City Council and Concurrent Authorities
January 9, 2024

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Exhibit B:

Insurance Requirements
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Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

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

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

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

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

Self-Insured Retentions

Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any EXHIBIT 2

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and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

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

Other Insurance Provisions

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

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

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

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

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

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

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 EXHIBIT 2

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requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

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

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

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

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

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

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must EXHIBIT 2

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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 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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BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS:

That we, _______________________________, a STATE OF CALIFORNIA CORPORATION, as P r i n c i p a l a n d , a
corporation, organized and existing under the laws of the State of and duly authorized to transact busi ness under the laws of the State of Cali fornia, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporatio n, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of ONE HUNDRED THIRTEEN THOUSAND, ONE HUNDRED SEVENTY-FOUR AND xx/100 DOLLARS ($113,174), in lawful money of the United States of America (being 100% of the cont ract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Su rety 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:

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NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

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No prepayment or delay in payment and no change, exte nsion, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on

APPROVED AS TO SURETY: By:

P R I N C I P A L

S U R E T Y
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY

B y :

A T T O R N E Y - I N - F A C T
B y :

ACTING CITY ATTORNEY

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BOND FOR LABOR AND MATERIAL

KNOW ALL MEN BY THESE PRESENTS:

That we, CONSOLIDATED ENGINEERING, INC. , a STATE OF CALIFORNIA CORPORATION , as Principal and , corporat ion, organized and existing under the laws of the State of and duly authoriz ed to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all pers ons, companies, or corporations renting or hiring teams, or implements of machinery, for or contribu ting to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of ONE HUNDRED THIRTEEN THOUSAND, ONE HUNDRED SEVENTY-FOUR AND xx/100 DOLLARS ($113,174), in lawful money of the United States of America (being 100% of the cont ract 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:

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NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provis ions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond , a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

No prepayment or delay in payment and no chan ge, 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 EXHIBIT 2

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such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on .

APPROVED AS TO SURETY: By:

P R I N C I P A L

S U R E T Y
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY

B y :

A T T O R N E Y - I N - F A C T
B y :

ACTING CITY ATTORNEY

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City of Stockton
Legislation Text
File #: 23-1105, Version: 1
APPROVE MOTION TO EXECUTE A TWO-YEAR AGREEMENT, WITH THREE (3) ADDITIONAL ONE (1) YEAR OPTIONS TO EXTEND WITH FORENSIC ANALYTICAL CRIME LAB FOR FIREARMS EXAMINER SERVICES FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $99,890

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

1. Authorize the City Manager to execute a two-year Standard Agreement with three (3) one-year options to extend between the City of Stockton (City) and Forensic Analytical Crime Lab for Firearms Examiner services in an amount not to exceed $99,890;

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

3. Authorize and directed the City Manager to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.

Summary
The Stockton Police Department (SPD) is seeking Council approval for a Forensic Consultant Firearms Examiner to streamline the test-firing process to reduce the time needed for confirmation of National Integrated Ballistic Information Network (NIBIN) leads and court write-ups. The SPD applied for the 2022 Department of Justice Office of Justice Programs (OJP) Bureau of Justice Assistance (BJA) Crime Gun Intelligence Center Integration Initiative Grant (CGIC). On November 15, 2022, by Resolution 2022-11-15-1209, SPD was awarded the CGIC Grant in the amount of $700,000 to address firearms-related crime and forensics through the establishment of Crime Gun Intelligence Centers. The approved budget includes $195,890 for consultant services for a Firearms Examiner.

DISCUSSION
Background
The City previously contracted with a Firearms Examiner for forensic services from June 2013 to December 2021 through federal Justice Assistant Grant (JAG) funding. The cost of services was originally funded through the JAG program Firearms Reduction Consortium (FRC). The intent of the FRC was to combine resources county-wide to reduce firearms violence.

One of the recommendations from the FRC was to establish a Firearms Examination Unit to process the significant number of bullets and casings found at crime scenes. Every attempt to hire a full-time City of Stockton Printed on 1/4/2024Page 1 of 2
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File #: 23-1105, Version: 1
qualified candidate has been unsuccessful due to applicants failing to meet the City’s minimum qualification requirements. Qualified examiners work on a contract basis due to the higher market rate compensation.

With the newly awarded CGIC Grant funds, the City issued a Request for Proposal (RFP) on September 21, 2023, requesting proposals for a two-year agreement with the City for Firearms Examiner services, which was also advertised in The Record, and posted on the City’s Bid Flash website. A six-month contract was executed on October 1, 2023, with Forensic Analytical Crime Lab to meet the CGIC Grant goals and objectives while the formal solicitation was in progress.

Present Situation
No proposals were received during the City’s RFP process. Staff recommends awarding the current contractor, Forensic Analytical Crime Lab, with the two-year agreement and three additional one-year options to extend in accordance with the City’s approved General Procurement Policy 17.05.010, Section G-6, and Stockton Municipal Code Section (SMC), 3.68.070, supporting the exceptions to competitive bidding requirements.

The current six-month contract with Forensic Analytical Crime Lab will expire on March 31, 2024.

Findings
Pursuant to SMC section 3.68.070, Council may approve findings which support and justify exceptions to the competitive bidding process. These findings include:

1. A Forensic Consultant Firearms Examiner is necessary to streamline the test-firing process to expedite confirmation of NIBIN leads, court write-ups, and prosecution of gun crimes.

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

3. No proposals were received by the noticed due date. Therefore, the City has negotiated to award the current contractor, Forensic Analytical Crime Lab, with the two-year agreement in accordance with the City’s approved General Procurement Policy 17.05.010, Section G-6, which authorizes executing an agreement to a supplier that was not involved in the formal solicitation process.

FINANCIAL SUMMARY
The total proposed cost (Attachment A) is $99,890 for the two-year agreement. There will be no impact to the City’s General Fund or any other unrestricted fund as a result of the proposed motion.

Adequate expenditures and corresponding grant revenue to sustain and reimburse the cost have been appropriated in the Police Special Grants Fund.

Attachment A - Forensic Analytical Crime Lab Standard Agreement City of Stockton Printed on 1/4/2024Page 2 of 2
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CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton (“City”) and Forensic Analytical Crime Lab
as set forth in Exhibit A to this Agreement.
(“Contractor”) to provide Firearms Examination Services

2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:

Commences on: 4/01/2024 Terminates on: 03/31/2026

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms & Conditions
(d) Exhibit D – Professional Services Special Terms & Conditions (e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
IN WITNESS WHEREOF, t he authorized parties have executed this Agreement.

CONTRACTOR
Forensic Analytical Crime Lab
Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):

Authorized Signature Date
Cyndi Kelly
Printed Name and Title of Person Signing
3777 Depot Road, Suite 403 Hayward, CA 94545
Address

CITY OF STOCKTON
BB
Harry Black, City Manager Date
ATT
EST:

Eliza R. Garza CMC, City Clerk
APPRO
VED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:
1 (Rev. 10.27.22)
99,890.00
Agreement Number:
12/06/2023
Attachment A
2 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives

1.1 Develop a Standard Operating Procedure for the investigation of firearm-related cases and provide as many confirmations on firearm- related cases as possible, including homicide (187) workups.

2. Project Scope

2.1 Contractor shall be responsible for providing all resources necessary to provide a thorough consultation.

2.2 Contractor shall be available to testify as an expert witness at trials, hearings, depositions, and interviews, when necessary, at the agreed-upon rate.

2.3 Contractor shall prepare firearm-related cases, not limited to major homicide case workups, in preparation for court presentation in San Joaquin County’s courts.

2.4 If requested by the City of Stockton Police Department (SPD), contractor shall aid in reviewing current practices of the SPD in regard to workflow and processing of firearm-related evidence.

Contractor shall then present recommendations on how to streamline processes.

3. Specifications

3.1 Contractor agrees to provide analysis and/or consultation for firearm- related cases within the City of Stockton during the term of this agreement.

3.2 Cases for examination will be determined through the formal Crime Gun Intelligence Center (CGIC) Team which will collaborate with Investigators and the District Attorney’s Office on those cases needing ballistic examinations.

3.3 Contractor is required to provide expert witness testimony regarding findings in court, as needed, for all non-Officer Involved Shooting (non- OIS) firearm-related cases that have been prepared at the Stockton Police Department. The contractor must also ensure their availability for Attachment A
3 (Rev. 10.30.18)
testimony in San Joaquin's court at times mutually agreed upon with the District Attorney's Office.

3.4 C ontractor will complete microscopic and laboratory examinations on ballistic evidence from firearms-related cases. They should plan to offer as many confirmations for firearm-related cases, including homicide (187) workups, as is feasible within the duration of this contract.

4. Internal and External Standards and Guidelines

4.1 As a trained Firearms Examiner, forensic examinations and reports are expected to be completed, thoroughly documenting the evidence examined, examinations made and conclusions made, according to industry standards.

5. Criteria of Acceptance for Deliverables

5.1 Contractor shall submit the examination reports in .pdf format.

5.2 Contractor shall review all examination reports for quality and accuracy prior to submission to the CGIC Team upon completion of the examination and return of the evidence from the lab.

5.3 Contractor shall review laboratory-based casework involving the examination of ammunition, fire ammunition components, firearms, evidence items having tool marks of evidential value, and comparative analysis.

5.4 Contractor shall provide Pre-trial consultation to include issues of discovery and evidentiary hearings.

5.5 Contractor shall provide expert testimony and/or depositions for criminal and civil trials and pre-trial hearings.

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

Contractor: Forensic Analytical Crime Lab City: City of Stockton Attn: Cinthya Nunez Attn: City Manager
3777 Depot Road, Suite 403 425 N. El Dorado Street
Hayward, CA 94545 Stockton, CA 95202

7. Key Personnel
Cinthya Nunez, Administrative Associate / Certified Evidence Technician Attachment A
4 (Rev. 10.30.18)
3777 Depot Road, Suite 403—Hayward, CA 94545
Phone #: 510-266-8147
Email address: [email protected]

8. Option to Renew
The term of the Agreement may be extended by three (3) options to renew for one (1) additional year by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed five (5) years.

Attachment A

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EXHIBIT B

INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES

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 $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:

Attachment A

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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 Attachment A

REV 2022-05-17

provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions

Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

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

Claims Made Policies
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.

Attachment A

REV 2022-05-17

Verification of Coverage

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

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

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

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

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

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
Attachment A
(Rev. 10.30.18; Mod 05.08.23 RM)

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.

2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1 I nvoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.

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

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

5. Ownership of Work . All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree

1 Attachment A
(Rev. 10.30.18; Mod 05.08.23 RM)
to execute any additional documents that may be necessary to evidence such assignment.

All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.

7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.

8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor’s Status.

9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Cont ractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's

2 Attachment A
(Rev. 10.30.18; Mod 05.08.23 RM)
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.

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

10. S ubcontractor.

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

10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.

10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.

11. Termination.

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

3 Attachment A
(Rev. 10.30.18; Mod 05.08.23 RM)

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

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

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

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

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

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

16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 Attachment A
(Rev. 10.30.18; Mod 05.08.23 RM)

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

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

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

20. Conflicts of Interest . Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.

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

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

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

5 Attachment A
(Rev. 10.30.18; Mod 05.08.23 RM)

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

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

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

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

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

6 Attachment A
(Rev. 10.30.18; Mod 05.08.23 RM)

29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

30. Heading No t Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

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

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

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

33. Authority. Th e individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

7 Attachment A
1 (Rev. 07.12.22)

EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.

1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.

2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.

2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.

3. Time for Performance.

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other Attachment A
2 (Rev. 07.12.22)

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

4. Standard of Performance

In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

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

4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.

5. Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed Attachment A
3 (Rev. 07.12.22)

basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Personnel

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

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

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

7. Reports and Information

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

Attachment A
4 (Rev. 07.12.22)

8. Findings Confidential

All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

9. Copyright

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

10. Deliverables

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

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

11. Applicable Laws

Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

Attachment A
1 (Rev. 10.30.18)

EXHIBIT E

COMPENSATION SCHEDULE

The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $99,890.00 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 S
tandard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.

Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.

Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:

i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost.

ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost.

iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.

Reimbursement shall be made at actual costs with no markup added to the actual cost.

1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached. Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

Attachment A
2 (Rev. 10.30.18)

1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.

1.5 S ubcontractor Costs : Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed 0%.

2. Task Price .

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

Task Description Task Price
1 Historical / Archived Case Research $ 500.00 per case file request 2 Off-site File Retrieval $ 65.00 included retrieval fee

3. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this A
greement.

Hourly B illable Rate Schedule

Duty

Hourly Billable Rates
Forensic Scientist / Senior Forensic
Scientist / Microscopist $ 325.00
Forensic Technicians $ 160.00
Discovery Preparation $ 325.00
Extensive Administrative Services $ 160.00
Criminal and Civil Case Depositions and
Court Testimony $ 325.00

4. A dditional Fees. Should an amendment to the Agreement be issued for additional services that require the following items, the unit prices are as follows:

Description Unit Price
Gunshot Residue Analysis by Scanning
Electron Microscopy per stub
$ 400.00
Gunshot Residue Analysis by Scanning
Electron Microscopy per control stub
$ 225.00
Federal Mileage reimbursement rate per
mile
currently, $ 0.665
Attachment A
3 (Rev. 10.30.18)

5. Invoice to Address. Each invoice submitted shall identify the contract number , specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:

City of
Stockton Police Department
Attention: Fiscal Affairs
22 E Weber Ave, Fourth Floor
Stockton, CA 95202
Attachment A
City of Stockton
Legislation Text
File #: 23-1026, Version: 1

APPROVE MOTION TO AWARD A SERVICE CONTRACT FOR ON-CALL HEATING,

VENTILATION, AND AIR CONDITIONING EQUIPMENT REPAIR AND MAINTENANCE SERVICES

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

1. Award a five-year Service Contract, in the amount not to exceed $900,000, to American Chiller Service, Inc. of Modesto, CA, for On-Call Heating, Ventilation, and Air Conditioning Equipment Repair and Maintenance Services, Project No. OM-24-012.

2. Authorize the City Manager to execute two optional one-year extensions to this Service Contract upon completion of the original term, in the amount not to exceed $400,000, for a total contract amount of $1,300,000.

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

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

Summary
The City has solicited contractors for on-call heating, ventilation, and air conditioning (HVAC) maintenance and repair services of the City’s HVAC systems as needed. Services include, but are not limited to, cooling towers, air handling units, boilers, chillers, and compressors.

On August 23, 2023, the City advertised a Request for Proposals (RFP) for On-Call HVAC Equipment Repair and Maintenance Services, Project No. OM-24-012. This on-call Service Contract will retain a contractor to provide as-needed HVAC maintenance and repair services with set response times.

It is recommended that Council approve a motion authorizing the City Manager to execute a five-year Service Contract, in the amount not to exceed $900,000, with American Chiller Service, Inc. of Modesto, CA (Attachment A). Contracted services will expire on June 30, 2028, with the option of two one-year extensions at the same rate structure. With the optional extensions, the total not to exceed contract amount is $1,300,000. The contract will be funded from Public Works, Economic Development, and Municipal Utilities Departments’ Annual Operating Budgets (Attachment B).

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File #: 23-1026, Version: 1

DISCUSSION
Background
The Public Works Department is responsible for maintaining approximately 500 HVAC systems throughout City owned facilities. As needed, HVAC maintenance and repair services are required to maintain functionable operation of individual systems at each location.

Public Works does not have sufficient staffing to support routine maintenance, planned repairs, and emergency repairs at all City facilities. In order to meet the operational needs throughout the city, Public Works has solicited contractors for as needed HVAC maintenance and repair services.

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 does not apply because this is not a construction project.

Present Situation
On August 23, 2023, the City advertised an RFP for On-Call HVAC Equipment Repair and Maintenance Services, Project No. OM-24-012. On September 8, 2023, three proposals were received from the following:
· ACCO Engineered Systems (Sacramento, CA)
· American Chiller Service, Inc. (Modesto, CA)
· EMCOR Services Mesa Energy (West Sacramento, CA)
A Selection Committee consisting of Public Works’ staff evaluated and ranked all proposals based on each firm’s experience, quality of work, qualifications of staff, ability to meet the City’s required response times, ability to maintain readily available replacement parts, and cost. The Selection Committee conducted interviews with three responsive companies to complete the evaluation process. American Chiller Service, Inc. was selected to perform the work.

Hiring a contractor for HVAC maintenance and repair services with set pricing and response times will allow City staff to focus their efforts on preventative maintenance and provide better customer service.

It is recommended that Council approve a motion authorizing the City Manager to execute a five-year Service Contract, in the amount not to exceed $900,000, with American Chiller Service, Inc. of Modesto, CA, for On-Call HVAC Equipment Repair and Maintenance Services, Project No. OM-24- 012 (Attachment A). The annual not to exceed amount of $200,000 is an estimate based on historical expenditures for labor and materials for these services. The Service Contract is a Unit Price Contract, and the City will only pay for services performed. The proposed Service Contract provides comprehensive on-call HVAC maintenance and repair services through June 30, 2028, with the option of two one-year extensions by mutual agreement. With the optional extensions, the total not to exceed contract amount is $1,300,000.

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File #: 23-1026, Version: 1
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. Citywide on-call HVAC services involve specialized, variable heating, ventilation, and air conditioning service requests requiring experienced, qualified contractors who successfully provide services of similar frequency and scope.

2. The City does not have a sufficient number of staff available to perform the work required for this Service Contract.

3. Use of the RFP process is appropriate for this Service Contract because, in addition to cost, it relies on the evaluation of professional qualifications and performance as the basis for the selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide professional, responsive, and timely service, which is in the public interest.

FINANCIAL SUMMARY
The Service Contract with American Chiller Service, Inc. for On-Call HVAC Equipment Repair and Maintenance Services, Project No. OM-24-012, is proposed to be funded at the set fees listed below and in accordance with the Scope of Work in the Service Contract.

Five-Year Term Annual Cost
Through June 30, 2024 $ 100,000
July 1, 2024 - June 30, 2025 $ 200,000
July 1, 2025 - June 30, 2026 $ 200,000
July 1, 2026 - June 30, 2027 $ 200,000
July 1, 2027 - June 30, 2028 $ 200,000
TOTAL $ 900,000
The Service Contract will be funded from Public Works, Economic Development, and Municipal Utilities Departments’ Annual Operating Budgets. Funding is available in Fiscal Year 2023-24 departmental budget appropriations for services. Funding for the remaining years of the Service Contract will be contingent on future annual budget appropriations. The funding split will remain the same over the life of the Service Contract as outlined in Attachment B.

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

Attachment A - Service Contract with American Chiller Service, Inc.

Attachment B - Financial Breakdown by Account
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AMERICAN CHILLER SERVICE, INC., OM-24-012
09/19/2023
(Updated 04/24/23)

CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of 2023, between the CITY OF STOCKTON, a municipal corporation (“CITY), and AMERICAN CHILLER SERVICE, INC. a STATE OF CALIFORNIA CORPORATION, with a business address at P.O. BOX 1887
, RANCHO CORDOVA, CA 95741 hereinafter called "CONTRACTOR.," THIS CONTRACT is for the ON-CA LL HVAC EQUIPMENT REPAIR AND MAINTENANCE SERVICES (PROJECT NO. OM-24-012), hereinafter referred to as “SERVICE”.

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

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

C. CONTRACT
OR represents that it will pay all required prevailing wages under California Labor Code for all services provided that have a wage determination.

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

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

1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall undertake and complete the services described in Exhibit A (scope and specifications) . CONTRACTOR shall provide said services at the time, place , and in the manner specified in Exhibit A and compatible with the standards of the profession.

CONTRACTOR agrees that it shall provide fully complete services including all labor, materials, tools, equipment and insurance required and that are acceptable to the CITY.

2. COMPENSATION. C ITY shall pay CONTRACTOR for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B (fee schedule), which is attached to this Contract and incorporated by this reference. CONTRACTOR agrees this fee is for full remuneration for performing all services and furnishing all staffing, materials and tools called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approv al of CONTRACTOR’S invoice for c ompleted work. Total compensation for services and reimbursement for costs shall not exceed $900,000.00 or as otherwise mutually agreed to in a Contract Amendment.

ATTACHMENT A

AMERICAN CHILLER SERVICE, INC., OM-24-012
09/19/2023
(Updated 04/24/23)
Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

a. Invoices submitted by CONTRACTOR to CITY must contain a brief description of work performed, location of work, time used, materials and special equipment and City project number. Payment shall be made within thirty (30) days of approval of invoice by City.

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

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

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

It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

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

ATTACHMENT A

AMERICAN CHILLER SERVICE, INC., OM-24-012
09/19/2023
(Updated 04/24/23)
T
he limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

P
olicies 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.

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

C
ONTRACTOR 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 co mpleted 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.

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

4. INDEMNITY AND HOLD HARMLESS. W ith the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, 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

ATTACHMENT A

AMERICAN CHILLER SERVICE, INC., OM-24-012
09/19/2023
(Updated 04/24/23)
of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, State, or municipal law or ordinance, or City Policy, by CONTRACTOR or CONTRACTOR’S officers, agents, employees, volunteers or subcontractors. CONTRACTOR shall not be obligated to indemnify or defend CITY for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the CITY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of CONTRACTOR to CITY, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by CONTRACTOR under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

W
ith exception that this section shall in no event be construed to require indemnification, including the duty to defend, by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, the parties agree that CONTRACTOR’S duty to defend CITY is immediate and arises upon the filing of any claim against the CITY for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by CONTRACTOR or CONTRACTOR’S officers, agents, employees, volunteers or subcontractors. CONTRACTOR’S duties and obligations to defend the CITY shall apply regardless of whether or not the issue of the CITYS liability, breach of this Agreement, or other obligation or fault has been determined. CONTRACTOR shall be immediately obligated to pay for CITY’S defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal. At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the p art 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.

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

ATTACHMENT A

AMERICAN CHILLER SERVICE, INC., OM-24-012
09/19/2023
(Updated 04/24/23)
CONTRACTOR’S obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Contract for CONTRACTOR to procure and maintain a policy of insurance.

CO
NTRACTOR/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.

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. SCHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on JUNE 30, 2028, unless extended by mutual agreement through the issuance of a Contract Change Order. This contract provides for two (2), one (1) year extensions at the same rates and terms as outlined in Exhibit A and Exhibit B.

6. CONFORMANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d) http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding s ource. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit D).

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 s et forth a procedure for reporting, investigating, and resolv ing complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE

ATTACHMENT A

AMERICAN CHILLER SERVICE, INC., OM-24-012
09/19/2023
(Updated 04/24/23)
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB &division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing raand employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.

The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. S
hould the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract.

Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.

ATTACHMENT A

AMERICAN CHILLER SERVICE, INC., OM-24-012
09/19/2023
(Updated 04/24/23)
iii. T
he CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv
. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to ad minister and conduct apprenticeship programs, if applicable to the job.
e. L OCAL EMPLOYMENT ORDINANCE
P
ursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract.

CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section 3.68.095.
f. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

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

Any
such changes will be set forth in a C ontract 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 C ontract Amendment will not become effective until approved by the authorized City official.

8. RIGHTS AND DUTIES OF CITY. CI TY shall make available to CONTRACTOR all data and information in the possession of C ITY which both parties deem necessary to

ATTACHMENT A

AMERICAN CHILLER SERVICE, INC., OM-24-012
09/19/2023
(Updated 04/24/23)
complete the work, and C ITY shall actively aid and assist CONTRACTOR in obtaining such information as may be deemed necessary from other agencies and individuals.

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

10. TERMINATION. T his Agreement is effective on the Effective Date. The City may terminate this Contract and work pursuant to any of all scope of works at any time by mailing a notice in writing to Contractor. The Contract shall then be deemed terminated and no further work shall be performed by Contractor. If the Contract is so terminated, the Contractor shall be paid for that percentage of work actually completed at the time the notice of termination is received.

11. CONTRACTOR STATUS. In performing the obligations set forth in this Contract, CONTRACTOR shall have the status of an independent contractor and CONTRACTOR shall not be considered to be an employee of the C ity for any purpose. All persons working for or under the direction of CONTRACTOR are its agents and employees, and are not agents of the 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 s ubcontractors and suppliers, will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The CONTRACTOR is responsible to the CITY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If
in the performance of this Contract any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by CONTRACTOR. i. I
t is further understood and agreed that CONTRACTOR must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR’S personnel.
ii. A
s an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against the C ITY

ATTACHMENT A

AMERICAN CHILLER SERVICE, INC., OM-24-012
09/19/2023
(Updated 04/24/23)
based upon any contention by any third party that employer -employee relationship exists by reason of this Contract.

12. ASSIGNMENT. CONTRACTOR shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the C ITY, and then only upon such terms and conditions as C ITY may set forth in writing. CONTRACTOR shall be solely responsible for reimbursing subcontractors.

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

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

To CO
NTRACTOR: American Chiller Service, Inc. To City: Public Works Director P.O. Box 1887 City of Stockton
Rancho Cordova, CA 95741 22 E. Weber Ave., Rm. 301
Stockton, CA 95202

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

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

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

17. CONFIDENTIALITY. CONTRACTOR shall exercise reasonable precautions to prevent the unauthorized disclosure and use of CITY’S reports, information, or conclusions.

18. CONFLICTS OF INTEREST. CONTRACTOR covenants that other than this Contract, CONTRACTOR has no financial interest with any official, employee, or other representative of the CITY. CONTRACTOR and its principals do not have any financial interest

ATTACHMENT A

AMERICAN CHILLER SERVICE, INC., OM-24-012
09/19/2023
(Updated 04/24/23)
in real property, sources of income or investment that would be affected in any manner or degree by the performance of CONTRACTOR’S services under this Contract. If such an interest arises, CONTRACTOR will immediately notify CITY.

19. WAIVER. I n the event either CITY or CONTRACTOR at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.

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

21. DISPUTE RESOLUTION. Prior to undertaking any litigation , the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between senior managers of each Party having authority to resolve the dispute.

1. Venu
e
Any controversy or claim between the Parties shall be determined with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

2. I
f any litigation action or proceeding is commenced in connection with this Agreement, the prevailing Party, as determined by the court, shall be entitled to reasonable attorneys' fees (including allocated costs for in- house legal services), costs and necessary disbursements incurred in such action or proceeding.

22. NO PERSONAL LIABILITY. N o official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY or for any amount due CONTRACTOR.

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

ATTACHMENT A

City of Stockton Public Works Department
On-Call HVAC Equipment Repair & Maintenance | SCOPE OF WORK Project No. OM-24-012

ON-CALL HVAC EQUIPMENT REPAIR AND MAINTENANCE SERVICES
PROJECT NO. OM-24-012

SCOPE OF WORK

DESCRIPTION
The Contractor shall provi de the City with a Heating, Ventilation and Air Conditioning (HVAC) maintenance and repair program consisti ng of a variety of tasks, including, but not limited to, inspection, as-needed repair, and replacement of all failed, worn, stationary or moving components and/or parts. Parts include, but are not limited to refrigerant, oil, bearings, motor systems, gears, burners, actuators and switc hes. Annual services shall include all labor, parts, compone nts and materials. Included in th is category are critical components and parts of the City’s HVAC system, which include, but are not limited to:

Cooling Towers, Air Handling Units, Boilers, Chillers and Compressors.

Service provider shall follow all industry-recognized standard practices for inspection and maintenance of commercial building HVAC Systems. All services shall be performed by a Qualified Journeyperson, exceptions to th is shall be approved by the City of Stockton Facilities Maintenance Supervisor or a designee in writing.

Contractor shall exercise and maintain all applicable Federal , State, County and Municipal regulatory requirements as it pertains to health and safety. Regulators include but are not limited to OSHA, San Joaquin Valley Air Pollution Control District, Department of Environmental Health and Ca lifornia Air Resource s Board. Where there is a conflict between applicable regulations, the most stringent will apply. This includes removal and disposal of any hazardous waste.

ANNUAL SERVICES
In addition to the manufacturer’s recommendations, full and complete annual service shall include all work and costs associated with inspections, tests, troubleshooting, calibrations and adjustments required for sustaining or restoring equipment or systems to as-designed performance. All parts, refrigerant, oil and other material to complete annual services are furnished under the provisions of this Servic e Contract. Air conditioning annual services will be scheduled in the spring and heating annual services in the fall.

Annual services are expected to be perfo rmed during normal operating hours and billed at a fixed hourly rate as listed in the Cost Proposal document.

Any work required beyond the scope of annual services will require an itemized estimate to be approved by the City’s Facilities Maintenance Supervisor, Contract Administrator or a designee before any work is performed.

EXHIBIT A

ATTACHMENT A

City of Stockton Public Works Department
On-Call HVAC Equipment Repair & Maintenance | SCOPE OF WORK Project No. OM-24-012

ON-CALL REPAIR SERVICES

1. Provide on-call, as-needed repair of the City’s HVAC equipment when requested by the City’s Facilities Maintenance Supervisor, Contract Administrator or a designee.

2. Provide emergency, time-critical repair of HVAC equipment when requested by the City’s Facilities Maintenance Supervisor, Contract Administrator or a designee.

3. Provide an appropriate le vel of staffing and tools necessary to support all City maintenance and repair functions duri ng hours of operation and after normal working hours.

4. Furnish and install all new parts, oils, fluids, components and materials which are commercial grade and meet or exceed the original equipment manufacturers (OEM) specifications. Any use of parts other than those manufactured by the OEM shall be approved by the City’s Facilitie s Maintenance Supervisor, Contract Administrator or a designee prior to utilization in specific work tasks.

5. Maintain a supply of available parts and a supply system for acquisition of additional parts either immediately or with minimal delay.

6. Check in with the City’s Facilities Maintenance Supervisor, Contract Administrator or a designee upon each site visit.

7. Work professionally a nd cooperatively with City sta ff or personnel when working onsite during assigned projects.

8. Troubleshoot, diagnose, and develop a Scope of Work for the material and labor required to complete repairs or replacements:
a. Develop a cost estimate based on t he Scope of Work and submit to the City’s Facilities Maint
enance Superviso r, Contract Administrator and/or
designee.
i. Develop potential alte rnatives, with costs, in cases of repairs versus replacements.
ii. Emergency HVAC equipment work may be authorized by the City’s Facilities Maintenance Supervisor, Contract Administrator and/or designee prior to submission of a cost estimate for the work. b. Submit estimates to the City’s Facilities Maintenance Supervisor and/or the Contract Administrator for approval.
c. Proceed with the work only after authorization by City’s Facilities Maintenance Supervisor, Contract Administrator and/or designee and complete all work in accordance with the approved cost estimate.

EXHIBIT A

ATTACHMENT A

City of Stockton Public Works Department
On-Call HVAC Equipment Repair & Maintenance | SCOPE OF WORK Project No. OM-24-012 d. Advise the City’s Facilities Ma intenance Supervisor and/or Contract Administrator if any additional work is required and when a technician will return to perform said work.
i. Additional work exceeding the appr oved cost estimate by 10% must be approved by the City’s Contract Administrator.

9. Contractor shall ensure t hat work areas are appropriately contained and kept in an orderly condition. Contractor is responsible for cleaning all spills and disposing of all waste generated throughout assigned work . Disposal in City facilities or containers is not allowed.

10. Have and maintain a thorough knowledge of standard practices for inspection and maintenance of commercial building HVAC Systems. All maintenance and repairs shall be provided in acco rdance with the highest standards of the industry, skill, workmanship, applicable trade practices, shall meet warranties and be in conformance to all applicable laws, codes and regulations.

11. Provide vehicles and t ools needed to complete the work. Contractor shall not charge the City for use of tools/equipment typically found on service truck.

12. The Contractor shall maintain the appropriate licenses and comply with all other license, insurance, and permit requirements of the City, State, and Federal governments as well as all other requirements of the law.

ON-CALL REPAIR SERVICE REQUIRED RESPONSE TIME

1. Possess and maintain a service request reporting system, such as a designated phone contact with 24 hours, 7 days per week service, capable of dispatching service personnel.
a. The reporting system and telephone number shall be provided to the City’s Facilities Maintenance Supervisor and Contract Administrator upon commencement of this contract.

2. Respond to, mobilize, and be onsite ready to start work for all emergency requests within four (4) hours of init ial contact, unless a longer response time is agreed to by the City’s Facilities Maintenance Super visor, Contract Administrator and/or designee.

3. Respond to, mobilize, and be onsite ready to start work for non-emergency requests within 24 hours, unless a longer re sponse time is agreed to by City’s Facilities Supervisor, Contract Administrator and/or designee.

4. Time to respond shall star t when the City reports the problem to the Contractor’s designated emergency phone number. The Contractor shall provide a call back to the City designee within thirty (30) minutes of the initial call if unanswered by the Contractor.

EXHIBIT A

ATTACHMENT A

City of Stockton Public Works Department
On-Call HVAC Equipment Repair & Maintenance | SCOPE OF WORK Project No. OM-24-012

5. If repairs cannot be completed upon arrival, the facility and areas of work shall be left in a secured manner to ensure the safety of City employees and citizens.

EXHIBIT A

ATTACHMENT A

American Chiller Service, Inc.

On-Call HVAC Equipment Repair and Maintenance Services
City Project No. OM-24-012

COST PROPOSAL SHEET

ITEM LABOR SCHEDULE HOURLY RATE
Annual Services (Journeyperson)
Troubleshooting $250.00/hr. 7:00 am to 5:00 pm, Monday- Friday Annual Services (Apprentice)
2 Troubleshooting $250.00/hr. 7:00 am to 5:00 pm, Monday - Friday 3 After-hours rate (Joumeyperson)
5:00 pm to 7:00 am, Saturday, Sunday, Holiday $325.00/hr. 4 After-hours rate (Apprentice)
$325.00/hr. 5:00 pm to 7:00 am, Saturday, Sunday, Holiday Specialized Equipment Rate Schedule
Describe Equipment & Hourly or Flat Rate
DESCRIPTION OF SPECIALIZED EQUIPMENT HOURLY OR RATE FLAT? 5 Telehandler (not to exceed 1 Ok capacity) DAY $750.00 6 Aerial Lift (not to exceed 40-45' reach) DAY $450.00
7 8
Note 1 :All rates include transportation and all tools/equipment on service vehicles.

Note 2:Proposer may submit additional rate sheets for specialized equipment rate schedule, if needed.

Note 3:Mark-up on parts/materials may not exceed 15% of Contractors cost. Invoices must identify the work performed cost of labor, parts/materials used, parts/materials cost, and parts/materials mark-up. Freight to be billed at cost. (
American Chiller Service, Inc.
a California Corporation
� . (?_pz__
l:faniel T. John�
President
City of Stockton Public Works Department
_.,
On-Call HVAC Repair and Maintenance Services I COST PROPOSAL

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Project No. OM-24-012
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EXHIBIT B

ATTACHMENT A

Contractor Information
Legal Entity Name
AMERICAN CHILLER SERVICE, INC.

Legal Entity Type
Corporation
Status
Active
Registration Number
1000000880
Registration effective date
07 /01/22
Registration expiration date
06/30/25
Mailing Address
PO BOX 1887 RANCHO CORDOVA 95741 CA United State ...

Physical Address
11328 SUNRISE GOLD CIRCLE RANCHO CORDOVA 95742 ...
i Email Address
[email protected]
Trade Name/DBA
AMERICAN CHILLER SERVICE, INC.
! ACS COOLING TOWER SERVICES
License Number (s)
CSLB:605046
,·
Legal Entity Information
Corporation Entity Number:

Federal Employment Identification Number:

President Name:

Vice President Name:

Treasurer Name:

Secretary Name:

CEO Name:

Agency for Service:

Agent of Service Name:

Agent of Service Mailing Address:

Worker's Compensation
Registration History
C166101�
68021�0
Effective Date
06/21/18
05/01/17
05/02/16
07/01/15
08/15/14
07/01/19
07 /01/22
Daniel T. �ohnson
Kevin E. Jci>hnson
Daniel T. Johnson
Kevin E. J9hnson
HMS Law:Group
Expiration Da
06/30/19
06/30/18
06/30/17
06/30/16
06/30/15
06/30/22
06/30/25
455 Capitol Mall, Suite 605 Sacramento
!
Do you lease employees through Professional Employer Organization {�EO)?: No Please provide your current worker's compensation insurance informat!on below:
i

PEO PEO PEO
PEO lnformationName Phone Email

EXHIBIT B

ATTACHMENT A

Insured by Carrier
Policy Holder Name:

Insurance Carrier:

Policy Number:

Inception date:
' Expiration Date:

AMERICA

NATIONA
01201604
03/01/22
03/01/23

EXHIBIT B

ATTACHMENT A

oca CONTRACTORS

STATE LICENSE BOARD

ACTIVE LICENSE
----605046 -CORP
-.-AMERICAN CHILLER SERVICE INC
��-•• C-4 C20 C38 C61/D53 B C33
ta , __ 1013-J/2024 www.cslb.ca.gov •

EXHIBIT B

ATTACHMENT A

CITY OF STOCKTON

BUSINESS LICENSE TAX CERTIFICATE
ACCOUNT ID: 108553
CUSTOMER ID: 120422
LICENSE NUMBER: 59427

AMERICAN CHILLER SERVICE INC
PO BOX 1887
RANCHO CORDOVA, CA 95741
BUSINESS ADDRESS:

OUT OF AREA
PARCEL #: 999999
EXPIRATION DATE:
12/31/2023
BUSINESS LICENSE CLASSIFICATION: CONTRACTOR
BUSINESS TYPE: GENERAL CONTRACTOR-ANNUAL
BUSINESS DESCRIPTION: B, C4, C20, C33, C38, C61

THIS LICENSE MUST BE KEPT AT THE FIXED LOCATION OF THE BUSINESS IT HAS BEEN ISSUED FOR, AND DISPLAYED UPON DEMAND.
-OR-

IN THE CASE OF A LICENSEE NOT AT A FIXED LOCATION, THE LICENSEE SHALL KEEP

THIS LICENSE UPON HIS PERSON AT ALL TIMES WHILE TRANSACTING AND CARRYING ON BUSINESS AND DISPLAY IT UPON DEMAND.

Licenses must be renewed by the last day of the month following the expiration date. It is the business owner's responsibility to renew the business license or notify the city that they are no longer doing business, even if they do not receive a renewal application by mail.

Notify the City of Stockton, Business License Customer Service unit of any changes to the business either by mail City of Stockton, P.O. Box 1570, Stockton, CA 95201-1570, or in our office City Hall, Administrative Services Department, 425 North El Dorado Street, Stockton, CA 95202.

Office hours are 9:00 a.m. to 5:00 p.m. Monday through Friday. We are closed every other Friday.

On the second open Friday, the office closes at 12:00 p.m. Visit www.stocktonca.gov for a list of closed days and holidays.

EXHIBIT B

ATTACHMENT A

REV 2022-05-17
Exhibit C:

Insurance Requirements
(On-Call HVAC Equipment Repair & Maintenance)
Cont
ractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

MINIMUM SC

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

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

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

4. Suret
y Bonds as described below.

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

Self-I
nsured Retentions
Sel
f-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by

EXHIBIT C

ATTACHMENT A

REV 2022-05-17

either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

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

Other Insurance Provisions

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

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

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

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

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

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

Claims Made Policies (Professional & Pollution only)

EXHIBIT C

ATTACHMENT A

REV 2022-05-17
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. 2 . Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4 . A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5 . If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

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

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

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

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

EXHIBIT C

ATTACHMENT A

REV 2022-05-17
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. Performance Bond
3 . Payment Bond
4 . Maintenance Bond
T
he Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate

EXHIBIT C

ATTACHMENT A

REV 2022-05-17

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

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

Certificate Holder Address

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

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

EXHIBIT C

ATTACHMENT A

Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

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

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

EXHIBIT D

ATTACHMENT A

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 D

ATTACHMENT A

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 D

ATTACHMENT A

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 D

ATTACHMENT A

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 D

ATTACHMENT A

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 D

ATTACHMENT A

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 D

ATTACHMENT A

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 D

ATTACHMENT A

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 D

ATTACHMENT A

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 D

ATTACHMENT A

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 D

ATTACHMENT A

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 D

ATTACHMENT A

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 D

ATTACHMENT A

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 D

ATTACHMENT A

ON-CALL HVAC EQUIPMENT REPAIR & MAINTENANCE SERVICES, PROJECT NO. OM-24-012

FINANCIAL BREAKDOWN BY ACCOUNT
SERVICE CONTRACT - THROUGH JUNE 30, 2028
ACCOUNT NAME FUND NAME ACCOUNT NUMBER FY 2023-24 NOT

TO EXCEED FEE
FY 2024-25 NOT

TO EXCEED FEE
FY 2025-26 NOT

TO EXCEED FEE
FY 2026-27 NOT

TO EXCEED FEE
FY 2027-28 NOT

TO EXCEED FEE TOTAL
Public Works Facilities Maint. Account,
HVAC, Maintenance & Repair General Fund 4520-705-630013-100-000-30-45-000-000- $ 45,000.00 $ 90,000.00 $ 90,000.00 $ 90,000.00 $ 90,000.00 $ 405,000.00 MUD Account,
RWCF Buildings
Maintenance and Repair
Wastewater Utility
Fund 6512-000-630013-610-000-00-65-000-000- $ 25,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 225,000.00 MUD Account,
Sanitary Pump Stations,
Maintenance and Repair
Wastewater Utility
Fund 6512-513-630013-610-000-00-65-000-000- $ 12,500.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 112,500.00 MUD Account,
Delta Water Treatment Plant
Maintenance and Repair
Water Utility Fund 6512-000-630013-600-000-00-65-000-000- $ 12,500.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 112,500.00 EDD Account,
Civic Auditorium
Maintenance and Repair
General Fund 5023-908-630013-100-000-50-60-000-000 $ 5,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 45,000.00 TOTALS $ 100,000.00 200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ 900,000.00$

OPTIONAL TWO ONE-YEAR EXTENSIONS
ACCOUNT NAME FUND NAME ACCOUNT NUMBER FY 2028-29 NOT

TO EXCEED FEE
FY 2029-30 NOT
TO EXCEED FEE Total
Public Works Facilities Maint. Account,
HVAC, Maintenance & Repair General Fund 4520-705-630013-100-000-30-45-000-000- $ 90,000.00 $ 90,000.00 $ 180,000.00 MUD Account,
RWCF Buildings
Maintenance and Repair
Wastewater Utility
Fund 6512-000-630013-610-000-00-65-000-000- $ 50,000.00 $ 50,000.00 $ 100,000.00 MUD Account,
Sanitary Pump Stations,
Maintenance and Repair
Wastewater Utility
Fund 6512-513-630013-610-000-00-65-000-000- $ 25,000.00 $ 25,000.00 $ 50,000.00 MUD Account,
Delta Water Treatment Plant
Maintenance and Repair
Water Utility Fund 6512-000-630013-600-000-00-65-000-000- $ 25,000.00 $ 25,000.00 $ 50,000.00 EDD Account,
Civic Auditorium
Maintenance and Repair
General Fund 5023-908-630013-100-000-50-60-000-000 $ 10,000.00 $ 10,000.00 $ 20,000.00 TOTALS 200,000.00$ 200,000.00$ 400,000.00$

ATTACHMENT B
City of Stockton
Legislation Text
File #: 23-1073, Version: 2

ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM FY 2023-24 SB1 - MILL AND OVERLAY PROJECT

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

1. Approve Notice of Exemption No. NOE55-23 under the California Environmental Quality Act for the Local Street Resurfacing Program FY 2023-24 SB1 - Mill and Overlay, Project No.

WD24003.

2. Approve the plans and specifications for the Local Street Resurfacing Program FY 2023-24 SB1 - Mill and Overlay, Project No. WD24003.

3. Award a Construction Contract in the amount of $704,298 to United Pavement Maintenance, Inc. of Hughson, CA, for the Local Street Resurfacing Program FY 2023-24 SB1 - Mill and Overlay, Project No. WD24003.

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 apply a mill and overlay treatment to approximately one centerline mile of residential and collector roadways citywide (Attachment A). Mill and overlay is the process of milling the existing deteriorated asphalt and overlaying the new asphalt layer to improve rideability and extend the roadway’s life expectancy. The project was included in the 2023-28 Five-Year Capital Improvement Plan (CIP).

On October 12, 2023, the City received six bids for this project. Staff recommends award of the Construction Contract to the lowest responsive bidder, United Pavement Maintenance, Inc., in the amount of $704,298. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE55-23 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project.

Construction is anticipated to begin spring 2024 and be completed by fall 2024, weather permitting.

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File #: 23-1073, Version: 2

DISCUSSION
Background
On April 28, 2017, the Governor signed Senate Bill 1 (SB1), known as the Road Repair and Accountability Act of 2017. SB1 funding provides for basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and road systems. The California Transportation Commission (CTC) is responsible for oversight of funding and/or programs created with the approval of SB1.

SB1 provides funding for the Road Maintenance and Rehabilitation Account (RMRA) Program. Other programs include the Local Partnership Program, the Active Transportation Program, State Highway Operation and Protection Program, and Local Streets and Roads Program. The RMRA funding is part of the City’s overall Gas Tax allocation; however, RMRA funds can only be expended on projects that meet eligibility criteria and have been approved by the CTC. RMRA funds are accounted for and reported separately from regular Gas Tax funds.

Approximately $7.99 million in SB1 RMRA Program funding was allocated to the City for Fiscal Year (FY) 2023-24 and approved by Council on May 2, 2023, by Resolution No. 2023-05-02-1211. The project list was subsequently approved by the CTC and provides for multiple resurfacing projects that may consist of slurry sealing, micro-surfacing, cape seal, and/or an asphalt overlay. These projects are all being delivered separately based on the type of resurfacing treatment. A cost-effective method of maintaining streets is to provide treatment for streets that are in fair to good condition. The preservation of streets in this condition is critical, as rehabilitation costs rise exponentially as pavement deteriorates.

The Local Street Resurfacing Program FY 2023-24 SB1 - Mill and Overlay, Project No. WD24003, was included in the 2023-28 Five-Year CIP. The project will apply a mill and overlay treatment to approximately one centerline mile of residential and collector roadways citywide (Attachment A). The project includes removing and replacing pavement striping and legends and the application of mill and overlay. Mill and overlay is the process of milling the existing deteriorated asphalt and overlaying a new asphalt layer to improve rideability and extend the roadway’s life expectancy.

The list of roads for this project was developed from the City of Stockton Pavement Management System (Attachment B). The system analyzes variables such as current pavement condition and projected traffic load to forecast how roadway segments will decline over time. The forecasts are used to evaluate the cost and benefits of repair options and identify the optimal pavement resurfacing plan. Roadways with a Pavement Condition Index (PCI) ranging between 25 and 50 are suitable for this treatment. Mill and overlay of the selected local roads are anticipated to extend their life span by a minimum of 10 years.

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.

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File #: 23-1073, Version: 2
Present Situation
On August 21, 2023, the Local Street Resurfacing Program FY 2023-24 SB1 - Mill and Overlay, Project No. WD24003, was advertised for bids. On October 12, 2023, six bids were received with the following results:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
United Pavement Maintenance, Inc. $ 704,298 $ 704,298 (Hughson, CA)
Consolidated Engineering, Inc. $ 819,435 $ 819,435
(Valley Springs, CA)
Dirt Dynasty, Inc. $ 960,000 $ 940,800
(Farmington, CA)
Tom Mayo Construction, Inc. $1,078,400 $1,024,480
(Stockton, CA)
George Reed, Inc. $1,266,780 $1,266,780
(Modesto, CA)
B&M Builders, Inc. $1,288,400 $1,288,400
(Rancho Cordova, CA)
Engineer’s Estimate $1,250,000
The CWTA applies to this Construction Contract because the Engineer’s Estimate is over the $1 million threshold amount. The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order.

The bid from United Pavement Maintenance, Inc., the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to United Pavement Maintenance, Inc. of Hughson, CA, in the amount of $704,298.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. As a result, the project has been granted a Categorical Exemption. 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. NOE55-23 under CEQA. Construction is anticipated to begin spring 2024 and be completed by fall 2024, weather permitting.

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File #: 23-1073, Version: 2

FINANCIAL SUMMARY
There is sufficient funding available in the Local Street Resurfacing Program FY 2023-24 SB1, Project No. WD24003, Account No. 4570-000-800007-300-000-30-45-000-000, to award a Construction Contract to United Pavement Maintenance, Inc. in the amount of $704,298.

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

Attachment A - Vicinity Map
Attachment B - Location List
City of Stockton Printed on 1/4/2024Page 4 of 4
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RD

PARK ST

PACIFIC AV

MORADA LN

PACIFIC AV

PERSHING AV

ALPINE AV

WEST LN

HARDING WY
µ
LEGEND:

Mill and Overlay
County Limits
Schools
Parks
0 0.4 0.8 1.2 1.60.2
Miles
LOCAL STREET RESURFACING PROGRAM FY 2023-24
SB1 - MILL AND OVERLAY, PROJECT NO. WD24003

ATTACHMENT A
No. Street Name Begin Location End Location
1 3215 Pacific Ave Pacific Ave 220 West of Pacific Ave
2 Pacific Ave E Frontage Benjamin Holt Lincoln Rd
3 Robinhood Dr Pacific Ave Banbury
4 Hazelton Ave S Mc Donell Ave Court St
5 2761 Pacific Ave Smith Ln and Pacific
Ave
6 Chergbourg Wy Morada Ln Sandalwood Dr
7 Willow St Dena Ct Wilshire Ave
Local Street Resurfacing Program FY 2023-24 SB1 - Mill and Overlay, Projet No. WD24003
Location List

ATTACHMENT B
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AP PROVING THE NOTICE OF EXEMPTION NO. NOE 55-23,

APPROVING THE PLANS AND SPECIFICATIONS , AND AWARDING A

CONSTRUCTION CONTRACT FOR THE LOCAL STREET RESURFACING
PROGRAM FY 2023-24 SB1 – MILL AND OVERLAY, PROJECT NO. WD24003

On October 12, 2023, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Local Street Resurfacing Program FY 2023-24 SB1 – Mill and Overlay, Project No. WD24003; and

The project will apply a mill and overlay treatment to approximately one centerline mile of residential and collector roadways citywide. The project includes removing and replacing pavement striping and legends and the application of mill and overlay; and

United Pavement Maintenance, Inc. is the lowest responsive bidder in the amount of $704,298 and its bid is regular in all respects; and

The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under s ection 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. NOE55-23 under the CEQA for the Local Street Resurfacing Program FY 202 3-24 SB1 – Mill and Overlay, Project No. WD24003, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the plans and specifications for the Local Street Resurfacing Program FY 2023-24 SB1 – Mill and Overlay, Project No. WD24003.

3. The City Council awards a Construction Contract between the City of Stockton and United Pavement Maintenance, Inc. in the amount of $704,298, 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.

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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 January 9, 2024 .

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

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

CITY OF STOCKTON

NOTICE OF EXEMPTION
TO: CO
UNTY CLERK FROM: Lead Agency
COUN TY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Public Works Department Stockton, CA 95202 22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE
OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJ

ECT DATA
Project Title: LOCAL STREET RESURFACING PROGRAM FY23-2 4 SB1 MILL AND OVERLAY, PROJECT NO.

WD24003
CEQA Exemption File No.: NOE 55-23
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton’s Publ ic W orks Depart ment will be resurfacing city s treets at various locations citywide, inclusive of mill and overlay of pavement. See attachment A for more information.

DETER

MINATION/FINDING OF EXEMPTION
The abov
e-described activit y/project i s exempt from the environmental as sessment requirements of the Ca lifornia 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 activit y is exempt under the "general rule" at CEQA Guidelines Section15061(B)(3).

The project is "Statutorily Exempt" per CEQA Guidelines Section: __________ X The project is "Categoricall y Exempt" per CEQA Guidelines Section 15301(c).

BASI

S FOR FINDING OF EXEMPTION
The activity does not qualify as a proj ect and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.

X 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, therefo re, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).

JODI
ALMASSY, DIRECTOR October 18, 2023

PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By
Thinh Phan, Project Manager (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________ AFF

IDAVIT OF FILING AND POSTING
I dec
lare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
_______________________
__________________
Posting Period Ending Date
EXHIBIT 1
Local Cons
truction Contract – UNITED PAVEMENT MAINTENANCE, INC. –PROJECT NO. WD24003 (Updated 10/18/23)

CONSTRUCTION CONTRACT
This contrac
t is made and entered into on _____________, by and between UNITED PAVEMENT MAINTENANCE, INC. , a STATE OF CALIFORNIA CORPORATION, with a business address at 7017 HUGHSON AVE, HUGHSON, CA 95326 , 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 LOCAL STREET RESURFACING PROGRAM FY 2023-24 SB1 – MILL AND OVERLAY (PROJECT NO.

WD24003), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

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

CONTRACTOR agrees:

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

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $704,298.00, 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.

EXHIBIT 2
Local Co
nstruction Contract – UNITED PAVEMENT MAINTENANCE, INC. –PROJECT NO. WD24003 (Updated 10/18/23)
Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits sp
ecified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

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

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

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

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

The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements.

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

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

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

Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. 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
Local Co
nstruction Contract – UNITED PAVEMENT MAINTENANCE, INC. –PROJECT NO. WD24003 (Updated 10/18/23)

4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

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

The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract.

CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 40 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 FOUR THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($4,800.00) 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 case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to

EXHIBIT 2
Local Co
nstruction Contract – UNITED PAVEMENT MAINTENANCE, INC. –PROJECT NO. WD24003 (Updated 10/18/23)
the contract, and which accrue during the period of such extension, whichever is greater, except th
e cost of final surveys and preparation of final estimate shall not be included in such charges.

A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.

If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.

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

The City o
f 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 o
f 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

EXHIBIT 2
Local Co
nstruction Contract – UNITED PAVEMENT MAINTENANCE, INC. –PROJECT NO. WD24003 (Updated 10/18/23)
for reporting, investigating, and resolving complaints of discrimination and harassment
in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder
shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB &division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVA

ILING WAGE

CONTRACT
OR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done.

CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor.

As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee. i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.

The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any
subcontractor under CONTRACTOR, in the execution of this contract, for

EXHIBIT 2
Local Co
nstruction Contract – UNITED PAVEMENT MAINTENANCE, INC. –PROJECT NO. WD24003 (Updated 10/18/23)
each calendar day during which any laborer, worker, or mechanic is required or
permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code. iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
e. LOCAL EMPLOYMENT ORDINANCE
Pursuant
to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section 3.68.095. f. COMMUNITY WORKFORCE TRAINING AGREEMENT
Pursuant
to the implementation of the Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of CWTA. For any project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and no separate compliance with Section 3.68.095 will be required of the Contractors/Employers working on the project (EXHIBIT D).
g. SANCTIONS

EXHIBIT 2
Local Cons
truction Contract – UNITED PAVEMENT MAINTENANCE, INC. –PROJECT NO. WD24003 (Updated 10/18/23)
Deliverables must conform with all applicable federal, state, and local laws.

Such conf
ormity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

CITY agrees:

8. COMPENSATION. To pay CONTRACTOR for the work herein contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.

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

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

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

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

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

EXHIBIT 2

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

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.

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

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

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

ATTEST:

ELIZA R. GARZA, CMC

CITY CLERK
By: ___________ _
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

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

DEPUTY CITY ATTORNEY
CITY:

By: ____________ _

HARRY BLACK

CITY MANAGER
By � v V oltc,Ja CA
• UITED MAINTENANCE
PAVEMENT, INC.

L\J \439 J.�q
Tax Identification No.

Local Construction Contract- UNITED PAVEMENT MAINTENANCE, INC. -PROJECT NO. WD24003 (Updated 1011a123)

EXHIBIT 2
LOCAL STREET RESURFACING PROGRAM FY 2023-24 SB1 - MILL AND OVERLAY PROJECT NO. WD24003D

BIDDING 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. -
I 1-:4,
Item Description Unit Quantity - Total Price price
1 Mobilization 1
LS 66,324 66,324
2 Traffic Control LS 1
51,500 51,500 '
3 Water Pollution Control LS 1
6,618 6,618
4 Adjust Maintenance Hole EA 30
900.00 27,000
5 Adjust Water Valve Cover EA 5
850.00 4,250 I
Adjust Centerline Survey Monument fl
6 EA 6 ,.

Cover 850.00 5,100
7 Install Residential Driveway Per Stockton EA 1 DWG R-58 8,000 8,000 8 Install Curb Ramp Per Stockton DWG R- EA 65 18
10,000 180,000
9 Install Curb Ramp Per Stockton DWG R- EA 1 66 9,000 9,000 - 10 Install Curb Ramp Per Modified A EA 3
10,300 30,900
11 Install Curb Ramp Per Modified C EA 1
-
8,000 8,000
12 Install Detectable Warning Surface EA 1
1,000 1,000
13 Install Traffic Loops EA 12
2,000 24,000
14 Install Detail 2 Striping LF 1700

1.75 2,975
Bid Forms Last Revised 12/31/20

EXHIBIT 2

EXHIBIT A
Item Description Unit Quantity Unit Total Price price
15 Install Detail 9 Striping LF 500

1.75 875.00
16 Install Detail 22 Striping LF 500

4.25 2,125
-
17 Install Detail 27M Striping LF 700

3.25 2,275
18 Install Detail 29 Striping LF 300

8.60 2,580
19 Install Detail 32 Striping LF 200

6.50 1,300
20 Install Detail 38A Striping LF 400

2.16 864.00
21 Install White Thermoplastic (Arrows, SF 1600 Crosswalks, and All Pavement Legends) 8.00 12,800 22 Cold Planing - (3.0-lnch) SY 22,000

4.24 93,280
Hot Mix Asphalt (Type A) - Asphalt
I 23 Material Provided by City's Asphalt TON 3700 Contract ' 122,100
!

33.00 I
24 Additional Concrete Sidewalk Removal
and Replacement SF 400

20.00 8,000 -
Additional Curb and Gutter Removal and LF 200 25 Replacement

70.00 14,000
--
26 Speed Hump Removal and Replacement EA 4 -
4,858 19,432
--
TOTAL BID $704,298
BIDDER'S NAME United Pavement Maintenance, Inc.
-
Bid Fonns Last Revised 12/31/20

EXHIBIT 2

EXHIBIT A
REV 2022-05-17
Exhibit B:

Insurance Requirements
(
MILL AND OVERLAY WD24003)
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

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

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

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

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

4. Surety Bonds as described below.

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

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

EXHIBIT 2

EXHIBIT B
REV 2022-05-17
either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

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

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

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

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

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

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

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

Claims Made Policies (Professional & Pollution only)

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REV 2022-05-17
If any coverage required is written on a claims-made coverage form:

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

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

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

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

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

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

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

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

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

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EXHIBIT B
REV 2022-05-17
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. Performance Bond

3. Payment Bond

4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate

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EXHIBIT B
REV 2022-05-17
Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

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

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

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

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EXHIBIT B
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
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
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
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
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
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
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
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
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
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
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
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

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

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

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THE FINAL PREMIUM IS
PRl;:DICATED ON THE

FINAL CONTRACT AMOUNT

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, UNITED PAVEMENT MAINTENANCE, INC,, a STATE OF
CAt.lFORNIA CORPORATION; as Principal' and' Atlantic Specially Insurance Company a corp.oration, organiz.ed and existing,,under the laws .. of. the. State. of ....,N""ew=Y...,o...,rk,.... ___ _ 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 amlby, virtue. of thedaws. of, thee State of, Californiai as, obligee, in the just and full sum of SEVEN HUNDRED FOUR THOUSAND TWO HUNDRED NINETY-EIGHT AND 00/100 DOLLARS ($704,298.00), in lawful money of tha- United States· of America, (being· 100%. of' the, contract· pricer 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 followingworl<, to wit
LOCAL STREET RESURFACING PROGRAM FY 2023-24 SB1 - MILL AND OVERtAY'PRO:.IEC'.J'
(PROJECT NO. WD24003)
NOW, THEREFORE, if the above bounden Principal, CONTRA"CTOR; 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 ful1Jorceoand0e.ffect.

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 betweens Ute said'CONTRACTOR' amtttlesaid'CJ'J'Y; arnf no forbearance orr tt\e part of the. said CITY shall operate to relieve any Surety or Suretie.s from liability on this b.and,

EXHIBIT 2
and. consent by said .. Sure� is hereb.y gjven, and the said Surety. hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

StGNEO ANU SEAhED-on_. _;_N...;..:o.v_;_am=-beC...C.r-'--8th�,..;;c.20.;;..;;2�3 __________ _ APPROVED AS TO SURETY:

APPROVED AS TO FORM & CONTENT:

JOHN°M; lUEBBERKELORl Ma ASUNCION

OFFICE OF THE CITY ATTORNEY
By: _________ _

DEPUTY CITY ATTORNEY
Atlantic Specialty Insurance Company
SURETY
By: ex ,;; 2

ATTORNEY-IN-FA '-
Benjamin Wolfe
EXHIBIT 2

ACKNOWLEDGMENT
A notary pub!ic- 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 Sacramento
On ___ 1..:....1:.:../0=8=/=20=2=3'------ before me, ___ C_h_e_ls_ea_u_·b_e_ra_to_r;_e�, N_o_t_a_ry_P_u_b_lic _____ _ (insert name and title of the officer)
personally appeared Beniamin Wolfe
who proved to me on the basis of satisfactory evidence to be thep_erson(s} whose name(s) is/are subscnbed 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 certify under PENALTY OF PERJURY .under the taws-of·the·State of Catifomia that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature � .. 6...,./4,,
Chelsea Liberatore
(Seal)

EXHIBIT 2
rintict] L1 INS URANCE
Bond No. 8001 613 23
Pov11er of Attorney
KNOW ALL MEN BY THESE PRES ENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with lrs prindp.al office f11 Plymoulh, Minnesota; does· hereby consLilute and appolnt: Ai1uro·A)'al9:; Daniel 1-luckabay,: Frank Morones, Shaunna·RozellC-Ostrom.; Btu· Stong-; Midtael'D·Stong,:

Benjamin Wolfe, Chelsea Liberatore, Adrian Langrell, each individually if there be. more than one named, its true and lawful Auorney-in-filct, to make, execute, seal and deliver, for and on iLs behalf as surely, any and all bonds, recognizances, contrncts of indemnily, and a1l olher writings obUgaLory in the naLure thereof; provided Lhat no bond or undertaking executed Under this authority shall exceed inamount1he sum ofi unlimited tind· the-execution of Such bond.-., rccognf7.ances,. contracts of indemnity;-and all other writings obJigatoly .in the nature thereof in pursuance of these presents, shall be as binding upon sald Company as if they had been fully signed by an authorized officer of the Company and scaled with the Company seal. 111is Power of Attorney is m.ide and executed by authority of the following resolulions adopted by 1he Board of Direl'iors of A TI,ANTIC SPECIAL TY-INSURANCE COMPAN:Y- on the twenty-fifth day of Septemberi 2012:

Resolved: That the President, any Senior Vice President or Vice-President {each an "Authorized Officer•') may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligalOry in the nature thereof, and affix the seal of the Company thereto; and that the Allth0riZed Officer may appoint and ·authorize an Attomey-in-FB.cl to execute on behalf of the Company any and an sucti ilistruments and to affiX tli"e-Company seal thereto; and that dte Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in,,.

Fact.

Resolved: That the Attorney-in-Fact may be given full power and authority to execute for anti in the name and on behalf of tbe Company any and all bond.<;, recogni1.ances, contracts of indemnily, and all other writings obligatory in the- nature thereof, and any such instrument exec.med by any such AUorney-in-Fact sllall he as 'binding upon the Compan)" as if signed and st.••tled-by an Authorized Officer:and,- further, the Attomcy.-in-Fact is hereby.authorized to verify-any-affidavit required to ·be attached to bonds, recognizances, contracts of indemnity, and alt otber writings obligatory in the nature thereof.

This power of attorney is signed and sealed by facsimile under 1he aulhoriLy of the following Resolution adopted by the Board of Directors o! ATLANTIC SPECIAL TY INSURANCE COMPANY on the twenty-fifth day of September, 2012:

Resolved:- TI1at the signature of-an Authori.7.ed Officer;·the signature ohhe Secretary or the Assistant Secretary, mid·dte Company seal may·b'e affixed by facsimile to any power of attomey or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only o( executing and sealing any bond, unde11aking, recognizance or olber wriuen obligation Jn the nature thereof, and imy such signa111re and seal where so used, being hereby adoplerl by lhe Company as the orlginal signature of such officer and the original seal of the Company-, robe va1id and binding upon !he Company with the.�ame force ,md'cffcct as t110ug11 manuaUy affixet1.
lN WITNESS WHEltEOF, ATLANTIC SPECIJ\l,TY INSU RANCE COMPANY has caused these presents to be s.igned by an Authori7.ed Officer and the seal of the Company to he affixed this first day of January, 2023.
- - -----------

STATE OF MINNESOTA

HENNEPIN COUNTY
By
Sarah A. Kolar, Vice President and Genernl Counsel
On this first day of January, 2023, before me personally came Sarah A. Ko Jar, Vice President and Gener<d Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known Lo be 1he individual and officer described in and who executed the preceding instrument, and she acknowledged lhe exeeulion of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and tha.t the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was dnly affixed and subscrfued to the said instrument by the authority and ant1e direction ofthe.Compauy. ·e AUSON DWAl+IIASH-TROOT '
• . -, NOTARYPUBLlC•MINNESOTA·•. �
• ·t,1v.commlHlou£xplres ••
January M, 2025 Notary Public

1. the undel'Signed, Secretary of ATJ;ANTIC SPECIALTY JNSURANCF. COMPANY, a New York Corporation, do hereby certify that 111c foregoing powcr·of attorney is in full force and has
not been revoked, and the resolutions set forth above are now in fol'cc-.

Signed and sealed. Dated 8th. day.of November , 2-023 .

I
This Power of Attorney expires
IJanuary 31 ; 2025
Please direct ·bond vcrificatioris to·Surpty@)intactinsnrann,.mm Kara LR, Barrow, Secretary

EXHIBIT 2
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
J 11am 13D@f3§0:I 1:1 !Hit! II 1:1 S:t@CO:ffl !0:1!11:JS:a ea Et 6160{:J 000008080000UiU)9601800961081 BB El I 010601 81 !:I 63tfl2%10'?C7Y00006 0::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 Stanislaus }
on November 13, 2023 before me, Annette M Kinsfater, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Rodolfo Ruvalcaba
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. eeeeeeooeo�, ANNETTE M. KIHSFATER
' Notary Public • California :

Merced County ! f Commission If 2460852
,. My Comm. Expires Aug 25, 2027
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
�Uffi0:1t��

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: Bond for Faithful Performance Document Date: _1�1�-�8�-2=0=2=3� ________________ Number of Pages: _4 ___ _ Signer(s) Other Than Named Above: _N_0_0_th_e_r _si_gn_ e_ rs __________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: _R_od_ o_lf_o _R_u_va_lc_ a _b_a ______ _ � Corporate Officer - Title(s):P_re_s_id _e_nt _____
□ Partner - □ Limited □. General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conserv ator
□ Other:

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

Signer is Representing: _________ _
01 com u 100008880:0:BBBO o o c @e:o e o@oo�e:r:s��@aeoma� ©2019 National Notary Association

EXHIBIT 2

THE FINALPREMIUM IS
P�ICATED·ON THE

FINAL CONTRACT AMOUNT

BONDFORLABOR AND MATERIAL
KNOW AU. MENBYTHESE PRESENTS:

Bond No. 800161323
That we,. UNJifED. RAVsEMENJ: ;MAfNJ'J:NANCE •.. JNC., .. a.

CALIFORNIA CORPORATION, as Principal and Atlantic Specialty Insurance Company. corporation, organized and existing under the raws of the State of New York and dufy authorized,to transactbusiness;under the"laws,of: the:Stateof 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 taws of the State of California, and unto any and alt material suppliers; persons, companies, or corporations, fUmishin1r materials; provisions, 11rovender 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 machinef¥, 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 dlaims ihave not been 1paid iby the contractor, colTij)any or corporation in tile Just and, full, sum of SEVEN. HUNQ.RED FOUR "FMOU&ANQ, "FINO· HUNDRE!il NINE:1¥­ EIGHT AND 00/100 DOLLARS ($704,298.00) in lawful money of the United States of America (being 100% of the contract prtce)forthe payment Whereof well and truly to be made· ttr said" CHY and to said" person& jointly· and· severally; tne safcl' priocipaP' and! Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing ob!lgations is such that me 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
LOCALSlBEE1' RESURFeAC!NG.�R0GRAM:r¥ 2023'-24,SS:1-MU .. LAND

OVERLAY MOJECT
(PROJECT NO. WD2400.3)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Co.rporation or,its subcontractor, failtopay for all mal:erlals, ,provisions; provender, or other suppJies, or teams,. used. in, upon, for OJ'. about the. performance of the. work

EXHIBIT 2
contracted tu -be done,. or for any work or labor done thereon of any kind,. the Surety on this bond wil1 pay the same, in an amount not exceeding the sum specified in this bond, provided that any and aK claims
hereunder sharl be flied and proceedings had in
connection therewith as required- ·by the ;provisions- of OMsion 3, Part 4, TjtJe- 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 shaU be awarded by the Court to the -prevaiting·;party·m said suit; said attomey's·fee-tobefixedaacosts·insaid suit; and to be-­ included in the judgment therein rendered.

No prepayment or detay r.n payment and no change, extension, addition or alteration of any :provjsion of said contract or in said· .plans or speciflcations agreed to between the said CONTRACTOR and the said ClTY and no forbearance on the part of the said CITY shafl 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. hereb.y given, and the said sureties hereby waive the. provjsions of Sections- 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on __:.N.:.:o:.:.ve:::.:.m:.::b::.::e::...r .::81::.:.h t..::2:.::.02:::3==--________ __...

APPROVED AS TO SURETY:

APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION
OFflCE-OF THE CHY ATifURNEY
By:---------­

DEPUTY CITY ATTORNEY
United Pavement Maintenance, Inc.

By: t:.f v v.Lc.,._L.._ / Pre&; d.erd---
P8INCtPAt r (J l b R- 0 c!, ., I r-o r----1,,.) v a (..I). q Atlantic Specialty Insurance Company
SURETY

EXHIBIT 2

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

State of California
County of Sacramento )
On ___ t-'-t'-'-/-08=/=20=2=3'------ before me, ---'C'-'--he=ls�ea�L=ibe�ra=to=re�, N""'"o"'"'ta=--ry--'P--'u'""b'"""Bc_,__ ____ _ (insert name and title of the officer)
personally appeared Benjamin Wolfe
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 iAstrument. i 'certify under PENALTY OF· PERJURY,underthe�laws oHhe State of" Ca1ifomia ,·that"the7foregoing paragraph is true and correct.

WITNESS my hand and official seal.
-
Signature -'----c""'h""'e""'lse:::.e""ae:::c:,,
1 ""ezra'-o-r-=e=-=--- (Seal)
CHELSEA LISEJUTORE Notary Public • Caltfornta Sacram�nto County I ,. ' Commission fl 2�570 ..

My Comm. Expires Apr 17, 2027

EXHIBIT 2
U., ·+ri tJ lllutC
INSURANCI!
Bond '!'so. 800161323
Power of Attorney
KNOW ALL MEN BY THESE PRESl::N'fS, thdt ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Arturo Ayala, Daniel Huckabay, Frank Morones, Shaunna Rozelle Ostrom, Beti Stong, Michael D Stong, Benjamin Wolfe, Chelsea Liberatore, Adrian Langrell, each individuaUy if there be more than one named, its irue and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or unde11aking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and aU other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sraled "ith the Company seal. This Power of Auorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIAL TY INSURANCE COMPANY on the twenty-fifth day of September, 2012:

Resolved: That the President, any Senior Vice President nr Vice-President (each an "Authorized Officer'') may exerure tor and in hehalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix lhe seal of the Company thereto; and that the Authorized Officer may <IJ)point and authorize an Altomey-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at aay time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attomey-in­ Fac1.

Resolved: Thal the Attorney-in-Fact may be given full power and authority to execute for am! in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Auomey-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Offic.er and, further, the Attomey,in-Fact is hereby authotized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writing.� obligatory in the nature thereof.

This power of auomey is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board or Directors of ATLANTIC SPECIAL TY INSURANCE COMPANY on thc:- twenty-fifth day of Septc>mbc>r, 2012:

Resolved: That the signature of an Authorized Officer, the signature ohhe Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-1-'act for purposes only of executing and sealing any bond, UJ1der1aking, recogniwnce or other wriuen obligation in the nature thereol, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the �amc force and effect as though manually affixed.

IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these> presents to be signed by an Authori1.cd Officer and the seal of tbe Company to be affixed this first day of January, 2023.

STATE Of MINNESOTA

HENNEPIN COUNTY
By
Sarah A. Kolar, Vice President and General Counsel
On this fir.;t day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known 10 be the individual and officer described in and who executed the preceding inslfUment, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signatute as �-uch officer was duly affixed and subscribed to the said instrumern by the authority and at the direction of the C..ompany.

ALISON DWAN NASM-TROOT
NOTARY PUBLIC· MIKNESOTA
My.CommlsstonExptres·
January 31, 2025 Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a Nt'w York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions sci forth above are now in force.

Signed and sealed. Dated 8th day of Novembet" , 2023 .

This Power ol Auomey expires
January 31, 2025
Please direct bond verifications to sun•ty@intactjnsur;mcc com Kara L.B. Barrow, Secretary

EXHIBIT 2
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
:16:1t:11000! 5 � �09UEOOOOOOOf936$t09610GC:I� fltllr060.1@8:! �Ul&UOOBU}OO [1()0§:(fflffllffflfl 88 HI 10 001 e:lffi?o/tZ9J«OO D 5:00 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 Stanislaus }
on November 13, 2023 before me, Annette M Kinsfater, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Rodolfo Ruvalcaba
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. ········�ANNITTE M. KINSFATER
Notary Public • California z
Merced County �
Commission# 2460852 -
y Comm. Expires Aug 25, 2027
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.

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: Bond for Labor and Material
Document Date: _1.,_1.,_-..,.8c..,-2""0,,_,2....,3"--________________ Number of Pages: _4 ___ _ Signer(s) Other Than Named Above: _N_0_0_1h_e_r s_ig_ n_e_rs __________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Na me: _R_od_ o_lf_o_R _u_va_lc_a_b_a ______ _ ]:ii( Corporate Officer - Title(s):P_re_s _id _e_nt ____ _ □ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conserv ator
□ Other:

Signer is Representing: _________ _
©2019 National Nota ry Association
Signer's Name: ____________ _
□ Corporate Officer - Title(s): ______ _
□ Partner - □ Limited □ General
□ Individ ual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:

Signer is Representing: _________ _

EXHIBIT 2
City of Stockton
Legislation Text
File #: 23-1147, Version: 1

APPROVE A MOTION AND RATIFY THE EMERGENCY PURCHASE OF POLICE AND FIRE

DEPARTMENTS VEHICLES

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

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

2. Approve findings and ratify the City Manager’s approval to execute an emergency Purchase Order to Michael Hohl Motor Company, Carson City, NV, in the amount of $234,362.72, for the purchase of four 2023 Chevrolet Tahoes 4WD PPV for the Police Department K-9 Division.

3. Approve findings and ratify the City Manager’s approval to execute an emergency Purchase Order to Phil Long Ford of Denver LLC, Denver, CO, in the amount of $194,240, for the purchase of four 2022 Ford Utility SSV Expeditions 4WD for the Police and Fire Departments.

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
On May 1, 2023, the City Manager approved a Single Available Source procurement for the purchase of four 2023 Chevrolet Tahoes 4WD PPV that will replace four K-9 vehicles for the Police Department’s K-9 Division, and four 2022 Ford Utility SSV Expeditions 4WD to replace two Watch Commander vehicles for the Police Department and two Battalion Chief vehicles for the Fire Department. Public Works’ staff located four in stock PPV Tahoe units at Michael Hohl Motor Company, Carson City, NV, and four SSV Expedition units at Phil Long Ford of Denver LLC, Denver, CO, available for purchase with an estimated delivery date of May 2023. A time-sensitive Purchase Order (PO) was required to hold and secure the procurement of the units.

It is recommended that Council approve a motion ratifying the City Manager approval to execute an emergency PO with Michael Hohl Motor Company, in the amount of $234,362.72, for the Single Available Source procurement purchase of four 2023 Chevrolet Tahoes 4WD PPV (Attachment A), and execute an emergency PO with Phil Long Ford of Denver LLC, in the amount of $194,240, for the Single Available Source procurement purchase of four 2022 Ford Utility SSV Expeditions 4WD (Attachment B).

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DISCUSSION
Background
The City’s replacement criteria for police interceptors and other marked patrol vehicles, based on industry standards for performance and efficiency, is six years or 100,000 miles. Adherence to this standard replaces equipment before routine failures and breakdowns are experienced, reducing demand for extensive mechanical repairs. The replacement standard increases the resources available for preventative maintenance and is critical to the availability and performance of all public safety and emergency response vehicles. Fleet staff identified eight vehicles in the Police and Fire Departments that exceeded the age and/or mileage criteria.

In 2022, a PO was approved for the purchase of four 2022 Chevrolet Tahoe Sport Utility Vehicles (SUVs). The vendor later canceled the PO due to supply chain issues.

Public Works sought multiple resources to acquire the needed replacement units. Quotes were solicited multiple times between July 2022 through March 2023. One vendor, Michael Hohl Motor Company, Carson City, NV, was responsive and had the Chevrolet Tahoes available. On May 1, 2023, an emergency Single Available Source procurement was approved to issue an emergency PO to Michael Hohl Motor Company, Carson City, NV, in the amount of $234,362.72, for the purchase of four 2023 Chevrolet Tahoes 4WD PPV (Attachment A).

The Police and Fire Departments had two Watch Commander units and two Battalion Chief units, respectively, that required replacement. Quotes for the replacement of units were solicited on November 9, 2022, for Hybrid Sedans, Midsize SUVs, and Police Rated SUVs, Project No.OM-23- 054, with no bids submitted. Vendors declined to participate in procurement solicitations because they could not commit to supplying the requested vehicles.

Public Works sought multiple resources to acquire the needed replacement units. Phil Long Ford of Denver LLC, Denver, CO, had the Ford Utility SSV Expeditions 4WD available. On May 1, 2023, an emergency Single Available Source procurement was approved to issue an emergency PO to Phil Long Ford, Denver, CO, in the amount of $194,240 (Attachment B).

Present Situation
On May 1, 2023, the City Manager approved the Single Available Source procurement to issue an emergency PO to Michael Hohl Motor Company, in the amount of $234,362.72, for the purchase of four 2023 Chevrolet Tahoes 4WD PPV, and to issue an emergency PO to Phil Long Ford in the amount of $194,240, not including applicable sales tax or other required fees, for the purchase of four 2022 Ford Utility SSV Expeditions 4WD.

The City received delivery of all eight vehicles in October 2023 and is currently preparing for the upfit and release of these units to the Police and Fire Departments.

The emergency POs were processed in accordance with the provisions of Stockton Municipal Code (SMC) section 3.68.070, which provides an exception to the competitive bidding process under certain circumstances, including cases of emergencies. SMC section 3.68.070 requires that a written City of Stockton Printed on 1/4/2024Page 2 of 3
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report, including findings upon which the emergency was based, be provided to the City Council no later than its next regularly scheduled Council meeting.

It is recommended that Council approve a motion ratifying the expenditure of $234,362.72 to Michael Hohl Motor Company and the expenditure of $194,240 to Phil Long Ford for the emergency purchase of police and fire department vehicles and approve the appropriate findings which support an exception to the competitive bidding process.

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

1. All of the identified vehicles have surpassed the replacement life-cycle timeline by more than six years and utilization of over 100,000 miles. The K-9 vehicles were scheduled for replacement in Fiscal Year 2022-23.

2. PO No. 200403, issued for the four 2022 Chevrolet Tahoe SUV units, was canceled by the supplier with no anticipated reorder date available. Fleet sought out multiple resources and found one vendor who had a supply of this vehicle available.

3. Bid solicitation in November 2022, Project No. OM-23-054, for the purchase of four Ford Expedition units rendered no responses for the production of the required vehicle. Fleet sought out multiple resources and found one vendor who had a supply of this vehicle available.

4. Other agencies were competing to secure the same vehicles, and any delay would have resulted in the City not being able to readily find the needed replacements.

FINANCIAL SUMMARY
There is sufficient funding in the Fleet Internal Service Fund, Equipment Acquisition Account, to purchase four 2023 Chevrolet Tahoe 4WD PPV units and two 2022 Ford Utility SSV Expedition 4WD units for the Police Department, and in Project No. WARP101, to fund the purchase of two 2022 Ford Utility SSV Expedition 4WD units for the Fire Department.

ACCOUNT NUMBER AMOUNT VENDOR
4530-718-800004-500-000-00-45-000-000 $234,362.72 Michael Hohl Motor Co. 4530-718-800004-500-000-00-45-000-000 $ 97,120.00 Phil Long Ford 0010-156-800004-280-282-30-00-000-000 $ 97,120.00 Phil Long Ford Attachment A - Approved Emergency PO - Michael Hohl Motor Company Attachment B - Approved Emergency PO - Phil Long Ford of Denver LLC City of Stockton Printed on 1/4/2024Page 3 of 3
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ATTACHMENT A

ATTACHMENT A

ATTACHMENT A

ATTACHMENT A

ATTACHMENT A

ATTACHMENT B

ATTACHMENT B
City of Stockton
Legislation Text
File #: 23-1156, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM FY 2022-23 SB1 - SLURRY SEAL PROJECT

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

1. Approve Notice of Exemption No. NOE30-23 under the California Environmental Quality Act for the Local Street Resurfacing Program FY 2022-23 SB1 - Slurry Seal, Project No.

WD23003.

2. Approve the plans and specifications for the Local Street Resurfacing Program FY 2022-23 SB1 - Slurry Seal, Project No. WD23003.

3. Appropriate $500,000 from the Gas Tax fund balance to the Local Street Resurfacing Program FY 2022-23 SB1 - Slurry Seal, Project No. WD23003.

4. Award a Construction Contract in the amount of $956,640 to Pavement Coatings Co. of Sacramento, CA, for the Local Street Resurfacing Program FY 2022-23 SB1 - Slurry Seal, Project No. WD23003.

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 apply a slurry seal resurfacing treatment to approximately 9 centerline miles of various residential and collector roadways citywide (Attachment A). Slurry Seal is a thin layer applied to an asphalt pavement surface to seal the surface and extend the roadway’s life expectancy. The project was included in the 2022-27 Five-Year Capital Improvement Plan (CIP).

On November 11, 2023, the City received six bids for this project. Staff recommends award of the Construction Contract to the lowest responsive bidder, Pavement Coatings Co., in the amount of $956,640. Staff also recommends that Council adopt a resolution approving Notice of Exemption No.

NOE30-23 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.

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DISCUSSION
Background
On April 28, 2017, the Governor signed Senate Bill 1 (SB1), known as the Road Repair and Accountability Act of 2017. SB1 funding provides for basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and road systems. The California Transportation Commission (CTC) is responsible for oversight of funding and/or programs created with the approval of SB1.

SB1 provides funding for the Road Maintenance and Rehabilitation Account (RMRA) Program. Other programs include the Local Partnership Program, the Active Transportation Program, State Highway Operation and Protection Program, and Local Streets and Roads Program. The RMRA funding is part of the City’s overall Gas Tax allocation; however, RMRA funds can only be expended on projects that meet eligibility criteria and have been approved by the CTC. RMRA funds are accounted for and reported separately from regular Gas Tax funds.

Approximately $7.3 million in SB1 RMRA Program funding was allocated to the City for Fiscal Year (FY) 2022-23 and approved by Council on June 14, 2022, by Resolution No. 2022-06-14-1214. The project list was subsequently approved by the CTC and provides for multiple resurfacing projects that may consist of slurry sealing, micro-surfacing, cape seal, and/or an asphalt overlay. These projects are all being delivered separately based on the type of resurfacing treatment. A cost-effective method of maintaining streets is to provide treatment for streets that are in fair to good condition.

The preservation of streets in these conditions is critical, as rehabilitation costs rise exponentially as pavement deteriorates.

The Local Street Resurfacing Program FY 2022-23 SB1 - Slurry Seal, Project No. WD23003, was included in the 2022-2027 Five-Year CIP. The project will apply a slurry seal resurfacing treatment to approximately 9 centerline miles of various residential and collector roadways citywide (Attachment A). The project includes removing and replacing pavement striping and legends, removing and replacing failed pavement areas, and applying slurry seal. Slurry seal is a mixture of water, asphalt emulsion, finely crushed rock, and additives applied in a thin layer to an asphalt pavement surface.

This treatment seals the surface and extends the roadway’s life expectancy at a very low cost.

The list of roads for this project was developed from the City of Stockton Pavement Management System. The system analyzes variables such as current pavement condition and projected traffic load to forecast how roadway segments will decline over time. The forecasts are used to evaluate the cost and benefits of repair options and identify the optimal pavement resurfacing plan. Roadways with a Pavement Condition Index (PCI) ranging between 65 and 80 are suitable for this treatment.

Slurry sealing the selected local roads is anticipated to extend their life span by a minimum of five years.

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 because the engineer’s estimate was under $1 million.

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Present Situation
On October 10, 2023, the Local Street Resurfacing Program FY 2022-23 SB1 - Slurry Seal, Project No. WD23003, was advertised for bids. On November 11, 2023, six bids were received with the following results:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
Pavement Coatings Co. $ 956,640 $ 956,640
(Sacramento, CA)
VSS International Systems, Inc. $ 996,325 $ 996,325
(West Sacramento, CA)
American Pavement Systems, Inc. $1,019,424 $1,019,424
(Modesto, CA)
Dryco Construction, Inc. $1,086,392 $1,086,392
(Sacramento, CA)
Northwest Paving, Inc. $1,089,370 $1,089,370
(Sacramento, CA)
Graham Contractors, Inc. $1,114,660 $1,114,660
(San Jose, CA)
Engineer’s Estimate $ 877,050
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order.

The bid from Pavement Coatings Co., the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to Pavement Coatings Co. of Sacramento, CA, in the amount of $956,640.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. As a result, the project has been granted a Categorical Exemption. 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. NOE30-23 under CEQA. Construction is anticipated to begin in spring 2024 and be completed by summer 2024, weather permitting.

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FINANCIAL SUMMARY
The current unencumbered balance in the Local Street Resurfacing Program FY 2022-23 SB1, Project No. WD23003, Account No. 4570-000-800007-300-000-30-45-000-000, is not sufficient to award a Construction Contract to Pavement Coatings Co. in the amount of $956,640.

The resolution includes appropriating $500,000 from the Gas Tax fund balance to the Local Street Resurfacing Program FY 2022-23 SB1, Project No. WD23003, Account No. 4570-000-800007-300- 000-30-45-000-000, to provide sufficient funding to award a Construction Contract to Pavement Coatings Co.

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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WATERLOO RD

FREMONT ST

MARIPOSA
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MAIN ST

THORNTON
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PARK ST

PACIFIC AV

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ROBERTS RD

EIGHTH ST

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LEGEND:

Slurry Seal
County Limits
0 0.6 1.2 1.8 2.40.3
Miles
LOCAL STREET RESURFACING PROGRAM FY 2022-23 SB1 -
SLURRY SEAL, PROJECT NO. WD23003

ATTACHMENT A
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AP PROVING THE NOTICE OF EXEMPTION NO. NOE 30-23,

APPROVING THE PLANS AND SPECIFICATIONS , AND AWARDING A

CONSTRUCTION CONTRACT FOR THE LOCAL STREET RESURFACING
PROGRAM FY 2022-23 SB1 – SLURRY SEAL, PROJECT NO. WD23003

On November 11, 2023, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Local Street Resurfacing Program FY 2022-23 SB1 – Slurry Seal, Project No. WD23003; and

The project will apply a slurry seal resurfacing treatment to approximately 9 centerline miles of various residential and collector roadways citywide; and

Pavement Coatings Co. is the lowest responsive bidder in the amount of $956,640, and its bid is regular in all respects; and

The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under s ection 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. NOE30-23 under the CEQA for the Local Street Resurfacing Program FY 2022-23 SB1 – Slurry Seal, Project No. WD23003, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the plans and specifications for the Local Street Resurfacing Program FY 2022-23 SB1 – Slurry Seal, Project No. WD23003.

3. The City Council approves the appropriation RMRA fund balance in the amount of $500,000 to the Local Street Resurfacing Program FY 2022- 23 SB1 – Slurry Seal, Project No. WD23003.

4. The City Council awards a Construction Contract between the City of Stockton and Pavement Coatings Co. in the amount of $956,640, 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.

//
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5. 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 January 9, 2024 .

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

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

CITY OF STOCKTON

NOTICE OF EXEMPTION
TO: CO
UNTY CLERK FROM: Lead Agency
COUN TY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Public Works Department Stockton, CA 95202 22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTI
CE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJ

ECT DATA
Project Title: Local Street Resurfacing Program FY22-23 SB1 – Slurry Sealing, Project No. WD23003 C
EQA Exemption File No.: NOE 30-23
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton’ s Public Works Depart ment w ill be slurr y sealing stre ets at various locations Citywide. See attachment A for more information.

DET

ERMINATION/FINDING OF EXEMPTION
The abov
e-described activit y/project i s exempt from the environmental as sessment requirements of the Ca lifornia 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 activit y is exempt under the "general rule" at CEQA Guidelines Section15061(B)(3).

The project is "Statutorily Exempt" per CEQA Guidelines Section: __________ X The project is "Categoricall y Exempt" per CEQA Guidelines Section 15301(c).

BASI

S FOR FINDING OF EXEMPTION
The activity does not qualify as a proj ect and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.

X 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, therefo re, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).

JODI
ALMASSY, DIRECTOR June 6, 2023

PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By
Thinh Phan, Project Manager (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________ AFF

IDAVIT OF FILING AND POSTING
I dec
lare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
_______________________
__________________
Posting Period Ending Date
EXHIBIT 1
Local Construction Contract – PAVEMENT COATINGS CO. – PROJECT NO. WD23003 (Updated 10/18/23)

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between PAVEMENT COATINGS CO., a STATE OF CALIFORNIA CORPORATION, with a business address at 2150 BELL AVENUE, SUITE 125, SACRAMENTO, CA 95838 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 LOCAL STREET RESURFACING PROGRAM FY 2022-23 6%– SLURRY SEAL (PROJECT NO. WD23003), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No . __________________, on _________________; and WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

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

CONTRACTOR agrees:

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

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $956,640.00, 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.

Pa
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EXHIBIT 
Local Construction Contract – PAVEMENT COATINGS CO. – PROJECT NO. WD23003 (Updated 10/18/23) Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

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

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

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

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

The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements.

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

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

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

Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnish ed 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.

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EXHIBIT 
Local Construction Contract – PAVEMENT COATINGS CO. – PROJECT NO. WD23003 (Updated 10/18/23)

4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

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

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

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 25 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 FOUR THOUSAND AND NO/100 DOLLARS ($4,000.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are Pa
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EXHIBIT 
Local Construction Contract – PAVEMENT COATINGS CO. – PROJECT NO. WD23003 (Updated 10/18/23) directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Di rector of Public Works, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.

If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.

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

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth Pa
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EXHIBIT 
Local Construction Contract – PAVEMENT COATINGS CO. – PROJECT NO. WD23003 (Updated 10/18/23) a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work. ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this Pa
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EXHIBIT 
Local Construction Contract – PAVEMENT COATINGS CO. – PROJECT NO. WD23003 (Updated 10/18/23) 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 prev ailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the co ntract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll record s must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessa ry for monitoring their compliance with section

3.68.095.
f. COMMUNITY WORKFORCE TRAINING AGREEMENT
Pursuant to the implementation of the Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of CWTA. For any project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and no separate compliance with Section 3.68.095 will be required of the Contractors/Employers working on the project (EXHIBIT D).

Pa
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EXHIBIT 
Local Construction Contract – PAVEMENT COATINGS CO. – PROJECT NO. WD23003 (Updated 10/18/23) g. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

CITY agrees:

8. COMPENSATION. To pay CONTRACTOR for the work herein contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.

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

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

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

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

Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed Pa
ge 7 of 54
EXHIBIT 


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