY WATER COURSE PERMIT

LAFCO OUT OF SERVICE AGENCY AGREEMENT

CALIFORNIA DEPARTMENT OF FISH AND GAME

CITY OF STOCKTON ENCROACHMENT PERMIT

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ATTACHMENT B
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION TO EXECUTE A FUNDING AGREEMENT WITH THE STATE WATER

RESOURCES CONTROL BOARD TO EXTEND WATER UTILITY SERVICES TO

SUNNY ROAD IN SAN JOAQUIN COUNTY
The State Water Resources Control Board Division of Financial Assistance has requested that the City of Stockton execute a funding agreement to extend water utility services to the Century Mobile Home Park and Sunny Road small public water systems, and four residences along Sunny Road in San Joaquin County; and Previously, water samples found that groundwater wells which supply drinking water to the properties were contaminated with arsenic and nitrate; and The San Joaquin County Environmental Health Department has directed the residents to abandon or retrofit their wells to meet new drinking water regulations; and The two small public water systems and private wells are in a severely disadvantaged community with no sources of private funding to meet these new regulations; and
The most cost-effective option is to abandon the contaminated wells and connect to the City water system; and
The project is outside of the City water service area; however, the proposed alignment is consistent with the Water Utility Master Plan and is within an acceptable distance from the closest existing water main south of Arch Road; and Staff recommends the approval of a funding agreement for project financing through the State Water Resources Control Board to extent water service to Sunny Road; and
All eligible costs for constructing the improvements, staff hours, and connection cost/fees will be funded by the State grant; and
Once water service is started, the residents will pay the City’s established water rates; and
Once completed, this project will provide the residents with a safe and reliable source of drinking water supply into the future; now, therefore, 491

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

1. Authorize City Manager or his designee to execute a funding agreement with the State Water Resources Control Board and any amendments or changes thereto.

2. Authorize City Manager or his designee to carry out responsibilities under the financing agreement including certifying disbursement requests.

3. City Manager or his designee is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED October 17, 2023 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
492
City of Stockton
Legislation Text
File #: 23-0636, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE SOUTH AIRPORT WAY SEPARATED BIKEWAY

PROJECT

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

1. Approve the filing of Notice of Exemption No. NOE01-21 under the California Environmental Quality Act for the South Airport Way Separated Bikeway, Project No. WT18008.

2. Approve the plans and specifications for the South Airport Way Separated Bikeway, Project No. WT18008.

3. Award a Construction Contract in the base bid amount of $1,836,118.30 to McFadden Construction, Inc. of Stockton, CA, for the South Airport Way Separated Bikeway, Project No.

WT18008.

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

Summary
The South Airport Way Separated Bikeway, Project No. WT18008, includes the installation of 3.5 miles of Class IV bicycle lanes, sidewalk gap improvements, upgrade of an existing guardrail, and installation of traffic signal vehicle detection cameras along Airport Way from Dr. Martin Luther King Jr. Boulevard to Performance Drive. The South Airport Way Separated Bikeway project was included in the 2020-25 Five-Year Capital Improvement Plan (CIP).

On May 25, 2023, the City received four bids for this project. Staff recommends award of the Construction Contract to the lowest responsible bidder, McFadden Construction, Inc., in the amount of $1,836,118.30. Staff recommends that Council adopt a resolution approving Notice of Exemption No. NOE01-21 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to be completed by spring of 2024.

DISCUSSION
Background
In December 2017, Public Works submitted grant applications for the Measure K Bicycle, Pedestrian, and Safe Routes to School and Smart Growth Incentive Program. This program is administered by the San Joaquin Council of Governments and is designed to improve infrastructure that will assist City of Stockton Page 1 of 3 Printed on 10/12/2023
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File #: 23-0636, Version: 1
local agencies in better integrating transportation and land use. The South Airport Way Separated Bikeway project was one of the projects submitted for funding consideration and was awarded $2,020,000 for design, environmental, and construction.

The South Airport Way Separated Bikeway project includes the installation of 3.5 miles of Class IV bicycle lanes, sidewalk gap improvements, upgrade of an existing guardrail, and installation of traffic signal vehicle detection cameras along Airport Way from Dr. Martin Luther King Jr. Boulevard to Performance Drive. The South Airport Way Separated Bikeway project was included in the 2020-25 Five-Year CIP.

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was applied to this project as the estimated project cost is more than $1 million.

Present Situation
On April 27, 2023, the South Airport Way Separated Bikeway, Project No. WT18008, was advertised for bids. On May 25, 2023, four bids were received with the following results:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
McFadden Construction, Inc. $1,836,118.30 $1,744,312.38 (Stockton, CA)
B&M Builders, Inc. $2,278,181.00 $2,278,181.00
(Rancho Cordova, CA)
St. Francis Electric, LLC $2,694,000.00 $2,694,000.00
(San Leandro, CA)
Ray’s Electric $2,989,516.50 $2,989,516.50
(Oakland, CA)
Engineer’s Estimate $1,964,331.16
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The bid from McFadden Construction, Inc., the lowest responsible bidder, is regular in all respects.

McFadden Construction, Inc. has the proper license to perform the work. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to McFadden Construction, Inc. in the amount of $1,836,118.30.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under City of Stockton Page 2 of 3 Printed on 10/12/2023
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File #: 23-0636, Version: 1
Section 15301(c) of the CEQA Guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE01-21 under CEQA.

Construction is anticipated to be completed by spring of 2024.

FINANCIAL SUMMARY
There are sufficient funds in Project No. WT18008 to award a Construction Contract in the amount of $1,836,118.30.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.

Attachment A - Vicinity Map
City of Stockton Page 3 of 3 Printed on 10/12/2023
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495
MARTIN LUTHER KING JR./CHARTER WAY

MARIPOSA ROAD

EL DORADO STREET AIRPORT WAY

SPERRY ROAD

ARCH-AIRPORT WAY

FRENCH CAMP ROAD

FRENCH CAMP ROAD

AIRPORT WAY

HOWARD ROAD

H STREET

SOUTH AIRPORT WAY SEPARATED BIKEWAY
PROJECT (CITY PROJECT NO. WT18008 )

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A

VICINITY MAP

NOT TO SCALE
LEGEND

PROJECT LIMITS

PROJECT LOCATION
496
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING NOTICE OF EXEMPTION NO. NOE01-21, APPROVING

THE PLANS AND SPECIFICATIONS, AND AWARDING A CONSTRUCTION

CONTRACT FOR THE SOUTH AIRPORT WAY SEPARATED BIKEWAY, PROJECT NO. WT18008
On May 25, 2023, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the South Airport Way Separated Bikeway, Project No. WT18008; and
The project will install 3.5 miles of Class IV bicycle lanes, limited sidewalk improvements, upgrade of an existing guardrail, and installation of traffic signal vehicle detection cameras along Airport Way from Dr. Martin Luther King Jr. Boulevard to Performance Drive; and
McFadden Construction, Inc. is the apparent low bidder in the amount of $1,836,118.30, and its bid is regular and responsible in all respects; and The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves the filing of Notice of Exemption No. NOE01-21 under CEQA for the South Airport Way Separated Bikeway, Project No. WT18008, a copy of which is attached as Exhibit 1, incorporated by this reference.

2. The City Council approves the plans and specifications for the South Airport Way Separated Bikeway, Project No. WT18008.

3. The City Council awards a Construction Contract between the City of Stockton and McFadden Construction, Inc. in the amount of $1,836,118.30, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2, incorporated by this reference.
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//
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497

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

PASSED, APPROVED, and ADOPTED October 17, 2023 .
_________________________
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
___________________________
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
498
TO: COUNTY CLERK

COUNTY OF SAN JOAQUIN

CITY OF STOCKTON

NOTICE OF EXEMPTION
FROM: Lead Agency
City of Stockton
EXHIBIT 1
44 N. San Joaquin Street, Suite 260
Stockton, CA 95202
Economic Development Dept.
425 N El Dorado Street, #3
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(8) AND CALIFORNIA CODE OF REGULATIONS TITLE 141 SECTION 15062

PROJECT DATA
Project Title: Request for the South Airport Separated Bikeway Project, for the City of Stockton's Public Works Department
Project Title: Request for the South Airport Separated Bikeway Project, for the City of Stockton's Public Works Department
CEQA Exemption File No.: NOE01-21 (PW1808)
Applicant: Public Works Department
Project Description: The City of Stockton's Public Works Department is requesting to install buffered bicycle lanes and limited sidewalk gap closureclosures along South Airport Way. The project would upgrade an existing guardrail on the northwest corner of the intersection of South Airport Way and Duck Creek.

DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):

The activity is not a "project," as defined in CEQA Guidelines §15378.

The activity is exempt under the "general rule" at CEQA Guidelines §15061 (B)(3).

The project is "Statutorily Exempt" per CEQA Guidelines§: __ _ _L The project is "Categorically Exempt" per CEQA Guidelines §:15301(c).

BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
_K_ The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).

JODI ALMASSY, DIRECTOR

PUBLIC WORKS DEPARTMENT
By /v(,d{,,,V�
January 14, 2021
(DATE OF PREPARATION)
MOHAMMAD SADIQ, P.E., ASSOCIATE CIVIL ENGINEER (DATE OF FINAL APPROVAL)

AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.

Signature Title
Posting Period Ending Date
499
Local Construction Contract – McFadden Construction, Inc. – Project No. WT18008 (Updated 04/24/23)

CONSTRUCTION CONTRACT
This contract is made and entered into on ___________________, by and between MCFADDEN CONSTRUCTION, INC., a CALIFORNIA CORPORATION, with a business address at 3817 E. FARMINGTON ROAD, STOCKTON, CA 95215, 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 SOUTH AIRPORT WAY SEPARATED BIKEWAY, PROJECT NO. WT18008 (FORMERLY PW1808) 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 $1,836,118.30, 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. 2016-09-27-1213, effective September 27, 2016.

Local Construction Contract – McFadden Construction, Inc. – Project No. WT18008 (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.

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.

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

Local Construction Contract – McFadden Construction, Inc. – Project No. WT18008 (Updated 04/24/23) 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, 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.

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

Local Construction Contract – McFadden Construction, Inc. – Project No. WT18008 (Updated 04/24/23) 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, 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.

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 100 WORKING DAYS beginning on the tenth calendar day after

Local Construction Contract – McFadden Construction, Inc. – Project No. WT18008 (Updated 04/24/23) 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 FOUR THOUSAND AND NO/100 DOLLARS ($4,000.00) 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.

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

Local Construction Contract – McFadden Construction, Inc. – Project No. WT18008 (Updated 04/24/23) Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (EXHIBIT C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace. 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 rates of wages 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

Local Construction Contract – McFadden Construction, Inc. – Project No. WT18008 (Updated 04/24/23) distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.

The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the 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

Local Construction Contract – McFadden Construction, Inc. – Project No. WT18008 (Updated 04/24/23) 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. COMMUNITY WORKFORCE TRAINING AGREEMENT
Pursuant to the implementation of the Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of CWTA. For any project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and no separate compliance with Section 3.68.095 will be required of the Contractors/Employers working on the project (EXHIBIT D). g. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

CITY agrees:

8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of 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.

Local Construction Contract – McFadden Construction, Inc. – Project No. WT18008 (Updated 04/24/23)

9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.

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

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

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

Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.

11. AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement.

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

12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.

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

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

ATTEST:

ELIZA R. GARZA, CMC

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
ADDEN CONSTRUCTION, INC.

Kurt McFadden - President
68-0412254
Tax Identification No.

Local Construction Contract - McFadden Construction, Inc. - Project No. WT18008 (Updated 04/24/23)

EXHIBIT 2
509
(

SOUTH AIRPORT WAY SEPARATED BIKEWA Y
PROJECT NO. WT18008 (FORMERLY PW1808)

BIDDING SCHEDULE
05-16-2023
Each bidder shall bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line-item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive.

Item Description Unit Est.

Quantity
-
1 Mobilization, Demobilization, LS 1
Permits and Insurance on all work
2 Erosion Control LS 1
3 Temporary Traffic Control LS 1
4 Construction Staking LS 1
5 Construction Area Signs LS 1
6 Clearing and Grubbing LS 1
7 AC and Concrete Sawcut LF 1,450
8 Remove Existing AC SF 7,605
9 Remove Existing Concrete SF 1,525
4-0 Rema11e e:*istiR§ G1;1aFElFail hf: SG
10 Remove Existing Guardrail LF 50
11 Remove Existing Pavement Striping LF 27,455
12 Remove Existing Pavement SF 475
Markings
13 Remove Existing Barricade EA 1
14 Remove Existing Bollard EA 3
15 Construct Vertical Curb & Gutter LF 959
16 Construct Concrete Walk SF 5,612
17 Install Truncated Domes on Existing SF 60
Concrete
18 Construct Commercial Driveway Ramp EA 2
Construct Modified Commercial EA 1
19 Driveway Beginning@ Sta 71+56.87
Right
Construct Modified Commercial EA 1
20 Driveway Beginning@ Sta 72+76.96
Right
Bid Forms Page 4 of 14
-- ------- - -- -
Unit price Total Price
80,000.00 80,000.00
1,000.00 1,000.00
41,000.00 41,000.00
6,500.00 6,500.00
6,500.00 6,500.00
13,000.00 13,000.00

3.00 4,350.00

4.38 33,309.90

8.74 13,328.50

48.00 2,400.00

1.50 41,182.50

10.00 4,750.00
2,000.00 2,000.00
300.00 900.00
100.00 95,900.00

22.75 127,673.00
112.39 6,743.40
6,300.00 12,600.00
24,000.00 24,000.00
24,000.00 24,000.00
Last Revised 12/31/20
EXHIBIT A Page 11 of 53 EXHIBIT 2 510
05-16-2023
Item Description Unit Est. Unit price Total Price Quantity Construct Modified Commerciai EA 1
21 Driveway Beginning@ Sta 72+74.22 14,000.00 14,000.00 Left
22 Construct 30' STD Commercial EA 2 27,000.00 54,000.00 Driveway 23 Construct 12.5' STD Commercial EA 1 24,000.00 24,000.00 24 Construct Retaining Curb LF 53 70.00 3,710.00
25 Install AC Deep Lift SF 3,114 40.00 124,560.00
26 Install Midwest Guardrail System, LF 65
Type 16A 75.00 4,875.00
27 Install Guardrail Terminal System, EA 2
Type MSKT 11,850.00 23,700.00
28 Install Traffic Regulatory and Warning EA 78 420.00 32,760.00 Signs
29 Install Blue Reflector Hydrant Markers EA 28 25.00 700.00 30 Adjust Utility Covers and Frames to EA
Grade
6 850.00 5,100.00
31 Place Thermoplastic Pavement SF 1,721 12.00 20,652.00 32 Place 6" White Longitudinal Stripe LF 54,560 2.00 109,120.00 (Buffer Zone)
33 Place 4" White Diagonal Stripe (Buffer LF 6,640 3.00 19,920.00 Zone)
34 Place 2'x6" White Dashed Stripe (Bike LF 2,880
Lane Line) 6.00 17,280.00
35 Place Green Bike Pavement Markings SF 9,840

10.00 98,400.00 (Bike Lane Line)
36 Place 12" White Cross Walk Stripe LF 4,632 8.00 37,056.00 37 Place 24" White Limit Line Stripe LF 1,291 16.00 20,656.00 38 Place Detail 39 Stripe LF 6,386 2.00 12,772.00
39 Place Detail 278 Stripe LF 8,796 2.00 17,592.00
40 Place Detail 8 Stripe LF 3,695 2.00 7,390.00
41 Place Detail 38 Stripe LF 196 3.00 588.00
42 Place Detail 27M Stripe LF 325 2.00 650.00
43 Install 36-inch Channelizer EA 1,060 75.00 79,500.00 44 Signal Modification (Dr. Martin Luther
King Jr. Blvd.I
LS 1 70,000.00 70,000.00
45 Signal Modification (Second St.) LS 1 70,000.00 70,000.00 46 Signal Modification (Eighth St.) LS 1 70,000.00 70,000.00 Bid Forms Page 5 of 14 Last Revised 12/31/20
EXHIBIT A Page 12 of 53 EXHIBIT 2 511
,,
Item Description Unit
47 Signal Modification (Tenth St.) LS
48 Signal Modification (Ralph St.) LS
49 Signal Modification (Zephyr St.) LS
50 Signal Modification (Industrial Dr.) LS
51 Signal Modification (Sperry Rd/ Arch LS
Airport R
52 Signal Modification (Performance Dr.) LS
UI LIi"'\ IL.LI I L.I'\. L.'-'V l'.iV- I
Est. Unit price Quantity
1 70,000.00
1 70,000.00
1 70,000.00
1 70,000.00
1 6,000.00
1 70,000.00
TOTAL BID $1,836,118.30
05-16-2023
Total Price
70,000.00
70,000.00
70,000.00
70,000.00
6,000.00
70,000.00
BIDDER'S NAME McFadden Construction, Inc.

Bid Forms Page 6 of 14 Last Revised 12/31/20
EXHIBIT A Page 13 of 53 EXHIBIT 2 512
REV 2022-05-17
Insurance Requirements
South Airport Way Separated Bikeway, Project No. WT18008 (formerly PW1808) Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

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

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Surety Bonds as described below.

5. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower EXHIBIT B Page 14 of 53 EXHIBIT 2 513
REV 2022-05-17
retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

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

1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

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

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

EXHIBIT B Page 15 of 53 EXHIBIT 2 514
REV 2022-05-17
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City of Stockton as a loss payee as their interest may appear.

If the project does not involve new or major reconstruction, at the option of the City of Stockton, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City of Stockton’s site.

Claims Made Policies (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following EXHIBIT B Page 16 of 53 EXHIBIT 2 515
REV 2022-05-17
form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

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

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

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

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must EXHIBIT B Page 17 of 53 EXHIBIT 2 516
REV 2022-05-17
be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

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

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT B Page 18 of 53 EXHIBIT 2 517
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

D. All City employees and non-employees share a responsibility to assist in EXHIBIT C Page 19 of 53 EXHIBIT 2 518
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 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 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.

E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up to and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.

F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.

G. The City of Stockton prohibits retaliation against any employee or nonemployee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.

H. This policy applies to all officials, employees, volunteers, unpaid interns, agents, or contractors of the City.

I. This policy shall be administered by the Director of Human Resources.

EXHIBIT C Page 20 of 53 EXHIBIT 2 519
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 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 m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's 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 prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:

1. Soliciting applications from a source where all or most of potential workers are of the same race or color.

2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and

3. Questioning a job applicant about the existence, nature and severity of a disability.

B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her 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 identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3) EXHIBIT C Page 21 of 53 EXHIBIT 2 520
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
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 otherwise adversely affecting an employee's or non-employee's employment opportunities.

Harassment may take many forms, including, but not limited to, the following examples:

1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

2. Physical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:

1. Submission to such conduct is made a term or condition of employment; or

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
EXHIBIT C Page 22 of 53 EXHIBIT 2 521
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
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

3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.

Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Making or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.

EXHIBIT C Page 23 of 53 EXHIBIT 2 522
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date: HARASSMENT POLICY Revised From:
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. Retaliation for making harassment reports or threatening to report harassment.

D. Affordable Care Act (ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:

1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;

2. Reports potential violations of protections afforded under Title I of the Act, which provides guaranteed availability protections among other things;

3. Testifies in a proceeding concerning such violation;

4. Assists or participates in a proceeding concerning a violation; or

5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.

An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.

IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any EXHIBIT C Page 24 of 53 EXHIBIT 2 523
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 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 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.

1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and nonemployees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or EXHIBIT C Page 25 of 53 EXHIBIT 2 524
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
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 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.

If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge shall be taken.

2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or nonemployee to cease the conduct.

EXHIBIT C Page 26 of 53 EXHIBIT 2 525
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From: HARASSMENT POLICY Effective Date:
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 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.

B. Confidentiality. The City will make every effort to protect the privacy and confidentiality of all parties involved, as well as any information and/or documentation obtained, to the extent possible consistent with a thorough investigation.

C. Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.

V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is EXHIBIT C Page 27 of 53 EXHIBIT 2 526
Subject:

B.

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 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 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.

Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:

1. Identify and preserve the evidence.

2. Confirm the name and position of the complainant. Interview the complainant.

3. Allow the complainant the opportunity to place the complaint in writing.

4. Obtain the identity of the alleged harasser(s).

5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and witnesses (if applicable).

6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).

7. Ascertain if any threats or promises were made in connection with the alleged harassment.

8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).

9. Ascertain whether the complainant has spoken to anyone, especially EXHIBIT C Page 28 of 53 EXHIBIT 2 527
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 11 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.

10. Ascertain what resolution would be acceptable to the complainant.

11. Interview the alleged harasser to get his or her side of the story, including any possible motivation for a false allegation.

12. Interview witnesses who were identified by the complainant regarding the alleged harasser or other persons identified during the investigation.

13. Interview witnesses who were identified by the alleged harasser or other persons identified during the investigation.

14. Advise all participants that the investigation is "confidential" and not to engage in any retaliatory conduct, as such conduct is subject to disciplinary action up to and including discharge. Confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.

15. Conduct follow-up interviews, if warranted.

16. Prepare report of findings and discuss with management and designated legal staff.

VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall EXHIBIT C Page 29 of 53 EXHIBIT 2 528
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.12 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 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.

B. If either the department head or the Director of Human Resources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.

C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consulting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.

D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged to have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determination as to whether the complaint is:

1. Unsustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).

2. Unfounded: The investigation proved that the act(s) or omission(s) EXHIBIT C Page 30 of 53 EXHIBIT 2 529

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09

3. 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 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.

Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.

E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.

F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.

VII. DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.

VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these EXHIBIT C Page 31 of 53 EXHIBIT 2 530

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 14 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
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 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.

IX. COMMUNICATION OF POLICY
This policy shall be provided to all managers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.

APPROVED:
c:r��SON

CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1
EXHIBIT C Page 32 of 53 EXHIBIT 2 531
Attachment A

COMMUNITY WORKFORCE AND TRAINING

AGREEMENT

FOR THE CITY OF STOCKTON

INTRODUCTION/FINDINGS
The purpose of this Agreement is to promote efficiency of construction operations performed for and within the City of Stockton and to provide for peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of the projects subject to this Agreement, and to support the efforts of the City to increase employment opportunities for workers who reside in Stockton, to help increase training and employment opportunities for the City's students in the construction trades through apprenticeship and pre-apprentice programs as the students graduate from the City's schools.

WHEREAS, the City adopts a five-year Capital Improvement Plan that identifies the public projects necessary to maintain and improve the physical properties of the City, including buildings, parks, entertainment venues, golf courses, utility systems, the transportation system and other facilities; and
WHEREAS, the City undertakes and anticipates undertaking many of the projects identified in tl1e current and proposed Capital Improvement Plan and other City public works projects that involve significant construction costs in excess of threshold set forth in this Agreement; and
WHEREAS, the City Council has determined that the successful and cost-effective completion of these Capital Improvement Plan projects and other major City public works projects is of the utmost importance to the City and its taxpayers and the residents it serves; and WHEREAS, the City has determined that applying the same Agreement to the Capital Improvement Plan and other public works construction projects that exceed the threshold set forth in this Agreement during the term of this Agreement will provide efficiencies for the City and its contractors; and
WHEREAS, large numbers of workers of various skills will be required in the perfmmance of the construction work, including those workers represented by Unions affiliated with the San Joaquin Building and Construction Trades Council ("the Council") and employed by contractors and subcontractors who are signatory to agreements with said labor organizations; and WHEREAS, it is recognized that projects with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption is substantial without an overriding commitment to maintain continuity of work; and 3238-0l?ii 1
EXHIBIT D Page 33 of 53 EXHIBIT 2 532
Attachment A
WHEREAS, the interests of the general public, the City and the Contmctor(s)/Employer(s) would be best se1ved if the construction work proceecled in an orderly manner without disruption due to labor disputes; ancl
WHEREAS, 1he Contractor(s)/Employer(s) and the Unions desil'e to mutually establish and stabilize wages, hou1·s and working conditions for the workel'S employed on the construction projects subject to this Agreement in order to pl'omote a satisfactory, continuous-and harmonious relationship among the parties to this Agreement; and
WHEREAS, unemployment rates in Stockton have been consistently higher than in California as a whole and statistics indicate that the higher unemployment level in Stockton correlates to a higher numb el' of families living in poverty and to a higher crime rnte; and WIDmEAS, due to the lack of jobs, much of the wol'k force residing in Stockton is forced to commute long distances to find work, causing incl'eased traffic, increased pollution, and other set'ious environmental impacts; and
WI-illREAS, because of the shortage of local jobs, many residents of Stockton must leave for work very eal'ly in the moming and l'eturn late in the evening, often leaving children and teenagers alone and Wlsupervised during the day; and
WilEREAi..�, absentee parents and unsupervised youth can result in increased problems for families, communities, and the City as a whole; and WllICREAS, the contracts for the construction of the projects will be awarded in accordance with the applicable provisions of the California State Public Contract Code and state, local and federal laws and regulations; and
WHEREAS, the City has U1e absolute right to select the lowest responsive and 1·esponsibfo bidder fo1• the award of construction contracts on the project.q; and WHEREAS, the parties signatory to this Agreement pledge their full good faith and tl.'Ust to work towru·ds mutually satisfactory completion of the Capital Improvement Plan projects and other major City public works projects that will be subject to this Agreementi and NOW, THEREFORE, IT lS AGREED HETWI�EN AND AMONG THE PARTIES HERETO, AS l?OLLOWS:

ARTICLE I

DEFINITIONS

1. J. "Agreement" memis this Community Workforce and Training Agreement. t .2 "City" means the City of Stockton and its public employees► including managerial personnel.
3238-0l1ii 2
EXHIBIT D Page 34 of 53 EXHIBIT 2 533
Attachment A

1.3 11Contrncto1'(s)/Employer(s)11 or "Contractor" means uny indiviclnal, firm, partnership or corpomtion, OL' combination thereof, includingjoint ventures, that is an independent business enterprise and has entered into a con.tract with 1he City or Project Manager 01· any of its contl'actors or subcontractol's of any tier, with respect to the construction of any part of the Project under contract te1·ms and conditions approved by the City and which incorporate this Agreement,

1.4 1
1Construction Contract" means a contract awarded by the City for public work within the meaning of Chapter l (commencing with Section 1720) of Part 7 of Division 2 ofthe California Labor Code.

1.5 "Project" means any constrnction project of the City whose value as determined by the higher of the engineer's estimate of the total cost of the project or the actual cumulative bid amounts submitted by the contractor 01· contractors awarded the Construction Contracts for the Project, exceeds one million dollars ($1,000,000), By mutual consent of the City and the Council, •this threshold amount may be reduced to an amount not below two hundred and fifty thousand dollars ($250,000) after one year from the effective date of this Agt:eement.

1.6 "Union" or "Unions" means the San Joaquin Building and Constmction T.-ades Council, AFL-CIO (
11the Council") and any other labor organization, including those affiliated with the Council, signatory to this Agreement, acting in their own behalf and on behalf of their respective affiliates nnd member organization whose names are subscribed hereto and. who have through their officers executed this Agreement ("Local Unions11).

1.7 "Stockton Resident" means a resident of the City of Stockton as defined by Stockton Municipal Code Section 3.68.095(1)(3).

1.8 "Locql Arca Resident" means any Stockton Resident or any individual domiciled within the boundaries of San Joaquin County according to the criteria set forth in Stockton Municipal Code Section 3 .68.095(1)(3) for Stockton Residents.

1.9 "Pl'ojeot Manager11 meims the business entity or City employee designated by the City to ove1'see all phases of construction on the Project.

1.10 11Master Ag1·eement11 or "Schedule N' means the Mastel' Collective Ba1·gaining Agreement of each craft union signatory hereto, which shall be on file with the City.

1.11 "Completion" means that point at which the City accepts n project at issue by filing a Notice of Completion, or as otherwise provided by applicable state law. "Punch List" items and any other work within the scope of this Agt'eement not completed prior 1o commencement of l'evenue service shall nonetheless be included within the scope of this Agt'cement. It is understood by the parties that portions of the Project may be completed in phases and Completion of any such phase may occur prior to Completion of the Project. 323S-017ll 3
EXHIBIT D Page 35 of 53 EXHIBIT 2 534

ARJ'ICLEII

SCOPE OF AGREEMENT

2.1 Parti�: The Agreement shall apply und is limited to the City und nll Attachment A
Contractor(s)/Bmployer(s) performing constmction contracts on the Pl'Oject, including surveying and on-site testing nnd inspection where s11ch wo1·k is traditionally covered by a Master Agreement with a Union, and the Council and any other labor organization signatory to this Agreement, acting in their own behalf and on behalf of their respective affiliates and member 01·ganizations whose names are subscribed hereto and who have through theh' officers executed this Agreement.

2.2 Ptoject Description: The Agreement shall govern the award of all Constrnction Contracts identified by the City as part of the Project. The City hus the absolute right to combine, change, consolidate, suspend or cancel Constmction Contract(s) or portions of Construction Contrnct(s) identified as part of the Prnject. Should the City suspond OL' remove !Illy individual contract from the Project and theroafter authorize that construction work be commenced on such contract, then such contract shall be performed under the tel'ms of this Agreement. Once n Constl'llction Contract is completed it is no longel' covered by this Agreement except when a Co11tractor is dfrected to engage in repairs, wammty work or modifications required by its Constrnction Contract with the City. For the purposes of this Agreement, a Construction Contract shall be considered Completed as set forth in Section 1.11 of this Agreement.

2.3 Coyered Work: This Ag,:eement covers, without limitation, all site preparation, Stlt'veying, on-site construction, alteration, demolition, installation, impmvement, painting or repair of buildings, stmctnres, modular fornitur
e installations, and other works and relntecl
activities for the Project that is within the craft jurisdiction of one of the Unions and that is part of tlie Project, including, without limi
tation to the following .examples, geotechnical and
exploratory dl'illing, temporary RV AC, landscaping and temporary fencing, pipelines (including those in linear corridors built to sel've the Project), pumps, pump stations, on-site soils and material inspection and testing, and demolition of any existing structures requfred to be perfol'med to complete the Project. This Agreement shall apply to any stait-up, calibration, commissioning, performance testing t·epair, and opemtional revisions to systems and/or subsystems for the Project performed after completion, unless it is performed by City employees.

Ou-site work includes wo1·k done for the Project in tempomry yards or areas adjacent to tho Project, and at any on-site or off-site hatch plant constructed solely to supply materials to the Project. This Agreement covers nil onsite fobdcation work over which the City or any Contractor{s)/Employel'(s) possess the l'ight of control (including work done fo1· the Project in an.ytemporai·y yard or area established for the Project.) This Agreement also covers all off-site work, including fabrication tmctitionaUy perfonned by the Unions, that is part of the Project, provided such off�site work is cove1-ed by a cul'l'ent "Maste1· Ag1·eement11 or local addenda to a National Agreement of the applicable Union(s) that is in effect as of the execution date of this Agi·eemen.t. The fm11ishing of supplies, equipment or mutetials which are stockpiled fo1· late!' \!Se shall not be considered Covered Wol'k; however, the delivery of ready-mix, asphalt, aggregate, sand or other fill mate1fal which are directly incot·porated into the constmction process us well as the off-hauling of debris and excess fill, material and/or mud shall be covered by the terms and conditions of this Agl'Cement. Contl'acto1·(s)/Employer(s), including brokers, of persons providing constl'uction tmcking work shall provide certified payroll records to the City within ten (10) days of a written request or as reqt
1ircd by bid specifications,
323B-017jj 4
EXHIBIT D Page 36 of 53 EXHIBIT 2 535
Attachment A

2.4 Exclusions from Covered Wol'k

2.4.1 The Agreement shall be limited to constmction work on the Project and is not intended to, and shall not affect or govern tho award of public wodcs contracts by the City which are not a part of the Project.
2,4.2 The Agreement shall not apply to a Contractor's/Employer's nonconstmction craft employees, including but not limited to executives, managerial employees, engineel'ing employees a11d supervisors above the level of General Foreman ( except those cove1·ed by existing Master Agreements), staff engineers or other professional engineers, administrative ancl management personnel.

2.4.3 This Agreement shall not apply to work by employees of the City.

2.4.4 This Agreement shall not apply to any work performed on or near 01· leading to the site of work covered by this Agreement that is undertaken by state, county, City or other govermnental bodies or their contrnctors; or by public 01· private utilities or their contractors that is not part of the Project.

2.4.S This Agreement shall not apply to the Project whet'e the Agreement is prohibited by state or federal law or where the ex.press conditions for the receipt of non�cle minimis state or federal funding prnhihit the City from applying this Agreement to the Project. 2,5 Pmject Labor Disputes: All Project labor dispute.Ii involving the application or intetp1·etation of the Master Agreement to which a signat01-y Contractor(s)/Employer(s) and a signatory Union arc partles shall be resolved put'suant to the resolutioil procedures of the Master Agt'eement. All disputes relating to the interpretation or application of this Agreement shall be subject to resolution by the Grievance Committee and the Griev�mce ttnd Arbitration Procedure set forth in Article XII.
2,6 Work covered by this Agreement within the following craft jurisdictions shall be performed 1mder the terms of their National Agreements as follows: the National Transient Lodge ("NTL") Articles of Agreement, the National Stack/Chimney Agl'eement, the National Cooling Tower Agreement, and the National Agreement of Elevator Constructors, and any instmment calibration work and loop checking shall be performed under th.e terms of the UA/IBEW Joint National Agreement for Instnunent and Contml Technicians, with the exception that Articles IV, XII, XIII of this Agreement shall apply to such work.

2. 7 Awm·d of Conll'ucts. It is understood and agreed that the City has the absolute right to select any qualified bidder for the award of contracts under this Agi·eeme11t. The bidder need only be willh1g, reacly and able to execute and comply with this Agreement. It is flll'ther ag1·eecl that this Agreement shall be included in all invitations to bid 01· solicitations fo1· proposals from contractors or subcoutmctors for work on the Project that are issued on and ofter tho effective date of this Agreement.
32JH-017li 5
EXHIBIT D Page 37 of 53 EXHIBIT 2 536
Attachment A
ARTICLED!

EFFECT QF AGREEMENT
3, 1 By executing the Agl'eement, the Unions and the City agree to be bmu1d by each and all of the provisions of the Agreement.

3.2 This Ag1·eement shall be inclttded as a condition oft:he award ofConstl'uction Contracts fot• the Project. By accepting the award of a Construction Contract for the Project, whether as contractor or subcontractor, the Contractor(s)/Employel'(s) agrees to be bound by each and every provision of the Agreement ancl agrees that it will evidence its acceptance prior to the commencement of work by executing the Agl'eement to be Bound in the form attached hereto us Addendum A.
3,3 At the time that any Contracto1·(s)/Employer(s) enters into a subcontract with any subcontractor providing for the performance of a Construction Contract, the Contractor(s)/Employer(s) shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor as a part of accepting an award of a construction subcontmct to agree in w1·iting, to be bound by each and every provision of this Agt·eement prior to the commencement of work by executing the Agreement to be Bound in the form attached hereto as Addendum A. 3 .4 This Agreement shall only be binding on the signatot'y parties het·eto, their successors and assigns, and shall -not apply to the parents, afliliates, subsidiaries, or other ventures of any such party. Each Contractor shall alone be liable and responsible for its own individual acts and conduct and for any breacl1 or alleged breach of this Agreement.

Any dispute between. the Union(s) and the Contl'actor(s) respecting compliance with the terms of the Agreement, shall not affect the rights, liabilities, obligations an:d duties betwee11 the signatory Union(s) and other Contractor(s)/Employer(s) party to this Agreement.

3.5 It is mutually agreed by tho parties that nny liability by a slgnato1·y Union to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a signatory Union shall not affect the rights, liabilities, obligations and duties between the signatory Contractor(s) and the other Union(s) party to this Agreement.

3.6 The provisions of this Agreement, including the Master Agreements of the Local Unions having jurisdiction over the work on the Pmject, incorporated herein by reference, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreements which may conflict with or diffet• from the terms of this Agreeme11t. Where a subject covet·ed by the provisions of this Agreement is also coverecl by a Master Agt·eement, the provisions of this Agreement shall prevail. Where a subject is cove1'ed by the provisions of a Schedule A mid is not covered by this Agreement, the provisions of the Master Agreement shall prevail.

ARTIC'J.,E IY
WORK STOJ>P,AGES. STRIKES, SYMPATlIY
�TRIKES AND LOCKOUTS

4.1 The Unions, City and Contructor(s)/Employer(s) agrne that for the duration of the Project:
323B-0l7jj 6
EXHIBIT D Page 38 of 53 EXHIBIT 2 537
Attachment A
(1) There shall be no strikes, sympathy strikes, wo11c stoppages, picketing, hand billing 01· otherwise advising the public that a labor dispute exists, 01· slow clowns of any kind, for any reason, by the Unions or employees employed on the Project, at the job site of the Project or at any other facility of the City because of n dispute on the Project. Nor shall the Unions or any employees employed on the Project participate in any sh'ikes, sympathy strikes, work stoppages, picketing, hand billing, slowdowns, or otherwise advising the public that a labor dispute exists at the johsite of the Project because of a dispute between Unions and Contractor(s)/Employer(s) on any other project. It shall not be considered a violation of this A11icle if labor is withheld by a Union due to lack of payments to a Tmst Fund 01· failure to make payroll on the Project. Nothing stated in this Agt·eement shall prevent Unions from participating in the actions mentioned in this section on jobsites othet· than the Pl'oj ect jobsite because of disputes between the Unions and Contracto1·(s)/Employer(s) on projects other than the Project, (2) As to employees employed on the Pmject1 there shall be no lockout of any kind by a Contactm(s)/Employer(s) covered by the Agreement. (3) If a Master Agreement between a Coiitracfor(s)/Employer(s) and the Union expires befot·e the Contractor(s)/Employer(s) completes the performance of a Construction Contract for work covered under this Agreement and the Union or Contractor(s)/Employer(s) gives notice of demands for a new or modified Master Agreement, the Union agrees that it will not stl'ike the Contractor(s)/Employer(s) on said contract forwodc covered under this Ag1·eement and the Union and the Contl·actor(s)/Employer(s) agree that the expired Master Agreement shall continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is reached between the Union and Contractor(s)/Bmploye1'(s). If the new or modified Master Agreement reached between the Union and Contrnctor(s)/Employer(s) provides that any ten11s of the Master Agreement shall be retroactive, the Contractor(s)/Employer(s) ag1·ees to comply with any retroactive terms of the new or modified Master Agreement which is applicable to employees employed on the Project within seven (7) days after the effective date of the new or modified Mastei· Agreement.

4.1.1. Notification: If the City contends that any Union has violated this Article, it will notify in writing (including email) the Senior Executive of the C0tmcil 1md the Senior Executive of the Union, setting forth the facts alleged to violate the At1icle, prior to instituting the expedited arbitration procedw·e set fDI'th below. The Senior Executive ofC01.U1cil will inunediately use his/her best efforts to cause the cessation of any violation of this Article, The Senior Executive of the Union will immedintely infotm the membership of their obligations under this Article. A Union complying with this obligation shall not be held responsible for unauthorized acts of employees it represents.

4.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, pdor to initiating any other action at law 01· equity, when a breach of this Article is alleged to have occurred:
(1) A party invoking this procedure shall notify Robert Hirsch, as the permanent arbifl'ator, or, William R.ike1·, ns the altemate 1mcler this prncedure. In the event that the permanent arbitrator is W1available at any time, the alternate will be contacted. If neither is available, then a selection shall be macle from the Hst of arbitrators in Article XII. Notice to the arbitrntor shall be 3238-017] 7
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Attachment A
by the most expeditious means avail11ble, with notices by facsimile, electronic mail or telephone to the party alleged to be in violation, to the City, to the Council and to the involved Locnl Union if a Union is alleged to be in violatio11.
(2) Upon receipt of said notice, tho City will contact the designated arbitrator named above or his alternate who will attempt to convene a hearing within twenty-four (24) hours if it is contended that the violation still exists. (3) The arbitrator shall notify the parties by facsimile or telephone of the place and time for the hearing. Said heurlng shall be completed in one session, which, with appropriate recesses at the ai-bih'ator's discretion, shall 11ot exceed twenty-four (24) hours unless otherwise agreed upon by all parties, A failure of any patty to attend said hearings shall not delay the hearing of evidence or the issuance of any award by the arbitrntor. (4) The sole issue at the hearing shall be whether or not a violation of Article N, Section 4.1 of the Agreement has occurred. The arbitrator shall have no authority to consider any matter of Jnstifiqation,, explanation 01· mitigation of s.uch violation tw to .nwal'd damages, which issue is rese1·ved for co\U't proceedings, if any. The award shall be issued in writing within three (3) hout's after the close of the bearing, and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with 01° enforcement of the award. The arbitrator may order cessation of tho violation of this Article und other appropriate relief nnd such award shall be served on all parties by hand or registered mail \.lpon issuance.
(5) Such award may be enforced by any Court of competent jurisdiction upon the filing of this Agt'eement and all other relevant documents referred to above jn the following manner. Written notice of the filing of such enforcement proceedings shall be given to the other party. fu the proceeding to obtain a temporru·y order enforcing the arbit1·ator's award as issued under Section 4.2 of this Article) all parties waive the l'ight to a hearing and agree that such proceedings may be ex-pcttte. Such agreement does not waive any party's right to participate in a hearing for a final order or enfol'cement. The Coiu't's order or orders onforcing the arbitrator's award shall be se1·ve<l on all pm·ties by hand 01· delivernd by certified mail. (6) Any rights created by statute or law govoming arbitmtion proceedings inconsistent with the above prncedure, or which intel'fere with compliance, at'e waivecl by the parties.
(7) The fees and expenses of the arbitrator shall be divided equally between the party instituting the al'hitration proceedings provided in this Article tmd the party alleged to be in breach of its obligation under this Article.
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ARTICLEY
PRE.CQNSTRJJC:X:IQN CONFERENCE
Attachment A
5 .1 The Pl'Oject Manager shall convene a pre-construction conference to be held at least fourteen (14) days pdor to the commencement of each construction phase, at a time and location muti1ally ag1·eeable to the Council. Such conference ahull be attended by a l'epresentative each from the participating Contractor(s)/Employer{s) and Union(s) and the Project Manager.
5 .2 Review Meetings: In order to ensw·e the te1ms of this Agreement are being fulfilled and all concerns pertaining to the City, the Unions, and the Contrnctors are addressed, the Project Manager, General Contmctor and Senior Executive of the Council 01· designated representatives thereof shall meet on a periodic basis during the tet'm of constmction. The City and the Council shall have the 1·ight to call a meeting of the appmpl'iate pal'ties to ensure the terms of this Agreement ru:e being fulfilled.
. A,RTICLRYI

NO DISCRIMINATION

6.1 The Co11tracto1'(s)/Employer(s) and Unions agree to comply with all antidiscrimination provisions of federal, state m1d local law, to protect employees and applicants for employment, on the Project.

ARTICLE VII
UNIQN SECJJRll'X

7.1 The Contractor(s)/Employer(s) l'ecognize the Union(s) as the sole bargaining representative of all craft employees woddng within the scope of this Agreement. 7,2 All employees pe1forming work covered by this Agreement shall, as a co11clition of employment on or before the eighth (8th) cumulative day of employment on the Project, be responsible for the payment of the applicable periodic working dues and fees uniformly required fol' union membership in the Local Union that is a signatol'y to this Agreement for the duration of his or her employment on the Project. Nothing in this AgL'eement is intended to prevent any non� \inion employees f
r
om joining the Local Union.
7,3 Authorized representatives of the Unions shall have access to the Pl'Oject whenever work covered by this Agreement is being, has been, or will be performed 011 the Project.

ARTICLE VIII
JlEFERR&J,

8.1 Contmctor(s)/Employer(s) performing constmction wodc on the Project described in the Agreement shall, in filling cmft job requirements, utilize and be bound by the l'egistrntion focilitic1s and referral systems established or authorized by the Local Unions ("Job Referral System"). Such Job Referral Syatem shall be operated in a non-discdminatoty munnel' and in full complim1ce with all federal, state, and local laws und regulations, including those which tequire 3238-01'/jj 9
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Attachment A
equal employment opportunities and non-cliscrhnination. The Contractor(s)/Employe1·(s) shall have the dght to reject any applicant referred by the Union(s), in accordance with the applicable Master Agt·eement.

8.2 The Contractor(s)/Employer(s) shall have the unqualified dght to select and hire dil'ectly all supervisors above general foreman it considers necessary and desirable, without such persons being rofel'fed by the Union(s).

8.3 In tl1e event that 1·eferral facilities maintafoed by the Union(s) are imnble to fill the 1'equisition of a Contractor(s)mmployer(s) for employees within a forty�eight (48) hour period (Saturdays, Sundays and Holidays exol-uded) ufter such requisition is made by the Contractor(s)/Employer(s), the Contractor(s)/Employer(s) shall be free to obtain work persons from any source. A Contractor who hires any personnel to perform covered work on the Pl'Oject pursuant to this Section shall immediately pl'Ovide the appropriate Union with the name and nddress of such employee(s) and shall itnmcdintely refer such employee( s) to the appropriate Union to satisfy the 1·equirement,; of' Article VII of this Agreement.

8.4- Unions will exel't their utmost efforts to recrnit sufficient numbers of skilled craft persons to fulfill the requh·ements of the Contractor(s)/Employer(s). Recognizing tl1e special needs of the Project nnd the acute shortage of sldlled cral:lspeople, the Unions shall consider a Contractor's request to transfer key employees to work on this Project in a mmmer consistent with the Union's referral procedures.

8.5 The parties to this Agreement support the development of increased numbers of skilled construction workers from the City of Stockton and Sau Joaquin County. To the extent allowed by law, and consistent with the Local Union's hiring hall provisions, and as long ns they possess the requisite skills and qualifications, Local Area Residents, including journeymen and apprentices, shall be referred for Project work covered by this Agreement.

ARTICLE IX

WAGES AND BENEFITS

9.1 All Contrnctors/Employers agree to pay contributions to the established vacation, pension and other form of deferred compensation plan, apprenticeship, and health benefit fm1ds established by the applicable Master Agreement for each hour worked on the-Project in the amounts designated in the Master Agreements of the appl'opriate Local Unions. 9,2 By signing this Agreement, the Contmctor(s)/Employer(s) adopts and agrees to be bound by the written terms of the legally established Tnist Agreements, as described in section 9, l, specifying the detailed basis on which payments are to be made into, uncl benefits paid out ot: such T1'l.1st Funds established by such app1'opriate local agreements. The Contractor(s)/Employer(s) authorizes the pal'ties to such local trnst agt·eements to appoint truster-s and succosso1· tiustees to administer the trust funds and hereby ratify and accept the tmstees so appointed as if made by the Contractor(s)/Employer(s).

9.3 Wages. Hours, Tel'ms and Conditions.of Employment: The wages, hours and other terms and conditions of employinent on the Project shall be govemed by the Master Agreement of the respective crafts, copies of which shall be on file with the City to the extent such Master 3238-017jj 10
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Attachment A
Agreement is not inconsistent with this Agt'eement. All employees covered by this Ag1'eement shall be classified and paid in accordance with the classification and wage scales contained in the appropl'iate local agreements which have been negotiated by the histol'ically recognized bargaining entity and in compliance with the applicable general prevailing wage determination made by the Dil'ector of Industrial Relations pursuant to the California Lab01· Code.

9.4 During the period of constmction on this Project, the Contractor(s)/Employer(s) agrees to recognize and put into effect such increases in wages and recognized fringe benefits as shall be negotiated between the various Unions and the historically recognized local bargaining entity on the effective date as set forth in the applicable agreement. The Unions shall notify the Contractor(s)/Employe1'(s) in writing of the specific increases in wnges and recognized fringe benefits and the date on which they become effective.

9.5 Holidays: Holidays shall be in compliance with the applicable Scheclule A agl'eement.

ARTIC�.X
EMl>LQYEE GRIEVANCE PROCEDURE
1 O.l All disputes involving discipline and/or discha1'ge of employees working on the Project shall be resolved through the gdevance and arbitration provision contained in the Master Agreement for the ct'aft of the affected employee. No employee working on the Project shall be disciplined or dismissed without just cause.

ARTICLE XI
CQMl!LIANCE

11.1 It shall be tlle responsibility of tho Contractor(s)/Einployet·(s) and Unions to investigate and monitor compliance with the provisions of the Agl'eement contained in Article IX, Nothing in this agreement shall be constmed to intcrfol'o with or supel·sede the usual and customary legal remedies available to the Unions and/or employee benefit Tmst Funds to collect delinquent Tt'ust Fund contl'ibutions from Employers on the Pt'Oject. The City shall monitor and enforce compliance with the prevailing wage rcquil'ements of the state and Contractors'/Employers' compliance with this Agreement.

ARTICLE XU
GRIEVANCE ARBITRA 'l]ON PRQCEDJJ@

12.1 The parties understand and agree that in the event any dis1mte arises out of the meanitlg, h1terpretation or application of the provisions of this Agreement, the same shall be settled by means of the procedures set out herein. No grievance shall be recognized unless the grieving party (Locnl Union or City on its own behalf, or on behalf of an employee whom it represents, or a contractor on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five (5) days after becoming awarn of the dispute but in no event more than thirty (30) days after it reusonably should havo become uware of the event giving rise to the dispute. The time limits in this Section 12.1 may be extended by mutual written agt·eement of the parties,
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12.2 Grievances shall bo settled according to the following procedures:

Attachment A
Step 1: Within five (S) business days after the receipt of the written notice of the gl'ievance, the Business Repl'esentative of the involved Local Unio11 or City, or his/her designee, or the representative of the employee, and the representative of the involved Contractor(s)/Employer(s) shall confer and attempt to resolve tlte grievance.

Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after the meeting to l'esolve the dispute in Step 1, the International Union Repl'esentative and the Contractor(s)/Employet·(s) involved shall meet within seven (7) working days of the referral of the dispute to this second step to al'l'ive at a satisfactory settlement thet•eof. Meeting minutes shall be kept by the Contrnctol', In the event that these representatives al'e unable to resolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business days to the Grievance Committee, which shall meet within five (5) business days after such r�ferra.l ( 01· s1.1cb lo1ig�l' time as is m1.1turuly agi'eed upon by all teprestmtatives on the Grievance Conunittee), to confer in an uttempt to resolve the grievance. The Grievance Committee shall be comprisell of two (2) representatives of the City; and one ( l) representative of the Project Manager, and three (3) representatives of the San Joaquin Building & Constrnctio11 Trades Council. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon) it may be refei:red within five (5) business clays by either party to Step 3.

Step 3: If the grievance is not settled in Step 2 within five (5) busines.'3 days, either party may request the dispute be submitted to arbitration or the time may be ex.tended by mutual consent of both parties. Within five (5) business days after referral of a dispute to Step 3, the representatives shall choose a mutually agreed upon arbitrator for final and binding arbitration. If the patties are unable to agree on ru1 arbitrator, ru1 arbitl'ator shall be selected by the altemate stdking method from the list of five (5) below, The order of st1'iking names from the list of arbitrators shall be dete11nined by a coh1 toss, the winner of which shall decide whether they wish to strike first or second. If any of the urbitrato1·s listed below or in Article 4 is no longer wodcing as a labor arbitmtor at the time of selection, the City and the Council shall mutually agree to a replacement. In addition, the City and the Council may mutm1lly agree to add additional arbitrators to those listed below.

1. William Riker

2. Barry Winogard

3. Thomas Angelo

4. Robett Hirsch

5. William Engler

12.3 The Al'bitra.tor shall arrange for a hearing 011 the earliest available date from the date ofhis/he1· selection. A decision shall be given to the parties witbh1 five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a pmty from the presiding arbitrator. The decision of the Arbitrator shall be 3238-01'/.\j 12
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Attachment A
final aml binding on all parties. The Arbitrator shall have no authol'ity to change, amend, add to or detract from any of the prnvislons of' the Agreement. The expense of the Arbitrator shall be borne equally by both parties.

12.4 The time limits specified in any step of the Grievance Pl'ocedUl'e set f01th in Section

12.2 may be extended by mutual agreement of the parties initiated by the written req\1est of one party to the other, at the appropriate step of the Griev!lllce Procedure. However, faihu·e to pt·ocess a gdeva-nce, or failure to respond in writing within the time limits provicled above, without an agreed upon extension of time, shall be deemed a waiver of such gdevance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or disputes. In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this Grievance Pl'ocedure, the parties agree that such settlements shall not be precedent setting.

ARTICLE XIII
WORK ASSIGNMENTS AND JurusmcTIQNAL DISPUTES
13 .1 The assignment of Covered Work will be solely the responsibility of t4e Employer performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Constmction fndustry (the 11Plan11 ) or any
successor Plan.
13 .2 All jul'isdictional disputes on this Project between or among the bl.lil<ling nnd construction trades Unions and the Employers parties to this Agreement, shall be settled and adjusted according to the p1·esent Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the foture by the Building and Construction Tl'ades Department. Decisions rendered shall be final, binding and conclusive on the Employers and Unions parties to this Agreement.

13.3 If a. dispute arising under this Alticle involves tl1e Northern California Carpenters Regional Cmmcil or any of its subordinate bodies, an Arbit1·ntor shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed ofJohn Kagel, Thomas Angelo, Robert Hirsch, and Thomas Pagan, and the At·bitmtoi-'s heal'ing on the di!,'Pute shall be held nt the offices of the California State Building and Construction Trad.es Council in Sacnunento, California within fourteen (14) days of the selection of the Arbitrator, All other pl'Ocedures shall be as specified in the Plan,
13 .4 All judsdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature and the Employer's assignment shall be adhered to until the dispute ls resolved. Individual employees violating this section shnll be subject to immediate disclrnl'ge. Bach Employer will conduct a pre..job conference with the Council pl'ior to commencing work. The Project Manager and City will be advised in advance of all such conferences and may participate if they wish. P1·e-job 0011-ferences for diffcl'ent Employers may be held together.
3238-017.ii 13
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ARTICL1l, XIV MANAGEMeT
BIGHTS
Attachment A

14.1 The Contractor(s)/Employel'(s) shall retain full and, exclusive authority for the mnnagement of their operations, including the right to direct thefr workforce in their sole discretion. Except ns provided by Section 2.3 and by the lawful manning p1'ovisions in the applicable Master Agreement, no rules, customs or pmctices shall be pormitted or observed which limit or restrict production, 01· limit or restdct the working efforts of employees.

ARTICLE XV

HELMETS IQ HARDHATS
15 .1 The Contractor(s)/Employer(s) and the Unions recognize a desire to facilitate the entry into the building and construction trades of veterans and members of the National Guard and Reserves who are interested in cnreern in the building and construction industry. The Contractor(s)/Employer(s) and Unions agree to utilize the services of the Center for Military R.ecruitniont; Assessment and Veterans Empfoy1uent (hereinafter ''Center); ajoint Lnb01·­ Ma11agement Cooperation Trnst Fund, established tu1der the authodty of Section 6(b) of the Labor-Management Cooperation Act of 1978, 29 U.S.C. Section l 75(a), and Section 302(c)(9) of the Lab01·-Manageme11t Relations Act, 29 U.S.C. Sect
ion 186(c)(9), and a charitable tax exempt
organization under Section 50l(c)(3) of the Internal Revenue Code, and the Center's ''Helmets to Hardhats" p1'0gram to se1ve as a resource for preliminm·y orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring hallsi counseling and inentoring, support netwol'k, employment opportunities and other needs as identified by the parties.

15.2 The Unions and Contractor(s)/Employer(s) agree to coordinate with the Center to piu'ticipate in an integrated dntabase of veterans and members of the National Guard and Reserves interested in working on the Project and of apprenticeship and employment opportunities for this Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience,
LS.3 Nothing in this Article shall be interpreted to preclude tmy Contractor(s)/B111p!oyer(s) that is not signatory to a Master Agreement to utilize an alternative plan 01' program fol' recruiting, training and facilitating construction industry employment opportunities for militmy veterans and members of the National Guard and Reserves, Before utilizing such alternative program 011 the Project, such Contrnctor(s)/Employor(s) shall provide the City with a description of such plan or program.

ARTlCLEXVI

DRUG & ALCOHOL TESTING

16.1 The use, sale, transfer, purchE1se nnd/or possession of a controlled substance, alcohol and/or firearms at any time dul'ing the work day is prohibited.

16.2 The Parties agree to recognize and use the Substance Abuse Program contained in each applicable Union's Schedule A.
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ARTICLEXYU

TERM SAVINGS CLAUS&
Attachment A
17 .1 The pal'ties agt'ee that in the event any article, provision, clause, sentence or wol'd of the Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agi·eement shall remain in full force and eflect. The parties further agree that if any article, provision, clause, sentence 01· word of the Agreement is cletennined to be illegal or void, by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an mticle, provision, clause, sentence or word which will meet the objections to its vnlidity and which will be in accordance with the intent and purpose of the article, provision, clnuse, sentence or work in question. 17 .2 The parties also agree that in the event that a decision of a court of competent jurisdiction materially niters the terms of the Agreement such that the intent of the parties is defeated, tllen the entire Agreement shall be null and void.

17.3 If a court of competentjurisdictio.n determines that all 01· part of the Agreement is invalid and/or enjoins tho City from complying with all or part of its provisions and the City accordingly dete1mines that the Agreement will not be requit'ed as part of an award to a Contractor(s)/E111ployer(s), the unions will no longer be bound by the pl'ovisions of Article lV.

ARTICLE XYIU
LOCAL HIRE, I!RIQRITY API>RENCTICE AND WORKFORCE

DEVELQPMENTPROGRAM

18.1 The objective of the City in creating this Local Hire, Pdority Apprentice and Workfo1·ce Development Program is to enhance and encourage employment opportunities for Stockton residents and to enable effective construction career pathways for Local Area Residents through Califom.ia State approved Joint Apprenticeship Programs. To that end, as prut of the Agreement, the City establishes goals for the hil'ing, training and retention of Local Area Residents.

18.2 Local Hire, The City establishes the following Locn.1 Hire goals and commitments:

18.2.1 The patties agt·ee to make a good faith effort to refer on a priority basis, consistent with the non-discl'iminatory refol'l'nl procedures of the applicable Union, qu1�Ufied and available, Local At'ea Residents for Pl'oject wodc. The parties ugree to a goal that Stockton residents shall pe1form a minimum of 50% of the houl's wodced on the Pl'oject by the Contrnctol's' total construction workforce. In the event that a sufficient number of Stockton residents are not available to fulfill the 50% local him t·equirement, the next tie1· ofresiclents shall come from anywhere in San Joaquin Cmmty. The Contrnctor(s) shall make good faith efforts to reach this goal thl'ough the utilization of the Unions' hiring hall pl·ocedt1l'es, The Unions shall exercise theit' best efforts in their recruiting and training of Stockton resident workers and in utilizing their hiring hall procedures to facilitate this 50% gonl.

18.2.2 The patties also recognize nnd support the City's commitment to provide oppOLtunities for participation on the Project to Stockton businesses through the City's Local Business Preference Ordinnnce. 111 futtherance of this commitment, the piuties agl'ee that such J238-0!7ii 15
EXHIBIT D Page 47 of 53 EXHIBIT 2 546
Attachment A
Stockton contractors and subcont:mctors awarded work on the Project may request by name, a11d the Local Union wiJl honor, l'eferral of persons who have applied to the Local Union for Project wol'lc, and who demonstrate the following qunlifications:
performed;
(1) possess any license required by state or federal law for the Project work to be (2) have worked a total of at least two thousand (2,000) hours in the constmction craft during the pl'ior two (2) years;
(3) wern on the Contrnctor's active payroll for at least ninety (90) out of the one hundl'ed and twenty (120) calendar days prior to the contract award; and
( 4) have the ability to perform safely the basic fonctions of the applicable trade; (5) are Stockton residents.

The Unionwill ref et' to such Contractor one journeyman employee from the hiring hall outMofMwork list fot· the affected trade or craft, and will then refer one of such Contt·actor's "core" employees as a journeyman and shall repeat the process, one and one, until such Contractor's crew requirements are met 01· until such Contractor has hired five (5) "cot•e" employees, whichever occw·s first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall outMof-work list(s). Fo1· the duration of the Contractor's work, the ratio shall be maintained and when the Contmctor's workforce is reduced, employees shall be reduc�d in the same ratio of core employees to hiring hall referrals as was applied in the initial hiring.

18.2.3 The Contractor shnll notify the appropriate Union of the name and social security number of each direct hire and each direct hire shiill register with the Union's hiring hall and comply with Article VII before commencing Pl'oject work. If there is any question regarding an employee's eligibility under Section 18.2> the City, at a Union's 1·equest, shall obtain satisfactory proof of such from the Contractor.

18.3 Priority Apprenticeship and Workforce Development

18.3, 1 Recognizing the need to develop adequate numbet's of competent workers in the construction industry, the Contrnctor(s)/Employer(s) shall employ apprentices of a California State appl'oved Joint Apprenticeship Prog1·am in the l'espective crafts to perfo11n such WOl'k as is within their capabilities and which is customarily pel'formed by the craft in which they are indentured. The apprentice ratios will be in compliance with the applicable provisions of the California Labor Code and Ptevailing Wage Rate Determination.

18.3.2 The parties agree to a goal that SO% of appl'entices employed on the Project shall be residents of the City of Stockton 01· othel' Local At·ea Residents. In achieving this goal, atrisk youth who reside in the following zip codes within the City of Stockton, shall be given priority in the apprenticeship 1'ecrnitment process: 95202, 95203, 95204, 95205, and 95206. If sufficient numbers of Stock.ton l'esidents are not available, then a good faith effort will be macle by the Unions to utilize residents of San Joaquin County. All apprentices reforrecl to Contrncto1·s under this 3238-0!7Jj 16
EXHIBIT D Page 48 of 53 EXHIBIT 2 547
Attachment A
i\.greement shall be ent'olled in State of California approvecl Joint Apprenticeship Progmms. Subject ;o any legal restrictions, the parties agree to a goal that apprentices will perform twenty percent :20%) of the total craft hours worked on the Project unless an applicable Master Agreement pt'ovicles for a greater pet·centage. The Unions agree to cooperate with the Contractors in furnishing �pprentices ns requested and they shall be pl'Opedy supervised and paid in accordance with the :>t·ovisions of the applicable Master Agreement.

18.3.3 The Contractol's and Unions shall make good faith efforts to reach the apprenticeship goals set forth in this Section 18.3 through the utilization of normal hiring hall and apprentice procedures mid, when appropriate, the identification ofpotentinlly qualified apprentices through community-based 01·ganizations working in collaboration with the apprentice pl'ograms.

The Unions are committed to working with the Contractors and community based Ol'ganizations to achieve these goals, At least annually, the Unions and the City will each conduct a Community Career Fair to provide at-risk youth, veterans and others an opportlmity to learn about each craft and the process for entel'ing their apprenticeship program. 18,4 Good Faith Efforts. A Contmctor 01· subconh'aotor must tuke the following good faith steps to dei1ionsfrate that it has made every ef±brt to reach the LocnrIUre, Pdority ..

Apprenticeship and Workfo1'ce Development Program goals of the City, The Contrnctor or subcontractor shall attend scheduled Pre-Job meetings held 1.mde1· this Agreement and shall submit written workforce projections and projected work hours on a craft-by-craft basis.

18.4.1 Within seven (7) calendat· days afler Notice to Proceed, the Contractor or subcontractor shall meet with the Unions 11nd the City to present its plan for reaching the Local Hire, P1fority Apprenticeship and Workforce Development P1·ogram goals. 18 .4.2 The Contracto1' or subcontractot· shall notify the Project Manager of the City by U.S. Mail 01· electronic mail if a Union hidng hall cannot, upon request by the Conttactor or subcontractol', dispatch Local A1·ea Residents to the Project. It shall be the responsibility of the Contractor or subcontractor to retain all evidence of such good faith efforts.

18.4.3 The Contractor or subcontractor may use the '� rune Call", "Rehire" or other available hiring hall procedul'es to reach the goals of this Article XVIII,

18.5 Enforcement, Compliance and Reporting

18.5.1 Contractors will be required to submit Certified Weekly l,ayl'Olls to the City along with monthly workforce utilization 1·eports documenting the Contractor's compliance with the requirements described in this Article. At a minimum, the monthly reports must include: 1) data on Stockton and Local Area Residents work hour utilization on the Project and Local Aren Residents; and 2) documentation showing any l'equests made to the Union dispatchers for Stockton residents and the Union's response to tho l'equest.

18.5.2 The City staff shall monitol' the operation of the Local Hire, Priority Apprenticeship a11d Wot'kforce Development Program and shall consider ullegations of noncompliance with the goals stated in this Article. If thel'e is a determination by the City that a Contractor or subcontractor has not complied with the goals or demonstrated good faith effo1is to 3238-017.ii 17
EXHIBIT D Page 49 of 53 EXHIBIT 2 548
Attachment A
do so, the City and the Contractor or subcontractor shall meet and confer in order to identify necessary actions to resolve the issue and ensure a good faith effort to achieve the obj ectives
of this Article.

18.5.3 For any Project subj
ect to this Agreement, the Local Hire, Priority
Apprentice and Workforce Development Program requirements of this Article shall a ppl
y in
lieu of the requirements of Stockton Muni cl pal Code Section 3 ,68.095 and no separate compliance with Section 3 .68.095 will be required of the Contractors/Employers working on the Proj
ect.

ARTICLE

XIXIEBM

19. I This Agreement shall become effective 30 days after the day the City Council talces action to authorize its execution, and it shall continue in full force and effect fot· a period of three (
3 ) years, at which time this Agreement may be considered for extension or f.!:!\�Y.,al, .. Ih�J�ffil§ .. Q[P.MitAm:eement shaj.t�P.Pl YJQ.!!nY_P!QJ
ect that is hl.cJ or solicited aft9.r
the effective date and before the expiration of thi.s Agreement. The Agreement shall continue to a
pply to nny Proj
ect subj
ect to this Agreement until the completion of all Covered Work on the Project,

CITY OF STOCKTON
J�
Name: KURT 0, WILSON
Title: CITY MANAGER
::m DANIEL CARDOZO
SAN JOAQUJN BUILDING AND CONSTRUCTION TRADES COUNCIL, AFLCIO COUNCIL Date: _______ _
Name:

Title:
32JH-017Jj 18
EXHIBIT D Page 50 of 53 EXHIBIT 2 549
Attachment A
do so, the City and the Contmctor or subcontractot· shall meet and confer in order to identify nooessary actions to resolve the issue and ensure a good faith effort to achieve the objectives of this Article, -·····

18.5.3 For any Project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requil'ements of this Al'tiole shall apply in lieu of the requirements of Stockton .Municipal Code Seotion 3.68.095 and no separate complinnce with Section 3,68.095 will be required of the Contractors/Employers working on the Project.

ARTICLE

XIAIERM

19. I This Agreement shall become effective 30 days after the day the City Council talces action to authorize its execution, and it shall continue in full force and effect fo1· a pedocl of three (3) years, at which titne this Agreement may be considered for extensio11 or renewal. The te1-ms of this Agreement sl1all apply to any Project that is bid or solicited after the·effective·date·nrn:t'before-ure-explration~of't1ifsAgreeme11t··tmr AgfeemenfsfiaIIcontT.rriie
to apply to atty Project subject to this Agreement until the completion of all Covered Work on the Project.
crrY OF STOCKTON
Name: KURT 0. WILSON
Title: CITY MANAGER
ATTEST:

By:-------­ BONNIE PAIGE, CITY CLERK

APPROVED AS TO FORM
By:-------­

DANIEL CARDOZO
Date:

APPROVED AS TO FROM
By: -------­
JOHN M. LUEBBERKE

CITY ATTORNEY
TiUe: --------
SAN JOAQUIN BUILDING AND CONSTRUCTION TRADES COUNCIL, AFLCIO COUNCJL �r,-/.,, __ ;ne: 5q,,rn-r I< ��q,(' l) �l--'I
Titlo: �C<"(:,, t-� / "f <��0 ref
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EXHIBIT D Page 51 of 53 EXHIBIT 2 550
lUN]{,ONS ���ii II {A.w(k
Ele:ctrioal Worker$# 595.
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Boilemialcers # 549
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H,oot & Ft-Oii':t lln.,c:,,w,'ll1t,or1, 1k AmhesttoiA!Hi �%{=-=-
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31J8-017jJ
Attachment A
arpenters Regional
Council on behalf Qf itself and its
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EXHIBIT D Page 52 of 53 EXHIBIT 2 551
Addendum A
Attachment A

CITY OF STOCKTON COMMUNITY WORKFORCE AND TRAINING AGREEMENT

AGREEMENT TO BE BOUND
The undersigned, as a Contractor or Subcontractor, including construction material trucking company/entity, (CONTRACTOR) on the City of Stockton Project, (hereinafter PROJECT), for and in consideration of the award to it of a contract to perform work on said PROJECT, and in further consideration of the mutual promises made in this Community Workforce and Training Agreement (hereinafter AGREEMENT), a copy of which was received and is aclmowledged, hereby:
(1) Accepts and agrees to be bound by the terms and conditions of the AGREEMENT for this Project, together with any and all amendments and supplements now existing or which are later made thereto:
(2) The CONTRACTOR agrees to be bound by the legally established local trust agreements designated in the applicable Schedule A as set forth in Article IV of this AGREEMENT.
(3) The CONTRACTOR authorizes the parties to such local trust agreements to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the CONTRACTOR; ( 4) Cettifies that it has no commitments or agreements which would preclude its full and complete compliance with the terms and conditions of said AGREEMENT. (5) Agrees to secure from any CONTRACTOR(S) (as defined in said AGREEMENT) which is or becomes a subcontractor ( of any tier) to it, a duly executed Agreement to be Bound in form identical to this document.
(6) This Agreement to be Bound constitutes a subscription agreement to the extent of its terms. However, the undersigned agrees to execute a separate Subscription Agreement(s) or contributing employer agreement for Trust Funds when such Trust Fund(s) requires such document(s).

Date: ----------
Name of Contractor
(Name of Contractor Representative)
(Authorized Officer & Title)
CSLB # or Motor Carrier Permit
3238-0 l 7jj
20 EXHIBIT D Page 53 of 53 EXHIBIT 2 552
23 BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, MCFADDEN CONSTRUCTION, INC., a STATE OF CALIFORNIA CORPORATION, as Principal and
, a corporation, organized and existing under the laws of the State of California 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 MILLION, EIGHT HUNDRED THIRTY-SIX THOUSAND, ONE HUNDRED EIGHTEEN AND 30/100 DOLLARS ($1,836,118.30), 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:

SOUTH AIRPORT WAY SEPARATED BIKEWAY
PROJECT NO. WT18008 (FORMERLY PW1808)
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.

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 2 553
24 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 2 554
1 BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:

That we, MCFADDEN CONSTRUCTION, INC., a STATE OF CALIFORNIA CORPORATION, as Principal and __________ , corporation, organized and existing under the laws of the State of California 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 MILLION, EIGHT HUNDRED THIRTY-SIX THOUSAND, ONE HUNDRED EIGHTEEN AND 30/100 DOLLARS ($1,836,118.30), 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:

SOUTH AIRPORT WAY SEPARATED BIKEWAY
PROJECT NO. WT18008 (FORMERLY PW1808)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on EXHIBIT 2 555
2 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 .

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 2 556
City of Stockton
Legislation Text
File #: 23-0639, Version: 1

APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE SEWER

LARGE DIAMETER LINES REHABILITATION PROJECT

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

1. Award a Professional Services Contract to CSG Consultants, Inc. of Sacramento, CA, in the amount of $470,707, for design of the Sewer Large Diameter Lines Rehabilitation, Project No.

UW20020.

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

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

Summary
The Municipal Utilities Department (MUD) follows a Condition Assessment Plan for the City’s sewer infrastructure. This program generates a prioritized list of replacement and/or rehabilitation projects for inclusion in the City’s Capital Improvement Plan (CIP). The program identified two large diameter pipe segments for rehabilitation at the following locations: 1) Fisher Court; and 2) Union Pacific Railroad (UPRR) right-of-way. The project was included in the Fiscal Year (FY) 2022-27 CIP.

On March 8, 2023, the City advertised a Request for Proposals (RFP) for design of the Sewer Large Diameter Lines Rehabilitation project. On April 25, 2023, two firms submitted proposals for this project. The Selection Committee, comprised of Public Works and MUD staff, evaluated the proposals, and found CSG Consultants, Inc. of Sacramento, CA, to be the most qualified firm to perform the scope of work for design services on this project.

It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract in the amount of $470,707 with CSG Consultants, Inc. It is anticipated that the design will be completed by April 2024, with construction completed by spring 2025.

DISCUSSION
Background
The MUD follows a Condition Assessment Program for the City’s sewer infrastructure comprised of City of Stockton Page 1 of 3 Printed on 10/12/2023
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File #: 23-0639, Version: 1
Closed-Circuit Televised Video inspection, pipe cleaning, and engineering evaluation. This program generates a prioritized list of sewer replacement and/or rehabilitation projects for inclusion in the City’s CIP. The program identified two large diameter pipe segments at the following locations: 1) Fisher Court, and 2) Union Pacific Railroad (UPRR) right-of-way. The project was included in the 2022-27 Five-Year CIP and includes rehabilitation of approximately 424 linear feet of 24-inch sewer line along Fisher Court between I-5 and Plymouth Road, and approximately 1,311 linear feet of 42- inch sewer line in UPRR right-of-way between El Dorado Street and Perlman Drive (Attachment A).

Present Situation
On March 8, 2023, the City advertised a RFP for design of the Sewer Large Diameter Lines Rehabilitation, Project No. UW20020. On April 25, 2023, two proposals were received from the following engineering firms:
· CSG Consultants, Inc. (Sacramento, CA)
· Siegfried Engineering, Inc. (Stockton, CA)
A Selection Committee, comprised of Public Works and MUD staff, evaluated the proposals based on the firm’s understanding of work, experience with similar kinds of work, staff qualifications, project approach, cost, and local preference. CSG Consultants, Inc. was found to be the most qualified to perform the scope of work for design services on this project.

Staff negotiated a fee of $470,707 with CSG Consultants, Inc. for design services. This fee is approximately 10 percent of the estimated construction cost, which is reasonable for a project of this size and complexity.

Staff recommends Council approve a motion to award a Professional Services Contract in the amount of $470,707 to CSG Consultants, Inc. for design services of the Sewer Large Diameter Lines Rehabilitation project (Attachment B).

This project will be designed and constructed in two phases. The Fisher Court location is Phase 1.

The project location within UPRR right-of-way is Phase 2 and is being separated from the other location due to the additional coordination required with the railroad, utility companies for relocation, and permitting requirements. It is anticipated that the design of Phases 1 and 2 will be completed by April 2024. Each phase of the project will then be advertised for construction bids, with overall project completion anticipated by spring 2025.

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 sufficient staffing available to design this project.

2. The scope of the design services requires an engineering firm experienced in sanitary sewer rehabilitation technologies.

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

4. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

FINANCIAL SUMMARY
There are sufficient funds available in the Sewer Large Diameter Lines Rehabilitation Project No.

UW20020, Account No. 6518-000-800007-610-612-00-65-000-000, to award the Professional Services Contract in the amount of $470,707 to CSG Consultants, Inc. for this project.

There is no impact to the City’s General Fund or to any other unrestricted fund as a result of taking the recommended action.

Attachment A - Vicinity Map
Attachment B - Professional Services Contract with CSG Consultants, Inc.

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- VICINITY MAP –
Sewer Large Diameter Lines Rehabilitation
Project No. UW20020
Project Locations
LEGEND:

PHASE 1: FISHER COURT
PHASE 2: UPRR RIGHT‐OF‐WAY
UPRR
ATTACHMENT A 560
Professional Services Contract – CSG CONSULTANTS, INC. – PROJECT NO. UW20020 (Updated 07/12/22)

PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is entered into this day of 2023, between the CITY OF STOCKTON, a municipal corporation (“City”), and CSG CONSULTANTS, INC. whose address is 1303 J. STREET, SUITE #270, SACRAMENTO, CA 95814 (“Consultant”) for the SEWER LARGE DIAMETER LINES REHABILITATION (PROJECT NO. UW20020), hereinafter referred to as "Project".

RECITALS
A. Consultant represents that it is licensed in the State of California and is qualified to provide the services proposed in the SCOPE OF WORK section of this Contract.

B. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Contract.

NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions in this Contract, City and Consultant agree as follows:

1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, Consultant shall undertake and complete the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. Consultant agrees that it shall produce a fully complete project that is acceptable to the City.

2. COMPENSATION. City shall pay Consultant for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this reference. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $470,707.00 or as otherwise mutually agreed to in a Contract Amendment.

3. INSURANCE. During the term of this Contract, Consultant shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit C and shall otherwise comply with the other provisions of Exhibit C.

4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by Consultant to a greater extent than permitted under the public policy of the State of California, Consultant shall indemnify, and hold harmless City, its Mayor, Council, officials, and employees from and

Professional Services Contract – CSG CONSULTANTS, INC. – PROJECT NO. UW20020 (Updated 07/12/22)
against any and all claims and causes of action which result in liabilities, judgments, awards, losses, damages, expenses, and costs (including reasonable attorneys’ fees, expert and consultant fees, and other expenses of litigation) including, but not limited to, death or injury to persons, or damage to property, which arise out of any violation of federal, state, or municipal law or ordinance, to the extent damages are caused by the Consultant’s negligent services provided under this Agreement, or are in any way caused by the negligent performance of work by the Consultant or Consultant’s officers, agents, employees, or subcontractors. Consultant shall not be obligated to indemnify or defend City for claims finally determined by a court of law or arbitrator to arise from the 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 Consultant to City, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by Consultant 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 the exception that this section shall in no event be construed to require indemnification by Consultant 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, Consultant shall indemnify, defend, and hold harmless City, its Mayor, Council, officials, representatives, and employees from and against claims, losses, expenses, and costs including, but not limited to, reasonable attorneys’ fees, arising out of any claim brought against the City by an employee of Consultant, regardless of whether such claim may be covered by any applicable workers compensation insurance.

Consultant’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 Consultant under workers’ compensation acts, disability acts, or other employee benefit acts.

5. SCHEDULE AND TERM. Consultant shall perform the scope of work as described Exhibit A according to the schedule detailed in Exhibit C, which is attached to this Contract and incorporated by this reference. This Contract shall commence on the date written above and shall expire on October 31, 2027, unless extended by mutual agreement through the issuance of a Contract Amendment. a. Invoices submitted by Consultant to City must contain a brief description of work performed, time used, and include the City project number. Payment shall be made within thirty (30) days of approval of invoice by City. b. Upon completion of work and acceptance by City, Consultant 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. City shall have no obligation or liability to pay any invoice for work performed which Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.

Professional Services Contract – CSG CONSULTANTS, INC. – PROJECT NO. UW20020 (Updated 07/12/22)

6. CONFORMANCE TO APPLICABLE LAWS. Consultant shall comply with all applicable federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm .

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit E). 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.xht ml?lawCode=LAB&division=2.&title=&part=7.&chapter=1.&article=2. d. PREVAILING WAGE RATES
Consultant 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 rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay

Professional Services Contract – CSG CONSULTANTS, INC. – PROJECT NO. UW20020 (Updated 07/12/22)
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. Consultant 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 Consultant and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The Consultant 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.p df. The Consultant 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 Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant 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 Consultant, 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. PAYROLL RECORDS - The Consultant 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 Consultant’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.

Professional Services Contract – CSG CONSULTANTS, INC. – PROJECT NO. UW20020 (Updated 07/12/22)
iv. APPRENTICESHIP STANDARDS - The Consultant 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. 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.

7. RIGHTS AND DUTIES OF CITY. City shall make available to Consultant all data and information in the possession of City which both parties deem necessary to complete the work, and City shall actively aid and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.

8. OBLIGATIONS OF CONSULTANT. Throughout the term of this Contract, Consultant represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the Consultant to practice its professions, and Consultant shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals. Consultant shall meet with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

9. OWNERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees 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 Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.

Professional Services Contract – CSG CONSULTANTS, INC. – PROJECT NO. UW20020 (Updated 07/12/22)

10. CONTRACT AMENDMENTS. City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant. Any such changes will be set forth in a Contract Amendment 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 Amendment will not become effective until approved by the authorized City official.

11. TERMINATION. The City may terminate this Contract at any time by mailing a notice in writing to Consultant. The Contract shall then be deemed terminated and no further work shall be performed by Consultant. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.

12. CONSULTANT STATUS. In performing the obligations set forth in this Contract, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant.

The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contract any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. 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 Consultant.
i. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any contention by any third party that employer-employee relationship exists by reason of this Contract.

13. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the City,

Professional Services Contract – CSG CONSULTANTS, INC. – PROJECT NO. UW20020 (Updated 07/12/22)
and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.

14. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.

15. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To Consultant: CSG Consultants, Inc. To City: Public Works Director 1303 J. Street City of Stockton
Suite #270 22 E. Weber Ave., Rm. 301
Sacramento, CA 95814 Stockton, CA 95202

16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to the Consultant’s engaging in any operation or activity set forth in this Contract, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.

17. RECORDS AND AUDITS. City reserves the right to periodically audit all charges made by Consultant to City for services under this Contract. Upon request, Consultant agrees to furnish City, or a designated representative, with necessary information and assistance.

Consultant agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant agrees to provide City or its delegate with any relevant information requested, and shall permit City or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract. Consultant agrees to maintain such records for a period of three years from the date that final payment is made.

18. CONFIDENTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

19. CONFLICTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.

Professional Services Contract – CSG CONSULTANTS, INC. – PROJECT NO. UW20020 (Updated 07/12/22)

20. WAIVER. In the event either City or Consultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.

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

22. NO PERSONAL LIABILITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount due Consultant.

23. INTEGRATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.

25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant.

26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.
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Professional Services Contract – CSG CONSULTANTS, INC. – PROJECT NO. UW20020 (Updated 07/12/22)
IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.

CITY OF STOCKTON CSG CONSULTANTS, INC.

By: By:

HARRY BLACK Signature

CITY MANAGER
ATTEST:

Print Name
BY:

ELIZA R. GARZA, CMC Title:

CITY CLERK
APPROVED AS TO FORM:

BY:

DEPUTY CITY ATTORNEY

Cyrus Kianpour
President
ATTACHMENT B 569
Revised Detailed Work Plan–Location 1: Fisher Court
City of Stockton (City) selected CSG Consultants, Inc. for the Sewer Large Diameter Lines Rehabilitation Project (Project). City directed CSG to separate the scope and fee into two, one for each location. This revised scope is for Location 1 – Fisher Court only. To clarify and organize the scope into separate tasks, we’ve summarized CSG’s work plan below.

Task 1 PROJECT MANAGEMENT
Upon issuance of a Notice to Proceed, CSG will set up, manage and review monthly invoices. CSG will continue to set up and update a project schedule using Microsoft Project and provide continuous coordination. The project schedule includes tasks, duration, milestones, assignments, critical paths, successors, predecessors, and other relevant data. The schedule will be maintained and updated monthly throughout the entire project design phase.

Deliverables: Schedule Updates, Invoices
Task 2 BACKGROUND RESEARCH
Task 2.1 – Data Collection
CSG will identify and collect existing base maps, Caltrans and City right-of-way information, as-built drawings, utility information, assessor and subdivision maps, survey notes, sample plans and specifications from the City, County and other agencies. We will conduct site reconnaissance of the project site and perform visual assessment of existing manhole and pipe conditions and evaluate project impacts to the existing roadway, landscape areas and utility improvements. CSG will review City maintenance records and existing CCTV inspection reports and videos to evaluate the conditions of existing sewer pipes.

Task 2.2 – Topographic Survey
Ridgeline Engineering will verify the limits of topographic surveys and level of accuracy with the City staff at the kickoff meeting and perform topographic surveys to collect horizontal and vertical information of sanitary sewer manholes, sewer laterals, other utilities crossing and/or near the sanitary sewer systems, curb and gutter, monuments, sidewalk, pavement, walls, fences, hardscape, landscape and other existing improvements along the sewer main alignment. Set horizontal and vertical control based on City’s Horizontal Control Survey. The elevation will be based on City’s benchmarks. Prepare right of way map and provide AutoCAD file of survey and mapping data.

Task 2.3 – Utility Research and Coordination
CSG will request maps and depth information, if available, from all the relevant utility companies, including City’s MUD, Cal Water, PG&E, AT&T, and Comcast. We will review utility information and identify any conflicts with proposed improvements. CSG will meet with utility companies to discuss proposed improvements and any potential conflicts, adjustments and relocations of their facilities, and potential service interruptions. During preliminary design stage, we will prepare and submit Utility Letter “A” and to the City for review prior to sending the letter to the utility companies. Utility information received from the utility companies will be shown on a base map in both plan and profile views. During 65% design phase, we will prepare and submit Utility Letter “B” to the City for review prior to sending it to utility companies. One set of half-sized 65% plan will be submitted with the Letter “B” to utility companies to confirm any utility conflicts and whether any future utilities are proposed. These plans will show existing surface features, utilities, and proposed improvements to the existing sanitary sewer main and bypass lines. Comments from the reviews by the utility companies will be addressed on the subsequent design plan sets for their review and approval. During 100% design phase, we will prepare and submit Utility Letter “C” to the City for review prior to sending it to utility companies. One set of half-sized 100% plan will be submitted with the Letter “C” to utility companies to indicate whether any changes to the design plans have been made since the submittal of Letter “B”, and request written confirmation of utility relocations, and utility relocation schedule. We will provide copies of all utility data obtained from the utility companies to the City.

EXHIBIT A Page 10 of 40 ATTACHMENT B
PHASE 1
570
Task 2.4 – Utility Potholing
CSG will identify potential utility conflicts within the project areas that require identification and develop a utility pothole plan for City’s review. Subtronics, Inc. will request USA markings and perform utility potholing at up to four (4) selected locations. Pothole surveys will be performed using vacuum excavation. Measurements will be taken to the top of the utility. Provide traffic control, including materials, labor, and equipment, in accordance with the requirements of the appropriate jurisdictions. Provide a copy of the Utility Pothole Report which includes pothole locations, and a table that indicates the utility reference number, description of the utility including size and material were ascertainable and depth to the top of the utility.

Assumption: All fees associated with obtaining necessary permits from outside agencies will be paid for by the City.

Deliverables: Topographic Survey Data, Utility Map Requests, Utility Pothole Exhibits Utility Letters A, B and C with two half-sized Sets of 65% and 100% Plans; Utility Data received from Utility Companies Task 3 ENVIRONMENTAL SERVICES
LSA Associates will determine any environmental requirements that apply to the project and, prepare and submit necessary environmental documents to the resource agencies. Due to the nature and minimal scale of the project and the developed setting at Location 1, the project is anticipated to be categorically exempt under the California Environmental Quality Act (CEQA). Environmental permits are not anticipated for this project. The environmental requirements for this location are anticipated to be limited to the filing of a Notice of Exemption under CEQA with CE memorandum. LSA will prepare the one-page CEQA Notice of Exemption form and assist with the County Clerk filing.

Assumption: All fees associated with obtaining necessary permits from outside agencies will be paid for by the City.

Deliverables: CEQA Notice of Exemption Form with County Clerk Filing Task 4 PS&E DESIGN (65%, 90%, AND 100% DESIGN STAGES)

4.1 – Design Report
CSG will review the existing CCTV inspection reports and videos provided by the City to determine the locations of sewer manholes, assess the conditions of existing sewer pipes, evaluate the structural integrity and useful life of the sewer pipes, identify the suitability of rehabilitation and/or replacement methods, including trenchless and open-cut, and recommend up to three (3) rehabilitation measures and cost-effective alternatives to extend the life of each pipe segment. CSG will coordinate with the City to visually inspect each manhole. If access to the manhole by any personnel from the consultant team to perform more detailed inspection is necessary, CSG will conduct the additional inspection as an extra service. CSG will prepare a draft preliminary design report which will recommend a number of rehabilitation measures with product name, reference, example projects and estimated cost for each alternative. CSG will perform a life cycle analysis to estimate project costs which include all engineering design, construction, permit acquisition, and environmental mitigation measures. A decision matrix of the final recommendation based on cost, impacts to the adjacent properties and sewerage flow bypassing methods will be prepared. CSG will attend a review meeting with City to discuss any review comments provided by the City. The design report will be finalized addressing City comments.

4.2 - PS&E
CSG will prepare a base map at a convenient scale, with available photo mosaic aerial photos as background, showing the existing topographic survey data, utility information and other existing roadway improvements to facilitate the design of necessary improvements using the City’s latest benchmark information. CSG will develop 65% plan using AutoCAD based on the final selection of sewer pipe rehabilitation measures. The plans will include existing locations and depths of sewer manholes and nearby utilities, types and limits of sewer pipe rehabilitation treatments, locations and limits of sewerage flow bypass pipes, limits of pavement repairs if EXHIBIT A Page 11 of 40 ATTACHMENT B 571
needed, preservation of existing survey monuments, stormwater pollution prevention and traffic control needed. The plan set will include the following sheets: Title/General Notes/Key Map, Horizontal Control Plan, Improvement Plans, Construction Details, Bypassing Plans, Pollution Prevention Plans, and Traffic Control Plans.

PS&E documents will be prepared in accordance with the latest City’s standards, and California MUTCD. A response matrix will be prepared listing City’s review comments and CSG’s responses to those comments.

Agreed upon comments will be incorporated. CSG will review and address comments from the 65% and 90% submittals and prepare 95% and 100% Plans, Engineer’s Estimate, and Specifications respectively. After City’s comments on 100% PS&E have been incorporated, a 100% check print will be prepared and submitted to the City for final review prior to plotting the plans on mylars. CSG will provide a preliminary cost estimate and an itemized engineer’s cost estimate in Excel for all proposed improvements. The estimates will be detailed with unit prices and quantities for individual line items of work and specified equipment based on the historical cost index. Cost estimate details (items and descriptions) will be consistent with bid items and specification sections.

CSG will also provide special technical specifications with general provisions in Word. The special specification will be prepared in City or Caltrans format. It is assumed that general provisions (“front end” boilerplate) will be provided by the City in Microsoft Word document format for a similar type of project. CSG will finalize the plans, specifications and engineer’s estimate for the project. The completion of the final PS&E package will constitute a “Ready to Advertise” condition.

4.3 – Quality Control
CSG will perform quality assurance and quality control before each milestone submittal and in conformance to City, and California MUTCD Standards. All deliverables will be reviewed by a QA/QC Reviewer/Manager for completeness, paying attention to see that all bid items are properly defined, and payment sections of the specifications cover all significant cost elements and major items of work. QA/QC Reviewer/Manager will sign Quality Control Checklist at each deliverable submittal.

Deliverables: Two (2) hardcopies and one (1) pdf of Draft and Final Design Reports, Response Matrix to Comments, Base Map showing Existing Improvements in PDF format, One (1) set of Plans in PDF format, one (1) copy of Specifications in PDF format and one (1) copy of Engineer’s Estimates in PDF format at each submittal stage, one (1) sets of Plans on 24”x36” mylar sheets, signed and stamped Specifications in MS Word and PDF formats on a USB Drive, and signed and stamped Engineer’s Estimate in Excel and PDF formats on a USB Drive and Construction Drawing Files in AutoCAD and PDF format at Final Submittal Stage, Signed Quality Control Checklist
Task 5 PUBLIC OUTREACH
The CSG Team will prepare and send public notices with right of entry letters to the affected property owners, including Village Green Homeowner’s Association, in order to gain access to the private properties for site reconnaissance and investigations. CSG will identify any impacts, including service interruptions, encroachments, access restrictions and potential damage to private properties and recommend any necessary mitigation measures during the design stage. Assumption: All fees associated with obtaining any right of entry and permits are not included in this scope.

Deliverables: Public Notices, Signed Right of Entry Letters Task 6 COORDINATION/MEETINGS
Upon issuance of a Notice to Proceed, CSG will schedule a Kickoff meeting with the City to clearly identify and discuss the project objectives, scope, schedule and budget. At this meeting, points of contact will be established; schedules reviewed; standards and guidelines identified; and expectations communicated. CSG will attend up to four (4) design review meetings: when submitting a final design report, after receiving the City review comments at 65%, 90% and 100% submittals. CSG will attend quarterly meetings, pre-construction and post construction meetings as required.

Deliverables: Meeting Agendas and Minutes
Task 7 BID PHASE AND CONSTRUCTION SUPPORT SERVICES
EXHIBIT A Page 12 of 40 ATTACHMENT B 572
Bid Phase Support- CSG will provide assistance to the City during the advertisement and bid period and will furnish the resident engineer with any pertinent project data required to administer the construction contract.

Services under this task may include the following: Review Submittals, Prepare Letters of Clarifications, Prepare Contract Addenda, Prepare and Submit Supplemental Conform Drawings if needed, Provide Resident Engineer Project Data.

Construction Support - CSG will provide engineering support to the City during the construction of the project.

Services under this task may include the following: Attend pre-construction meeting, Review Shop Drawing submittals, Respond to Requests for Information (RFI), Prepare Clarification Sketches, Perform Field Observations (up to 1 visit), Attend Post-Construction Meeting, Prepare As-Built Drawings in AutoCAD and on Mylars.

Deliverables: Letters of Clarifications, Contract Addenda, Conform Drawings in PDF, Resident Engineer file on CD, Requests for Clarifications, Clarification Sketches, Record Drawings on Mylars, As-Built Drawings on Mylars
Task 8 RECORD DRAWINGS
CSG Team will prepare As-Built Drawings in AutoCAD format per redlines provided by the Contractor. Mark up the original mylar sheet with revisions made during construction. The As-Built Drawings will reflect all change orders, accommodations and adjustments to all improvements constructed on the original asbuilt mylars.

Deliverables: Record Drawings on Mylars, As-Built Drawings in AutoCAD and on Mylars Task 9 MONUMENT PRESERVATION
Ridgeline Engineering will research existing Record of Surveys, Parcel Maps, Block Books, Corner Records, and Subdivision Maps to determine the location of existing survey monuments that will be affected by the Project.

The existing monuments will be field surveyed. Prepare a Corner Record prior to and after construction and submit to the County Surveyors Office for survey monuments within Project area that have not been previously recorded and submit a copy to the City. All existing monuments will be shown on the construction package with a language to preserve all monumentation affected by the proposed improvements in accordance with Section 8771 of PLS Act. Review and sign City’s Acknowledgment of Monument Preservation Form.

Deliverables: Corner Record, Signed City’s Acknowledgment of Monument Preservation Form Task 10 RIGHTS OF ENTRY
CSG will prepare public notices in order to gain access to the adjacent properties during site reconnaissance.

We will prepare right-of-entry letters and obtain property owners’ signatures prior to any access on their properties during construction. Identify any impacts, including service interruptions, encroachments, access restrictions and potential damage to private properties, and will recommend any necessary mitigation measures during the design stage. Assumption: All fees associated with obtaining any permits are not included in this scope.

Deliverables: Rights of entry
EXHIBIT A Page 13 of 40 ATTACHMENT B 573
Revised Detailed Work Plan–Location 2: UPRR Property
City of Stockton (City) selected CSG Consultants, Inc. for the Sewer Large Diameter Lines Rehabilitation Project (Project). City directed CSG to separate the scope and fee into two, one for each location. This revised scope is for Location 2 – UPRR Property only. To clarify and organize the scope into separate tasks, we’ve summarized CSG’s work plan below.

Task 1 PROJECT MANAGEMENT
Upon issuance of a Notice to Proceed, CSG will set up, manage and review monthly invoices. CSG will continue to set up and update a project schedule using Microsoft Project and provide continuous coordination. The project schedule includes tasks, duration, milestones, assignments, critical paths, successors, predecessors, and other relevant data. The schedule will be maintained and updated monthly throughout the entire project design phase.

Deliverables: Schedule Updates, Invoices
Task 2 BACKGROUND RESEARCH
Task 2.1 – Data Collection
CSG will identify and collect existing base maps, City and UPRR right-of-way information, as-built drawings, utility information, assessor and subdivision maps, survey notes, sample plans and specifications from the City, County and other agencies. We will conduct site reconnaissance of the project site and perform visual assessment of existing manhole and pipe conditions and evaluate project impacts to the existing roadway, landscape areas and utility improvements and railroad facilities within UPRR right of way. CSG will review City maintenance records and existing CCTV inspection reports and videos to evaluate the conditions of existing sewer pipes.

Task 2.2 – Topographic Survey
Ridgeline Engineering will verify the limits of topographic surveys and level of accuracy with the City staff at the kickoff meeting and perform topographic surveys to collect horizontal and vertical information of sanitary sewer manholes, sewer laterals, other utilities crossing and/or near the sanitary sewer systems, curb and gutter, monuments, sidewalk, pavement, walls, fences, hardscape, landscape and other existing improvements along the sewer main alignment. Set horizontal and vertical control based on City’s Horizontal Control Survey. The elevation will be based on City’s benchmarks. Prepare right of way map and provide AutoCAD file of survey and mapping data. Ridgeline will obtain permits to access railroad property, acquire UPRR access training and flaggers for any field work.

Task 2.3 – Utility Research and Coordination
CSG will request maps and depth information, if available, from all the relevant utility companies, including City’s MUD, Cal Water, PG&E, AT&T, Century Link (formerly Qwest Communication), Level 3 Communication and Comcast. We will review utility information and identify any conflicts with proposed improvements. CSG will meet with utility companies to discuss proposed improvements and any potential conflicts, adjustments and relocations of their facilities, and potential service interruptions. During preliminary design stage, we will prepare and submit Utility Letter “A” and to the City for review prior to sending the letter to the utility companies. Utility information received from the utility companies will be shown on a base map in both plan and profile views. During 65% design phase, we will prepare and submit Utility Letter “B” to the City for review prior to sending it to utility companies. One set of half-sized 65% plan will be submitted with the Letter “B” to utility companies to confirm any utility conflicts and whether any future utilities are proposed. These plans will show existing surface features, utilities, and proposed improvements to the existing sanitary sewer main and bypass lines. Comments from the reviews by the utility companies will be addressed on the subsequent design plan sets for their review and approval. During 100% design phase, we will prepare and submit Utility Letter “C” to the City for review prior to sending it to utility companies. One set of half-sized 100% plan will be submitted with the Letter “C” to utility companies to indicate whether any changes to the design plans have been made EXHIBIT A Page 14 of 40 ATTACHMENT B
PHASE2
574
since the submittal of Letter “B”, and request written confirmation of utility relocations, for example, adjustment of existing fiber optics, and utility relocation schedule. We will provide copies of all utility data obtained from the utility companies to the City.

Task 2.4 – Utility Potholing
CSG will identify potential utility conflicts within the project areas that require identification and develop a utility pothole plan for City’s review. Subtronics, Inc. will request USA markings and perform utility potholing at up to eight (8) selected locations. Pothole surveys will be performed using vacuum excavation. Measurements will be taken to the top of the utility. Provide traffic control, including materials, labor, and equipment, in accordance with the requirements of the appropriate jurisdictions. Provide a copy of the Utility Pothole Report which includes pothole locations, and a table that indicates the utility reference number, description of the utility including size and material were ascertainable and depth to the top of the utility.

Task 2.5 – Geotechnical Investigations
Wallace Kuhl & Associates (WKA) will provide geotechnical investigation services if determined necessary. Prior to drilling, obtain permits from the San Joaquin County Environmental Health Department (SJCEHD), UPRR, and the City. Mark exploration locations for utility clearances by Underground Utility Alert. Two (2) borings will be drilled with a standard truck mounted drilling rig equipped with augers down to about sixty (60) feet below existing grades. Soil samples will be collected at maximum five-foot intervals or at significant changes in lithology. At the completion of borings, the boreholes will be grout backfilled with a slurry of neat cement, bentonite, and water as required by SJCEHD. Collected soil samples will be taken to the laboratory for classification and testing to determine engineering properties of the on-stie soils. Prepare a geotechnical report with soil data included and recommendations on site preparation, engineered fill placement, trench backfill, shoring design perimeters, structural backfill, exterior flatwork, and site drainage.

Assumption: All fees associated with obtaining necessary permits from outside agencies will be paid for by the City.

Deliverables: Topographic Survey Data, Utility Map Requests, Utility Pothole Exhibits Utility Letters A, B and C with two half-sized Sets of 65% and 100% Plans; Utility Data received from Utility Companies, Geotechnical Report and Recommendations
Task 3 ENVIRONMENTAL SERVICES
LSA Associates will determine any environmental requirements that apply to the project and, prepare and submit necessary environmental documents to the resource agencies. LSA anticipates that an Initial Study/Mitigated Negative Declaration (IS/MND) would be the appropriate level of CEQA documentation for Location 2. LSA will prepare the IS/MND and necessary supporting technical studies, including biological and cultural memorandums. LSA will apply for access to UPRR property, acquire UPRR Property Access Training for field technicians, and contract approved rail-flaggers to accompany any field work. Prepare administrative draft and final IS/MND’s with responses to agencies’ comments, as necessary, and draft and final Mitigation Monitoring and Reporting Programs (MMRP).

Assumption: All fees associated with obtaining necessary permits from outside agencies will be paid for by the City.

Deliverables: Draft and Final IS/MND’s and supporting technical studies; Draft and Final MMRP’s Task 4 PS&E DESIGN (65%, 90%, AND 100% DESIGN STAGES)

4.1 – Design Report
CSG will review the existing CCTV inspection reports and videos provided by the City to determine the locations of sewer manholes, assess the conditions of existing sewer pipes, evaluate the structural integrity and useful life of the sewer pipes, identify the suitability of rehabilitation and/or replacement methods, including trenchless and open-cut, and recommend up to three (3) rehabilitation measures and cost-effective alternatives EXHIBIT A Page 15 of 40 ATTACHMENT B 575
to extend the life of each pipe segment. CSG will coordinate with the City to visually inspect each manhole. If access to the manhole by any personnel from the consultant team to perform more detailed inspection is necessary, CSG will conduct the additional inspection as an extra service. CSG will prepare a draft preliminary design report which will recommend a number of rehabilitation measures with product name, reference, example projects and estimated cost for each alternative. CSG will perform a life cycle analysis to estimate project costs which include all engineering design, construction, permit acquisition, and environmental mitigation measures. A decision matrix of the final recommendation based on cost, impacts to the adjacent properties and sewerage flow bypassing methods will be prepared. CSG will attend a review meeting with City to discuss any review comments provided by the City. The design report will be finalized addressing City comments.

4.2 - PS&E
CSG will prepare a base map at a convenient scale, with available photo mosaic aerial photos as background, showing the existing topographic survey data, utility information and other existing roadway and railroad improvements to facilitate the design of necessary improvements using the City’s latest benchmark information.

CSG will develop 65% plan using AutoCAD, based on the final selection of sewer pipe rehabilitation measures.

The plans will include existing locations and depths of sewer manholes and nearby utilities, types and limits of sewer pipe rehabilitation treatments, locations and limits of sewerage flow bypass pipes, limits of pavement repairs if needed, preservation of existing survey monuments, stormwater pollution prevention and traffic control needed. The plan set will include the following sheets: Title/General Notes/Key Map, Horizontal Control Plan, Improvement Plans, Construction Details, Bypassing Plans, Pollution Prevention Plans, and Traffic Control Plans.

PS&E documents will be prepared in accordance with the latest City’s standards, California MUTCD, UPRR Public Projects Manual, and UPRR Wireline/Pipeline Encroachment Permit Planning Guide and Construction Procedures. A response matrix will be prepared listing City’s review comments and CSG’s responses to those comments. Agreed upon comments will be incorporated. CSG will review and address comments from the 65% and 90% submittals and prepare 95% and 100% Plans, Engineer’s Estimate, and Specifications respectively. After City’s and UPRR’s comments on 100% PS&E have been incorporated, a 100% check print will be prepared and submitted to the City for final review prior to plotting the plans on mylars. CSG will provide a preliminary cost estimate and an itemized engineer’s cost estimate in Excel for all proposed improvements. The estimates will be detailed with unit prices and quantities for individual line items of work and specified equipment based on the historical cost index. Cost estimate details (items and descriptions) will be consistent with bid items and specification sections. CSG will also provide special technical specifications with general provisions in Word. The special specification will be prepared in City or Caltrans format. It is assumed that general provisions (“front end” boilerplate) will be provided by the City in Microsoft Word document format for a similar type of project.

CSG will finalize the plans, specifications and engineer’s estimate for the project. The completion of the final PS&E package will constitute a “Ready to Advertise” condition.

4.3 – Quality Control
CSG will perform quality assurance and quality control before each milestone submittal and in conformance to City, California MUTCD Standards, and UPRR Public Projects Manual. All deliverables will be reviewed by a QA/QC Reviewer/Manager for completeness, paying attention to see that all bid items are properly defined, and payment sections of the specifications cover all significant cost elements and major items of work. QA/QC Reviewer/Manager will sign Quality Control Checklist at each deliverable submittal.

Deliverables: Two (2) hardcopies and one (1) pdf of Draft and Final Design Reports, Response Matrix to Comments, Base Map showing Existing Improvements in PDF format, One (1) set of Plans in PDF format, one (1) copy of Specifications in PDF format and one (1) copy of Engineer’s Estimates in PDF format at each submittal stage, one (1) sets of Plans on 24”x36” mylar sheets, signed and stamped Specifications in MS Word and PDF formats on a USB Drive, and signed and stamped Engineer’s Estimate in Excel and PDF formats on a USB Drive and Construction Drawing Files in AutoCAD and PDF format at Final Submittal Stage, Signed Quality Control Checklist
EXHIBIT A Page 16 of 40 ATTACHMENT B 576
Task 5 PUBLIC OUTREACH
The CSG Team will prepare and send public notices with right of entry letters to the affected property owners, including UPRR and San Joaquin County Flood Control District, in order to gain access to the railroad and private properties for site reconnaissance and investigations. CSG will identify any impacts, including service interruptions, encroachments, access restrictions and potential damage to private properties and recommend any necessary mitigation measures during the design stage. CSG Team will obtain Right of Entry Temporary Use Permit from UPRR prior to performing any field investigation within the UPRR property. Assumption: All fees associated with obtaining any right of entry and permits are not included in this scope.

Deliverables: Public Notices, Signed Right of Entry Letters, Right of Entry Temporary Use Permit from UPRR Task 6 COORDINATION/MEETINGS
Upon issuance of a Notice to Proceed, CSG will schedule a Kickoff meeting with the City to clearly identify and discuss the project objectives, scope, schedule and budget. At this meeting, points of contact will be established; schedules reviewed; standards and guidelines identified; and expectations communicated. CSG will attend up to four (4) design review meetings: when submitting a final design report, after receiving the City review comments at 65%, 90% and 100% submittals. CSG will attend quarterly meetings, pre-construction and post construction meetings as required.

Deliverables: Meeting Agendas and Minutes
Task 7 BID PHASE AND CONSTRUCTION SUPPORT SERVICES
Bid Phase Support- CSG will provide assistance to the City during the advertisement and bid period and will furnish the resident engineer with any pertinent project data required to administer the construction contract.

Services under this task may include the following: Review Submittals, Prepare Letters of Clarifications, Prepare Contract Addenda, Prepare and Submit Supplemental Conform Drawings if needed, Provide Resident Engineer Project Data.

Construction Support - CSG will provide engineering support to the City during the construction of the project.

Services under this task may include the following: Attend pre-construction meeting, Review Shop Drawing submittals, Respond to Requests for Information (RFI), Prepare Clarification Sketches, Perform Field Observations (up to 1 visit), Attend Post-Construction Meeting, Prepare As-Built Drawings in AutoCAD and on Mylars.

Deliverables: Letters of Clarifications, Contract Addenda, Conform Drawings in PDF, Resident Engineer file on CD, Requests for Clarifications, Clarification Sketches, Record Drawings on Mylars, As-Built Drawings on Mylars
Task 8 RECORD DRAWINGS
CSG Team will prepare As-Built Drawings in AutoCAD format per redlines provided by the Contractor. Mark up the original mylar sheet with revisions made during construction. The As-Built Drawings will reflect all change orders, accommodations and adjustments to all improvements constructed on the original asbuilt mylars.

Deliverables: Record Drawings on Mylars, As-Built Drawings in AutoCAD and on Mylars Task 9 MONUMENT PRESERVATION
Ridgeline Engineering will research existing Record of Surveys, Parcel Maps, Block Books, Corner Records, and Subdivision Maps to determine the location of existing survey monuments that will be affected by the Project.

The existing monuments will be field surveyed. Prepare a Corner Record prior to and after construction and submit to the County Surveyors Office for survey monuments within Project area that have not been previously recorded and submit a copy to the City. All existing monuments will be shown on the construction package with a language to preserve all monumentation affected by the proposed improvements in accordance with Section 8771 of PLS Act. Review and sign City’s Acknowledgment of Monument Preservation Form.

Deliverables: Corner Record, Signed City’s Acknowledgment of Monument Preservation Form EXHIBIT A Page 17 of 40 ATTACHMENT B 577
Task 10 RIGHTS OF ENTRY
CSG will prepare public notices in order to gain access to the adjacent properties during site reconnaissance.

We will prepare right-of-entry letters and obtain property owners’ signatures prior to any access to their properties during construction. Complete and submit Encased Non-Flammable Pipeline Crossing Exhibit A to UPRR in order to obtain encroachment permit for construction. Identify any impacts, including service interruptions, encroachments, access restrictions and potential damage to private properties, and will recommend any necessary mitigation measures during the design stage. Assumption: All fees associated with obtaining any permits are not included in this scope.

Deliverables: Rights of entry; completed UPRR Encased Non-Flammable Pipeline Crossing Exhibit A EXHIBIT A Page 18 of 40 ATTACHMENT B 578
Principal Engineer
Senior Engineer Associate EngineerLSA Associates (Environmental)Ridgeline Engineering (Topographic Survey)Subtronic (Utility Pothole) Totals
Category $225 $200 $170 Hours Cost Cost
File Setup and Maintain, Management 20 20 $ 4,500 $ 4,500 Microsoft Project CPM Schedule and Update 4 4 $ 900 $ 900 Monthly Invoices 2 2 $ 450 $ 450
26 0 0 26 $ 5,850 $0 $0 $0 $ 5,850
Field Investigation 2 4 4 10 $ 1,930 $ 1,930
Research, Collect and Review Record Files & CCTV 1 4 8 13 $ 2,385 $ 2,385 Topographic Survey/Mapping 2 4 6 $ 1,080 $14,611 $ 15,691 Prepare Utility Map Request Letter "A" 1 4 4 9 $ 1,705 $ 1,705 Utility Coordination and Letter "B" and "C" 2 4 4 10 $ 1,930 $ 1,930 Prepare Utility Relocation Exhibits 1 1 2 4 $ 765 $ 765 Coordinate with Utility Companies for Relocation 4 4 8 $ 1,700 $ 1,700 Utility Potholing (up to 4) 2 2 4 $ 740 $11,180 $ 11,920 $ -
11 25 28 64 $ 12,235 $0 $14,611 $11,180 $ 38,026
Notice of Exemption Form/CE Memo 2 4 6 $ 1,250 $8,150 $ 9,400 2 4 0 6 $ 1,250 $8,150 $0 $0 $ 9,400
Draft Design Report (up to 3 Options) 4 8 16 28 $ 5,220 $ 5,220 Final Design Report 2 4 8 14 $ 2,610 $ 2,610
Base Map 2 2 8 12 $ 2,210 $ 2,210
65% PS&E 20 40 66 126 $ 23,720 $ 23,720
90% PS&E 12 32 40 84 $ 15,900 $ 15,900
100% PS&E 8 16 24 48 $ 9,080 $ 9,080
Final PS&E 4 8 12 24 $ 4,540 $ 4,540
QA/QC Reviews 20 20 $ 4,500 $ 4,500
72 110 174 356 $ 67,780 $0 $0 $0 $ 67,780
Obtain Encroachment Permit for Survey 1 2 3 $ 540 $ 540 Prepare Public Notices and Right of Entry 1 2 3 $ 540 $ 540 Distribute Public Notice and Collect Right of Entry 1 2 3 $ 540 $ 540 0 3 6 9 $ 1,620 $0 $0 $0 $ 1,620
Kick Off Meeting (1) 1 1 2 $ 425 $ 425
City and Subconsultant Coordination 20 20 $ 4,500 $ 4,500 Quarterly Design Review Meeting with City Staff 8 8 16 $ 3,400 $ 3,400 Review Meeting After Each Submittal (4) 4 4 8 $ 1,700 $ 1,700 33 13 0 46 $ 10,025 $0 $0 $0 $ 10,025
Respond to RFI (Bid) 1 1 2 $ 370 $ 370
Prepare Addendum (Bid) 1 1 2 $ 370 $ 370
Prepare Conform Set Drawing (Bid) 1 2 3 $ 565 $ 565
Prepare Resident Engineer File 1 2 3 $ 565 $ 565
Attend Pre-Construction Meetings 1 1 $ 225 $ 225
Review Shop Drawing Submittal 1 1 $ 200 $ 200
Response to RFI 1 1 $ 200 $ 200
Prepare Change Orders 1 1 $ 200 $ 200
Field Observations (1) 2 2 4 $ 740 $ 740
3 7 8 18 $ 3,435 $0 $0 $0 $ 3,435
Prepare Record Drawings 1 4 5 $ 905 $ 905
1 0 4 5 $ 905 $0 $0 $0 $ 905
Monument Preservation (up to 1) 1 1 $ 225 $ 225
1 0 0 1 $ 225 $0 $0 $0 $ 225
Prepare Public Notices 1 2 3 $ 565 $ 565
Prepare Right of Entry Forms 1 1 2 $ 395 $ 395
2 0 3 5 $ 960 $0 $0 $0 $ 960
151 162 223 536 $ 104,285 $8,150 $14,611 $11,180 $ 138,226 $104,285 $8,150 $14,611 $11,180 $138,226
Subtotal - Task 5
Task 5 - Public Outreach
TOTAL
Subtotal - Task 7
Task 7 - Bid and Construction Support Services
Total All Tasks
Task 8 - Prepare Record Drawings
Subtotal - Task 8
Task 6 - Coordination and Meetings
Subtotal - Task 6
Task 9 - Monument Preservation
Subtotal - Task 9
Task 10 - Rights of Entry
Subtotal - Task 10
Subtotal - Task 4
CITY OF STOCKTON - SEWER LARGE DIAMETER LINES REHABILITATION, PROJECT No. UW20020 - FISHER COURT RESOURCE ALLOCATION ESTIMATE PREPARED BY CSG CONSULTANTS - 06/08/2023 Task 1 - Project Management
Subtotal - Task 1
Task Description CSG Totals
Task 2 - Background Research
Subtotal - Task 2
Task 4 - Design Report & Plans. Specification, Estimate (PS&E) Task 3 - Environmental Services
Subtotal - Task 3
CSG Consultants, Inc.

Stockton Sewer Large Diameter Rehab-Fisher Ct_Cost Proposal 2023.06.08.xlsx Page 1 6/8/2023 EXHIBIT B Page 19 of 40 ATTACHMENT B
PHASE1-FISHERCOURT
Phase 1 Total Cost = $138,226
579
Principal Engineer
Senior Engineer Associate EngineerLSA Associates (Environmental)Ridgeline Engineering (Topographic Survey)Subtronic (Utility Pothole) Wallace Kuhl & Associates (Geotechnical) Totals
Category $225 $200 $170 Hours Cost Cost
File Setup and Maintain, Management 20 20 $ 4,500 $ 4,500 Microsoft Project CPM Schedule and Update 4 4 $ 900 $ 900 Monthly Invoices 2 2 $ 450 $ 450
26 0 0 26 $ 5,850 $0 $0 $0 $0 $ 5,850
Field Investigation 2 4 4 10 $ 1,930 $ 1,930
Research, Collect and Review Record Files & CCTV 1 4 8 13 $ 2,385 $ 2,385 Topographic Survey/Mapping 2 4 6 $ 1,080 $19,443 $ 20,523 Prepare Utility Map Request Letter "A" 1 4 4 9 $ 1,705 $ 1,705 Utility Coordination and Letter "B" and "C" 2 4 4 10 $ 1,930 $ 1,930 Prepare Utility Relocation Exhibits 1 3 6 10 $ 1,845 $ 1,845 Coordinate with Utility Companies for Relocation 36 20 56 $ 12,100 $ 12,100 Utility Potholing (up to 8) 6 6 12 $ 2,220 $29,720 $ 31,940 Geotechnical Investigations 4 4 8 $ 1,700 $45,100 $ 46,800 $ -
47 51 36 134 $ 26,895 $0 $19,443 $29,720 $45,100 $ 121,158 IS/MND & MMRP 6 12 18 $ 3,750 $58,273 $ 62,023
6 12 0 18 $ 3,750 $58,273 $0 $0 $0 $ 62,023
Draft Design Report (up to 3 Options) 4 12 16 32 $ 6,020 $ 6,020 Final Design Report 2 8 8 18 $ 3,410 $ 3,410
Base Map 2 2 8 12 $ 2,210 $ 2,210
65% PS&E 20 48 82 150 $ 28,040 $ 28,040
90% PS&E 12 32 60 104 $ 19,300 $ 19,300
100% PS&E 8 24 40 72 $ 13,400 $ 13,400
Final PS&E 4 12 16 32 $ 6,020 $ 6,020
QA/QC Reviews 20 20 $ 4,500 $ 4,500
72 138 230 440 $ 82,900 $0 $0 $0 $0 $ 82,900
Obtain Encroachment Permit for Survey 1 6 7 $ 1,220 $ 1,220 Prepare Public Notices and Right of Entry 1 6 7 $ 1,220 $ 1,220 Distribute Public Notice and Collect Right of Entry 1 8 9 $ 1,560 $ 1,560 Prepare UPRR ROE Temporary Use Permit for Survey 8 8 16 32 $ 6,120 $ 6,120 Coordinate with UPRR for ROE Temporary Use Permit 40 16 56 $ 12,200 $ 12,200 48 27 36 111 $ 22,320 $0 $0 $0 $0 $ 22,320
Kick Off Meeting (1) 1 1 2 $ 425 $ 425
City and Subconsultant Coordination 20 20 $ 4,500 $ 4,500 Quarterly Design Review Meeting with City Staff 8 8 16 $ 3,400 $ 3,400 Review Meeting After Each Submittal (4) 4 4 8 $ 1,700 $ 1,700 33 13 0 46 $ 10,025 $0 $0 $0 $0 $ 10,025
Respond to RFI (Bid) 1 1 2 $ 370 $ 370
Prepare Addendum (Bid) 1 1 2 $ 370 $ 370
Prepare Conform Set Drawing (Bid) 1 2 3 $ 565 $ 565
Prepare Resident Engineer File 1 2 3 $ 565 $ 565
Attend Pre-Construction Meetings 1 1 $ 225 $ 225
Review Shop Drawing Submittal 1 1 $ 200 $ 200
Response to RFI 1 1 $ 200 $ 200
Prepare Change Orders 1 1 $ 200 $ 200
Field Observations (1) 2 2 4 $ 740 $ 740
3 7 8 18 $ 3,435 $0 $0 $0 $0 $ 3,435
Prepare Record Drawings 1 4 5 $ 905 $ 905
1 0 4 5 $ 905 $0 $0 $0 $0 $ 905
Monument Preservation (up to 1) 1 1 $ 225 $ 225
1 0 0 1 $ 225 $0 $0 $0 $0 $ 225
Prepare Public Notices 1 6 7 $ 1,245 $ 1,245
Prepare Right of Entry Forms 1 1 2 $ 395 $ 395
Prepare UPRR Encased Non-Flammable Pipeline Crossing Exhibit A 8 16 24 $ 5,000 $ 5,000 Coordinate with UPRR for Encroachment Permit for Construction 40 40 80 $ 17,000 $ 17,000 50 56 7 113 $ 23,640 $0 $0 $0 $0 $ 23,640
287 304 321 912 $ 179,945 $58,273 $19,443 $29,720 $45,100 $ 332,481 $179,945 $58,273 $19,443 $29,720 $45,100 $332,481
Subtotal - Task 5
Task 5 - Public Outreach
TOTAL
Subtotal - Task 7
Task 7 - Bid and Construction Support Services
Total All Tasks
Task 8 - Prepare Record Drawings
Subtotal - Task 8
Task 6 - Coordination and Meetings
Subtotal - Task 6
Task 9 - Monument Preservation
Subtotal - Task 9
Task 10 - Rights of Entry
Subtotal - Task 10
Subtotal - Task 4
CITY OF STOCKTON - SEWER LARGE DIAMETER LINES REHABILITATION, PROJECT No. UW20020 - UPRR PROPERTY RESOURCE ALLOCATION ESTIMATE PREPARED BY CSG CONSULTANTS - 06/01/2023 Task 1 - Project Management
Subtotal - Task 1
Task Description CSG Totals
Task 2 - Background Research
Subtotal - Task 2
Task 4 - Design Report & Plans. Specification, Estimate (PS&E) Task 3 - Environmental Services
Subtotal - Task 3
CSG Consultants, Inc.

Stockton Sewer Large Diameter Rehab-UPRR_Cost Proposal 2023.06.01.xlsx Page 1 6/2/2023 EXHIBIT B Page 20 of 40 ATTACHMENT B
PHASE2-UPRR PROPERTY
Phase 1 Total Cost = $138,226
Phase 2 Total Cost = $332,481
Total Contract Amount = $470,7 07
580
REV 2022‐05‐17
Insurance Requirements
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:

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: 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 appropriate 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:

EXHIBIT C Page 21 of 40 ATTACHMENT B 581
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.

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 EXHIBIT C Page 22 of 40 ATTACHMENT B 582
REV 2022‐05‐17
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.

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.

Claims Made Policies (Professional & Pollution 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.

EXHIBIT C Page 23 of 40 ATTACHMENT B 583
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.

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
EXHIBIT C Page 24 of 40 ATTACHMENT B 584
ID Task Name Duration Start Finish Predecessors
1 Project Management 62 days Tue 8/8/23 Wed 11/1/23
2 Notice to Proceed 0 days Tue 8/8/23 Tue 8/8/23
3 Kick Off Meeting 1 day Wed 8/9/23 Wed 8/9/23 2FS+1 day 4 Subconsultant Coordination 12 wks Thu 8/10/23 Wed 11/1/23 3 5 Public Outreach 5 days Thu 8/10/23 Wed 8/16/23
6 Obtain City Encroachment Permit for Surveys 5 days Thu 8/10/23 Wed 8/16/23 3 7 Prepare & Submit Public Notices & Right of Entry Letters to Property Owners 5 days Thu 8/10/23 Wed 8/16/23 3 8 Background Research 105 days Thu 8/10/23 Wed 1/3/24
9 Data Collection 6 days Thu 8/10/23 Thu 8/17/23
10 Collect and Review Record Files & CCTV 1 wk Thu 8/10/23 Wed 8/16/23 3 11 Site Reconnaisance 1 day Thu 8/17/23 Thu 8/17/23 10
12 Topographic Surveys / Right of Way Mapping 10 days Thu 8/17/23 Wed 8/30/23 13 Field Survey & Right of Way Mapping 2 wks Thu 8/17/23 Wed 8/30/23 7 14 Utility Research and Coordination 105 days Thu 8/10/23 Wed 1/3/24 15 Utility Map Requests and Review 2 wks Thu 8/10/23 Wed 8/23/23 3 16 Utility Coordination 12 wks Thu 8/10/23 Wed 11/1/23 3 17 Prepare & Submit Utility Letters A & Preliminary Design to Utility Companies 1 wk Fri 9/8/23 Thu 9/14/23 36 18 Prepare & Submit Utility Letters B & 65% Plans to Utility Companies 5 days Thu 10/19/23 Wed 10/25/23 44 19 Prepare & Submit Utility Letters C & 100% Plans to Utility Companies 5 days Thu 12/28/23 Wed 1/3/24 52 20 Utility Potholing 9 days Thu 10/19/23 Tue 10/31/23
21 Prepare Utility Pothole Exhibits 2 days Thu 10/19/23 Fri 10/20/23 44 22 Perform Utility Potholing 1 day Mon 10/23/23 Mon 10/23/23 21 23 Prepare Data Report 5 days Tue 10/24/23 Mon 10/30/23 22 24 Review Pothole Data Report 1 day Tue 10/31/23 Tue 10/31/23 23 25 Environmental Services 40 days Thu 5/1/08 Thu 6/26/08 26 Visit Project Site 1 day Thu 5/1/08 Thu 5/1/08
27 Prepare CEQA Memo 2 wks Fri 5/2/08 Thu 5/15/08 26
28 Obtain CEQA Approval 8 wks Thu 5/1/08 Thu 6/26/08
29 Coordination & Meetings 130 days Thu 8/10/23 Wed 2/7/24 30 City Coordination 100 days Thu 8/10/23 Wed 12/27/23
31 Coordinate with City on Project Status Updates 20 wks Thu 8/10/23 Wed 12/27/23 3 32 Meetings 130 days Thu 8/10/23 Wed 2/7/24
33 Attend Quarterly Project Team Meetings During Design Phase 26 wks Thu 8/10/23 Wed 2/7/24 3 34 PS&E Design 118 days Fri 8/18/23 Tue 1/30/24
35 Prepare Draft Design Report 3 wks Fri 8/18/23 Thu 9/7/23 11 36 Submit Draft Design Report to City 0 days Thu 9/7/23 Thu 9/7/23 35 37 City Review 5 days Fri 9/8/23 Thu 9/14/23 36
38 Prepare Final Design Report 5 days Fri 9/15/23 Thu 9/21/23 37 39 Submit Final Design Report to City 0 days Thu 9/21/23 Thu 9/21/23 38 40 City Review 1 wk Fri 9/22/23 Thu 9/28/23 39
41 Design Team Meeting #1 0 days Thu 9/28/23 Thu 9/28/23 40 42 Prepare Base Map 5 days Thu 8/31/23 Wed 9/6/23 13
43 Prepare 65% PS&E 6 wks Thu 9/7/23 Wed 10/18/23 42
44 Submit 65% PS&E to City 0 days Wed 10/18/23 Wed 10/18/23 43 45 City Review 2 wks Thu 10/19/23 Wed 11/1/23 44
46 Design Team Meeting #2 0 days Wed 11/1/23 Wed 11/1/23 45 47 Prepare 90% PS&E 4 wks Thu 11/2/23 Wed 11/29/23 46
48 Submit 90% PS&E to City 0 wks Wed 11/29/23 Wed 11/29/23 47 49 City Review 2 wks Thu 11/30/23 Wed 12/13/23 48
50 Design Team Meeting #3 0 days Wed 12/13/23 Wed 12/13/23 49 51 Prepare 100% PS&E 2 wks Thu 12/14/23 Wed 12/27/23 50 52 Submit 100% PS&E to City 0 days Wed 12/27/23 Wed 12/27/23 51 53 City Review 1 wk Thu 12/28/23 Wed 1/3/24 52
54 Design Team Meeting #4 0 days Wed 1/3/24 Wed 1/3/24 53 55 Prepare Final PS&E Package to City 5 days Thu 1/4/24 Wed 1/10/24 54 56 Submit Final PS&E Package to City 0 days Wed 1/10/24 Wed 1/10/24 55 57 City Council Approval of Final PS&E Package 0 days Tue 1/30/24 Tue 1/30/24 56FS+14 days 58 Right of Entry 13 days Thu 12/28/23 Mon 1/15/24
59 Prepare Letters with Right of Entry Form to Affected Property Owners 3 days Thu 12/28/23 Mon 1/1/24 52 60 Obtain Right of Entry for Construction from Affected Property Owners 2 wks Tue 1/2/24 Mon 1/15/24 59 61 Bid Phase Support 45 days Wed 2/14/24 Tue 4/16/24
62 Advertise for Bid 21 days Wed 2/21/24 Wed 3/20/24 57FS+15 days 63 Prepare Resident Engineer Files 5 days Wed 2/14/24 Tue 2/20/24 57FS+10 days 64 Open Bids 0 days Wed 3/20/24 Wed 3/20/24 62
65 Negotiate Contract 5 days Thu 3/21/24 Wed 3/27/24 64 66 City Council Approval of Contract 0 days Tue 4/16/24 Tue 4/16/24 65FS+14 days 67 Construction Support 78 days Wed 5/1/24 Fri 8/16/24
68 Pre-Construction Meeting 1 day Wed 5/1/24 Wed 5/1/24 66FS+10 days 69 Construction 12 wks Thu 5/16/24 Wed 8/7/24 68FS+10 days 70 Post Construction Meeting 1 day Thu 8/8/24 Thu 8/8/24 69 71 Prepare As-Built Drawings 5 days Fri 8/9/24 Thu 8/15/24 70 72 Close-out 1 day Fri 8/16/24 Fri 8/16/24 71
73 Monument Preservation 4 days Fri 8/9/24 Wed 8/14/24
74 Prepare & Submit Corner Record to County if needed 3 days Fri 8/9/24 Tue 8/13/24 70 75 Prepare & Submit Monument Preservation Form to City 1 day Wed 8/14/24 Wed 8/14/24 74 8/8 Notice to Proceed
11/1
8/9 Kick Off Meeting
Subconsultant Coordination
8/16 Collect and Review Record Files & CCTV
8/16 Prepare & Submit Public Notices & Right of Entry Letters to Property Owners 8/16 Obtain City Encroachment Permit for Surveys
8/30 Field Survey & Right of Way Mapping
8/17 Site Reconnaisance
11/1
8/23 Utility Map Requests and Review
Utility Coordination
9/14 Prepare & Submit Utility Letters A & Preliminary Design to Utility Companies 10/25 Prepare & Submit Utility Letters B & 65% Plans to Utility Companies 1/3 Prepare & Submit Utility Letters C & 100% Plans to Utility Companies 10/20 Prepare Utility Pothole Exhibits
10/30 Prepare Data Report
10/23 Perform Utility Potholing
10/31 Review Pothole Data Report
12/27 Coordinate with City on Project Status Updates
2/7 Attend Quarterly Project Team Meetings During Design Phase 9/7 Prepare Draft Design Report
9/14 City Review
9/7 Submit Draft Design Report to City
9/21 Prepare Final Design Report
9/21 Submit Final Design Report to City
9/28 City Review
9/28 Design Team Meeting #1
9/6 Prepare Base Map
10/18 Prepare 65% PS&E
10/18 Submit 65% PS&E to City
11/1 City Review
11/29
11/1 Design Team Meeting #2
Prepare 90% PS&E
11/29 Submit 90% PS&E to City
12/13 City Review
12/13 Design Team Meeting #3
12/27 Prepare 100% PS&E
12/27 Submit 100% PS&E to City
1/3 City Review
1/10 Prepare Final PS&E Package to City
1/3 Design Team Meeting #4
1/10 Submit Final PS&E Package to City
1/30 City Council Approval of Final PS&E Package
1/1 Prepare Letters with Right of Entry Form to Affected Property Owners 1/15 Obtain Right of Entry for Construction from Affected Property Owners 3/20 Advertise for Bid
2/20 Prepare Resident Engineer Files
3/20 Open Bids
3/27 Negotiate Contract
4/16 City Council Approval of Contract
5/1 Pre-Construction Meeting
8/7 Construction
8/15 Prepare As-Built Drawings
8/8 Post Construction Meeting
8/16 Close-out
8/13 Prepare & Submit Corner Record to County if needed 8/14 Prepare & Submit Monument Preservation Form to City

E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B August September October November December January February March April May June July August September October November December City of Stockton
Sewer Large Diameter Lines Rehabilitation Project - Fisher Court No. UW20020
Project Schedule Prepared by CSG Consultants (6/9/2023)