City Council and Concurrent Authorities
December 5, 2023

EXHIBIT 1
456
Professional Services Contract – SIEGFRIED ENGINEERING, INC. –PROJECT NO. WT22050/ATPL- 5008(199)
(Updated 04/24/23)
indemnify, and hold harmless the City of Stockton, its officers, officials, employees, and volunteers from and 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 subcontractor s. Consultant shall not be obligated to indemnify or defend City for claims finally determined by a cour t of law or ar bitrator 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 2 782, 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 Consult ant under the law. T he 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 u nder the public policy of the State of California, and in addition to the other indem nity obligations in this Agreement, Consultant shall indemnify, defend, and hold harmless the City of Stockton, its officers, officials, employees, and volunteers 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 applicab le 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 in 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 January 31, 2028 , 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 limitat ion. City shall have no obligation or liability to EXHIBIT 1

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Professional Services Contract – SIEGFRIED ENGINEERING, INC. –PROJECT NO. WT22050/ATPL- 5008(199)
(Updated 04/24/23)

pay any invoice for work performed whic h Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.

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 employme nt of persons or in the prov ision 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 o f, or be subjected to discrimination under any pr ogram 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 Discr imination and Harassment Policy (Exhibit E). The purpose of this policy is to reaffirm the Cit y’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, investigat ing, and resolving complaints of discrimination and harassment in the workplace.

c. LABOR STANDARDS PROVISIO NS/CALIFORNIA LABOR CODE

The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor C ode 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

EXHIBIT 1
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Professional Services Contract – SIEGFRIED ENGINEERING, INC. –PROJECT NO. WT22050/ATPL- 5008(199)
(Updated 04/24/23)

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 rate s 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 purpos es 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 determi nation 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 det ermination. 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 co st 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 Califo rnia. To forfeit as a penalty to City the sum of TWENTY-FIVE A ND 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 mo re 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 pr ovisions of Sections 1770 to 1781 of the Labor Code of the St ate 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 prim e 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

EXHIBIT 1
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Professional Services Contract – SIEGFRIED ENGINEERING, INC. –PROJECT NO. WT22050/ATPL- 5008(199)
(Updated 04/24/23)

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.

iv. APPRENTICESHIP STANDARDS - The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) ce rtified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to admin ister and conduct apprenticeship programs, if applicable to the job.

e. SANCTIONS

Deliverables must conform with all appl icable 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 ai d 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 warrant s 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 requir ed for the Consultant to pr actice 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 document s 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 ma tter in all materials is hereby assigned to the City and the Consultant agrees to exec ute any additional do cuments that may be necessary to evidence such assignment. All materials shall be delivered to the City upon

EXHIBIT 1
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Professional Services Contract – SIEGFRIED ENGINEERING, INC. –PROJECT NO. WT22050/ATPL- 5008(199)
(Updated 04/24/23)
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.

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. TERMINAT
ION. 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 Consultan t. 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 obligat ions 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 Cons ultant 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 Cons ultant 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 Contra ct any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of C onsultant. All terms of employment including hours, wages, working c onditions, 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 t hat 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.

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Professional Services Contract – SIEGFRIED ENGINEERING, INC. –PROJECT NO. WT22050/ATPL- 5008(199)
(Updated 04/24/23)

ii. As an independent cont ractor, Consultant he reby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any content ion 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 writt en consent of the City, 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 require d shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To Consultant: Siegfried Engineering, Inc. To City: Public Works Director 3428 Brookside Road City of Stockton
Stockton, CA 95219 22 E. Weber Ave., Rm. 301
Stockton, CA 95202

16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to t he Consultant’s engaging in any operation or activity set forth in this Contract, Consulta nt shall obtain a City of Stockton business license, which must be kept in effect duri ng the term of this Co ntract. Consultant covenants that it has obtained al l 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 serv ices under this Contract. Upon request, Consultant agrees to furnish City, or a designated representat ive, 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 informati on requested, and shall permit City or its delegate access to its prem ises, upon reasonable notice, dur ing 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 wit h 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.

EXHIBIT 1
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Professional Services Contract – SIEGFRIED ENGINEERING, INC. –PROJECT NO. WT22050/ATPL- 5008(199)
(Updated 04/24/23)

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 in vestment 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.

20. WAIVER. In the event either City or C onsultant 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 am ended 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 o ccur 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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IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.

CITY OF STOCKTON
By:

HARRY BLACK

CITY MANAGER
ATTEST:

BY:

ELIZA R. GARZA, CMC

CITY CLERK
APPROVED AS TO FORM:

BY:

DEPUTY CITY ATTORNEY
SIEGFRIED ENGINEERING, INC.

By:

Signature
Paul J. Schneider PE, QSD/QSP
Print Name
Title: President
Professional Servic
es Contract — SIEGFRIED ENGINEERING, INC. —PROJECT NO. WT22050/ATPL- 5008(199)
(Updated 04/24/23)
EXHIBIT 1

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SCOPE OF WORK
Sieg
fried shall provide preliminary and final engineering services leading to the completion of plans, specifications, and estimates for construction of the Downtown East-West Connection improvements. Siegfried will provide project management, coordination, and preparation of the documents presented in this scope of work. This work will include the following tasks:

Task 1 | Background Research
Tas
k 1.1 | Back ground Research
Sieg
fried will conduct a field reconnaissance of the project area, research and review existing topographic mapping, right-of- way maps, “as-built” plans, record maps, surveys, assessor maps, improvement plans, review and verify the location and type of existing improvements, equipment, bus zone locations, intersection geometrics, posted speed limit signs, on-street parking, bus route movements, and other characteristics for the project.

Siegfried will also conduct field surveys that include collecting topographic information and locating and referencing any survey monumentation to be compromised by the project. Boundary surveys and plotting of road right of way on the improvement plans is not included in the scope of work as all improvements will be within existing City improved areas. Our team will utilize a utility locating service to identify pipe sizes and approximate depth at key existing utility crossings that will be identified as the scope of the project becomes more clear. The number of areas to receive locating is limited to four (4) crossings. The plans will illustrate existing structures, as well as rim and invert elevations for all underground and above ground utilities that conflict with or will be directly affected by the project improvements.

Siegfried will also conduct a pavement condition assessment within the project limits in the proposed bicycle facilities. The assessment will be visual only and no coring or testing is proposed.

Task 1.2 | Parking Study
Sieg
fried will conduct a field survey of the study area to inventory the total parking supply by block face (on-street). This review will include documenting the on-street parking supply by space type (unregulated, time limited, loading, etc.); noting the presence of disabled, loading or other markings; and documenting posted time restrictions and limits. The study area is assumed to be Park Street and Oak Street from Pershing Avenue to Airport Way, Fremont Street from Pershing Avenue to Baker Street, Fremont Street from Airport Way to Wilson Way, and one block of side streets in all directions.

Following the inventory, Siegfried and TJKM will a conduct comprehensive field occupancy survey of all accessible on-street spaces on Fremont only. Parking occupancy surveys determine the peak demand for parking systemwide and for each block face, the pattern of demand across the study area, and where/when there is excess parking available. The surveys will measure parking occupancies on one (1) typical weekday and on one (1) typical Saturday for all on-street spaces to determine occupancy by hour of day. The utilization counts will be taken hourly from 11 AM to 2 PM and 8 PM to 11 PM to ensure peak both residential and business parking demands are assessed.

TJKM will analyze parking utilization rates and patterns to assess the available capacity and the resulting ability for the existing supply to meet the current demand for the study area as a whole as well as for sub-zones within the study area (e.g. focused on residential and business districts). Peak hours of parking demand will be mapped, detailing usage at peak daytime and evening hours for all block faces in the study area. To estimate the future impact of on-street parking removal, the parking demands of side streets will be assessed to determine if there is sufficient available capacity to accommodate spillover.

TJKM will sub consult with a data collection vendor to collect intersection turning movement counts (vehicles, bicycles, and pedestrians) at three intersections (one for each corridor). The location of the intersection will be identified with consultation with the City prior to counting. At each of the count locations, four total hours on three weekdays (Tuesday, Wednesday, and Thursday) at 7 to 9 AM and 4 to 6 PM and one weekend day (11 AM- to 1 PM) will be counted per Interim ATP Count Methodology guidelines
Task 2 | Utility Coordination

EXHIBIT A

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Siegfried will be responsible for performing utility investigations and coordination with utility owners throughout the project development process. Our team will be present at all necessary meetings with each utility owner. We will be responsible, but not limited to, the following: Prepare a project limits map and request utility information from each utility owner within the area of work.

Prepare a project limits map and request utility information from each utility owner within the area of work.

Prepare Utility Letter “A” during preliminary design phase to the affected utility owners for City to review and approve prior to transmitting to utility owners. Information on existing utilities obtained as a result of the “A” letter will be transferred to base maps in both plan and profile view. A copy of the utility data obtained from utility owners will be provided to the City and the originals will be filed in the project files.

Prepare Utility Letter “B” during 50% design phase to the affected utility owners for City to review and approve prior to transmitting to utility owners. Two sets of half-sized 50% plans will be provided to each utility owner as an attachment to the letter. The letter will request that utility owners verify any utility conflicts with proposed improvements and indicate whether any future utilities are proposed in the area that may require accommodation through the improved area. Information on existing utilities obtained as a result of the “B” letter will be used to determine potential utility conflicts and to resolve the conflicts identified. A copy of the utility data obtained from utility owners will be provided to the City and the originals will be filed in the project files.

Prepare Utility Letter “C” during 100% design phase to the affected utility owners for City to review and approve prior to transmitting to utility owners. Two sets of half-sized 100% plans will be provided to each utility owner as an attachment to the letter. The letter will indicate to the utility owners whether any changes have been made to the project plans since the Utility Letter “B” and will request written confirmation of utility relocations and utility relocation schedule. A copy of the utility data obtained from utility owners will be provided to the City and the originals will be filed in the project files.

Siegfried will meet with utility companies as needed to ensure that conflicts are identified, and relocations performed if necessary.

See Task 1.1 for utility locating scope.

Task 3 | Plans, Specifications, and Estimate (PS&E)
Sieg
fried will prepare and complete PS&E documents, which include design improvement plans for demolition, grading, striping, electrical, drainage, paving, staging, erosion control, traffic control, and other civil details as well as technical specifications, and engineer’s estimate. We will prepare a base map showing existing information to facilitate the design of all the necessary improvements in accordance with the City of Stockton Standard Plans and Specifications, current Caltrans Standard Specifications, and current MUTCD, as appropriate. The base map prepared will show existing information to facilitate the design of all the necessary improvements using the City’s latest Benchmark information. The base map limits will be sufficient to cover all necessary improvements within the project area. The project will use the existing curb-to-curb width and back of walkway and round corner limits. We will conform the design to comply with Americans with Disabilities Act (ADA).

Siegfried will provide PS&E documents to the City for review at 50%, 90%, and 100% completion stage, along with the following deliverables at each design stage:

One set of full size, 24”x36” plans (PDF)
One set of specifications (PDF, Word)
Engineers estimate (PDF/Excel)
Siegfried will utilize Bluebeam software for the PDF submittals. With each stage of review, our team will review and incorporate comments, create a comment matrix to track all comments, and provide a signed Quality Control Checklist. Any comments not incorporated into the submittals shall be tracked and justification provided in the comment matrix. Siegfried will submit a comment response matrix from the previous submittal with the proceeding PS&E submittal at each design stage.

Siegfried will provide the City electronic copies of the PS&E after the 100% comments have been incorporated as a final check prior to plotting the plans on mylars. We will provide all correspondence and work products for City files.

EXHIBIT A

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Task 3.1 | 50% PS&E
The
30% design, at minimum, will include a basic geometric configuration of roadway striping layouts, curb alignments at round corner improvements, and typical cross sections. As Siegfried designs the project, we will take into consideration the turning motions of Stockton Unified School District, Stockton Fire Department, San Joaquin Regional Transit District, and Stockton Waste Management vehicles, as well as semitrucks with trailers.

Traffic signal timing for leading pedestrian intervals (LPI) will be calculated per Transportation Research Board 2198 at three signalized intersections (Park Street/Madison Street, Park Street/Wilson Way, Fremont Street/Wilson Way). At each location, TJKM will plot collision data from SWITRS database to ascertain the collision types occurring, conduct field observations at each intersection to check sight distance, measure the lane widths at each crosswalk, then prepare a brief memorandum with our findings and recommendations for the City to review. Based on comments from the City on the draft memorandum, a final memorandum will be prepared with the LPI values for the City staff to input and program into the controller assuming existing controller software has LPI capability.

Siegfried will develop the design to thoroughly identify the locations of utilities, right-of-way, geometric features, and other design elements. Project estimates and specifications will be included at this stage.

The following plan sheets will be included in the 50% PS&E submittal:

Signing and Striping Plans (Park Street, Oak Street, and Fremont Street).

RRFB Plans (3 Locations).

Signal Modification Plans (14 Locations).

Task 3.2 | 90
% PS&E
Sieg
fried will review and itemize the comments from the 50% submittal and a written response to the comments will be prepared in a comment matrix. We will return the original red-line mark-up from the City with the succeeding submittal.

Task 3.3 | 10 0% PS&E
Sieg
fried will complete the design revisions from the preliminary design. Siegfried will provide detailed project estimates and specifications at this stage, and will provide the necessary final PS&E documents in a bid-ready form. Project files and the Project Engineer/Resident Engineer file will be submitted with the Final PS&E.

Quality Control
The
PS&E will be subject to quality control reviews before submittal. These reviews will focus on conformance to City and Caltrans Standards. Siegfried will provide a signed Quality Control Checklist at the time of each deliverable submittal.

Task 4 | Public Outreach
Sieg
fried will research and develop a stakeholder database of potentially interested parties, which will be updated throughout the project with names from the public meetings, sign-in, information from the project team and from telephone, email and personal contact as well as the preferred method of contact, and potential key interest/concerns. The database will be coded according to the interest and involvement with the project. Among the groups on the stakeholders list will be the following:

Council members Susan Lenz and Brando Villapudua and other elected and appointed officials Residents and property owners adjacent to the proposed project area Businesses and other establishments adjacent to the project area Emergency Responders
School District
Public Transit

EXHIBIT A

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The mailing list is limited to 1,000 locations. Siegfried will host, at minimum, two (2) Public Information Meetings to present concepts and design features to the neighboring residents and businesses, and to the public. In collaboration with City staff, Siegfried will determine the locations near the project site to have each meeting. The meetings will be designed primarily to provide information on the project features, goals, and construction impacts. Our team will schedule the meetings and make all meeting arrangements; write, design, and issue meeting notices by first-class mail to stakeholders and by third-class mail to nearby residents; prepare agendas, sign-in sheets, comment sheets, signage, and other print materials; facilitate meeting proceedings; venue coordination, prepare exhibits and a PowerPoint presentation for each meeting to illustrate concepts and plan elements; record public comments/assist with appropriate responses; and prepare a detailed meeting report. Following the meeting, Siegfried will develop a summary of the meeting which will include all feedback received and photographs of the meeting.

The first meeting will be scheduled after the 50% plans and Fremont parking study have been prepared. The second meeting will be prior to the bid documents being released.

Task 5 | Coordination/Meetings
Sieg
fried will attend a design kick-off meeting and other subsequent meetings with the City (in-person or virtual), as needed, to finalize the design. Our team will attend a pre-construction meeting, a post construction meeting, and meet and assist staff during construction as required. We will prepare and provide a comprehensive work schedule to reflect the timeframe for each task of the proposed scope of work, utilizing Microsoft Project. The project schedule will show the tasks, duration, milestones, assignments, critical paths, successors, predecessors, and other relevant data. The project schedule will be maintained and updated monthly throughout the duration of the PS&E phase of the project. An updated project schedule will be submitted after each submittal review.

Task 6 | Design Support During Construction
As pa
rt of the proposal, Siegfried will include bid support services that consist of assisting the City in addressing inquiries submitted during bidding and design support during construction phase of the project. We will include services for design support during construction which include responding to RFIs, submittal reviews and approvals, assist City staff in reviewing Contract Change Orders, attend construction and field meetings if necessary, assist the City Inspector with specific design- related issues during construction and any needed consultation with the construction contractor and/or the City Project Manager/Resident Engineer throughout construction.

Task 7 | As-built Drawings
Sieg
fried will prepare as built drawings upon receipt of red-lines from the contractor, as well as provide electronic copies of the As-built sheets. As-built record drawings will reflect change orders, accommodations, and adjustments to all improvements constructed. Prior to accepting the As-built Plans, City staff will review the Record Drawings and electronic files to confirm that they reflect what has been constructed. Electronic files of the As-built drawings (PDF format) and CAD (DWG or DXF format) will be provided in addition to the original As-Built Mylars. Changes will be reflected on the mylars either by hand or on a new printed sheet.

Deliverables:

Electronic Files of As-built drawings (PDF format) and CAD (DWG or DXF) Task 8 | Preserving and Perpetuating Survey Monuments Sieg
fried will identify, list, and show existing survey monuments on construction plans. Siegfried shall include language in the PS&E package to preserve all monumentation affected by the work being performed in accordance with Section 8771 of the Professional Land Surveyors Act in the Business and Professionals Code of the State of California.

Task 9 | Performance Outcome

EXHIBIT A

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468
F:\2
3projects\23236 City of Stockton Downtown East-West Connection\Marketing\Scope and Fee\23236 Downtown Connection Scope of Work Rev

1.docx
The Siegfried Team will perform and provide to the City before and after construction pedestrian and bicycle counts in accordance with the Interim Count Methodology Guidance. Before construction counts shall be conducted no more than 6 months before the construction phase begins, and after construction counts shall be conducted at least 6 months after project completion (before and after counts must be performed at the same location on the same days of the week, the same times of day, and the same week of the year; refer to the ATP Count Methodology Guidelines for count data collection methods and requirements). Our team will recommend the locations, dates, times and counting periods during the design process and submit to the City for acceptance.

EXHIBIT A

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469

WORK BREAKDOWN CHART FOR
City of Stockton East-West Connection
September 8, 2023
Siegfried
Classification/Subconsultant
Task 1 - Background Research
Task 2 - Utility Coordination
Task 3.1 - 50% PS&E's
Task 3.2 - 90% PS&E's
Task 3.3 - Final PS&E's
Task 4 - Public Outreach
Task 5 - Coordinations/Meetings
Task 6 - Design Support During
Bidding and Construction
Task 7 - As Built Drawings
Task 8 - Monument Pres
Task 9 - Performance Outcome
Total Hours
Hou
rly Rate
Base Scope
Managing Principal - Paul Schneider 4 1 8 8 8 4 8 2 1 44 $268.00 $11,792 Principal - Survey - Kevin Genasci 8 2 4 14 $240.00 $3,360 Principal _Geotech -Brad Quon 4 6 10 $240.00 $2,400
Associate - Nathan Berend 2 2 40 30 20 4 40 16 2 2 158 $18 8.00 $29,704 Engineer II - Tyler Fine 20 80 50 36 16 80 282 $16 3.00 $45,966 Senior Technician - Greg Samoy 40 60 50 20 8 16 194 $14 2.00 $27,548 Associate - Public Outreach - Chris Kay 24 24 $188.00 $4,512 Surveyor II - Manny DeBranca 8 4 12 $157.00 $1,884
Party Chief - Scott Soares 80 8 88 $211.00 $18,568
TJKM Principal 2 2 2 4 1 11 $240.00 $2,640
TJKM Senior PM 4 32 10 10 16 4 1 4 81 $190.00 $15,390
TJKM Senior Transportation Engineer 72 24 16 8 120 $16 5.00 $19,800 TJKM Assistant Transportation Engineer 80 32 24 2 8 146 $12 0.00 $17,520 TJKM Transportation Planner 40 24 64 $130.00 $8,320
Traffic Counts and Parking Data $11,000 $4,000 $15,000 $15 ,000 Aerial Survey and Utility Locator $20,000 $10,000 $30,000 $30 ,000 Total Hours 192 23 380 206 138 64 1 22 28 31
Category Total $65,584 $13,904 $60,704 $33,214 $22,992 $8,944 $12,704 $20,520 $4,066 $3,276 $8,496 Reimbursable Expenses
$16 $96 $96 $86 $8 $3,556 $96 $80 $34 $24 $4
Total $65,600 $14,000 $60,800 $33,300 $23,000 $12,500 $12,800 $20,600 $4,100 $3,300 $8,500 Not-To-Exceed Fee
$258,500

EXHIBIT B

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22 CiViL ■ STRUCTURAL ■ GEOTECHN iCAL ■ SURVEY ■ LANDSCAPE ■ PARTNER iNG ■ ATHLET iCS 3428 Brookside Road, Stockton, CA 95219 ■ t | 209.943.2021 f | 209.942.0214 ■ siegfriedeng.com

SCHEDULE
ID Task Name Duration Start Finish Predecessors
1 Stockton Downtown East-West Connection 526 days Tue 12/12/23 Tue 12/16/25 2 City Issues NTP 0 days Tue 12/12/23 Tue 12/12/23
3 Background Research 35 days Tue 12/12/23 Mon 1/29/24
4 Obtain Historical Documents and Review 10 days Tue 12/12/23 Mon 12/25/23 2 5 Research Boundary 20 days Tue 12/12/23 Mon 1/8/24 2
6 Prepare Utility A Letters 3 days Tue 12/12/23 Thu 12/14/23 2 7 Perform Topographic and Boundary Surveys 35 days Tue 12/12/23 Mon 1/29/24 2 8 Construction Documents and Estimates 160 days Tue 1/30/24 Mon 9/9/24 9 Scoping Plan and Cost Estimate 10 days Tue 1/30/24 Mon 2/12/24 7 10 City Review and Final Scope Selection 10 days Tue 2/13/24 Mon 2/26/24 9 11 30% Submittal 40 days Tue 2/27/24 Mon 4/22/24
12 Prepare for 30% Submittal 25 days Tue 2/27/24 Mon 4/1/24 10 13 Agency Plan Check 15 days Tue 4/2/24 Mon 4/22/24 12
14 60% Submittal 40 days Tue 4/23/24 Mon 6/17/24
15 Prepare for 60% Submittal 25 days Tue 4/23/24 Mon 5/27/24 13 16 Agency Plan Check 15 days Tue 5/28/24 Mon 6/17/24 15 17 90% Submittal 35 days Tue 6/18/24 Mon 8/5/24
18 Prepare for 90% Submittal 20 days Tue 6/18/24 Mon 7/15/24 16,13 19 Agency Plan Check 15 days Tue 7/16/24 Mon 8/5/24 18
20 100% and Final Submittals 25 days Tue 8/6/24 Mon 9/9/24 21 Prepare for 100% Submittal 15 days Tue 8/6/24 Mon 8/26/24 19 22 Agency Final Review and Approval 10 days Tue 8/27/24 Mon 9/9/24 21 23 Public Outreach 90 days Tue 2/27/24 Mon 7/1/24
24 Send Outreach Notice 1 10 days Tue 2/27/24 Mon 3/11/24 10 25 Outreach Meeting 1 0 days Mon 3/11/24 Mon 3/11/24 24 26 Send Outreach Notice 2 10 days Tue 6/18/24 Mon 7/1/24 16 27 Outreach Meeting 2 0 days Mon 7/1/24 Mon 7/1/24 26
28 Advertise and Contract Award 116 days Tue 9/10/24 Tue 2/18/25 29 Final Plan Approvals & Bid Package Prep 5 days Tue 9/10/24 Mon 9/16/24 22 30 Advertise Project to Bidders 25 days Tue 9/17/24 Mon 10/21/24 29 31 Bid Opening 0 days Mon 10/21/24 Mon 10/21/24 30
32 Final Staff Report 15 days Tue 10/22/24 Mon 11/11/24 31 33 City Council Authorization 41 days Tue 11/12/24 Tue 1/7/25 32 34 Biology Pre-Construction Survey 5 days Wed 1/8/25 Tue 1/14/25 33 35 Award Contract 25 days Wed 1/8/25 Tue 2/11/25 33
36 Issue Notice to Proceed 5 days Wed 2/12/25 Tue 2/18/25 35 37 Construction 180 days Wed 2/19/25 Tue 10/28/25 36
38 Performance Counts and Report 35 days Wed 10/29/25 Tue 12/16/25 37 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2024 2025 2026
Task
Critical Task
Milestone
Summary
Rolled Up Task
Rolled Up Critical Task
Rolled Up Milestone
Rolled Up Progress
Split
External Tasks
Project Summary
Group By Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Progress
Deadline
Manual Progress

PROJECT SCHEDULE

CITY OF STOCKTON DOWNTOWN EAST WEST CONNECTION IMPROVEMENTS

CITY OF STOCKTON, CALIFORNIA
Tue 8/22/23
Project: Downtown East West Connec
Date: Tue 8/22/23

EXHIBIT C

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Insurance Requirements for Professional Services
Downtown East-West Connection, Project No. WT22050/ATPL-5008(199) 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 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

4. Professional Liability/Errors and Omissions insurance appropriates to the Consultant’s
profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 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 D

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

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

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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.

Verification of Coverage
Contractor shall fur
nish 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.

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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, 3
rd Floor – HR
Stockton, CA 95202

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City of Stockton
Legislation Text
File #: 23-0897, Version: 2

REJECT BIDS FOR THE CITYWIDE SIDEWALK REPAIR PROJECT

RECOMMENDATION
It is recommended that the City Council approve a motion to reject all bids received for the Citywide Sidewalk Repair, Project No. WD22053, pursuant to Stockton Municipal Code section 3.68.160(B).

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 Citywide Sidewalk Repair project would have removed and replaced sidewalks, curbs, and gutters damaged by City-maintained tree roots at approximately 425 locations citywide (Attachment A) to reduce the City’s current sidewalk repair backlog (Attachment B).

On April 20, 2023, the City received four bids for this project. FBD Vanguard Construction, Inc. of Livermore, CA, the apparent lowest and most responsive bidder, submitted a bid in the amount of $3,729,818. Pursuant to Stockton Municipal Code (SMC) section 3.68.160(B), staff recommends Council approve a motion to reject all bids received and rebid the project with a revised scope. The separate tree removal project to prepare for these sidewalk replacements has been put on hold indefinitely. To maximize the project funding, staff proposes to re-advertise the bid package with strategically identified locations using the existing backlog sidewalk replacement list where the tree has already been removed intentionally or naturally.

DISCUSSION
Background
The City maintains approximately 780 centerline miles of streets, most of which contain curbs, gutters, and sidewalks. Prior to 1968, the adjacent property owner was responsible for all maintenance of the curbs, gutters, and sidewalks in accordance with the Streets and Highways Improvement Act of 1911. In 1968, Council revised the SMC to assume responsibility for repairs to all curbs, gutters, and sidewalks in cases where the damage is caused by City-owned or controlled trees (prior SMC 12.04.040).

The City regularly receives requests to repair curbs, gutters, and sidewalks. Each request is evaluated to determine whether the repair is the City's responsibility. The sidewalk location is added to a database called Backlog Sidewalk Repair List, for future permanent repairs if repairs are warranted. For sidewalk locations that need immediate correction, the temporary repair is made using asphalt or concrete material to patch the displaced area to remove the tripping hazard.

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Permanent repairs are made as funding becomes available and are prioritized in chronological order based on the date of the original service request.

Permanent repairs of curbs, gutters, and sidewalks damaged by a City-owned tree, including tree root trimming as needed, involve the complete removal and replacement of concrete. A determination is made to preserve the adjacent City-owned tree causing the damage or to remove it. The City tries to preserve existing trees where feasible, and each tree is evaluated on a case-by-case basis. The evaluation includes the following:
· Tree’s existing health;
· Ability to trim roots without negatively impacting the tree’s health and/or compromising its structural integrity; and
· Feasibility of modifying the sidewalk from typical design standards to leave the tree as is, without trimming the roots.

Oftentimes, preservation of the tree increases the probability that sidewalk damage will re-occur.

Present Situation
On March 29, 2023, the Citywide Sidewalk Repair, Project No. WD22053, was advertised for bids.

On April 20, 2023, four bids were received with the following results:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
FBD Vanguard Construction, $3,729,818 $3,729,818
Inc.
(Livermore, CA)
United Pavement Maintenance, $4,106,094 $4,106,094
Inc.
(Hughson, CA)
Tom Mayo Construction, Inc. $4,927,750 $4,829,195
(Stockton, CA)
B&M Builders, Inc. $5,176,670 $5,176,670
(Rancho Cordova, CA)
Engineer’s Estimate $3,537,100
The requirements of 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.

FBD Vanguard Construction, Inc. of Livermore, CA, the apparent lowest and most responsive bidder, submitted a bid in the amount of $3,729,818. This project would have removed and replaced City of Stockton Printed on 11/30/2023Page 2 of 3
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sidewalks, curbs, and gutters damaged by City-maintained tree roots at approximately 425 locations citywide to reduce the City’s current sidewalk repair backlog.

The separate tree removal project implemented earlier this year to prepare for these sidewalk replacements has been put on hold indefinitely. To maximize the project funding, staff proposes to re- advertise the bid package with strategically identified locations using the existing backlog sidewalk replacement list where the tree has already been removed intentionally or naturally.

SMC section 3.68.160(B) provides that Council shall award a contract to the lowest and best regular responsible bidder or reject all bids. Staff recommends Council approve a motion to reject all bids received and rebid the project with a revised scope.

FINANCIAL SUMMARY
There is sufficient funding in the Citywide Sidewalk Repair, Project No. WD22053, for the re- advertisement process.

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 - Project Map
Attachment B - Location List
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HAMMER LNHAMMER LN

BEN HOLT DR

ELDORAD
O
ST
W
ILSON
W
Y

MARCH LN

MARCH LN

WATERLOO RD

FREMONT ST

MARIPOSA
RD

AIRPORT WY

DR MLK JR BL

MAIN ST

EIGHT MILE RD

DAVIS RD

THORNTON
RD

LOWERSACTO
RD

WEST LN

PARK ST

PACIFIC AV

DAVIS RD

GATEWAY

CHEROKEE RD

ROBERTS RD

EIGHTH ST

MORADA LN

PACIFIC AV

PERSHING AV

ALPINE AV

WEST LN

HARDING WY

EL DORADO ST
CALIF
ST

CENTER ST
HOLM
AN
RD
TRINIT
Y
PK

LOWER SACTO RD

CHARTER WY
µ
0 0.75 1.5 2.25 30.375
Miles
LEGEND
Sidewalk Repair Locations
Parks
Public Schools
Citywide Sidewalk Repair,
Project No. WD22053

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A
493
No. Address No. Address
1 Claremont  Av & W Jamestown St 51 1638  Whitney St
2 946  N Orange St 52 1312  W Rose St
3 6104  Glenbrook Ln 53 815  W Willow St
4 1401  W Elm St 54 329  W Walnut St
5 709  N Stockton St 55 404  N American St
6 3150  Appling Ci 56 701  N Madison St
7 328  E Cleveland St 57 1155  W Vine St
8 620,  624, 636 W Vine St  58 305 S Locust St
9 2525 Dwight Wy 59 1145  W Acacia St
10 1622  Meadow Av 60 811  W Poplar St
11 211  & 212 E Mayfair Av 61 636  E Lindsay St
12 8334  Colonial Dr 62 911  E Banbury Dr
13 3826  West Creek Dr 63 821  W Poplar St
14 2619  Winslow Wy 64 419  W Flora St
15 1633  W Walnut St 65 1847  S San Joaquin St
16 719  Diane Av 66 2309  Seg arini Wy
17 6886  Annapolis Quay Ci 67 1232  Hutchinson Av
18 1607  and 1624 W Regal St 68 9038  Stonewood Dr
19 6039  Carolina Ci 69 311  E Market St
20 1829  W Rose St 70 344  Della St
21 116,  122 and 136 W Third St 71 8243  Onyx Ct
22 1205  S Hunter St 72 8249  Onyx Ct
23 717  W Harding Wy 73 1427  N Van Buren St
24 111  W Sonoma Av 74 826 N Califo rnia St
25 1629  Seward Wy 75 1830  N Edison St
26 2233  Grand Canal Blvd 76 224  S Sutter St
27 1004  W Park St 77 8420  Kiltie Wy
28 5818  Linda Sue Dr 78 1824  S California St
29 3235  Meade Dr 79 1011  N Edison St
30 1221  W Acacia St 80 1029  W Park St
31 1125  W Acacia St 81 1164  W Mendocino Av
32 546  E Robinhood Dr 82 33  W Pine St
33 3326 Tim
berlane Dr 83 421  Regent N St
34 668  S Central Av 84 715  W Los Felis Av
35 3225  Blue Ridge Ci  85 1948  Santa Fe Dr
36 810  S Tuxedo Av 86 5478  Governor Ci
37 2488  E Market St 87 2210  Lido Ci
38 2731  N California St 88 622  E Worth St
39 1215  W Walnut St 89 1825  W Hammer Ln
40 2705  Country Club Blvd 90 534  E Maple St
41 2388 N Califor
nia St 91 628  N Sutter St
42 1302  W Acacia St 92 35  W Magnolia St
43 1045  N San Jose St 93 1458  San Juan Av
44 65  N Commerce St 94 2661  Crafton Wy
45 44  W Fourth St 95 1119  N Airport Wy
46 6724  Fredericksburg Pl 96 1641  E Eighth St
47 2240  Crafton Wy 97 1661  E Miner Av
48 1602  Venetian Dr 98 215  E Monterey Av
49 3823 Otto D
r 99 1534  E Eighth St
50 8477  N El Dorado St 100 1530  E Eighth St
Citywide Sidewalk Repairs, Project No. WD22053
Location List

ATTACHMENT B
494
No. Address No. Address
Citywide Sidewalk Repairs, Project No. WD22053
Location List
101 2631  Dwight Wy 151 1422  N Van Buren St
102 621  S Broadway Av 152 2056  Lucerne Av
103 8352  Diana Marie Dr 153 705  Lexington Av
104 1375  N Yosemite St 154 1893  W Harding Wy
105 2  W Castle St 155 1301  S Van Buren St
106 4121  Antioch Wy 156 5818  Brush Creek Dr
107 2387  E Fremont St 157 9802  Twin Creeks Av
108 1533  N San Joaquin St 158 1601  E Hazelton Av
109 1555 W Harding W
y 159 2925  Pacific Av
110 1145  W Flora St 160 446  Tuxedo N Av
111 8351  N El Dorado St 161 1405  Channel St
112 2232  E Church St 162 832  E First St
113 2951  Appling Ci 163 205  E Bianchi Rd
114 238  E Church St 164 1304  N Yosemite St
115 600  Regent S St 165 48  W Rose St
116 936  W Magnolia St 166 815  W Alpine Av
117 442  S Bro adway Av 167 3575  Mill Springs Dr
118 2108  W Rose St 168 1706  Milton St
119 427  E Mariposa Av 169 535  N Edison St
120 1403  S Aurora St 170 7135  Shoreham PL
121 1248  N Yosemite St 171 3211  Bixby Wy
122 2435  Myrtle St 172 6  N F St
123 1604  E Harding Wy 173 504  Northbank Ct 96
124 624  W Vine St 174 1023  Melbourne Av
125 2355,  2369 E Lafayette St  175 1061 W Mendoci no Av 126 528  S American St 176 822  N Pilgrim St
127 727  E Mayfair Av 177 6840  Butler Ct
128 2545  Tamarisk Av 178 5405  N Pershing Av
129 3318  Mansfield Ct 179 1029  W Fremont St
130 1739  Chaparral Wy 180 1617  N El Dorado St
131 1230  E Worth St 181 1205  E Weber Av
132 933  S Sierra Nevada St 182 2270  E Swain Rd
133 3002  N Sutter St 183 2254 Old Del Monte St
134 2404  Allston Wy 184 1038  N Commerce St
135 1311  W Flora St 185 3509  Stone River Ci
136 5464  Governor Ci 186 5020  Mallard Creek Ct
137 1811  S American St 187 1211  N Hunter St
138 4126  Crown Av 188 432  N Grant St
139 128  E Clay St 189 1551  W Willow St
140 1114  E Lindsay St 190 2515  N Center St
141 548  E Fifth St 191 1045 W Oak St
142 515  E Ninth St 192 2205  N Orange St
143 921  W Ponce De Leon Av 193 1818  West Ln
144 2311  N Hunter St 194 36  E Jefferson St
145 6009  Glenbrook Ln 195 1871  W Willow St
146 615  W Vine St 196 408  Tuxedo N Av
147 1661  W Poplar St 197 57  E Geary St
148 226  E Arcade St 198 1020  W Willow St
149 1014  Sunnyoak Wy 199 2925 N El Dorado St
150 9427  Kimbrough Ct 200 5758  Lorraine Av

ATTACHMENT B
495
No. Address No. Address
Citywide Sidewalk Repairs, Project No. WD22053
Location List
201 353  W Swain Rd 251 2419  N Argonaut St
202 507  Aspen St 252 3319  N Pershing Av
203 546  E Pine St 253 760  Sutherland Dr
204 2269  Peralta Av 254 635  Bristol Av
205 2317  Shropshire Dr 255 8849  Littleoaks Wy
206 842  W Vine St 256 1620  E Worth St
207 1305  S El Dorado St 257 1125  W Flora St
208 3405  Courage Ct 258 1234  Briarwood Wy
209 1826  Westmora Av 259 601  W Vine St
210 9412  Squire Ln 260 1556 W Willow St
211 5076  Moss Creek Ci 261 3020  Sleepy Hollow Dr
212 9464  Blackswain PL 262 5331  ST Kitts Ct
213 9567  Thornton Rd 263 1130  Pinchot St
214 5646  Kermit Ln 264 10744  Beachcomber Dr
215 49  W Yokuts Av 265 1341  W Robinhood Dr A3
216 4322  Inlet Rd 266 430  E Market St
217 1957  W Rose St 267 1873  Monte Diablo Av
218 3627  Mill Springs Dr 268 1751  N Hunter St
219 6038 Po
rtsmouth Pl  269 1731  Fontanella Wy
220 3401  Hepburn Ci 270 405  S Argonaut St
221 3333  Whistler Wy 271 9662  Apple Blossom Wy
222 School  Av & E Walnut St 272 1640  W Willow St
223 10624  Pleasant Valley Ci 273 515  E Second St
224 3126  Apppling Ci 274 10140  Holman Rd
225 8718  Blue Grass Dr 275 1106  N Van Buren St
226 6209  Alturas Av 276 843  N Yosemite St
227 1202 S
chool Av 277 901  S Harrison St
228 6038  Cresenda Av 278 1206  W Acacia St
229 128  W Walnut St 279 1170  W Elm St
230 250  W Jackson St 280 680  W Alpine Av
231 620  N Aurora St 281 1317  Perry Av
232 745  N Baker St 282 9834  Deep Water Ln
233 1233  N San Joaquin St 283 2525  N Center St
234 511  E Second St 284 9512  Fairhaven Dr
235 204  E Bianchi Rd A20 285 333  Regent Ct
236 527  N Van Buren St 286 947  W Harding Wy
237 460  W Walnut St 287 1256  Chaparral Wy
238 1033  Parma Rd 288 685  Central N Av
239 26  E Wyandotte St 289 4707  Pacific Av
240 2263  E Lafayette St / 2255 290 2196  E Market St
241 1751  Greeley Wy 291 2140  E Market St
242 1932  W Acacia St 292 2275  E Washington St
243 536  W Rose St 293 2273 E Washington St
244 1732  W Flora St 294 2270  E Washington St
245 1126  E Market St 295 2205  E Washington St
246 1601  W Harding Wy 296 2690  Kensington Wy
247 1655  E Main St 297 4101  Manchester Av
248 27  Glendora Av 298 1703  Funston Av
249 1320  W Park St 299 6926  Sumter Quay Ci
250 1117  N Sutter St 300 2717  Cypress Av

ATTACHMENT B
496
No. Address No. Address
Citywide Sidewalk Repairs, Project No. WD22053
Location List
301 1018  Armor Dr 351 534  S Stanislaus St
302 7925  Graceland Ct 352 2325  E Church St
303 9962  River View Ci 353 2619  W Acacia St
304 707  N Monroe St 354 2904  Kensington Wy
305 241  E Adams St 355 5740  Kermit Ln
306 1828  Elizabeth Av 356 5748  Kermit Ln
307 926  W Rose St 357 1929  William Moss BL
308 1043  N Stockton St 358 1128  S Harrison St
309 2020  Allston Wy 359 520  W Walnut St
310 825 W Elm St 360
1700 E Harding Wy
311 721  W Elm St 361 1132  Lever BL
312 521  W Lincoln Rd 362 1244  N Airport Wy
313 2061  S Pilgrim St 363 1120  W Mariposa Av
314 2137  S Sacramento St 364 1133  W Harding Wy
315 4024  Windemere Wy 365 2921  Stanfield Dr
316 635  W Willow St 366 1327  N Baker St
317 2633  Pacific Av 367 1333  N Baker St
318 333  N Sutter St 368 1112  W Willow St
319 245  W Magnolia St 369 3626  Portsmouth S Ci
320 1040  W Poplar St 370 645  W Rose St
321 4320  Boulder Creek Ci 371 250  Hampton St
322 2015  W Willow St 372 29  Dunmar Ln
323 4303  Christian Life Wy 373 406  Leslie Av
324 4406  Winding River Ci 374 1177  Oxford Wy
325 843  S California St 375 620  E Fourth St
326 2480  E Sonora St 376 2218  E Church St
327
1261 W Elm St 377 1663  E Main St
328 2333  E Church St 378 2222  Crafton Wy
329 4573  Winding River Ci 379 1006  S Madison St
330 9111  Don Av 380 1405  W Euclid Av
331 862  W Sonoma Av 381 429  E Lancaster Dr
332 1876  Lucerne Av 382 420  E Canterbury Dr
333 1860  Lucerne Av 383 423  E Canterbury Dr
334 1866  Lucerne Av 384 343  E Lancaster Dr
335 1420  W Elm St 385 325 E Lancaster Dr
336 2227  N Stockton St 386 526  El Camino Av
337 8457  Hamilton Wy 387 8228  West Ln
338 221  W Third St 388 102  W Mayfair Av
339 4750  N Pershing Av 389 2019  N Center St
340 1510  Chaparral Wy 390 822  Highmoor Av
341 936  W Flora St 391 2425  Montclair St
342 530  N Van Buren St 392 6838  Wilderness Ct
343 17  W Longview Av 393 2370  Fairway Glen St
344
9810 Ladybird Wy 394 1444  N Baker St
345 9505  Brisbane PL 395 10098  River Falls Ci
346 819  E Anderson St 396 1815  N San Joaquin St
347 919  W Rose St 397 2271  E Lafayette St
348 1441  Argonne Dr 398 4443  Sturgeon Rd
349 306  Regent Ct 399 5408  Governor Ci
350 1334  S Center St 400 1654  W Harding Wy

ATTACHMENT B
497
No. Address
Citywide Sidewalk Repairs, Project No. WD22053
Location List
401 819  N Yosemite St
402 1760  N Hunter St
403 3525  Horner Av
404 1232  E Market St
405 1831  Michigan Av
406 1236  W Willow St
407 9114  Sandringham Ct
408 426  Don Carlos Av
409 1228  W Willow St
410 412  Pomona Av
411 322  E Arcade St
412 28  E Noble St
413 1267  W Elm St
414 1531  W Willow St
415 1139  S California St
416 1734  Fluetsch Ct
417 2279 Myrtle St
418 2815 Marsh St
419
22 W Adams St
420 104  E Market St
421 2404  Alma Av
422 1930  Santa Fe Dr
423 2829  Yellowstone Av
424 Olympic  Cir & Yellow Stone Av

ATTACHMENT B
498
City of Stockton
Legislation Text
File #: 23-0905, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE ADA CURB RAMP INSTALLATION PROJECT

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

1. Approve Notice of Exemption No. NOE39-23 under the California Environmental Quality Act for the ADA Curb Ramp Installation, Project No. WD23004.

2. Approve the plans and specifications for the ADA Curb Ramp Installation, Project No.

WD23004.

3. Award a Construction Contract in the amount of $785,000 to Terocons, Inc. of San Francisco, CA, for the ADA Curb Ramp Installation, Project No. WD23004.

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

Summary
The project will install 68 Americans with Disabilities Act (ADA) curb ramps at various intersections citywide (Attachments A and B). The improvements will remove accessibility barriers for persons using wheelchairs or other personal assistance devices by adding new ramps. The project was included in the 2022-27 Five-Year Capital Improvement Plan (CIP).

On August 24, 2023, the City received eight bids for this project. Staff recommends Council award a Construction Contract to the lowest responsive bidder, Terocons, Inc., in the amount of $785,000.

Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE39-23 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin in spring 2024 and be completed by summer 2024, weather permitting.

DISCUSSION
Background
The City maintains approximately 780 centerline miles of streets, including curb ramps that are typically located at intersection corners. The City regularly receives requests for the installation of new ramps or replacement of existing curb ramps. Each request is prioritized in chronological order based on the date of the original service request.

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File #: 23-0905, Version: 1
The Public Works Department annually retrofits existing intersections with ADA-compliant curb ramps as part of its Sidewalk, Curb, and Gutter Repair Program. The number of curb ramps installed or replaced each year depends on the amount of funding available. Consideration is given to locations on the request backlog and to streets that have been recently resurfaced as part of a pavement maintenance project.

The ADA Curb Ramp Installation, Project No. WD23004 was included in the 2022-27 Five-Year CIP.

The project will install 68 ADA curb ramps at various intersections citywide (Attachments A and B).

The improvements will remove accessibility barriers for persons using wheelchairs or other personal assistance devices by adding new ramps. Upon completion of this project, there will be approximately 300 curb ramps on the backlog list.

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 not applied to this project as the estimated construction cost is less than $1 million.

Present Situation
On July 31, 2023, the ADA Curb Ramp Installation, Project No. WD23004 was advertised for bids.

On August 24, 2023, eight bids were received with the following results:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
Terocons, Inc. $ 785,000.00 $ 785,000.00
(San Francisco, CA)
California Highway Construction $ 844,200.00 $ 844,200.00 Group, Inc. (Concord, CA)
FBD Vanguard Construction, $ 928,644.00 $ 928,644.00 Inc. (Livermore, CA)
B&M Builders, Inc. $1,000,499.00 $1,000,499.00
(Rancho Cordova, CA)
Dirt Dynasty, Inc. $1,035,775.50 $1,015,059.99
(Farmington, CA)
United Pavement Maintenance, $1,096,030.00 $1,096,030.00 Inc. (Hughson, CA)
George Reed, Inc. $1,263,140.00 $1,263,140.00
(Modesto, CA)
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JJR Construction, Inc. $1,722,015.00 $1,722,015.00
(San Mateo, CA)
Engineer’s Estimate $ 796,600.00
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Dirt Dynasty, Inc. is located within County limits and is entitled to a two percent bid preference. Application of the Local Business Preference had no effect on the bid results. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The bid from Terocons, Inc., the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. The bid is lower than the engineer’s estimate. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to Terocons, Inc. of San Francisco, CA, in the amount of $785,000.

The project is in conformance with the City’s General Plan, pursuant to the California Government Code, section 65402, and is statutorily exempt from the requirements of CEQA as specified under 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. NOE39-23 under CEQA. Construction is anticipated to begin in spring 2024 and be completed by summer 2024, weather permitting.

FINANCIAL SUMMARY
There is sufficient funding in the ADA Curb Ramp Installation, Project No. WD23004, to award a Construction Contract to Terocons, Inc. in the amount of $785,000.

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

Attachment A - Location List
Attachment B - Vicinity Map
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No Street  Corner Intersection No Street  Corner Intersection 1N W P i n c h o t  St & Sierra Nevada St 35 SE Sutter  St & Washington St 2N E P i n c h o t  St & Sierra Nevada St 36 SW Sutter  St & Washington St 3S W P i n c h o t  St & Sierra Nevada St 37 S/Mid 2644  Poplar St 4S E P i n c h o t  St & Sierra Nevada St 38 NW Goya  Dr & Hemet Av 5 SW Bianchi  Rd & Cotton Ct 39 SW Goya  Dr & Hemet Av
6 SE Bianchi  Rd & Cotton Ct 40 SW Hazelton  Av & Lincoln St 7 S
W Bianchi  Rd & Denby Ln 41 NW Hazelton  Av & Lincoln St 8 SE Bianchi  Rd & Denby Ln 42 SW Wagner  Heights Rd & Waudman Av 9 SW Bianchi  Rd & Dorset St 43 SE Wagner  Heights Rd & Waudman Av 10 SE Bianchi  Rd & Dorset St 44 NE Kensington  Wy & Euclid Av 11 SW Bianchi  Rd & Calandria St 45 SE Kensington  Wy & Euclid Av 12 SE Bianchi  Rd & Calandria St 46 SW Walnut  St & San Joaquin St 13 SW Bianchi  Rd & Townehome Dr 47 NE Walnut  St & San Joaquin St 14 SE Bianchi  Rd & Townehome Dr 48 NW Walnut  St & San Joaquin St 15 N/Mid Bianchi  Rd & Townehome Dr 49 SE Walnut  St & San Joaquin St 16 NE Bianchi  Rd & Hillsboro Wy 50 NW Kensington  Wy & Mariposa Av 17 NW Bianchi  Rd & Hillsboro Wy 51 NE Kensington  Wy & Mariposa Av 18 NE Bianchi  Rd & Greensboro Wy 52 SW Kensington  Wy & Mariposa Av 19 NW Bianchi  Rd & Greensboro Wy 53 SE Kensington  Wy & Mariposa Av 20 SE Lafayette  St & Sutter St 54 NW Kensington  Wy & Monterey Av 21 NW Lafayette  St & Sutter St 55 NE Kensington  Wy & Monterey Av 22 NE Lafayette  St & Sutter St 56 SW Kensington  Wy & Monterey Av 23 NE MacDuff  Av & Santa Paula Wy 57 SE Kensington  Wy & Monterey Av 24 NW MacDuff  Av & Santa Paula Wy 58 SW Park  St & Stockton St 25 NE Alexandria  Pl @ Lincoln High School 59 NW Park  St & Stockton St 26 SE Alexandria  Pl @ Lincoln High School 60 SE Park  St & Stockton St 27 W/Mid Alexandria  Pl @ Lincoln High School 61 NE Park  St & Stockton St 28 SW Pershing  Av & Robinhood Dr 62 NE S  Harrison St & W Anderson St 29 NE Pershing  Av & Robinhood Dr 63 NW S  Harrison St & W Anderson St 30 NW Pershing  Av & Robinhood Dr 64 SW/Mid S  Harrison St & W Anderson St 31 SE Pershing  Av & Robinhood Dr 65 SW Airport  Wy & Poplar St 32 NW Colonial  Dr & Segarini Wy 66 NW Airport  Wy & Poplar St 33 SW Colonial  Dr & Segarini Wy 67 SE Airport  Wy & Poplar St 34 NE Sutter  St & Washington St 68 NE Airport  Wy & Poplar St ADA Curb Ramp Installation, Project No. WD23004 ‐ Location List

ATTACHMENT A
502

HAMMER LNHAMMER LN

BEN HOLT DR

ELDORAD
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ST
W
ILSON
W
Y

MARCH LN

MARCH LN

WATERLOO RD

FREMONT ST

MARIPOSA
RD

AIRPORT WY

DR MLK JR BL

MAIN ST

EIGHT MILE RD

DAVIS RD

THORNTON
RD

LOWERSACTO
RD

WEST LN

PARK ST

PACIFIC AV

DAVIS RD

GATEWAY

CHEROKEE RD

ROBERTS RD

EIGHTH ST

MORADA LN

PACIFIC AV

PERSHING AV

ALPINE AV

WEST LN

HARDING WY

EL DORADO ST
CALIF
ST

CENTER ST
HOLM
AN
RD
TRINIT
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PK

LOWER SACTO RD

CHARTER WY
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371-4
65-68
62-64
54-57
50-53
46-49
44-45
42-43
40-41
38-39
34-36
32-33
28-31
25-27
23-24
µ
0 0.75 1.5 2.25 30.375
Miles
LEGEND
!( Curb Ramp Locations, Project No. WD23004
Parks
Public Schools
ADA Curb Ramp Installation,
Project No. WD23004

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS
5-6
7-8
9-10
13-15
11-12
18-19
16-17
20-22

ATTACHMENT B
503
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AP PROVING THE NOTICE OF EXEMPTION NO. NOE39-23,

APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE ADA CURB RAMP INSTALLATION, PROJECT NO. WD23004

On August 24, 2023, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the ADA Curb Ramp Installation, Project No. WD23004; and

The project will install 68 Americans with Disabilities Act curb ramps at various intersections citywide. The improvements will remove accessibility barriers for persons using wheelchairs or other personal assistance devices by adding new ramps; and

Terocon, Inc. is the lowest responsive bidder in the amo unt of $785,000, and its bid is regular in all respects; and

The project is statutorily 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. NOE39-23 under the CEQA for the ADA Curb Ramp Installation, Project No. WD23004, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council a pproves the plans and specifications for the ADA Curb Ramp Installation, Project No. WD23004.

3. The City Council a wards a Construction Contract between the City of Stockton and Terocon, Inc. in the amount of $785,000, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

//
//
//
//
//

504

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

PASSED, APPROVED, and ADOPTED December 5, 2023 .

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

__________________________
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton

505
TO: COUNTY CLERK

COUNTY OF SAN JOAQUIN
44 N. San Joaquin St., Ste. 260
Stockton, CA 95202

CITY OF STOCKTON

NOTICE OF EXEMPTION
FROM: Lead Agency
City of Stockton
c/o Public Works Department
22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(8) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062

PROJECT DATA
Project Title: ADA Curb Ramp Installation, Project No. WD23004 CEQA Exemption File No.: NOE 39-23
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton's Public Works Department will be installing ADA (Americans with Disabilities ACD compliant curb ramps at various locations citywide. See attachment A for more information.

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 Section 15378.

The activity is exempt under the "general rule" at CEQA Guidelines Section15061 (8)(3). _X_ The project is "Statutorily Exempt" per CEQA Guidelines Section: 15301 (c).

The project is "Categorically Exempt" per CEQA Guidelines Section 15332.

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.
� 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 f:l
Adriana Garibay, Project Manager
August 18,2023
(DATE OF PREPARATION)
(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(8). Said notice or list of notices will remain posted for 35 days from the filing date.

Signature Title
Posting Period Ending Date
EXHIBIT 1
506
EXHIBIT 2

CONSTRUCTION CONTRACT
This contract is made and ent ered into on , by and between TEROCONS INC. , a STATE OF CALIFORNIA CORPORATION, with a business address at 1160 BATTERY STREET, STE. 100, SAN FRANCISCO, CA 94111, 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 ADA CURB RAMP INSTALLATION (PROJECT NO. WD23004), 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 specific ations 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 $785,000.000, 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.

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.

Local Construction Contract – TEROCONS INC. – PROJECT NO. WD23004 (Updated 04/24/23)

507
Furt
hermore, 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 i nsurance policy or proceeds available to the named Insured; whichever is greater.

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

All se
lf-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.

Poli
cies 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 CIT
Y reserves the right to obtain a full certified copy of any i nsurance policy and endorsements.

Fail
ure to exercise this right shall not constitute a waiver of right to exercise later.

CONTRA
CTOR 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.

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

Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all 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.

EXHIBIT 2

508

4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California, Contractor shall indemnify, protect, defend with counsel approved by City and at Contractor’s sole cost and expense, and hold harmless the City of Stockton, its officers, officials, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, S tate, 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 exc
eption 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 ac tive negligence or willful misconduct on the part of the City, City will then reimburse Contractor for amounts paid in excess of Contractor’s proportionate share of responsibility for the damages within 30 days after Contractor provides City with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures Contractor is not obligated to defend or indemnify City in an amount greater than provided for under California law , including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

With the exc
eption that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, Contractor shall indemnify, defend, and hold harmless the City of Stockton,

EXHIBIT 2

509
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 Ci
ty’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 defens
e 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. ST
ANDARD 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, b y Council Resolution No. 2016- 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

The Di
rector 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. WO
RKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 65 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of ONE THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($ 1,800.00) 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 EXHIBIT 2

510
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 i
s 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 wor
king 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 C
ONTRACTOR 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. CONF
ORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE
VI
Tit
le 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.

EXHIBIT 2

511
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRI

MINATION AND HARASSMENT POLICY
The Ci
ty 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 bidd
er 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. PREVAIL

ING WAGE
CON
TRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to e nsure that the prevailing wage rates of concern is current and paid to the employee.
i. The
CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Shoul
d the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall EXHIBIT 2

512
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 C
ONTRACTOR 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 Complianc e 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 CO
NTRACTOR 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. LOCA

L EMPLOYMENT ORDINANCE
Purs
uant 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. SANCT
IONS
Deli
verables must conform with all applicable federal, state, and local EXHIBIT 2

513
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.

CIT
Y agrees:

8. COM
PENSATION. 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 therefor e; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.

9. SECU
RITIES. 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 depos it.

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 s
uch 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 wi ll not become effective until approved by the City Manager and/or the City Council.

Proc
essing 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. AUDIT
S. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR EXHIBIT 2

514
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

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
.. jk)
By: ___ j_'IPr _________ _
TEROCONS, INC.
qg,-�/4{Cf!Cf
Tax Identification No.

Local Construction Contract -TEROCONS INC. -PROJECT NO. WD23004 (Updated 04/24/23)

EXHIBIT 2

515

ADA CURB RAMP INSTALLATION
PROJECT NO. WD23004C

BID DING SCHEDULE
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 Quantity Unit price Total Price
1 2
3 4
5 6
7 8
Mobilization 1 LS
Traffic Control 1 LS
Curb-Ramp Installation Per COS
Standard Detail R-64 (All Work 12 EA
Complete In-Place)
Curb-Ramp Installation Per COS
Standard Detail R-65 (All Work 30 EA
Complete In-Place)
Curb-Ramp Installation Per COS
Standard Detail R-66 (All Work 8 EA
Complete In-Place)
Curb-Ramp Installation Per COS Detail
'Wheelchair Ramp Modified A' (All 17 EA
Work Complete In-Place)
Curb-Ramp Installation Per COS Detail
'Wheelchair Ramp Modified C' (All 1 EA
Work Complete In-Place)
Additional Concrete Sidewalk Removal
and Replacement (All Work Complete 2670 SF
In-Place)
Additional Vertical Curb and Gutter
9 Removal and Replacement (All Work 140 LF
Complete In-Place)
Additional Rolled Curb and Gutter
1 0 Removal and Replacement (All Work 220
Complete In-Place)
LF

TOTAL BID
40,000.00 $40,000.00
15,240.00 $15,240.00
9,250.00 $111,000.00
9,250.00 $277,500.00
9,250.00 $74,000.00
10,100.00 $171,700.00
10,000.00 $10,000.00

28.00 $74,760.00
'ln nn cl' A f)f\f\ f\f\

30.00 $6,600.00
$ 785,000.00 --------
BIDDER'S NAME __ T_e_r_o_c _o_ns_ln_ c_. ___ _
Bid Forms Last Revised 12/31/20
i
i=
F-
I=
EXHIBIT 2

EXHIBIT A
516
8/24/23, 12:05AM cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails Contractor Information
Legal Entity Name
Terocons Inc.

Legal Entity Type
Corporation
Status
Active
Registration Number
PW-LR-1000978603
Registration effective date
7/1/2023
Registration expiration date
6/30/2024
Mailing Address
1444 Meridian st Manteca 95337 CA United States of A. ..

Physical Address
1160 Battery Street East, Suite 100 San francisco 94111 ...

Email Address
Trade Name/OBA
License Number(s)
CSLB:1097207
:Legal Entity Information
1 Corporation Number:

Federal Employment Identification Number:

President Name:

Marco Antonio Gutierrez Jimenez
Vice President Name:

Treasurer Name:

Secretary Name:

Marco Antonio Gutierrez Jimenez
CEO Name:

Marco Antonio Gutierrez Jimenez
Agent of Service Name:

MARCO ANTONIO GUTIERREZ JIMENEZ
, Agent of Service Mailing Address:
1228 lincoln st Fairfield 94533 CA United States of America Workers Compensation
-,--oo you lease employees No
through Professional
hltps://cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails Registration History
Effective Date
9/30/2022
7/1/2023
Expiration Date
6/30/2023
6/30/2024
1/2
EXHIBIT 2

EXHIBIT A
517
8/24/23, 12:05 AM
Employer Organization
(PEO)?:

Please provide your
current workers
compensation insurance
information below:

PEO
PEO InformationName
Insured by Carrier
PEO
Phone
cadir.my.sale sforce-sites.com/ContractorSearch/PrintRegDetails PEO
Email
Policy Holder Name:Terocons Inclnsurance Carrier:

Clear Spring Property and Casualty CompanyPolicy Number:CWC01256100Inception date:
10/27 /2022Expiration Date:10/27 /2023
https://cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails 2/2 EXHIBIT 2

EXHIBIT A
518
Exhibit B:

Insurance Requirements
(ADA Curb Ramp Installation, Project No. WD23004C)
Contracto
r 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 AN

D LIMIT OF INSURANCE
Coverage sh
all be at least as broad as:

1. Commercia
l 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 Liabili
ty: 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’ Comp
ensation 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 Bond
s as described below.

If the cont
ractor 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 R
etentions
Self-insu
red retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by EXHIBIT 2

EXHIBIT B
519
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 I
nsurance Provisions
The i
nsurance policies are to contain, or be endorsed to contain, the following provisions:

1. The Cit
y 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. Fo
r 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. Ea
ch insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Claims Made Policies (Professional & Pollution only)
EXHIBIT 2

EXHIBIT B
520
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. Ins
urance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

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

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

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

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

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

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

Contractor agrees to obtain any endorsement that may be necessary to affect this EXHIBIT 2

EXHIBIT B
521
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 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. Per
formance Bond

3. Pa
yment Bond

4. Ma
intenance Bond
The P
ayment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate EXHIBIT 2

EXHIBIT B
522
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.

Certif
icate Holder Address
The a
ddress for mailing certificates, endorsements and notices shall be:

City
of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 2

EXHIBIT B
523
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 2

EXHIBIT C
524
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 non­ employee 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 2

EXHIBIT C
525
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 2

EXHIBIT C
526
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 2

EXHIBIT C
527
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 2

EXHIBIT C
528
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 2

EXHIBIT C
529
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 non­ employees 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 2

EXHIBIT C
530
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 non­ employee to cease the conduct.

EXHIBIT 2

EXHIBIT C
531
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 2

EXHIBIT C
532
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 2

EXHIBIT C
533
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 2

EXHIBIT C
534
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 2

EXHIBIT C
535

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 2

EXHIBIT C
536

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 2

EXHIBIT C
537
Bond# 070220022
Premium: $15,700.00

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, TEROCONS, INC., a STATE OF CALIFORNIA CORPORATION, as Principal and Ihe Ohio Casualty Insurance Company
--� a corporation, organized and existing under the laws of the State of New Hampshire __ 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 SEVEN HUNDRED EIGHTY-FIVE THOUSAND AND 00/100 DOLLARS ($785,00.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

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

ADA CURB RAMP INSTALLATION
(PROJECT NO. WD23004)
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, and consent
by said Surety is hereby given, and the said Surety hereby waives the EXHIBIT 2

538
provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on October 5th, 2023 ---------------- Terocons, Inc.

APPROVED AS TO SURETY: By j};:f l!_;M;j_ �

RINCIPAL
The Ohio Casualty Insmance Company
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By �_l1?.JW
Brad Bahl, A0RNEY-IN-FACT
By:----------

DEPUTY CITY ATTORNEY
EXHIBIT 2

539
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
�&:liOOar:a::arneBmt se □ o o □a□�• e:o:samt&t203'08Ct0lJC□OE MJiOI HO l:1 a BB:£ DJ Ole! 3 I 0,0:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
} County of __ C_o_n_t_ra _C_o_s_t_a _____ _
on October 5th, 2023
Date
before me, __ M_.A_. _A_tw_a _te_r_, _N_o_ta_ry_P_u_b _lic _______ � Here Insert Name and Title of the Officer
personally appeared _B_ra_d_B_a_h_l ________________________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i e e e e e e e �-<?
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Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature m .Q ��-
Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _
D Corporate Officer - Title(s): _______ _
D Partner - D Limited D General
D Individual D Attorney in Fact
□ Trustee □ Guardian or Conservator
D Other:

Signer is Representing: _________ _
©2019 National Notary Association
Signer's Name:

D Corporate Officer - Title(s): _______ _
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
D Other:

Signer is Representing: _________ _
EXHIBIT 2

540
Bond# 070220022
Premium: Included in Performance Bond

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

That we, TEROCONS, INC. , a STATE OF CALIFORNIA CORPORATION, as Principal and The Ohio Casualty Insurance Company
under the laws of the State of New Hampshire
corporation, organized and
and duly authorized to
existing
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 SEVEN. HUNDRED EIGHTY-FIVE THOUSAND AND 00/100 DOLLARS ($785,00.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

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:

ADA CURB RAMP INSTALLATION
(PROJECT NO. WD23004)
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

541

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 October 5th, 2023 ----------------- Terocons, Inc.

APPROVED AS TO SURETY: By� MPhlf�

PRINCIPAL
The Ohio Casualty Insurance Company
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By: -----------
Brad Bahl, ATTORNEY-IN-FACT
By:-----------

DEPUTY CITY ATTORNEY
EXHIBIT 2

542
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
•as ; 1 D E D OtDO! ft@ 3 d re:no
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of __ C_o_n_t_ra_C_o_s_t_a _____ _ }
on Octo be r 5th, 2023 before me, __ M_._A_. _A_t_w_a_te_ r_,_N_o_t_a_ry_P_u_b_li_c ______ _ Date Here Insert Name and Title of the Officer
personally appeared _B_r_a_d_B_a_h_l ________________________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature m Q., � � ,
Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _
o Corporate Officer - Title(s): ______ _
□ Partner - □ Limited □ General
□ Individual o Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:

Signer is Representing: _________ _
Signer's Name:
□ Corporate Officer - Title(s): _______ _
□ Partner - □ Limited D General
□ Individual D Attorney in Fact
o Trustee □ Guardian or Conservator
□ Other:

Signer is Representing: _________ _
oorno SOW) [ E �00§:00IJ I; I I � D E 6 ii • @:Ji'l9'00'§ OO!ffi8Bffll0 m� kt§ffflt§@j o ll D EJ ©2019 National Notary Association
EXHIBIT 2

543
.�Libertx
·� Mutual.

SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to bind
the Company except in the manner and to the extent herein stated. liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company

POWER OF ATTORNEY
Certificate No: 8206758-971892
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company is a corporation duly organized under the laws of the state of New Hampshire, that liberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Brad Bahl; Dennis A. Sewell; Gordon J. Fischer; Sam Totah
all of the city of Walnut Creek state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and dellver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as .binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 5th day of November , �-
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
gj
• // ,1,-7,/ k ,,; E
* By: .I?'�,/,/ :� .3
a, ...... ..:....- ,.;..::..,,.,. ·-..;..:,..,;,, David M. Carey, Assistant Secretary g-.3 � � State of PENNSYLVANIA ss -� E� 0> County of MONTGOMERY .Q >. � � On this 5th day of November , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance � i � ""ffi Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes !§@ � i therein contained by signing on behalf of the corporations by himself as a duly authorized officer. � �
�-5 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvani�, on the day and year first above written. <(SCI) c·- -=- 00 "' "' �---------� a. _Q � Commonweallh of Pmmsylva11la -Notary Seal �
ai o Teresa Pastella, Nolary PublJo A'.--..
d � ·m
Montgomery County V/ i :' _ _ 1 // --1- JI I ,_ E 02
� _#
MycommissionexpiresMarch28,:Z025 By:�"�'-----���.:.:_-�_:_ ___________ 1.9 ?'C � �' CommJsslor111umb1:1r 1126044 - - af ......, 1'-,,"'l �I': r., Member,PennsylvanlaAssoclallon<JfNolanes T eresa Pastella, Notary Public � o O> cn '"'-'l;iRY �-..., oO
"'� ,c��� , ,_� .g12 This Power of Attorney is made and executed pursuant lo and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual � <? o .£: Insurance Company, and West American Insurance Company which resolutions are now in full force and effecl reading as follows: o..o � E - oo ,_ 2 ARTICLE JV - OFFICERS: Section 12. Power of Attorney. Q 0 .E � Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the Pre sident, and subject to such limitation a s the Chainnan or the =a..----
;g r;' President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety � � ! � �:�:��!
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e
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:::�;:r :��� § �
z B instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the � � provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. & � ARTICLE XIII - Execution of Contracts: Section 5. Surely Bonds and Undertakings.

Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of lhe Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.

Certificate of Designation - The President of t he Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such altorneys-in­ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations.

Autho rization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 5th day of October , 2023 By: �� Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC ocrc WAIC Multi Co 02/21
EXHIBIT 2

544
City of Stockton
Legislation Text
File #: 23-0785, Version: 1

ADOPT RESOLUTION TO AUTHORIZE SUBMITTAL OF A GRANT AGREEMENT UNDER THE FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM

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

1. Authorize the City Manager to execute a Grant Agreement under the Federal Fiscal Year 2022 Safe Streets and Roads for All Grant Program with the U.S. Department of Transportation Federal Highways Administration.

2. Authorize the City Manager, or designee, to submit future Safe Streets and Roads for All Grant Program applications and execute all necessary implementation related documents and agreements with the U.S. Department of Transportation Federal Highways Administration.

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

Summary
The Bipartisan Infrastructure Law established the Safe Streets and Roads for All (SS4A) discretionary programs. This program appropriates five billion dollars for Fiscal Years (FY) 2022- 2026. The SS4A program funds initiatives through grants with the goal of preventing roadway deaths and serious injuries.

The City submitted a grant application to develop a Vision Zero Safety Action Plan under the SS4A - Action Plan grant program in September, 2022. The City was selected as a grant recipient in the amount of $646,000 earlier this year. The grant allows the City to develop a comprehensive Vision Zero Safety Action Plan aimed at eliminating roadway fatalities and serious injuries.

The City has received a Grant Agreement with the U.S. Department of Transportation (USDOT) detailing the terms of the SS4A grant. The City must execute the agreement before any work on the project can begin. Staff recommends Council authorize the City Manager to submit the grant agreement and future SS4A program applications and related documents for a period of five years.

DISCUSSION
Background
On November 15th, 2021, President Biden signed the Bipartisan Infrastructure Law which, in part, established the new SS4A discretionary program. The SS4A program helps fund initiatives that help City of Stockton Printed on 11/30/2023Page 1 of 2
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545
File #: 23-0785, Version: 1
prevent roadway deaths and serious injuries. Five billion dollars were appropriated in Fiscal Years (FY) 2022-2026.

The City of Stockton, with over 300,000 residents, has a robust transportation network with many roadway safety challenges. Roadway corridors must share the right of way amongst vehicles, bicyclists, and pedestrians. Achieving safe accommodations for all users is challenging, especially for non-motor vehicle users. The California Office of Traffic Safety shows Stockton ranked second at the statewide level for total fatal and injury collisions and first for bicyclists injured under the age of

15. Present Situation
On September 13, 2022, the City submitted a grant application to the SS4A - Action Plan grant program. The City’s application was successful, and on February 7, 2023, Public Works’ application in the amount of $646,000 was approved for funding in FY 2022 of the SS4A Grant Program. The City’s application proposes to develop a comprehensive Vision Zero Safety Action Plan aimed at eliminating roadway fatalities and serious injuries.

The scope of work for the Vision Zero Safety Action Plan involves:

1. Identify low-cost, high-impact strategies to improve safety.

2. Perform outreach and community engagement with stakeholders.

3. Adopt innovative technologies or strategies to promote safety and equity.

4. Implement evidence-based projects or strategies.

The City has received an SS4A Grant Agreement from the Federal Highway Administration (FHWA) detailing the terms and conditions of the funding. The action plan must be completed by October 2024 and funds expended within twenty-four (24) months of the execution of agreement.

The City must execute the SS4A grant agreement with the FHWA before work can begin to develop the SS4A Safety Action Plan. Staff recommends Council authorize the City Manager to execute the Grant Agreement for the SS4A grant. Once the SS4A Safety Action Plan is complete, the City will submit application(s) to implement all or portions of the plan and be required to execute grant agreements. Therefore, staff recommends Council authorize the City Manager to submit future applications and execute corresponding grant agreements. The program will also require other grant agreements for future phases of the action plan.

FINANCIAL SUMMARY
The recommended actions will authorize the City Manager, or designee, to execute an SS4A grant agreement with the USDOT, make the necessary appropriations, and undertake any other financial actions appropriate to secure and spend the funding. Further, the recommendation is to continue this authority for future SS4A Grant Program submissions for a period of five years from the date Council adopts the resolution.

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

City of Stockton Printed on 11/30/2023Page 2 of 2
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546
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING SUBMITTAL OF GRANT AGREEMENTS TO THE U.S.

DEPARTMENT OF TRANSPORTATION

The Bipartisan Infrastructure Law established the Safe Streets and Roads for All (SS4A) discretionary programs. This program appropriates five billion dollars for Fiscal Years 2022-2026. The SS4A program funds initiatives through grants with the goal of preventing roadway deaths and serious injuries; and,

The City’s application proposes to develop a comprehensive Vision Zero Safety Action Plan aimed at eliminating roadway fatalities and serious injuries; and,

The City has received a SS4A Grant Agreement from the U.S. Department of Transportation Federal Highways Administration detailing the terms and conditions of the funding; now, therefore,

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

1. The City Council hereby authorizes and directs the City Manager to execute a Grant Agreement under the Federal Fiscal Year 2022 SS4A Grant Program to the U.S.

Department of Transportation Federal Highways Administration for Fiscal Year 202 2 funding, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council here by authorizes the City Manager, or designee, to submit future SS4A Grant Program applications and execute all necessary implementation related documents and agreements with the U.S. Department of Transportation Federal Highways Administration.

3. The City Council hereby authorizes the City Manager, or designee, to make all necessary appropriations and undertake any other financial actions appropriate to secure and spend the funding.

4. These authorizations are effective for a period of five years from the adoption date of this Resolution.

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547

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

PASSED, APPROVED, and ADOPTED December 5, 2023 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
548
1 of 16

1. Award No.
693JJ32440007

2. Effective Date
See No. 17 Below

3. Assistance
Listings No.

20.939
Award To
City of Stockton
400 E Main ST., 4TH Floor
Stockton, California 95202
Un
ique Entity Id.: EJBMX37QBLG9
TIN No.: 94-6000436

4. Sponsoring Office
U.S. Department of Transportation
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue, SE
HSSA-1, Mail Drop E71-117
Washington, DC 20590

5. Period of Performance
Effective Date of Award through
24 months

6. Total Amount
Federal Share:

Recipient Share:

Other Federal Funds:

Other Funds:

Total:
$646,000.00
$161,500.00
$0
$0
$807,500.00

7. Type of Agreement
Grant

8. Authority
Section 24112 of the Infrastructure Investment
and Jobs Act (Pub. L. 117–58, November 15,
2021; also referred to as the “Bipartisan
Infrastructure Law” or “BIL”)

9. Procurement Request No.

HSSP230237PR

10. Federal Funds Obligated
$646,000.00

11. Submit Payment Requests To
See article 20.

12. Payment Office
See article 20.

13. Accounting and Appropriations Data
15X0173E50.0000.055SR10500.5592000000.41010.61006600

14. Description of Project
Create a Comprehensive Safety Action Plan to eliminate roadway fatalities and serious injuries.

RECIPIENT

15. Signature of Person Authorized to Sign
_______
____________________________
Signature Date Name: Harry Black
Title: City Manager

FEDERAL HIGHWAY ADMINISTRATION

16. Signature of Agreement Officer
_______
_______________________________
Signature Date Name: Ryan Mavis
Title: Agreement Officer
EXHIBIT 1
549
2 of 16
U.S. DEPARTMENT OF TRANSPORTATION

GRANT AGREEMENT UNDER THE
FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM

This agreement is between Federal Highway Administration (the “FHWA”) and the City of Stockton (the “Recipient”).

This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the City of Stockton Comprehensive Vision Zero Action Plan.

The parties therefore agree to the following:

ARTICLE 1

GENERAL TERMS AND CONDITIONS

1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program,” dated February 8, 2023, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements. Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement.
(b) The Recipient states that it has knowledge of the General Terms and Conditions.

Reci
pient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27).
(c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.

EXHIBIT 1
550
3 of 16
ARTICLE 2

APPLICATION, PROJECT, AND AWARD

2.1 Application.

Application Title: SS4A Action Plan Grant to City of Stockton for Comprehensive Vision Zero Action Plan
Application Date: September 13, 2022

2.2 Award Amount.

SS4A Grant Amount: $646,000.00

2.3 Award Dates.

Period of Performance End Date: See Section 6 on page 1

2.4 Budget Period
Budget Period End Date: See Section 6 on page 1

2.5 Action Plan Grant or Implementation Grant Designation.

Designation: Action Plan

2.6 Federal Award Identification Number. The Federal Award Identification Number is listed on page 1, line 1.

ARTICLE 3

SUMMARY PROJECT INFORMATION

3.1 Summary of Project’s Statement of Work.

Create a comprehensive safety action plan, building off the previous technical work performed and analyzed through the SSAR/LRSP and expanding to integrate equity analysis and engagement practices, strengthen community engagement, strengthen agency partnerships, develop multidisciplinary strategies, and enhance local policies.

3.2 Project’s Estimated Schedule.

ACTION PLAN SCHEDULE

Milestone Schedule Date
EXHIBIT 1
551
4 of 16
Planned Draft Action Plan Completion
Date:
01/15/2024
Planned Action Plan Completion Date: 10/01/2024
Planned Action Plan Adoption Date: 06/02/2025
Planned SS4A Final Report Date: 09/30/2025

3.3 Project’s Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount: $646,000.00
Other Federal Funds:: $0
State Funds: $0
Local Funds: $161,500.00
In-Kind Match: $0
Other Funds: $0
Total Eligible Project Cost: $807,500.00

(b) Supplemental Estimated Budget

Cost Element Federal Share Non-Federal Share Total Budget Amount
Direct Labor $0.00 $104,193.54 $104,193.54
Fringe Benefits $0.00 $57,306.46 $57,306.46
Travel $0.00 $0.00 $0.00
Equipment $0.00 $0.00 $0.00
Supplies $0.00 $0.00 $0.00
Contractual/Consultant $646,000.00 $0.00 $646,000.00
Construction $0.00 $0.00 $0.00
Other $0.00 $0.00 $0.00
Indirect Costs $0.00 $0.00 $0.00
Total Budget $646,000.00 $161,500.00 $807,500.00

EXHIBIT 1
552
5 of 16
ARTICLE 4

RECIPIENT INFORMATION

4.1 Recipient’s Unique Entity Identifier.

EJBMX37QBLG9

4.2 Recipient Contact(s).

Dodgie Vidad
City Traffic Engineer
City of Stockton
22 E. Weber Avenue, Room 301, Stockton, CA 95202-2317
209-937-8237
[email protected]

4.3 Recipient Key Personnel.

Name Title or Position
Dodgie Vidad City Traffic Engineer

4.4 USDOT Project Contact(s).

Darren Thacker
Safe Streets and Roads for All Program Manager
Federal Highway Administration
Office of Safety
HSSA-1, Mail Stop: E71-117
1200 New Jersey Avenue, S.E.

Washington, DC 20590
(202) 366-6409
[email protected]

and

Ashley Cucchiarelli
Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-33
12300 W Dakota Ave
Lakewood, CO 80228
(720) 963-3589
[email protected]
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and
Vince Mammano
Agreement Officer’s Representative (AOR)
Division Administrator
FHWA California Division Office
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
916-498-5015
[email protected]

and

Ivy Attah
California Division Office Point of Contact
Operations Engineer
650 Capitol Mall, Suite 4-100
Sacramento, CA 95814
(916)498-5860
[email protected]

Backup Calif. Div. Office POC: [email protected]

ARTICLE 5

USDOT ADMINISTRATIVE INFORMATION

5.1 Office for Subaward and Contract Authorization.

USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management

SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).

Note: Recipients with a procurement system deemed approved and accepted by the Government or by the AO are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327.

Note: This clause is only applicable to Action Plan Grants.

Unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the AO for the subaward, transfer, or contracting out of any work EXHIBIT 1
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under this award above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. Approval of each subaward or contract is contingent upon the Recipient’s submittal of a written fair and reasonable price determination, and approval by the AO for each proposed contractor/sub - recipient. Consent to enter into subawards or contracts will be issued through written notification from the AO or a formal amendment to the Agreement.

The following subawards and contracts are currently approved under the Agreement by the AO.

This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause. (Fill in at award or by amendment)

5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred in the performance of this agreement if those costs do not exceed the funds available under section 2.2 and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b) The Recipient shall use the DELPHI eInvoicing System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF 271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the AO may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the Agreement Officer’s Representative (the “AOR”) reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment.
(e) The USDOT may waive the requirement that the Recipient use the DELPHI eInvoicing System. The Recipient may obtain waiver request forms on the DELPHI eInvoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html) or by contacting the AO. A Recipient who seeks a waiver shall explain why they are unable to use or access the Internet to register and enter payment requests and send a waiver request to Director of the Office of Financial Management
US
Department of Transportation,
Office of Financial Management B-30, Room W93-431
1200 New Jersey Avenue SE
Washington DC 20590-0001
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or
[email protected].

If the USDOT grants the Recipient a waiver, the Recipient shall submit SF 271s directly to:

DOT/FAA
P.O. Box 268865
Oklahoma City, OK 73125-8865
Attn: Agreement Specialist
(f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients.

ARTICLE 6

SPECIAL GRANT TERMS

6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section [wherever the date it is in this agreement].

6.2 The Recipient acknowledges that the Action Plan will be made publicly available, and the Recipient agrees that it will publish the final Action Plan on a publicly available website.

6.3 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws,
including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements.

6.4 There are no other special grant requirements for this award.

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ATTACHMENT A

PERFORMANCE MEASUREMENT INFORMATION
Study Area: Study areas will be within the Stockton City limit.

Baseline Measurement Date: 7/30/2025

Baseline Report Date: 9/30/2025
Table 1: Performance Measure Table
Measure
Category and Description Measurement
Frequency
Equity
Percent of Funds to Underserved
Communities: Funding amount (of total
project amount) benefitting underserved
communities, as defined by USDOT
End of period of
performance
Costs
Project Costs: Quantification of the cost
of each eligible project carried out using
the grant.

End of period of
performance
Lessons Learned and
Recommendations
Lessons Learned and Recommendations:

Description of lessons learned and any
recommendations relating to future
projects of strategies to prevent death and
serious injury on roads and streets.

End of period of
performance
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ATTACHMENT B

CHANGES FROM APPLICATION
INSTRUCTIONS FOR COMPLETING ATTACHMENT B: Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of this attachment B is to document the differences clearly and accurately in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. See section 10.1.

Scope: No differences.

Schedule: Application shows a project start date of 6/5/23 and an end date of 6/5/25. Schedule updated in Section 3.2 Project’s Estimated Schedule.

Budget: No differences.

The table below provides a summary comparison of the project budget.

Fund Source
Application Section 3.3
$ % $ %
Previously Incurred Costs
(Non-Eligible Project Costs)
Federal Funds 0 0 0 0
Non-Federal Funds 0 0 0 0
Total Previously Incurred Costs 0 0 0 0
Future Eligible Project Costs
SS4AFunds 646,000.00 80 646,000.00 80
Other Federal Funds 0 0 0 0
Non-Federal Funds 161,500.00 20 161,500.00 20
Total Future Eligible Project
Costs 0 0 0 0
Total Project Costs 807,500.00 100 807,500.00 100

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ATTACHMENT C

RACIAL EQUITY AND BARRIERS TO OPPORTUNITY

1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.

The Recipient states that rows marked with “X” in the following table are accurate:

A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.)

The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.)

The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.)

The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.)

The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.)
X The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting narrative below.

The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the project, will take relevant actions described in the supporting narrative below
The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.

2. Supporting Narrative.

Housing Element and Racial Equality. City is updating the Housing Element component of the Stockton 2040 General Plan.

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ATTACHMENT D

CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS

1. Consideration of Climate Change and Environmental Justice Impacts.

The Recipient states that rows marked with “X” in the following table are accurate:

The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Recipient or a project partner used environmental justice tools, such as the EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.)
The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.)
The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.)
The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.)
The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.)
The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.)

The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.)
The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.)
The Project supports or incorporates the construction of energy- and location- efficient buildings. (Describe how in the supporting narrative below.) EXHIBIT 1
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The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.)
X The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project, as described in the supporting narrative below.

X
The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but, before beginning construction of the Project, will take relevant actions described in the supporting narrative below.

The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award.

2. Supporting Narrative.

In December 2014, the City Council approved the Climate Action Plan, consistent with the recommendation of staff, the Climate Action Plan Advisory Committee, and the Planning Commission. The goal of the Climate Action Plan is to address greenhouse gas reduction in a meaningful and constructive manner.

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ATTACHMENT E

LABOR AND WORKFORCE

1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table are accurate:

The Recipient demonstrate, to the full extent possible consistent with the law, an effort to create good-paying jobs with the free and fair choice to join a union and incorporation of high labor standards. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) X The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project. (Describe the relevant provisions in the supporting narrative below.)

The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.)

The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.)

The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.)

The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.)

The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)
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The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including:
a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements and meet the requirements as outlined in the Notice of Funding Opportunity to make good faith efforts to meet the goals of 6.9 percent of construction project hours being performed by women and goals that vary based on geography for construction work hours and for work being performed by people of color;
c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and
f. maintaining robust anti-retaliation measures covering employees and contractors.
(Describe the equal opportunity plan in the supporting narrative below.) The Recipient has taken other actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.)

The Recipient has not yet taken actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the project, will take relevant actions described in the supporting narrative below.

The Recipient has not taken actions related to the Project to improving good- paying jobs and strong labor standards and will not take those actions under this award.

2. Supporting Narrative.

City adopted the Community Workforce Training Agreement that provides for union recognition and the use of union hiring halls for City public works projects with a contract value of $1 million or more if allowed by the funding source.

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ATTACHMENT F

CRITICAL INFRASTRUCTURE SECURITY AND RESILIENCE

1. Efforts to strengthen the Security and Resilience of Critical Infrastructure against both Physical and Cyber Threats.

The Recipient states that rows marked with “X” in the following table are accurate:

X
The Recipient demonstrates, prior to the signing of this agreement, effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the activities.

The Recipient appropriately considered and addressed physical and cyber security and resilience in the planning, design and oversight of the project, as determined by the Department and the Department of Homeland Security.

The Recipient complies with 2 CFR 200.216 and the prohibition on certain telecommunications and video surveillance services or equipment.

For projects in floodplains: The Recipient appropriately considered whether the project was upgraded consistent with the Federal Flood Risk Management Standard, to the extent consistent with current law, in Executive Order 14030, Climate-Related Financial Risk (86 FR 27967), and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Solicit and Considering Stakeholder Input (80 FR 6425).

2. Supporting Narrative.

City provides periodic Security Awareness Training to all employees that include strengthening passwords, internet security, use of Multi-Factor Authentication, how to recognize credential harvesting attacks, review basics of phishing, reporting suspicious emails, and security tips for personal devices.

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City of Stockton
Legislation Text
File #: 23-0830, Version: 1

APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE EQUINOA

PARK PHASE II PROJECT

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

1. Award a Professional Services Contract to Callander Associates of Gold River, CA, in the amount of $198,942, for design of the Equinoa Park Phase II, Project No. WP13173.

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
Matt Equinoa Park, located at 9499 Glacier Point Drive, is a master-planned community park of approximately 14 acres. Matt Equinoa Park - Phase I was completed in 2004 and constructed six of the total 14-acre park site (Attachment A - Vicinity Map). The design for Matt Equinoa Park Phase II improvements was completed around 2012 and after the Phase I park was constructed. The Phase II park design includes dual-purpose soccer/softball field improvements, lighting, meandering concrete pathways, benches, trash receptacles, turf, and water-wise landscaping. Construction of the park was pending the availability of sufficient Public Facility Parks fee revenues. Public Facilities Parks fee revenues are now available for construction, and design plans will need to be revised substantially to incorporate new standards and water requirements. The project was included in the 2022-27 Five-Year Capital Improvement Plan (CIP).

On April 13, 2023, the City advertised a Request for Proposals (RFP) for design of the Equinoa Park Phase II, Project No. WP13173. On June 7, 2023, four firms submitted proposals for this project.

The Selection Committee evaluated the proposals and found Callander Associates of Gold River, CA, to be the most qualified and highest-ranked firm.

It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract in the amount of $198,942 with Callander Associates. It is anticipated that the final design documents will be completed by fall 2024.

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DISCUSSION
Background
Matt Equinoa Park, located at 9499 Glacier Point Drive, is a master-planned community park of approximately 14 acres. Construction of the park was planned in two phases to coincide with the development build-out and available funding. Phase I was 6 acres, and Phase II was 8 acres. The original master plan and Phase I design for Matt Equinoa Park was completed in 2004, with construction completed in 2008. The Phase I park improvements included a playground, tennis and basketball courts, restrooms, parking, picnic, and other park amenities. More residential development progressed in the neighborhood, and the City commenced with Phase II design plans for Matt Equinoa Park . The design was completed in 2012 partly by City staff and contracted engineering support services. The Phase II park design includes dual purpose soccer/softball field improvements, lighting, meandering concrete pathways, benches, trash receptacles, turf, and water- wise landscaping. Unfortunately, construction of the Phase II park was put on hold until sufficient Public Facility Parks fees were available.

Over the years, the City has managed to collect sufficient Public Facility Parks fees to support construction of Matt Equinoa Park -Phase II. However, the design plans completed in 2012 will need to be revised substantially to incorporate new standards and water requirements. The project was included in the 2022-27 Five-Year (FY) CIP.

Present Situation
On April 13, 2023, the City advertised an RFP for design of the Equinoa Park Phase II, Project No.

WP13173. On June 7, 2023, four proposals were received from the following firms:
· Callander Associates (Gold River, CA)
· O’Dell Engineering (Modesto, CA)
· RHAA Landscape Architects (San Francisco, CA)
· Seigfried Engineering, Inc. (Stockton, CA)
The Selection Committee, comprised of Public Works’ staff evaluated and ranked all proposals based on each firm’s understanding of work, experience with similar kinds of projects, staff qualifications, technical ability, project approach, cost proposal, and local firm participation.

Callander Associates received the highest ranking based on the noted criteria and was determined to be the most qualified firm for this project. Staff negotiated a fee of $198,942 with Callander Associates for design services. The estimated construction cost for Equinoa Park-Phase II, as shown in the FY 2022-27 CIP, was $2.6 M. Callander Associates design fee is approximately seven and a half percent of the total estimated project cost, which is reasonable for a project of this size and complexity. It is anticipated that the final design documents will be completed by fall 2024, with construction taking approximately one year, weather permitting.

Staff recommends Council approve a motion to award a Professional Services Contract in the amount of $198,942 to Callander Associates for design services of the Equinoa Park Phase II, Project No. WP13173 (Attachment B).

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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 staff available to complete design documents for this project.

2. The scope of work requires a landscape Architect/Engineering firm experienced in preparing design documents for a community park of this size.

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 the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.

4. The City 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 Equinoa Park Phase II, Project No. WP13173, to award a Professional Services Contract in the amount of $198,942 to Callander Associates of Gold River, CA, for the design of the Equinoa Park Phase II.

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

Attachment A - Vicinity Map
Attachment B - Professional Services Contract with Callander Associates City of Stockton Printed on 11/30/2023Page 3 of 3
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EIGHT MILE ROAD

WEST LANE

HAMMER LANE

MORADA LANE

HOLMAN ROAD
UPRR

UPRR (SPRR)

WEST LANE

PROJECT LOCATION

EQUINOA PARK
(PROJECT NO. WP13173)

CITY OF STOCKTON

PUBLIC WORKS DEPARTMENT

VICINITY MAP
N
NTS

ATTACHMENT A
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Professional Services Contract – CALLANDER ASSOCIATES – PROJECT NO. WP13173 (Updated 04/24/23)

PROFESSIONAL SER

VICES CONTRACT
THIS CONTRACT is entered into this day of 2023, between the CITY OF STOCKTON, a municipal corporation (“City”), and CALLANDER ASSOCIATES whose address is 12150 TRIBUTARY POINT DRIVE, SU ITE 140, GOLD RIVER, CA 95670 (“Consultant”) for the EQUINOA PARK PHASE II (PROJECT NO. WP13173) , 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 mu tual 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 refer ence. 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 $198,942.00 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 expens e the insurance coverage as set forth in the attached Exhibit D and shall otherwise comply with the other provisions of Exhibit D.

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 the City of Stockton, its officers, officials, employees, and

ATTACHMENT B
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Professional Services Contract – CALLANDER ASSOCIATES – PROJECT NO. WP13173 (Updated 04/24/23)

volunteers from and 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 subcontractor s. Consultant shall not be obligated to indemnify or defend City for claims finally determined by a cour t of law or ar bitrator 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 2 782, 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 Consult ant under the law. T he 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 u nder the public policy of the State of California, and in addition to the other indem nity obligations in this Agreement, Consultant shall indemnify, defend, and hold harmless the City of Stockton, its officers, officials, employees, and volunteers 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 applicab le 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 in 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 November 30, 2028, 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 limitat ion. City shall have no obligation or liability to pay any invoice for work performed whic h Consultant fails or neglects to

ATTACHMENT B
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Professional Services Contract – CALLANDER ASSOCIATES – PROJECT NO. WP13173 (Updated 04/24/23)

submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.

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 employme nt of persons or in the prov ision 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 o f, or be subjected to discrimination under any pr ogram 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 Discr imination and Harassment Policy (Exhibit E). The purpose of this policy is to reaffirm the Cit y’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, investigat ing, and resolving complaints of discrimination and harassment in the workplace.

c. LABOR STANDARDS PROVISIO NS/CALIFORNIA LABOR CODE

The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor C ode 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

ATTACHMENT B
571
Professional Services Contract – CALLANDER ASSOCIATES – PROJECT NO. WP13173 (Updated 04/24/23)

determined the general prevailing rate s 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 pur poses 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 determi nation 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 det ermination. 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 co st 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 Califo rnia. To forfeit as a penalty to City the sum of TWENTY-FIVE A ND 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 mo re 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 St ate 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 prim e and each subcontractor will, in accordance with Section 1776 of t he 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 prevailin g wage rate determination for all

ATTACHMENT B
572
Professional Services Contract – CALLANDER ASSOCIATES – PROJECT NO. WP13173 (Updated 04/24/23)

subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.

iv. APPRENTICESHIP STANDARDS - The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) ce rtified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to admin ister and conduct apprenticeship programs, if applicable to the job.

e. SANCTIONS

Deliverables must conform with all appl icable federal, state, and local laws.

Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohi bited 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 ai d 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 warrant s 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 requir ed for the Consultant to pr actice 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 document s 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 ma tter in all materials is hereby assigned to the City and the Consultant agrees to exec ute any additional do cuments 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

ATTACHMENT B
573
Professional Services Contract – CALLANDER ASSOCIATES – PROJECT NO. WP13173 (Updated 04/24/23)

be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.

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 Consultan t. 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 obligat ions 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 Cons ultant 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 Cons ultant 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 Contra ct any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of C onsultant. All terms of employment including hours, wages, working c onditions, 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 t hat 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 cont ractor, Consultant he reby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any content ion by any third party that employer-employee relationship exists by reason of this Contract.

ATTACHMENT B
574
Professional Services Contract – CALLANDER ASSOCIATES – PROJECT NO. WP13173 (Updated 04/24/23)

13. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior writt en consent of the City, 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 require d shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To Consultant: Callander Associates To City: Public Works Director 12150 Tributary Point Dr ive City of Stockton
Suite 140 22 E. Weber Ave., Rm. 301
Gold River, CA 95670 Stockton, CA 95202

16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to t he Consultant’s engaging in any operation or activity set forth in this Contract, Consulta nt shall obtain a City of Stockton business license, which must be kept in effect duri ng the term of this Co ntract. Consultant covenants that it has obtained al l 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 representat ive, 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 informati on requested, and shall permit City or its delegate access to its prem ises, upon reasonable notice, dur ing 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 wit h 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 in vestment that would be affected in any manner

ATTACHMENT B
575
Professional Services Contract – CALLANDER ASSOCIATES – PROJECT NO. WP13173 (Updated 04/24/23)
or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.

20. WAIVER. In the event either City or C onsultant 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 am ended 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 o ccur 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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ATTACHMENT B
576

ATTACHMENT B
577
www.c
allanderassociates.com

BURLINGAME GOLD RIVER SAN JOSE
1633 Bayshore Highway, Suite 133 12150 Tributary Point Drive, Suite 140 2025 Gateway Place, Suite 285 Burlingame, CA 94010 Gold River, CA 95670 San Jose, CA 95110 650.375.1313 916.985.4366 408.275.0565
Recreate
Educate
Live+Work
Connect
Sustain
Augus
t 17, 2023
Mr. Jessie
Garcia
City of Stockton, Public Works Department
22 E. Weber Avenue, Room 301
Stockton, CA 95202-2317
Office: 209.937.8410
Email: [email protected]
RE: EQUINOA PARK PHASE II/AGREEMENT FOR SERVICES
Dear Mr. G
arcia:

We are pl
eased to provide the following scope and fee proposal to prepare Construction Documents for the Equinoa Park Phase II improvements. Under this Agreement CALA will prepare final plans for the improvements based on the plans “Matt Equinoa Park Phase II”, dated 7/12/12, incorporating redlined City comments issued as part of the RFP.

Under contract to the City of Stockton, CALA will prepare plans and specifications delineating these improvements. To assist yo u in these efforts, we would propose to complete the following tasks in chronological order. The items shown in bold-face italics are documents that we would prepare as part of our tasks.

4.1 BACKGROUND RESEARCH

4.1.1 Document Research: Research and revie w existing topographic mapping,“as -built” plans, City red lined plans for Equinoa Park , record maps, surveys, assessor maps, and other relevant information provided.

4.1.2 Topographic Survey: Provide services of s urveyor to prepare a completed site topographic survey of the proposed Phase II limits at Equinoa Park . Topographic survey will extend 50 feet into the existing phase I portions of the park for above ground features and to the nearest utility str ucture for lines stubbed into phase II areas based on City provided record drawings.

4.1.3 Base Map: Use above information to prepare a base map for each park showing existing information sufficient to cover all necessary improvements within the project area.

4.1.4 Site Reconnaissance: Conduct site reconnaissance to visually review apparent features; document findings. photograph site and general vicinity for use in reviewing. Take soil samples on site and send to lab for horticultural suitability testing and rec ommendations for amendment and long-term maintenance.

4.1.5 Geotechnical Investigation: Geotechnical Engineer to conduct a site visit of Equinoa Park project limits to verify existing site conditions and limitations and prepare a f ull geotechnical investigation report.

EXHIBIT A

ATTACHMENT B
578
City of Stockton
RE: EQUINOA PARK/AGREEMENT FOR SERVICES
August 16, 2023

AGR_Scope_Equinoa.doc
© copyrighted 2023 Callander Associates
Landscape Architecture, Inc.

4.1.6 Permit Support: Identify required permits to construct the project, and assist City with the permit application preparation and the negotiation of permit conditions.

4.2 ENVIRONMENTAL SERVICES – NO SERVICES

4.3 UTILITY COORDINATION

4.3.1 Utility Coordination: Perform investigations and coordination with utility owners throughout the project development process. Be present at all necessary meeting with each utility owner as needed. Prepare project limits map and request utility inf ormation from each utility owner within the area of work.

4.3.2 Potholing: The actual scope of the potholing effort is unknown at this time and it is not possible to define a scope of work and fee estimate. A force account budget allowance is included in the fee estimate for the purposes of performing potholing as an optional Task. The actual scope of work and fee estimate to perform the potholing will be prepared upon the completion of Task No. 4.3.3 - Utility Letter “A”, and Task No. 4.4.1 - 65% PS&E Submittal when the actual number of and the location of potential conflicts have been identified, and the level of effort can more accurately be determined at each park site.

This T
ask includes an allowance for coordinating with, and obtaining an encroachment permit from the City of Stockton for the potholing of existing utilities within the public right of way.

4.3.3 Util
ity Letter “A” and “B” Letters

4.3.4 Utility Letter “C” Letter

4.3.5 Consultant shall coordinate with utility companies as needed to ensure that conf licts are identified, and relocations coordinated ,if necessary.

4.4 PLANS, SPECIFICATIONS & ESTIMATES
Plans, Specifications & Estimates (PS&E’s): Based on City redlined plans provided by the City for Equinoa, prepare complete PS&E documents, which include plans, specifications, and Engineer’s estimate . Submit electronic submittals only (pdf format) cons isting of Plans, Specifications and Estimate to City via Bluebeam at the 65%, 95%, and 100% design phases for review and comments.

The 10
0% submittal shall include:
• One complete plan set of reproducible plans
• Printed, stamped and signed specifications (word and pdf format) • Printed, stamped and signed Engineer’s cost estimate (excel and pdf format) • Drawing files in AutoCAD and pdf format on a USB drive • Resident Engineer file on a USB Drive

4.5 COORDINATION/ MEETINGS
Establish clear and consistent communication with the City to discuss progress of design.

EXHIBIT A

ATTACHMENT B
579
City of Stockton
RE: EQUINOA PARK/AGREEMENT FOR SERVICES
August 16, 2023

AGR_Scope_Equinoa.doc
© copyrighted 2023 Callander Associates
Landscape Architecture, Inc.

4.5.1 Kick- Off Meeting: Attend a single Kick-Off Meeting with City Staff to review and refine the project scope and goals project schedule and budget. Obtain available as -built documents and other pertinent existing background information related to the project.

4.5.2 Project Management: Initiate project management protocols including invoicing, project schedule updates and quality control reviews.

4.5.3 Design Review Meetings : Attend desi gn review meetings at each project milestone after City has reviewed the submitted plans. Meetings are anticipated at the 65% and 95% PS&E Submittal Review Meetings. Submit meeting summaries within five days of meetings with clear identification of action items, responsible parties and due dates.

4.5.4 Field Me etings: Attend up to two (2) field meetings for each project with the City to review proposed project improvements and construction processes.

4.6 DESIGN SUPPORT DURING CONSTRUCTION
Support the City and City Project Manager during the bidding and constru ction phases of each project as follows:
• Prepare Letters of Clarification During Bidding
• Attend Pre-Construction Meeting.
• Review Submittals/Shop Drawings and
• Prepare RFI Responses
• Field Observations (up to three (3) site visits)

4.7 AS BUILT DRAWINGS
Receive contractor prepared red -lined as-builts and convert to as -built record drawings in AutoCAD format. Electronic files of the as -built drawings (in standard pdf format) and AutoCAD (dwg) shall be provided in addition to the original as-built mylars.

4.8 PRESERVING AND PERPETUATING SURVEY MONUMENTS (OPTIONAL, IF

NEEDED)
Identify, list, tie out/perform construction staking of survey monuments, and show existing survey monuments on construction plans. Include language in the PS&E package to pre serve all monumentation affected by the work being performed in accordance with Section 8771 of the Professional Land Surveyors Act in the Business and Professionals Code of the State of California.

As the extent of effort required to satisfy this task for each park cannot be determined until the documents are researched and the field surveys are completed, we have included a “force account” amount as a provisional fee to be billed against on a time and materials basis only if it is determined that these services are necessary.

ADDITIONAL SERVICES
All tasks not specifically noted above could be performed as additional services. These tasks would include, but not be limited to, all revis ions or additional submittals required by the Client or any other agency’s review, other meetings, additio nal d esign studies, or other tasks not

EXHIBIT A

ATTACHMENT B
580
City of Stockton
RE: EQUINOA PARK/AGREEMENT FOR SERVICES
August 16, 2023

AGR_Scope_Equinoa.doc
© copyrighted 2023 Callander Associates
Landscape Architecture, Inc.
specifically noted in the foregoing. These services would be billed hourly or on a lump sum fee basis to be documented in a written amendment to this agreement.

REIMBURSABLE EXPENSES
In addition to billing for the above services, we would bill for all printing and reprodu ction, delivery, horticultural soils samples, the communication and insuran ce surcharge, subconsultant administration and other reimbursable expenses as noted in the attached Standard Schedule of Compensation. You should establish a tentat ive budget for th ese expenses (see Compensation Summary below). These costs will be itemized on our invoice and compared monthly with the total allowances to assi st you in monitoring these costs. Subconsultant adm inistration markup is included within subconsultant fees below.

COMPENSATION SUMMARY
Hrs TOTAL

4.1 Background Research (lump sum) 61.50 34,878.00$

4.2 No Services: Environmental Services

4.3 Utility Coodination (lump sum) 12.50 13,164.00$

4.3.2 P
otholing (Allowance, T&M, NTE)** 5,500.00$

4.4 Plans, Specifications & Estimates (lump sum) 464.50 91,567.00$

4.5 Coordination Meetings (lump sum) 54.50 13,675.00$

4.6 Design Support During Construction (allowance) 91.50 24,110.00$

4.7 As-Built Drawings (lump sum) 27.00 4,804.00$

4.8 4,200.00$
CALA Reimbursables 7,044.00$
TOTAL 711.50 198,942.00$

CALA KSN
Capital
Engineering
RW
Consultants GEOCON
8,514.00$ 13,152.00$ 2,433.00$ 10,779.00$
1,786.00$ 7,335.00$ 4,043.00$
62,650.00$ 24,270.00$ 4,647.00$
5,500.00$
9,250.00$ 4,241.00$ 184.00$
13,937.00$ 8,703.00$ 1,470.00$
3,334.00$ 1,470.00$
4,200.00$
106,515.00$ 30,187.00$ 45,160.00$ 6,301.00$ 10,779.00$ Preserving & Perpetuating Survey Monuments
(Allow ance, T&M NTE) **
Local: 15%
7,044.00$

8.0 TERMS & C ONDITIONS

8.01 CALA shall perform the services prov ided in this Agreement in accordance with the City of Stocktons Design Professional Agreement.

Callander Associates Landscape
Architecture, Inc.

Benjamin W. Woodside, ASLA
Principal | Landscape Architect CA #4590
Attachments: Standard Schedule of Compensation dated 2023 Notice
: Landscape architects are licensed by the State of California. Terms and conditions are subject to change after ninety days.

EXHIBIT B

ATTACHMENT B
581
ID Task Name Duration Start Finish
1 Equinoa Phase II 5129 days Wed 09/20/06 Thu 05/21/26 2 Signed Authorization to Proceed 1 day Thu 11/16/23 Thu 11/16/23 3 4 4.1 BACKGROUND RESEARCH 237 days Mon 12/18/23 Tue 11/12/24 5 4.5.1 Kick Off Meeting 5 days Mon 12/18/23 Fri 12/22/23 6 4.1.1 Document Research 42 days Tue 01/02/24 Wed 02/28/24 7 4.1.2 Topographic Survey 6 wks Tue 01/02/24 Mon 02/12/24 8 4.1.3 Base Map 7 days Tue 02/13/24 Wed 02/21/24
9 4.1.4 Site Reconnaissance 5 days Tue 02/13/24 Mon 02/19/24 10 4.1.5 Geotechnical Investigation 8 wks Tue 01/02/24 Mon 02/26/24 11 4.1.6 Permit Support 100 days Wed 06/26/24 Tue 11/12/24 12 4.2 ENVIRONMENTAL SERVICES (NO SERVICES) 0 days Wed 09/20/06 Wed 09/20/06 13 4.3 UTILITY COORDINATION 160 days Tue 02/20/24 Mon 09/30/24 14 4.3.1 Utility Coordination 8 mons Tue 02/20/24 Mon 09/30/24 15 4.3.2. Potholing 6 wks Wed 05/01/24 Tue 06/11/24
16 4.3.3 Utility Letter "A" and "B" 10 days Wed 06/26/24 Tue 07/09/24 17 4.3.4 Utility Letter "C" 10 days Wed 09/11/24 Tue 09/24/24 18 4.3.5 Utility Coordination 8 mons Tue 02/20/24 Mon 09/30/24 19 4.4 PLANS, SPECIFICATIONS & ESTIMATES 210 days Wed 02/14/24 Tue 12/03/24 20 4.4.1 65% PS&E 6 wks Wed 02/14/24 Tue 03/26/24
21 City Review 4 wks Wed 03/27/24 Tue 04/23/24
22 4.5.3 Design Review Meeting 5 days Wed 04/24/24 Tue 04/30/24 23 4.4.2 95% PS&E 8 wks Wed 05/01/24 Tue 06/25/24
24 City Review 4 wks Wed 06/26/24 Tue 07/23/24
25 4.5.3 Design Review Meeting 5 days Wed 07/24/24 Tue 07/30/24 26 4.4.3 100% PS&E 6 wks Wed 07/31/24 Tue 09/10/24
27 City Review 40 days Wed 09/11/24 Tue 11/05/24
28 4.4.5 Bid Documents/Final PS&E 3 wks Wed 11/13/24 Tue 12/03/24 29 4.5 COORDINATION MEETINGS 593 days Tue 02/13/24 Thu 05/21/26 30 4.5.2 Project Management 394 days Mon 11/18/24 Thu 05/21/26 31 4.6.5 Field Meetings 9 mons Tue 02/13/24 Mon 10/21/24 32 4.6DESIGN SUPPORT DURING CONSTRUCTION 371 days Wed 12/04/24 Wed 05/06/26 33 4.6.1 Bidding Support 1 mon Wed 12/04/24 Tue 12/31/24 34 City Authorization to Award Project 3 mons Wed 01/01/25 Tue 03/25/25 35 4.6.2 Construction Support 10 mons Wed 03/26/25 Tue 12/30/25 36 Mantenance Period 90 days Wed 12/31/25 Tue 05/05/26
37 RIBBON CUTTING 1 day Wed 05/06/26 Wed 05/06/26
38 4.7 AS BUILT DRAWINGS 10 days Wed 05/06/26 Tue 05/19/26 03/26
06/25
09/10
12/03
12/30
05/06
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 2024 Qtr 3, 2024 Qtr 4, 2024 Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 © copyrighted 2023 Callander Associates
Landscape Architecture, Inc.

PV1391_SCH.mpp
Fri 08/18/23
Note: "Duration days are considered working days
Equinoa Park Phase II
City of Stockton
Fri 08/18/23

EXHIBIT C

ATTACHMENT B
582
REV 2022‐05‐17
Insurance Requirements for Professional Services
Consultant shall procure and maintain fo
r 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 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, wit
h 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:

Additional Insured Status

EXHIBIT D

ATTACHMENT B
583
REV 2022‐05‐17
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

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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 St ockton. 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
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 claims- made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

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Verification of Coverage
Contractor shall furnish t
he 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

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City of Stockton
Legislation Text
File #: 23-0833, Version: 1

ADOPT RESOLUTION TO AWARD A PROFESSIONAL SERVICES CONTRACT AND

APPROPRIATE FUNDS TO THE CANNERY PARK PROJECT

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

1. Award a Professional Services Contract to O’Dell Engineering of Modesto, CA, in the amount of $222,542, for design of Cannery Park, Project No. WP13270.

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

3. Appropriate funds in the amount of $125,000 from the Public Facilities Fee Parkland Fund Balance to Cannery Park, Project No. WP13270.

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

Summary
The Cannery Park site is located at the northeast corner of Valens Way and Orbison Lane, which is presently undeveloped land approximating 2.7 acres total (Attachment A - Vicinity Map). Future park improvements may include a playground, group picnic shelter, adult fitness course, meandering concrete pathways, lighting, benches, drinking fountains, and other typical City park amenities found in a neighborhood park. Funding for the project was included in the 2022-27 Five-Year Capital Improvement Plan (CIP).

On April 13, 2023, the City advertised a Request for Proposals (RFP) for master planning and design of Cannery Park, Project No. WP13270. On June 7, 2023, four firms submitted proposals for this project. The Selection Committee evaluated the proposals and found O’Dell Engineering of Modesto, CA, to be the most qualified and highest-ranked firm.

It is recommended that Council adopt a resolution authorizing the City Manager to execute a Professional Services Contract in the amount of $222,542 with O’Dell Engineering. It is also recommended that Council approve findings and the appropriation of necessary funding for the project. It is anticipated that the final design documents will be completed by fall 2024.

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DISCUSSION
Background
The Cannery Park site is located at the northeast corner of Valens Way and Orbison Lane, which is presently undeveloped land approximating 2.7 acres total (Attachment A - Vicinity Map). Future park improvements may include a playground, group picnic shelter, adult fitness course, meandering concrete pathways, lighting, benches, drinking fountains, and other typical City park amenities found in a neighborhood park. Funding for the project was included in the 2022-27 Five-Year CIP.

Present Situation
On April 13, 2023, the City advertised an RFP for the preparation of a master plan, construction plans, and specifications for Cannery Park, Project No. WP13270. On June 7, 2023, four proposals were received from the following firms:
· Callander Associates (Gold River, CA)
· O’Dell Engineering (Modesto, CA)
· RHAA Landscape Architects (San Fransico, CA)
· Seigfried Engineering, Inc. (Stockton, CA)
The Selection Committee, comprised of Public Works and Community Services staff, evaluated and ranked all proposals based on each firm’s understanding of work, experience with similar kinds of projects, staff qualifications, technical ability, project approach, cost proposal, and local preference.

O’Dell Engineering received the highest ranking based on the noted criteria and was determined to be the most qualified firm for this project. Staff negotiated a fee in the amount of $222,542 with O’Dell Engineering for the preparation of a master plan, construction plans, and specifications. The fee is approximately nine percent of the total estimated project cost, which is reasonable for a project of this type and complexity. It is anticipated that the final design documents will be completed by fall 2024.

Staff will re-evaluate funding and grant opportunities once the final design and estimating are complete.

Staff recommends Council adopt a resolution to award a Professional Services Contract in the amount of $222,542 to O’Dell Engineering for design of Cannery Park Project No. WP13270.

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 staff available to complete design documents for this project.

2. The scope of work requires a landscape architect/engineering firm experienced in preparing design documents for a neighborhood park.

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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 the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.

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

FINANCIAL SUMMARY
The current unencumbered balance of Cannery Park, Project No. WP13270, Account No. 4510-000- 800007-300-000-30-45-000-000, is not sufficient to award a Professional Services Contract to O’Dell Engineering in the amount of $222,542. With the appropriation of funds in the amount of $125,000 from the Public Facilities Fee Parkland Fund Balance, sufficient funds will be available to award a Professional Services Contract.

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

Attachment A - Vicinity Map
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EIGHT MILE ROAD

WEST LANE

HAMMER LANE

MORADA LANE

HOLMAN ROAD
PRR

UPRR (SPRR)
WE
S

PROJECT LOCATION

CANNERY PARK
PROJECT NO. WP132

CITY OF STOCKTON

PUBLIC WORKS DEPARTMENT

VICINITY MAP
N
NTS

ATTACHMENT A
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AWARDING A PROFESSIONAL SERVICES CONTRACT AND APPROPRIATING FUNDING CANNERY PARK, PROJECT NO. WP13270

On April 13, 2023, the City advertised a Request for Proposals (RFP) to prepare a master plan and construction documents for Cannery Park, Project No. WP13270. Four proposals were received; and

The Cannery Park project will focus on improvements to include a playground, group picnic shelter, adult fitness course , meandering concrete pathway s, lighting, benches, drinking fountains, and other typical city park amenities found in a neighborhood park; and

After review of the proposal s, it was determined that O’ Dell Engineering has the necessary knowledge, experience, and staff to perform the required work. Staff negotiated a fee of $ 222,542 with O’Dell Engineering to prepare a master plan and construction documents; and

Appropriation of additional funds is needed to fund all remaining costs to complete the master plan and construction documents and staff costs; now, therefore,

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

1. The City Council awards a Professional Services Contract between the City of Stockton and O’Dell Engineering, in the amount of $222,542, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves finding s pursuant to Stockton Municipal Code (SMC) section 3.68.070 in support of an exception to the competitive bidding process.

These findings include:

A. The City does not have sufficient staff available to complete design documents for this project.

B. The scope of work requires a landscape architect/engineering firm experienced in preparing design documents for a neighborhood park.

C. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of prof essional qualifications 605

and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.

3. The City Council approves the appropriation of additional funds in the amount of $125,000 from the Public Facilities Fee Park Fund Balance to Cannery Park, Project No. WP13270.

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 December 5, 2023 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
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PROFESSIONAL SER

VICES CONTRACT
THIS CONTRACT is entered into this day of 2023, between the CITY OF STOCKTON, a municipal corporation (“City”), and O’DELL ENGINEERING whose address is 1165 SCENIC DRIVE, SUITE A, MODESTO, CA 95350 (“Consultant”) for the CANNERY PARK (2.7 ACRES) (PROJECT NO. WP13270), 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 mu tual 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 refer ence. 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 $222,542.00 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 expens e the insurance coverage as set forth in the attached Exhibit D and shall otherwise comply with the other provisions of Exhibit D.

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 the City of Stockton, its officers, officials, employees, and EXHIBIT 1

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volunteers from and 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 subcontractor s. Consultant shall not be obligated to indemnify or defend City for claims finally determined by a cour t of law or ar bitrator 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 th e defense or indemnity obligations of Consultant to City, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by Consult ant under the law. T he 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 u nder the public policy of the State of California, and in addition to the other indem nity obligations in this Agreement, Consultant shall indemnify, defend, and hold harmless the City of Stockton, its officers, officials, employees, and volunteers 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 applicab le 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 in 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 November 30, 2028, 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 limitat ion. City shall have no obligation or liability to pay any invoice for work performed whic h Consultant fails or neglects to EXHIBIT 1

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submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.

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 employme nt of persons or in the prov ision 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 o f, or be subjected to discrimination under any pr ogram 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 Discr imination and Harassment Policy (Exhibit E). The purpose of this policy is to reaffirm the Cit y’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, investigat ing, and resolving complaints of discrimination and harassment in the workplace.

c. LABOR STANDARDS PROVISIO NS/CALIFORNIA LABOR CODE

The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor C ode 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 EXHIBIT 1

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determined the general prevailing rate s 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 pur poses 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 determi nation 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 det ermination. 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 co st 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 Califo rnia. To forfeit as a penalty to City the sum of TWENTY-FIVE A ND 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 mo re 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 St ate 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 prim e and each subcontractor will, in accordance with Section 1776 of t he 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 prevailin g wage rate determination for all EXHIBIT 1

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subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.

iv. APPRENTICESHIP STANDARDS - The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) ce rtified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to admin ister and conduct apprenticeship programs, if applicable to the job.

e. SANCTIONS

Deliverables must conform with all appl icable federal, state, and local laws.

Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohi bited 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 ai d 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 warrant s 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 requir ed for the Consultant to pr actice 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 document s 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 ma tter in all materials is hereby assigned to the City and the Consultant agrees to exec ute any additional do cuments 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 EXHIBIT 1

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be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.

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 Consultan t. 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 obligat ions 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 Cons ultant 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 Cons ultant 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 Contra ct any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of C onsultant. All terms of employment including hours, wages, working c onditions, 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 t hat 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 cont ractor, Consultant he reby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any content ion by any third party that employer-employee relationship exists by reason of this Contract.

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