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EXHIBIT A
EXHIBIT
REV 2022-05-17
Exhibit B:
Insurance Requirements
(Slurry Seal WD23003C)
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 B
Pa
ge 11 of 54
EXHIBIT
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.
CClaims Made Policies (Professional & Pollution only)
EXHIBIT B
EXHIBIT
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.
UUmbrella 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 B
EXHIBIT
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.
VVerification 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
EXHIBIT B
Pa
ge 14 of 54
EXHIBIT
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.
SSpecial Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT B
Pa
ge 15 of 54
EXHIBIT
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BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That we, PAVEMENT COATINGS CO. , a STATE OF CALIFORNIA
CORPORATION, as Principal and
, a corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of NINE HUNDRED FIFTY-SIX THOUSAND SIX HUNDRED FORTY 00/100 DOLLARS ($956,640.00) , in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:
LOCAL STREET RESURFACING PROGRAM FY 2022-23 SB1 – SLURRY SEAL (PROJECT NO. WD23003)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the
EXHIBIT
provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on
APPROVED AS TO SURETY: By:
PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
ATTORNEY-IN-FACT
By:
DEPUTY CITY ATTORNEY
EXHIBIT
BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That we, PAVEMENT COATINGS CO. ,, a STATE OF CALIFORNIA CORPORATION, PARTNERSHIP, as Principal and ,
corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of NINE HUNDRED FIFTY-SIX THOUSAND SIX HUNDRED FORTY 00/100 DOLLARS ($956,640.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:
LOCAL STREET RESURFACING PROGRAM FY 2022-23 SB1 – SLURRY SEAL (PROJECT NO. WD23003)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on Pa
ge 53 of 54
EXHIBIT
this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on .
APPROVED AS TO SURETY: By:
PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
ATTORNEY-IN-FACT
By:
DEPUTY CITY ATTORNEY
EXHIBIT
City of Stockton
Legislation Text
File #: 23-1175, Version: 1
ADOPT A RESOLUTION APPROVING A GRANT TO DELTA COMMUNITY DEVELOPERS CORP.
FOR THE PROPERTY ACQUISITION AND DEVELOPMENT OF DANNY DRIVE SENIOR LIVING
PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving a $1,300,000 Community Development Block Grant (CDBG) grant to Delta Community Developers Corp. (DCDC) for the purpose of acquiring property located at 6303 and 6304 Danny Drive for development of the Danny Drive Senior Living affordable housing project;
2. Approving the allocation of 110-units of affordable housing for seniors, through the Danny Drive Senior Living project pursuant to Article XXXIV of the California Constitution; and
3. Authorizing the City Manager, or designee, to execute all documents and take all necessary and appropriate actions to carry out the purpose and intent of the resolution.
Summary
DCDC is proposing an affordable housing project for seniors in North Stockton. The project will be located at 6303 and 6304 Danny Drive (Attachment A - Vicinity Map and Attachment B - Aerial Map).
The acquisition of this property will be for the purpose of constructing permanent affordable housing that will be occupied by low-income senior households.
In response to a City of Stockton Notice of Funding Availability, DCDC has requested a grant of $1,300,000 from the City to be used for property acquisition.
In addition, due to the proposed public financing, the development of the project must be approved pursuant to Article XXXIV (34) of the California Constitution, which requires a local election to approve affordable housing projects. In 2010, local voters gave the City Council the authority to approve up to 500 units per year. The proposed units are within this limit.
DISCUSSION
Background
The City receives annual allocations of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) for the purpose of providing assistance City of Stockton Printed on 1/4/2024Page 1 of 3
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to low-income residents. CDBG funds are used for a wide variety of activities that benefit low-income residents, including but not limited to the provision of public services, property acquisition for affordable housing purposes, and economic development activities.
In October 2023, the City of Stockton Economic Development Department (EDD) released a Notice of Funding Availability (NOFA) announcing the availability of approximately $1,500,000 in funding from the CDBG for the purpose of property acquisition leading to the development of affordable housing.
EDD received three property acquisition proposals as follows: Danny Drive Senior Living from Delta Community Developers Corp. (DCDC), 322 N. California Street from Central Valley Low Income Housing Corporation and Housing Authority County of San Joaquin, and Orchard Pointe from Community Revitalization & Development Corporation.
In selection of the project, EDD considered several project proposal factors, including but not limited to timely response to the NOFA, responsiveness to project details as requested by EDD, project characteristics including project location, target population, and number of units to be developed as well as developer capacity, clear outline of financing plan, timely project completion, and consideration of certain CDBG limitations in relation to the project proposals. After careful review of the project proposals, EDD recommends supporting the Danny Drive Senior Living housing project proposed by Delta Community Developers Corp.
DCDC is the 501(c)(3) non-profit arm of the Housing Authority County of San Joaquin (HACSJ). They are governed by a seven-member Board of Commissioners and have a workforce of 75 employees and an operating budget that exceeds $80 million. The anticipated property acquisition closing date is March 31, 2024. Upon notification of an award of this funding, DCDC will be responsible for any environmental reviews as required by the City and funding source.
Nationwide, the number of seniors who are renters is expected to double between 2010 and 2030 from 25.8 million to 46 million. Census data reported in the 2021 American Community Survey for the City of Stockton reported 38,825 seniors aged 65 and older are living in Stockton. Of those, the average age is 72.6 years old, 40 percent are disabled, and 39 percent live alone. The City of Stockton Homeless Action Plan set a goal for increasing the rate of single people exiting homelessness and into permanent housing from 6 to 8 percent or an additional 58 adults in households without children.
Present Situation
The DCDC Danny Drive Senior Living housing project proposes to serve seniors aged 62 and over.
The project will serve low- and very low-income seniors with incomes no higher than 50 percent of San Joaquin County median income. HACSJ can provide rental assistance for all residents through rental subsidy from the U.S. Department of Housing and Urban Development’s Housing Choice Project Based Voucher (PBV) program. A subset of these units will be allocated for seniors who are at risk of homelessness. DCDC envisions building up to 110 affordable housing units in two phases, with two buildings on the property.
The proposed property is located at 6303 and 6304 Danny Drive (APN 094-370-09 and 094-370-27).
The property is 3.03 acres and zoned High Density Residential (HDR).
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File #: 23-1175, Version: 1
To assist with the project, DCDC is requesting a $1,300,000 grant from the City. If approved, City assistance will consist of a $1,300,000 grant of CDBG funds for property acquisition.
The DCDC financial plan is to seek out any and all eligible funding sources to fill the funding gap in financing and increase the projects competitiveness for 9% Tax Credits. Funding for consideration includes State of California Multifamily Housing Program (MHP), San Joaquin County Mental Health Services Act Funding, and Faircloth-to-RAD, among others. HACSJ will subsidize all of the affordable units with project-based vouchers to ensure that senior units remain affordable for the long term. This subsidy will also contribute to the competitiveness of applications for Low-Income Housing Tax Credits, which will be a necessary component of the capital stack required for this project. DCDC anticipates that the first 55-unit phase will cost approximately $29 million. Tax credit equity, permanent financing, and other grant/funding opportunities will create the necessary capital stack.
Based on a preliminary project timeline, the earliest construction can begin is March 2025. While property acquisition for the development of affordable housing is an eligible use of CDBG funds, HUD regulations require attainment of financing to supplement the City grant, and include having in place all funding sources sufficient to begin construction within 12 months of the date on the grant agreement and completing construction within 36 months of the date of the agreement. While there is some flexibility with these deadlines, the City will work with DCDC to do everything possible to ensure these deadlines are met.
Compliance with Article XXXIV
Article XXXIV of the California Constitution requires a local election to approve affordable housing projects when the majority of the units are financed in whole or in part by the local government. In November 2010, local voters gave the City Council the authority to approve the development of up to 500 publicly assisted low-income housing units each year for a ten-year period. The Council is being asked to allocate 110 of the authorized units to this project. The units being proposed by DCDC are within the limit approved by the voters.
FINANCIAL SUMMARY
The proposed resolution will have no financial impact on the General Fund or any other unrestricted fund. There is sufficient budget available in the CDBG fund to award the proposed grant.
Attachment A - Vicinity Map
Attachment B - Aerial Map
Attachment C - Conceptual Rendering
Attachment D - Conceptual Rendering
Attachment E - Conceptual Rendering
Attachment F - LOI
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ATTACHMENT A
6303 & 6304 Danny Drive
ATTACHMENT B
6303 & 6304 Danny Drive
ATTACHMENT C
ATTACHMENT D
ATTACHMENT E
ATTACHMENT F
DANNY DRIVE
SENIOR LIVING
CITY OF STOCKTON
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
REAL PROPERTY ACQUISTION NOTICE OF FUNDING
AVAILABILITY TO QUALIFIED NONPROFIT DEVELOPERS TO
SUPPORT AFFORDABLE HOUSING DEVELOPMENT
OCTOBER 19, 2023
ATTACHMENT F
Danny Drive Senior Living
Delta Community Developers Corp. (DCDC) is submitting this response to the City of Stockton’s Notice of Funding Availability released on October 18, 2023, announcing available CDBG funds for the purpose of property acquisition that will lead to the deve lopment of affordable housing. DCDC respectfully submits interest in $1.3 m illion in funding for the acquisition of 6303 and 6304 Danny Drive in Stockton.
Need for Senior Housing:
Nationwide, the number of seniors who are renters is expected to double between 2010 and 2030 from 25.8 million to 46 million. This sharp rise in senior citizens increases the urgency of developing affordable housing for seniors. Due to both population gr owth and soaring housing costs, the number of seniors over struggling to afford housing is growing.
Census data reported in the 2021 Amer ican Community Survey for the City of Stockton provides the following demographics for Stockton residents:
38,825 seniors aged 65 and older.
Average age – 72.6 years
12.3% of Stockton’s seniors are veterans.
40.3% are disabled.
39% of Stockton’s seniors live alone.
13% of Manteca’s seniors live below the poverty line. 61.2% of senior renters are rent bu rdened paying more than 30% of their income in rent.
30.5% of senior homeowners are ho using burdened paying more than 30% of their income in housing costs.
Average rent paid in 2021 was $1,034 per month.
Stockton had 15,823 residents betwee n the age of 60 and 64 years in 2021 further increasing the senior population in the coming years.
California is experiencing a statewide sh ortage of affordable senior housing.
There are few, if any, affordable ho using options to choose from for low- income seniors. Researchers and affordable housing advocates say the gap between older adults’ fixed incomes and skyrocketing rents will likely grow, making the severe problem for seniors even worse making this population as risk for homelessness.
ATTACHMENT F
The City of Stockton Homeless Action Pl an set a goal for increasing the rate of single people exiting homelessness and into permanent housing from 6 to 8% or an additional 58 adults in hous eholds without children. This project will contribute to achieving that go al and preventing this vulnerable population from entering homelessness.
Eligible Uses, Property Type, URA Requirements and Appraisals:
6303 and 6304 Danny Drive is located with in the City of Stockton. The acquisition of this property will be for the purpose of constructing permanent affordable housing that will be occu pied by low- and moderate-income households. We propose to serve seniors with incomes at or below 50% AMI. The land is currently two va cant parcel and will not require any relocation. DCDC will obtain an apprai sal establishing the estimate of the property’s fair market value in accordance with 49 CFR 24.103 before closing escrow and will be submitted to the Ci ty for review and approval prior to acquisition.
Contact Information:
CDBG Real Property Acquisition Program form (see attached) o Additional Contact Information:
Development Partner:
DFA Development LLC
119 E. Weber Ave.
Stockton, CA 95202
Primary Contact: Danny Fred
[email protected]
(415) 595-4547
www.3leafholdings.com/dfa-development
Architectural Team
Artifex West Studio
2400 Kettner Blvd. #206
San Diego, CA 92101
Primary Contact: Charlie Linch, Principal
[email protected]
(760) 470-5295
www.artifexwest.com
Project Engineers
Dillon & Murphy Engineering
ATTACHMENT F
847 N. Cluff Ave., Suite A2
Lodi, CA 95240
Primary Contact: Joe Murphy
[email protected]
(209) 334-6613
www.dillonandmurphy.com
Experience and Capacity:
Development team and their roles:
Peter W. Ragsdale – HACSJ and DCDC Executive Director
Gerald “Chip” Jones – HACSJ Deputy Director
Melinda G. Hazard – HACSJ Director of Finance
Enrique Lopez – HACSJ Director of Construction Management Joshua Church – HACSJ Construction Project Manager
Jessica Quan– HACSJ Director of Occupancy and Housing Compliance Doi Do- HACSJ Director of Business Services
Tom Gerber – HACSJ Director of Administration and Public Housing Jennifer Magud – HACSJ Assistant Director of Development William Obra – HACSJ Comptroller
Usama Zuliqar – HACSJ Accountant II
Joshua Church- HACSJ Construction Project Manager
Michael Boettger – MLB Development and Construction LLC California Housing Partnership Corporation – financial consulting M. David Kroot – legal counsel with Goldfarb & Lipman LLP
DCDC is the 501(c)(3) non-profit inst rumentality of the Housing Authority County of San Joaquin (HACSJ). For over 82 years, the Housing Authority of the County of San Joaqui n (HACSJ) has provided and advocated for safe, affordable, and attractive living en vironments for low-income working families, elderly, and disabled resi dents of San Joaquin County. We are governed by a seven-member Board of Commissioners and have a dynamic workforce of 75 employees. This di verse and dedicated team blends innovation with decades of experience resulting in successful programs that continue to build a brighter future.
With a $80+ million operating budget resulting in significant economic benefit to our local economy, we cr eate and sustain vibrant communities, build superior affordable housing, and support the success of over 19,000 residents throughout San Joaquin County.
We own and/or manage:
ATTACHMENT F
• 986 public housing units
346 Low-Income Housing Tax Credit multi-family affordable units o Sierra Vista I – 115 family units
22 months (fire delayed construction)
Placed in Service October 8, 2019
LIHTC
HACSJ Public Housing Operat ing Fund Financing Program Loan
HACSJ Ground Lease
Housing Choice Project Based Voucher Contract for 83
units
31 Low Income Public Housing units
o Sierra Vista II – 100 family units
15 months (construction completed early)
Placed in Service June 12, 2020
LIHTC
HACSJ Public Housing Operat ing Fund Financing Program Loan
HACSJ Ground Lease
City of Stockton HOME Funds
Housing Choice Project Based Voucher Contract for 84
units
15 Low Income Public Housing units
o Medici Artist Lofts
20 months (PG&E delay)
Placed in Service December 31, 2019
LIHTC
City of Stockton HOME Funds
34 family units with PBV contract for 27 units
o Cottage Village – 48 units of senior housing with PBV contract 18 months construction
Placed in Service December 1, 2019
LIHTC
HACSJ Loan
HACSJ Ground Lease
City of Manteca Deferred Loan
San Joaquin Count
y HOME Loan
City of Stockton HOME Funds
Housing Choice Project Based Voucher Contract
o Victory Gardens - 49 units of pe rmanent supportive housing for homeless veterans
18 months of construction
Placed in Service November 30, 2022
LIHTC
ATTACHMENT F
VHHP
San Joaquin County Ground Lease
San Joaquin County HOME Funds
Housing Choice Project Based Voucher Contract
o Sonora Square – 38 units of pe rmanent supportive housing for persons who are in need of me ntal health services and are experiencing homelessness.
18 months construction
Construction completion October 2023
Occupancy October-December 2023
LIHTC
NPLH
HACSJ Ground Lease
San Joaquin County MHSA
San Joaquin County PLHA
City of Stockton HOME
City of Stockton CDBG
City of Stockton PLHA
HUD Capital Projects Funding
o Calaveras Quarters – 68 units of permanent supportive housing for youth aging out of foster care and other homeless
individuals.
Adaptive reuse converting 121 room motel
18 months construction estimate
Currently under construction
Occupancy anticipated for spring 2024
State of California Project Homekey
City of Stockton match funds
o Park Center Apartments – 51 units of permanent supportive housing for San Joaquin County Behavioral Health clients. Adaptive reuse and new construction
18 months of construction
Received a LIHTC award in August 2023
Construction will begin in January 2024.
San Joaquin County MHSA and PLHA funding
City of Stockton HHAP2, HOME-ARP, and HOME funds.
Permanent Supportive Housing (non LIHTC projects)
o Crossway Residences - 39 u
nits of permanent supportive housing
for San Joaquin County Behavioral Health clients.
o Turnpike & Sutter Commons - 11 units of permanent housing for homeless individuals and families
Creekside South Apartments - 40 senior units with a HUD Section 8 Multi-Family Housing Assistant Payment (HAP) Contract
• 17 market rate housing units
ATTACHMENT F
• 31 year-round farm labor housing units
• 288 seasonal agricultural migrant housing units
• Allocation of 5,495 Housing Choice Vouchers (HCV) including:
o 259 HUD-VASH
o 232 EHV
o 74 FUP
o 133 Mainstream
HACSJ and its nonprofit instrumentality, Delta Community Developers Corp., a l s o h a v e m u l t i p l e p r o j e c t s i n p r e d e v e l o p m e n t t o t a l i n g m o r e t h a n f i v e hundred units of additional affordable housing.
HACSJ remains, over eighty years late r, committed to this community and the needs of low-income residents an d their upward mobility as quality affordable housing is a platform for success. The table below describes HACSJ and DCDC history of projects an d those in the development pipeline.
Information includes project name, lo cation, number of units, year funded, year completed, total project cost, so urces of funding, and the status of project.
Project Name Population Served Project Cost Sources of Financing Partnerships Status Sierra Vista Phase 1
Stockton
Family
115 units
$41,362,517 LIHTC, Public Housing
Funds, Permanent
Debt, HACSJ Vouchers
and LIPH ACC subsidy
Central California
Housing Corporation
(CCHC), HACSJ, DCDC,
R4, HUD, Wells Fargo
Construction
completed and
Tenants
occupying
Sierra Vista Phase 2
Stockton
Family
100 units
$44,153,406 LIHTC, Public Housing
Funds, City of Stockton
HOME funds,
Permanent Debt,
HACSJ Vouchers and
LIPH ACC subsidy
Central California
Housing Corporation
(CCHC), HACSJ, DCDC,
US Bank, HUD
Construction
completed and
Tenants
Occupying
Cottage Village
Manteca
Senior
48 units
$13,625,920 LIHTC, permanent
debt, and City of
Manteca and San
Joaquin County HOME
funds, HACSJ Vouchers
DFA Development,
HACSJ, DCDC, City of
Manteca, SJC County,
CREA, Rabobank
Construction
Completion and
Tenants
occupying
Medici Artist Lofts
Stockton
Family
34 units
$15,168,615 LIHTC, permanent
debt, and City of
Stockton funds, HACSJ
Vouchers
DFA Development,
HACSJ, DCDC, City of
Manteca, SJC County,
CREA, Rabobank
Construction
Completion and
Tenants
occupying
Crossway
Residences
Stockton
Special Needs
Supportive Housing
37 units
$6,415,411 SJC Behavioral Health
and HACSJ Vouchers
SJC Behavior Health,
HACSJ, DCDC
Construction
Completion and
Tenants
occupying
Housing First
Stockton
Special Needs
Supportive Housing
for Homeless
11 units
$4,975,535 SJC HEAP, City of
Stockton CDBG &
CHDO funds, HACSJ
Vouchers
STAND, CVLIHC,
Stockton Shelter for
the Homeless, DCDC,
HACSJ, San Joaquin
County, City of
Stockton
Construction
completed and
occupied in 2021
ATTACHMENT F
Sierra Vista Homes
Stockton
Family
394 units
$3,102,542 HUD ‐ Public Housing
and Bonds
HUD and HACSJ Completed 1952
& 1957
Conway Phase 1 &
2 Stockton
Family
436 units
$4,871,578 HUD ‐ Public Housing
and Bonds
HUD and HACSJ Completed 1958
& 1962
Buthmann ‐
Krafft* Tracy
20 Units Senior &
15 Family Units
$975,000 HUD ‐ Public Housing
and Bonds
HUD and HACSJ Completed 1975
Tracy Homes Tracy Family
120 units
$1,030,982 HUD ‐ Public Housing
and Bonds
HUD and HACSJ Completed 1952
& 1958
Burton* Tracy Family
40 units
$590,000 HUD ‐ Public Housing
and Bonds
HUD and HACSJ Completed 1963
Mokelumne Manor
Thornton
Family
50 units
$452,837 HUD ‐ Public Housing
and Bonds
HUD and HACSJ Completed 1957
Sartini Manor
Thornton
Farm Labor
31 units
$1,393,200 USDA ‐ Rural
Development
USDA and HACSJ Completed 1978
Mountain View
Pilot Stockton
Family
12 units
$3,600,000 HUD ‐ Public Housing HUD and HACSJ Completed 2015 American Street
Stockton
Family
4 units
$502,000 HACSJ funds DCDC Completed
Eighth Street
Stockton
Family
1 unit
$103,727 Acquired from City of
Stockton
HUD and HACSJ Completed
Mourfield Ave
Apartments
Stockton
Family
4 units
$252,528 Acquired in 1995
Constructed with SJC
HOME loan and CDBG
funding awarded for
rehabilitation work,
HACSJ Vouchers 2019
San Joaquin County,
HACSJ & DCDC
Completed
Washington Street
Apartments Lodi
Family
6 units
$355,000 Acquired and
rehabilitated with
conventional loan,
HACSJ Vouchers 2019
HUD and HACSJ Completed 2001
Central Ave Duplex
Lodi
Family
2 units
$240,000 Constructed with
conventional loan
HACSJ and DCDC Completed
2007
Rose Creek Lots
Stockton
$703,804 40 build ready lots Built first 10 single family homes in
2022‐2023.
Additional 14
under
construction in
2023
Victory Gardens Veterans Housing
49 units
$26,980,163 new construction‐
County CESH, HOME,
CDBG, HCD VVHP, Tax
Credits, HACSJ
Voucher&
DFA Development,
HACSJ, DCDC, SJC
County, CREA, US Bank
Completed 2022
Sonora Square Special Needs
37 units
$14,770,289 MHSA Funds, City of
Stockton CDBG, HACSJ
Vouchers, Tax Credits
HACSJ, SJCBHS and
DCDC, CRDC, and
Enterprise
Currently under
construction and
will be completed
in Fall 2023
Calaveras Quarters Homeless Youth
69 units
$30,350,000 HCD HomeKey, City of
Stockton ARPA Funds,
and HACSJ Vouchers
DCDC, HACSJ, Parents
By Choice, Aspiranet,
Mary Magdalene
Community Service,
Lutheran Social
Services of Northern
California, STAND,
CVLIHC, Children’s &
Home of Stockton
Currently under
construction and
will be completed
in early 2024
ATTACHMENT F
Park Center
Apartments
Special Needs
50 units
$31,251,342 MHSA, PLHA, ARPA,
HOME, HHAP,HOME
ARPA, and Tax Credits
HACSJ, SJCBHS and
DCDC, CRDC, and US
Bank
Construction
beginning in
January 2024
Creekside South
Apartments Lodi
Senior
40 units
$6,197,382 Multifamily section
HAP Contract, City
CDBG, HOME
HUD and DCDC Acquired in July
2020 In pre‐
development for
rehab
In collaboration with our partners , HACSJ serves its residents with employment and educational opportunities, referrals, utility assistance, and recreational opportunities for our yo uth. As steadfast stewards of the communities within San Joaquin County, we advocate every day on behalf of our residents to create opportunities for improved health, education, and life.
Proposed Project::
The parcels located at 6303 and 6304 Danny Drive in Stockton (APN 094- 370-09 and 094-370-09), will allow for th e development of 110-units of affordable housing for seniors, 62 and over. A subset of these units will be allocated for seniors who are at risk of homelessness. The property is 3.03 acres and zoned High Density Residential (HDR). At 3.03 acres we can develop up to 112 units on the parcels.
DCDC’s partner, DFA Development LLC has executed a Letter of Intent to Purchase (LOI) (see attached). The agreement allows the LOI to be transferred to DCDC. We anticipate closing on the purchase by March 31, 2024 after completing all due diligence. Upon notification of an award this funding, we will immediately begin th e Phase 1 and Phase 2 (if required) environmental reviews and well and NEPA.
PROJECT TIMELINE
Task Projected Completion Date
Executed LOI October 19, 2023
Letter submitted to City for CDBG
Acquisition NOFA
October 23, 2023
City Award of CDBG Acquisition January 31, 2024
Acquire the property March 31, 2024
Order Environmental Report April 1,2024
Start CDBG and NEPA Clearance April 1, 2024
Environmental Report May 1, 2024
CDBG and NEPA Clearance July 1, 2024
Apply for Tax Credits July 2024
Tax Credit award September 2024
ATTACHMENT F
Danny Drive Senior Living will provid e 100% percent affordable units and will include a mix of 1- and 2-bedroom units and feature a community room for social engagement. The project may be broken down into two phases as further evaluation of financing is flushed out.
The project will serve low and very lo w-income seniors with incomes no higher than 50% of San Joaquin Coun ty median income. HACSJ can provide rental assistance for all residents th rough rental subsidy from the U.S.
Department of Housing and Urban De velopment’s Housing Choice Project- Based Voucher (PBV) program. The income set-asides will be at 30%, 40% and 50% of annual area median income (AMI).
In addition to the deeply affordable income-based rents (seniors will pay no more than 30% of their income to wards rent), wrap-around supportive services including a community center with several amenities such as offices for supportive services, manager’s o ffice, laundry facility, multi-purpose room for events and classes, and comp uters for resident use will be made available.
The project will be built within the City of Stockton design guidelines and will meet all of the City’s requirements. All of the units will incorporate universal design elements, which include, but are no t limited to the following: no-step entries, minimum 34-inch doorways and passageways, accessible bathrooms with reinforced grab bars, hallway widths of at least 42-inches, and levered door handles and faucets. In addition, 5% of all first-floor units will be fully accessible and all adaptable for those individuals requiring adjustments in their units for ADA accessibility.
Within each unit, residents will directly benefit from standard features such as Energy Star® rated refrigerators and dishwashers, low flow toilets, sink disposals, ranges with ovens as well as generous counter, cabinets, and storage space throughout the unit. All aspects of building construction will comply with quality construction standards to ensure longevity and safety of these high-quality structures.
If awarded these funds, the financial plan is to seek out any and all eligible funding sources to fill the funding gap in financing and increase the projects competitiveness for 9% Tax Credits. Funding for consideration includes State of California Multifamily Housing Program (MHP), San Joaquin County Mental Construction Start March 2025
Construction Completion September 2026
ATTACHMENT F
Health Services Act Funding, Faircloth to RAD, and any other funding opportunities for affordable, senior or homeless permanent housing. HACSJ will subsidize all of the affordable units with project-based vouchers to ensure that senior units remain affordable for the long term with a 20-year value of over $15 million. This subsidy will also contribute to the competitiveness of applications for Low-Income Housing Tax Credits which will be a necessary component of the capital stack required for this project.
DCDC anticipates that the first 55-unit phase will cost approximately $29 million. Tax credit equity, permanent financing, and other grant/funding opportunities will create the necessary capital stack.
ATTACHMENT F
CDBG Real Propperty Acquisition Program
Nonprofit Housing Developers Company Information Sheet
Developer Information – Please Print
Company Name
Company Address
Company Website
City of Stockton Business
License Number
Federal Tax I.D. Number UEI Number
Email
Executive Director Information – Please Print
First Name Last Name
Email
Phone Number
Email Address
Project Manager Information (direct contact for day to day communications) – Please Print First Name Last Name
Email
Phone Number
Email Address
Proposed Property Information
Property Address
Parcel Square Footage Site Control
Property Sales Price
APN
AMI LEVELS
Building Square Footage
Current number of Units Planned Number
of Units
Target Population
68-0434502
Delta Community Developers Corp.
2575 Grand Canal Blvd. Ste 220
www. hacsj.org
[email protected]
Peter W. Ragsdale
[email protected]
(209) 460-5060
[email protected]
Jennifer Magud
[email protected]
(209) 460-5073
[email protected]
HYNJST7DM9Q8
64303
6303 and 6304 Danny Drive, Stockton, CA 95210
094-370-09 and 094-370-27
30%, 40% and 50% AMI
3.03 acres
Purchase and Sales
Agreement
0, currently vacant land 110 units in two Phases
Extremely low and low income seniors with a subset that are at risk of homelessness 2 buildings each approximately $35,370 square feet each
ATTACHMENT F
Imagery ©2023 Airbus, CNES / Airbus, Maxar Technologies, U.S. Geological Survey, Map data ©2023 50 ft 6303 Danny Dr
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6303 Danny Dr, Stockton, CA 95210
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ATTACHMENT F
ATTACHMENT F
ATTACHMENT F
ATTACHMENT F
ATTACHMENT F
ATTACHMENT F
ATTACHMENT F
Resolution No.
STOCKTON CITY COUNCIL
APPROVAL OF A LOAN TO DELTA COMMUNITY DEVELOPERS CORP FOR THE
PROPERTY ACQUISITION AND DEVELOPMENT OF DANNY DRIVE SENIOR LIVING
PROJECT
T
he Delta Community Developers Corp (DCDC) is requesting a loan in the amount of $1,300,000 Community Development Block Grant (CDBG) for the purpose of acquiring property located at 6303 and 6304 Danny Drive for development of the Danny Drive Senior Living affordable housing project. The project will consist of 110-units of affordable housing for seniors; and
T
he DCDC Danny Drive Senior Housing project proposes to serve seniors with incomes at or below 50% AMI. A subset of these units will be allocated for seniors who are at risk of homelessness. The property is 3.03 acres and zoned High Density Residential (HDR); and
A
rticle XXXIV of the California Constitution (“Article 34”) requires a local election by voters to approve a low -income housing project when financed in whole or in part by the federal government or a state public body or to which the federal government or a state public body extends assistance by supplying all or part of the labor by guaranteeing the payment of liens or otherwise; and
I
n the election in November 2010, voters gave the City Council authority to approve low-income housing projects and allocate up to 500 units per year for a ten- year period; now, therefore,
BE
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. A
pproving a $1,300,000 Community Development Block Grant (CDBG) grant to Delta Community Developers Corp. (DCDC) for the purpose of acquiring property located at 6303 and 6304 Danny Drive for development of the Danny Drive Senior Living affordable housing project.
2. A
pproving the allocation of 110- units of affordable housing for seniors, through the Danny Drive Senior Living project pursuant to Article XXXIV of the California Constitution.
//
3. The City Manager or designee is hereby authorized to take all necessary and appropriate actions to carry out the purpose and intent of this Resolution, including execution of a grant agreement and associated documents with DCDC.
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
GRANT TO DELTA COMMUNITY
DEVELOPERS CORP FOR THE
PROPERTY ACQUISITION AND
DEVELOPMENT OF DANNY
DRIVE SENIOR LIVING PROJECT
Stockton City Council
January 9, 2023
Agenda Item 15.1
BACKGROUND
In October 2023, the Economic Development
Department released a Notice of Funding Availability
(NOFA) announcing the availability of approximately $1.5 million in CDBG funding for the purpose of property
acquisition leading to the development of affordable
housing.
EDD received 3 proposals from Delta Community
Developers Corp (DCDC), Central Valley Low Income
Housing Corp (CVLIHC), and Community Revitalization &
Development Corp (CRDC)
Project Selection Considerations:
Timely response
Responsiveness to project details requests
Project characteristics including target population
Number of units to be developed
Developer experience/capacity
DANNY DRIVE
SENIOR LIVING
PROJECT
EDD recommendation:
Danny Drive Senior Living Project – Delta Community
Developers Corp (CDCD)
Location: 6303 and 6304 Danny Drive, Stockton CA
Property: 3.03 acres, zoned High Density Residential
(HDR).
Proposed project will consist of 110 affordable
housing units
Project to be developed in 2 phases
Project will serve seniors of ages 62 and over that are low and very low‐income with incomes no higher
than the 50% of San Joaquin County area median
income.
A subset of these units will be allocated for seniors who are at risk of homelessness.
City Assistance: CDBG Grant – $1,300,000 to be used
for property acquisition
PROPOSED RENDERING
FINANCIAL
PLAN
DCDC will seek funding sources to fill the gap in
financing and increase the project's competitiveness
for 9% Tax Credits.
DCDC will seek State of California Multifamily Housing Program (MHP), San Joaquin County Mental Health
Services Act Funding, and Faircloth‐to‐RAD, among
others.
Project Based Vouchers: HACSJ will subsidize the
affordable units with project‐based vouchers to
ensure that senior units remain affordable for the
long term.
The Project based voucher subsidy will make the
project competitive for Low‐Income Housing Tax
Credits.
ESTIMATED
PROJECT
SCHEDULE
February/March 2024: Environmental Review/Execute
Grant Agreement
March 2024: Project Acquisition/Close of Escrow
April 2024 –F e b r u a r y 2025: Project Design, City Approvals, Project Financing Packaging
March 2025: Estimated Construction Start
RECOMMENDATIONS
Recommend that the City Council adopt a resolution:
1. Approving a $1,300,000 Community Development
Block Grant (CDBG) grant to Delta Community
Developers Corp (DCDC) for the purpose of
acquiring property located at 6303 and 6304 Danny
Drive for development of the Danny Drive Senior
Living affordable housing project;
2. Approving the allocation of 110‐units of affordable
housing for seniors, through the Danny Drive Senior
Living project pursuant to Article XXXIV of the
California Constitution; and
3. Authorizing the City Manager, or designee, to
execute all documents and take all necessary and
appropriate actions to carry out the purpose and
intent of the resolution.
City of Stockton
Legislation Text
File #: 23-1154, Version: 2
ADOPT RESOLUTION TO AUTHORIZE THE PLAYGROUND EQUIPMENT REPLACEMENT -
SANDMAN PARK
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve Notice of Exemption No. NOE62-23 under the California Environmental Quality Act for the Playground Equipment Replacement - Sandman Park, Project No. WP22026.
2. Approve the plans and specifications for the Playground Equipment Replacement - Sandman Park, Project No. WP22026.
3. Award a Construction Contract in the amount of $395,405 to Yosso Group, Inc. dba Specified Play Equipment Co. of Burlingame, CA, to provide and install an all-accessible playground at Sandman Park.
4. 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 resolution.
Summary
On November 16, 2021, by Resolution No. 2021-11-16-1501, Council allocated funding for Council- prioritized projects, including $1 million to replace playgrounds at Brooking, Panella, Sandman, and Weber Parks.
On March 1, 2023, the City advertised a Request for Proposals (RFP) for Playground Equipment Replacement, Project No. WP22026. On March 22, 2023, five firms submitted proposals for this project. The Selection Committee evaluated the proposals and selected Yosso Group, Inc. dba Specified Play Equipment Co. (Yosso) of Burlingame, CA, for the all-accessible playground at Sandman Park (Attachment A).
It is recommended that Council adopt a resolution authorizing the City Manager to execute a Construction Contract to Yosso in the amount of $395,405 for the Playground Equipment Replacement, Project No. WP22026. It is also recommended that Council adopt a resolution approving the plans and specifications for the project.
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File #: 23-1154, Version: 2
DISCUSSION
Background
Public Works provides and maintains playground equipment at 59 park and open space locations.
Playground equipment at Sandman Park was removed after a 2020 playground assessment found it to be unsafe. Public Works has received multiple requests for an additional all-accessible playground to be built in Stockton. Currently, the only all-accessible playground in Stockton is located at Van Buskirk Park.
On November 16, 2021, by Resolution No. 2021-11-16-1501, Council allocated funding for Council- prioritized projects, including $1 million to replace playgrounds at Brooking, Panella, Sandman, and Weber Parks. On September 26, 2023, by Resolution No. 2023-09-26-1205, three of the four playground contracts were awarded. Award of the Sandman Park playground was delayed so that a public meeting could be held to discuss the playground designs for the all-accessible playground.
Present Situation
On March 1, 2023, the City advertised an RFP for Playground Equipment Replacement, Project No.
WP22026. On March 22, 2023, five proposals were received from the following firms:
· Dave Bang & Associates (Sacramento, CA)
· Miracle Construction Co., Inc. dba Miracle Playsystems (Alamo, CA) · Park Planet (Redding, CA)
· Ross Recreation (Santa Rosa, CA)
· Yosso Group, Inc. dba Specified Play Equipment Co. (Burlingame, CA) The Selection Committee, comprised of Public Works and Community Services staff, evaluated and ranked all proposals based on each playground’s overall play value, safety and accessibility, site compatibility, design functionality, quality of proposals, and timelines. Yosso received the highest ranking based on the noted criteria and was selected for this project.
On August 7, 2023, a community meeting was held at Seifert Community Center to review the proposed playground plans, which were met with overall approval by those in attendance. After the meeting, attendees provided minor changes to the design that could immediately be incorporated (Attachment B).
It is recommended that Council adopt a resolution authorizing the City Manager to execute a Construction Contract to Yosso in the amount of $395,405 to provide and install an all-accessible playground at Sandman Park.
Yosso will provide a turn-key project, including coordination of the demolition, delivery, and installation of the new playground equipment. Staff expects the project to begin and be completed in summer of 2024.
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File #: 23-1154, Version: 2
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
1. The City does not have staffing available to perform the design and installation of playgrounds.
2. Use of the RFP process is appropriate for this Construction Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide the highest quality turn-key service for the design, furnish of materials and installation of playground equipment, which is in the public interest.
3. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
FINANCIAL SUMMARY
There is sufficient funding available in the Playground Equipment Replacement, Project No.
WP22026, to award a Construction Contract to Yosso in the amount of $395,405.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - Vicinity Map
Attachment B - Sandman Park Design and Renderings
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ATTACHMENT A
VICINI TY MAP - Sandma n Park
Property Information
Property ID 08018018-13890
Location 8801 DON AV IRR
Owner
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.
Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.
Critical layout or measurement
activities should not be done using
this resource.
1" = 1819.7397368982136 ft
Sandman Park
Sandman Park
Design and Renderings
Design Details:
User Capacity: 268
Fully Accessible AND Inclusive. Ramped structure with continues opportunities to play (even on the ramps!).
Provides age appropriate yet enriching equipment for both ASTM/CPSC designated age groups. Speaks to physical, cognitive, proprioception, vestibular, auditory, tactile, and imaginative development.
Pour in place rubber is used to create full accessibility while containing costs to ensure children of ALL ages and ALL abilities are continually engaged, faced with graduated challenges, and excited to visit the park time and time again.
Wheelchair accessible elements like sensory rails, The one of a kind Innova Rocker, manipulative play elements, and the stability sanctuary are but a few of the truly fun elements awaiting park goers. Carries the longest and strongest (non-prorated) warranty which includes labor (See SPEC Guarantee) 30 ATTACHMENT B
31 ATTACHMENT B
+#(%$&#'
+ '#&32
ATTACHMENT B
33 ATTACHMENT B
34 ATTACHMENT B
35 ATTACHMENT B
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE62 -23,
APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A
CONSTRUCTION CONTRACT FOR THE PLAYGROUND EQUIPMENT
REPLACEMENT – SANDMAN PARK, PROJECT NO. WP22026
On March 1, 2023, the City advertised a Request for Proposals (RFP) for the Playground Equipment Replacement, Project No. WP22026. Five proposals were received; and
After review of the proposals, the Selection Committee selected Yosso Group, Inc. dba Specified Play Equipment Co. (Yosso) to provide and install an all -accessible playground at Sandman Park in the amount of $395,405; 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. NOE62-23 under the C alifornia Environmental Quality Act for the Playground Equipment Replacement – Sandman Park, Project No. WP22026, 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 Playground Equipment Replacement – Sandman Park, Project No. WP22026.
3. The City Council awards a Construction Contract between the City of Stockton and Yosso in the amount of $395,405, 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.
4. The City Council approves findings pursuant to S tockton Municipal Code (SMC) section 3.68.070 in support of an exception to the competitive bidding process.
These findings include:
a. The City does not have staffing available to perform the design and installation of playgrounds.
b. Use of the RFP process is appropriate for this Construction Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide the highest quality turn-key service for the design, furnish of materials and installation of playground equipment , which is in the public interest.
c. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
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
TO: COUNTY CLERK
COUNTY OF SAN JOAQUIN
44 N. San Joaquin St., Ste. 260
Stockton, CA 95202
CITY OF STOCKTON
NOTICE OF EXEMPTION
FROM: Lead Agency
City of Stockton
c/o Public Works Department
22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(8) AND CALIFORNIA CODE OF REGULATIONS TITLE 14 SECTION 15062
PROJECT DATA
Project Title: PLAYGROUND EQUIPMENT REPLACEMENT PROJECT NO. WP22026 CEQA Exemption File No.: NOE 62-23
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton's Public Works Department will be installing new playground equipment at Brooking Park (APN 102-32-037), Panella Park (APN 096-020-06); Weber Park (APN 137-215-01 ); and Sandman Park (APN 080-180-18). See attachment A for more information.
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The activity is not a "project" as defined in CEQA Guidelines Section 15378.
The activity is exempt under the "general rule" at CEQA Guidelines Section15061 (8)(3). _X_ The project is "Statutorily Exempt" per CEQA Guidelines Section: 15301 (d).
The project is "Categorically Exempt" per CEQA Guidelines Section 15332.
BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
__K_ The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
CHAD REED, INTERIM DIRECTOR
PUBLIC WORKS DEPARTMENT
By��
Susan Christy, Project Manager
November 30 2023
(DATE OF PREPARATION)
(DATE OF FINAL APPROVAL)
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(8). Said notice or list of notices will remain posted for 35 days from the filing date.
Signature Title
Posting Period Ending Date
EXHIBIT 1
CONSTRUCTION CONTRACT
This c ontract
is made and entered into on _____________, by and between YOSSO GROUP, INC. DBA SPECIFIED PARK EQUIPMENT COMPANY a STATE OF CALIFORNIA CORPORATION, with a business address at 121 INDUSTRIAL ROAD, SUITE 1, BELMONT, CA 94002 , hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY." W I T N E S S E T H:
WHEREAS,
plans and specifications for the construction of PLAYGROUNDS EQUIPMENT REPLACEMENT – SANDMAN PARK (PROJECT NO. WP 22026), hereinafter called “PROJECT,” were regularly adopt ed b y 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 SERVIC
ES. To do the work and furnis h 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. COMPENSATIO
N. To do and perform the work c ontemplated 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 $ 395,405.00 or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CON
TRACTOR shall not commence any work before
obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7- 1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016 , by Council Resolution No. 2016- 09-27, effective September 27, 2016.
EXHIBIT 2
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum i nsurance coverage requirements and/or limits shall be available to the Additional Insured.
Fur
thermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any i nsurance policy or proceeds available to the named Insured; whichever is greater.
The A
dditional 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 l
imits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess i nsurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self - insurance shall be called upon to protect it as a named insured.
All s
elf-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.
Pol
icies 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 CI
TY reserves the right to obtain a full certified copy of any i nsurance policy and endorsements.
Fai
lure to exercise this right shall not constitute a waiver of right to exercise later.
CONT
RACTOR 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.
CONT
RACTOR 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 EXHIBIT 2
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. 4 . INDEMNITY AND HOLD HARMLESS. With the exc eption that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California, Contractor shall indemnify, protect, defend with counsel approved by City and at Contractor’s sole cost and expense, and hold harmless the City of Stockton, its officers, officials, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, S tate, or municipal law or ordinance, or City Policy, by Contractor or Contractor’s officers, agents, employees, volunteers or subcontractors. Contractor shall not be obligated to indemnify or defend City for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the City. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of Contractor to City, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by Contractor under the law.
The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.
W
ith except
ion that this section shall in no event be construed to require indemnification, including the duty to defend, by Contractor to a greater extent than permitted under the public policy of the State of California, the parties agree that Contractor’s duty to defend City is immediate and arises upon the filing of any claim against the City for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by Contractor or Contractor’s officers, agents, employees, volunteers or subcontractors. Contractor’s duties and obligations to defend the City shall apply regardless of whether or not the issue of the City’s liability, breach of this Agreement, or other obligation or fault has been determined.
Contractor shall be immediately obligated to pay for City’s defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal.
At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the City, City will then reimburse Contractor for amounts paid in excess of Contractor’s proportionate share of EXHIBIT 2
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.
T
he City’s acceptance of the insurance certificates required under this Agreement does not relieve the CONTRACTOR from its obligation under this paragraph. The indemnification obligations of this section shall survive the termination of this agreement.
Any exceptions to this language may result in a proposal being deemed non-responsive.
CONTRACTOR/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.
T
he defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this agreement. If any section, subsection, sentence, clause or phrase of this indemnification is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this indemnification. 5 . STANDARD PLANS AND SPE CIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, b y Council Resolution No. 2016- 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
T
he 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 EXHIBIT 2
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 s hall be diligently prosecuted to completion before the expiration of 0 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of ZERO AND NO/100 DOLLARS ($0.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
I
t is further agr
eed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A
working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works , inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
I
f 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, EXHIBIT 2
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. TI
TLE VI
T
itle 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.
T
he City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DI
SCRIMINATION AND HARASSMENT POLICY
T
he City of Stockton has a Discrimination and Harassment Policy ( Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. L
ABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
Th
e 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. PR
EVAILING WAGE
EXHIBIT 2
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to e nsure that the prevailing wage rates of concern is current and paid to the employee.
i
. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii
. Should the CONTR
ACTOR 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 directl y 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 Cali fornia. 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.
EXHIBIT 2
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 CONTRAC
TOR 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 EMPL
OYMENT ORDINANCE
Pursuant to St
ockton Municipal Code Section 3.68.095 the CONTRACTOR
and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section
3.68.095.
f. SANCTIONS
Deliverables
must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
CITY agrees:
8. COMPENSATI
ON. To pay CONTRACT OR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefor e; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the EXHIBIT 2
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. Pur
sua nt to Section 22300 of the Public Contract Code,
CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of depos it.
CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10. CHANGE ORDERS . CITY
reser ves 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
wi
ll be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order wi ll not become effective until approved by the City Manager and/or the City Council.
Processing of c
hange orders shall be in accordance with Section 4- 1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4- 1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11. AUDITS. CITY res
erves 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.
CONTRACTO
R agr
ees 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.
EXHIBIT 2
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 under stood 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.
I
t is further underst
ood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.
I
N WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.
A
TTEST: CITY:
ELIZA R. GARZA
CITY CLERK
By:
By: HARRY BLACK
C ITY MANAGER
APPR
OVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
YOSSO GROUP, INC. DBA
SPECIFIED PLAY EQUIPMENT CO.
By:
D EPUTY CITY ATTORNEY
T ax Identification No.
38-3908721
EXHIBIT 2
Sandman Inclusive Park, Stockton Project NO.WP22026
Construction Line Item Descritpion Price
Demo
Removal of Exisiting play equipment not needed
$0
Demo Pull back and stockpile re‐usable wood fiber for re‐ use. $3,553
Security Provide Security Construction Fencing for duration of project. $2,727
Receive and Offload Provide tools and labor to receive, offload, and store equipment. $2,950 2023 Pricing
Site Work: ADA Provide materials and labor to construct ADA compliant concrete access ramp into playbox.
$5,900 Cost Discount Tax
9% Freight Total
Surfacing Provide Engineered wood fiber for playground use, compliant to ASTM,CPSC, and ADA requirements for
fall attenuation and access.
$9,275 $210,477 ‐$6,312 $18,375 $16,998 $239,538
Surfacing Provide labor and materials to provide pour in place pathways for enhansed accesibility. Not to exceed 570
SF. To include base, containment.
$39,045
Playground Equipment Installation
Provide tools and labor to install Burke
playground
equipment per plan to manufacturer specifications by
factory certified installer. Prevailing wages included.
Spoils removed from site.
$78,929
Project total (Construction + Equipment, Tax, Freight, Bonding) $395,405 Inspection
3rd Party CPSI Inspection at completion of project.
$1,600
Payment Performance Bond Payment and Performance Bond per instructions $11,889 Estimated Construction Total $143,978
Equipment Pricing
Design 137‐156838‐1 inclusive of
3 Benches, placement tbd
Date: 3.17.23 Sandman Inclusive Park Cost Estimate: Project NO.WP22026 Production Lead time Estimated at 10‐11 weeks if ordered in July 2023 Prevailing wages applied to all construction line items with certified payroll Colors TBD prior to order
• Includes Burke's "Generations" Warranty. The longest and strongest NON‐Prorated warranty in the play ground industry. • Includes Turnkey Guarnatee which covers labor associated with parts covered under manufacturers warranty for duration of warranty. • Permits, if required are the responsibility of the owner and are excluded from SPEC scope of work. • IF Payment and Performance Bonds are not required, please deduct bond line item amount from Project Total.
CSLB# 1050307
DIR# 1000064237
Estimated Schedule Based on July 17th 2023 Order
• Equipment Production: 10‐11 Weeks. ‐Estimated Delivery week of
10.9.23 • Demo and Site work: Estimated 1 week
• Installation of Equipment and Surfacing: 4 weeks
• Inspection: 1 day
• Estimated completion: Week of 11.20.23
EXHIBIT A
EXHIBIT 2
Exhibit B:
Insurance Requirements
(Installation of Four Playgrounds Project WP22026)
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 L
IMIT OF INSURANCE
Coverage shal
l be at least as broad as:
1. Commercial Ge
neral Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liabili
ty: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compens
ation 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 contra
ctor 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 Reten
tions
Self-insure
d 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 B
EXHIBIT 2
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 Stock
ton, 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 cl
aims 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 insur
ance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:
1. The retroa
ctive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
EXHIBIT 2
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 ser
vices involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
EXHIBIT B
EXHIBIT 2
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 .
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 Hol
der Address
The address fo
r mailing certificates, endorsements and notices shall be:
City of Stoc
kton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT B
EXHIBIT 2
Subject:
EXHIBIT C
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 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 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
Subject:
EXHIBIT C
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
Subject:
EXHIBIT C
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 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 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
Subject:
EXHIBIT C
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 rn 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
Subject:
EXHIBIT C
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
Subject:
EXHIBIT C
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 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 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
Subject:
EXHIBIT C
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 Subiected 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
Subject:
EXHIBIT C
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
Subject:
EXHIBIT C
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/112015 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
Subject:
8. EXHIBIT C
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 m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassmenl 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
Subject:
EXHIBIT C
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 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 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
Subject:
EXHIBIT C
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. 2.
Un sustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).
Unfounded: The investigation proved that the act(s) or omission(s) EXHIBIT 2
Subject:
EXHIBIT C
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.13 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 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.
3. 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:
��SON
CITY MANAGER
::ODMAIGRPWISEICOS.PER.PER_Library:96180.1
EXHIBIT 2
Bond Number: 18L006125
Premium: $ 12,838.00
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That we, YOSSO GROUP INC., DBA SPECIFIED PLAY EQUIPMENT CO., a (STATE OF CALIFORNIA CORPORATION), as PrincipalDQG
The Ohio Casualty Insurance Company, D corporation, organized and existing under the laws of the State of New Hampshire and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of THREE HUNDRED NINETY-FIVE THOUSAND FOUR HUNDRED FIVE AND 00/100 DOLLARS ($395,405.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:
PLAYGROUND EQUIPMENT REPLACEMENT - PANELLA AND SANDMAN
PARK
(PROJECT NO. WP22026)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect. '
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond,
EXHIBIT 2
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 November IS, 2023 ---------------- APPROVED AS TO SURETY:
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By: ________ _
DEPUTY CITY ATTORNEY
By: ��s:==
Yosso Gr
�:
, dba Specified Play Equipment Co.
RINCIAAL
The Ohio Casualty Insurance Company
SURETY
B��
TTORNEY-1 N-FACT
Sylvia McGovern, Attorney-in-Fact
EXHIBIT 2
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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 ___ S:..._a_n_M_a_te_o _______ _
0 November 15, 2023 b f Julie C. Pace, Notary Public n -------�---- e ore me,-----------�---------- Date Here Insert Name and Title of the Officer
personally appeared _______ S�y_lv_i_a_M_c_G_o_v_e_m _________________ _ 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.
IULII C. PAC£
COMM. #2445833 z
Notary Public • California �
San Mateo County �
Comm. ires Ma 2, 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 ---t--,-------------,
Completing this information can deter alteratio
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: _______________ ________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _
□ Corporate Officer - Title(s): ______ _
□ Partner - □ Limited o General
D Individual l!{) Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:
Signer is Representing: _________ _
©2019 National Notary Association
Signer's Name: ___________ _
□ Corporate Officer - Title(s): ______ _
□ Partner - □ Limited o General
□ Individual o Attorney in Fact
□ Trustee o Guardian or Conservator
□ Other:
Signer is Representing: _________ _
EXHIBIT 2
Bond Number: 18L006125
Premium: Included
BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That we, YOSSO GROUP INC., DBA SPECIFIED PLAY EQUIPMENT CO. a (STATE OF CALIFORNIA CORPORATION), as Principal and The Ohio Casualty Insurance Company, corporation, organized and existing under the laws of the State of New Hampshire
and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of THREE HUNDRED NINETY-FIVE THOUSAND FOUR HUNDRED FIVE AND 00/100 DOLLARS ($395,405.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said City and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:
PLAYGROUND EQUIPMENT REPLACEMENT - PANELLA AND SANDMAN PARK (PROJECT NO. WP22026)
NOW, THEREFORE, if the above boun
den Principal, CONTRACTOR, Company
or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or tea)lls, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on
EXHIBIT 2
this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on November 15, 2023 -------------------- APPROVED AS TO SURETY:
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:---------
DEPUTY CITY ATTORNEY
a Specified Play Equipment Co.
By:
CIPAL
The Ohio Casualty Insurance Company
SURETY
B���
TTORNEY-1 N-FACT
Sylvia McGovern, Attorney-in-Fact
EXHIBIT 2
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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 ___ S_a_n_M_a_ te_o ____ ___ _
on __ N___;:_o _v _e1_n_b_e_r_l_S-'-, _2_0_2_3 __ before me, ____ J_u_l_ie_C_._P_ a_c_e_, _N_o_ta_ry=--P_u _b _lic ____ __ _ Date Here Insert Name and Title of the Officer
personally appeared _______ S___,,_y_lv_i_a_M_c_G_o_ v_e_m ______ ___________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument.
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
OPTIONAL
Completing this information can deter alter
fraudulent reattachment of this form to an u
Description of Attached Document
Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _
□ Corporate Officer - Title(s): ______ _
□ Partner - □ Limited □ General
□ Individual IKl Attorney in Fact
□ Trustee □ Guardian or Conservator
D Other:
Signer is Representing: _________ _
Signer's Name: ____________ _
□ Corporate Officer - Title(s): ______ _
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
D Other:
Signer is Representing: _________ _
��!iffi!c!!1����*g���-?$f��"{\-"'l:lf�:,!��
©2019 National Notary Association
EXHIBIT 2
�Lihertx
� Mutual.
SURETY
This Power of Attorney llmlts the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8209076-983630
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporalion duly organized under the laws of the Slate of Indiana {herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, _,ili"e"'g,___ __ McCartney; Mary Baez; Steve Suissa; Sylvia McGovern
all of the city of Belmont slate of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this _l_st_ day of December , 2022 .
liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
en • /) ,1,7,/ k u; E
� By: �� / / :�_§
_ ro ,__.,_., ·-..;;..::,_.;,,, ,.:,_::_.-, David M. Carey, Assistant Secretary o- gJ i:i c6 State of PENNSYLVANIA ss .5 �
f!! 5J County of MONTGOMERY _§ E
� � On this 1st day of December , 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of liberty Mutual Insurance 1,§ cu � "'ffi Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes !§@ � � therein contained by signing on behalf of the corporations by himself as a duly authorized officer. � �
�-6 IN WITNESS WHEREOF, l have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. � c·- -�- o-., w =======�=== �o
.Q � Comm(H'lwealU, of Pennsylvania - Notary Seal ';2:
Qf Q Teresa Pastetta, Notary PubUc ,.,f-..__
;,.
"'c: 'iii ...., Montgomery County (I/.,. � . . , t! � I J L.. E0 2 Myoommlssl011 explresMarch28,2025 By: ��'----�����'/U,ll,Uµ-=�-----------IO Q)
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Commission number 1126044
TeresaPastella, Notary Public -� 5_ ...._lif;-"tvsv ,_�r: � Member, Pennsylvanla AssDcia11oo of N<>tanes c»ffi "IRV 11�
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.g> 2 This Power of Attorney is made and executed pursuant lo and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, liberty Mutual � � � .!:_ Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: � � L.. ! ARTICLE IV-OFFICERS: Section 12. Power of Attorney. 5 � .E � Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the =a..- � [i' President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety � � � ffi any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall -c � ...., I:: have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such § Q) � 5 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the � m provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. � � ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechaniCally reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon Iha Company with the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and haS not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the sealo of said Comp·anies this� day of November , 2023 LMS-12873 LMIC OC[C WAIC Multl Co 02/21
4-�,e<t-By:.�_,�c...,.�=a-��=��------Renee C. Llewellyn, Assistant Secretary EXHIBIT 2
Sandman Park Playground
Public Works Department
January 9, 2024
Item No. 15.2
Project Location
SANDMAN PARK:
Don Avenue & Waudman Avenue
• First all-accessible playground in North
Stockton
• Original all-access playground is located
at Van Buskirk Park
Project Information
Improvements:
Fully Accessible and Inclusive playground
Rubberized surfacing and ramps
Wheelchair accessible elements
Sensory rails, Innova Rocker , stability sanctuary
Opportunities for enriching age-appropriate play (ages 2-12) Renderings
Project Schedule
March 2023 – Request for Proposals advertised
August 2023 – Public meeting at Seifert Community Center January 2024 – Award Construction Contract
May 2024 - Begin construction
June 2024 – Estimate project completion
Project Budget
On November 16, 2021, Council allocated discretionary funding for Council-prioritized projects, including $1 million to replace playgrounds at Brooking, Panella, Sandman, and Weber Parks
Sandman cost is $395,405
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the City Manager to:
Approve Notice of Exemption No. NOE62-23 under the California Environmental Quality Act for the Playground Equipment Replacement – Sandman Park, Project No.
WP22026.
Approve the plans and specifications for the Playground Equipment Replacement – Sandman Park, Project No. WP22026.
Award a Construction Contract in the amount of $395,405 to Yosso Group, Inc. dba Specified Play Equipment Co. of Burlingame, CA, to provide and install an all- accessible playground at Sandman Park.
Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
QUESTIONS?
City of Stockton
Legislation Text
File #: 24-0013, Version: 1
APPOINTMENT TO THE STOCKTON PORT COMMISSION
RECOMMENDATION
Adopt a resolution appointing one member to fill an upcoming vacancy on the Stockton Port Commission, for a term commencing January 16, 2024 and ending January 15, 2028.
Summary
On January 15, 2024, one term on the Stockton Port Commission will expire creating a vacancy to be filled this evening.
DISCUSSION
Background
The Stockton Port Commission consists of seven members, with three members appointed by the County Board of Supervisors, and four members appointed by the City Council. The function of the Stockton Port Commission is to exercise general supervision over the Port of Stockton by adopting general rules and regulations which, in its judgment, will best promote the interests of the Port as established under State law.
The four-year term of Commissioner R. Jay Allen will expire on January 15, 2024, which will create the vacancy we are seeking to fill this evening.
The Office of the City Clerk initiated the recruitment to fill the vacancy.
Pursuant to Council Policy Chapter 3.02, City Council and Mayoral Appointments to Boards, Commissions, and Committees, the following two-step interview and appointment process is used to fill current vacancies on boards and commissions:
1. The City Clerk conducts the initial applicant interviews, which are recorded so that the Council can view from the archive; and,
2. The Council makes the appointment at a regularly scheduled Council meeting.
The City Clerk's Office scheduled interviews on December 12, 2023. The following applicants appeared and were interviewed using a list of prepared questions approved by the Port of Stockton:
1. Jacelyn Renwick
2. Michael Lamond
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File #: 24-0013, Version: 1
3. Margaret Stephens
The applicants were notified of tonight's meeting; however, their attendance is not mandatory.
Present Situation
Tonight, the City Council will proceed with the following method for appointment pursuant to Council Policy Chapter 3.02:
1. From the list so provided to the Council, each Councilmember, including the Mayor, will rank the applicants for each Commissioner such that the number of applicants that each Councilmember ranks will be one number greater than the number of vacancies and/or the number of Commission members whose terms will be expiring. (This will likely avoid tie votes.) For example, if there is only one vacancy or only one term expiring, the Councilmember’s first choice for appointment will be ranked with the number “2” and the Councilmember’s second choice with the number “1.” If because of a vacancy and/or because of an expiring term, there is more than one appointment to a Commission, the Councilmember will assign to the Councilmember’s first choice the higher(est) number and lesser number(s) to the Councilmember’s other choice(s). For example, if there were one vacancy and one term expiring, each Councilmember would rank three applicants, assigning the number “3” to the Councilmember’s first choice, the number “2” to the Councilmember’s second choice and the number “1” to the third choice.
2. After the Council has ranked the applicants, the City Clerk will tally the rankings and the applicant(s) receiving the highest number(s) would, subject to Council ratification. If there is a tie, then the process described in A above will be repeated only as to the applicants who are tied.
The City Clerk will present the resolution upon appointment of the individual selected to fill the vacancy effective January 16, 2024, and ending on January 15, 2028.
FINANCIAL SUMMARY
The Port Commissioners do not receive remuneration, there is no financial impact in making these appointments.
Attachment A - Redacted Applications
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Submit Date: Nov 21, 2023
Email Address
First Name Middle Initial Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 4
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
15 years
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Margaret S Stephens
Stockton CA
Margaret S Stephens
Attachment A
Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
Which Boards would you like to apply for?
Port Commission: Submitted
Question applies to Port Commission
Do you reside within the Port District boundary or consistent with the City General Plan boundaries, plus a one-half mile strip on either side of the Stockton Ship Channel from the Port to Disappointment Slough?
Yes No
Question applies to Port Commission
If so, for how long?
44 years
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Interests & Experiences
Margaret S Stephens
Attachment A
Upload a Resume
Please tell us about yourself and why you want to serve.
I want to support Stockton in achieving sustainable economic growth. I am a third-generation Stocktonian, born and raised. After college, my husband and I returned to Stockton to raise our three children. I want Stockton to become the thriving community that my children, and future generations, aspire to come back to. Currently I work with Miller Center for Social Entrepreneurship. At Miller Center, we accelerate the impact of global social enterprises specializing in climate resilience and women's economic empowerment. In my role as Senior Manager of Development, I am responsible for finding funding opportunities, facilitating business solutions, nurturing corporate partnerships, and generating impactful marketing materials. Prior to joining Miller Center, I spent eight years in advertising, managing client accounts and developing strategic media plans. After taking time off to raise my family, I spent several years at Saint Mary's High School, where I spearheaded the development and management of the student admissions department, as well as the international student program. This past December, I completed my Master of Business Administration (MBA), further strengthening my skills in strategic management, financial analysis, and leadership.
Please state the reason you would like to be a member of this board/commission.
I believe that serving on the Port Commission offers a unique opportunity to actively contribute to the economic growth and strategic development of our community. The port is a vital hub for commerce, job creation, and environmental stewardship. By participating in this leadership role, I hope to help foster sustainable practices, drive innovation, and advocate for initiatives that enhance our region's prosperity.
Have you served on an advisory group before?
Yes No
If yes, please explain.
I have a genuine passion for contributing to the community and have served on several boards, including O’Connor Woods Board of Trustees, Stockton Parks & Recreation Oak Park Tennis Club Board, Central Methodist School Advisory Board, Presentation School Advisory Board, and Church of the Presentation School Ministry Board.
How did you hear about the position?
Port Commissioner Anthony Barkett
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group? Yes No
Background Information
Margaret S Stephens
Attachment A
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse? Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
MSS
Date Signed
11/21/2023
Margaret S Stephens
Attachment A
Submit Date: Nov 14, 2023
Email Address
First Name Middle Initial Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 4
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
31 years 4 months
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Michael K Lamond
Stockton CA
Michael K Lamond
Attachment A
Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
Which Boards would you like to apply for?
Port Commission: Submitted
Question applies to Port Commission
Do you reside within the Port District boundary or consistent with the City General Plan boundaries, plus a one-half mile strip on either side of the Stockton Ship Channel from the Port to Disappointment Slough?
Yes No
Question applies to Port Commission
If so, for how long?
31 years
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
Long time resident and former business owner in Stockton. My current occupation is outside of the city in calaveras county operating a regulated natural gas utility. My experience working with the Energy Division of California Public Utilities Commission has provided me with a unique perspective of many aspects of the current business environment.
Michael K Lamond
Attachment A
Please state the reason you would like to be a member of this board/commission.
The Port is of extreme importance to Stockton's economic well-being as well as its identity as a inland port city. I am interested in the continued growth and success of the Port of Stockton but know little of the inner workings or issues it currently face. I believe, however, I will quickly learn and serve as a reasoned voice on the board and to assist in the Ports efforts to thrive while improving the greater Stockton community.
Have you served on an advisory group before?
Yes No
How did you hear about the position?
Bill Trezza
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group? Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse? Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
MKL
Michael K Lamond
Attachment A
Date Signed
11/14/23
Michael K Lamond
Attachment A
Submit Date: Nov 14, 2023
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 3
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
11 years
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Jacelyn Renwick
Stockton CA
Jacelyn Renwick
Attachment A
Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
Which Boards would you like to apply for?
Port Commission: Submitted
Question applies to Port Commission
Do you reside within the Port District boundary or consistent with the City General Plan boundaries, plus a one-half mile strip on either side of the Stockton Ship Channel from the Port to Disappointment Slough?
Yes No
Question applies to Port Commission
If so, for how long?
Lifelong Stockton Resident
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Interests & Experiences
Jacelyn Renwick
Attachment A
Upload a Resume
Please tell us about yourself and why you want to serve.
I am a Laboratory Supervisor that oversees the analysis of both wastewater and drinking water for the City of Manteca. With the responsibility of overseeing water discharge into the San Joaquin river and overseeing the drinking water to Manteca residences, I am committed to being a good steward to our environment and citizens. I have served and continue to serve on volunteer Boards within my profession, including California Water Environment Association (CWEA) and was nominated one of 2023 Emerging Leaders by CWEA. Besides my passion for Environment protection, I am also pro labor and serve as President of the Mid-Managers Union in Manteca. I believe my experiences and knowledge make me uniquely qualified to serve at a place as diverse as the Port of Stockton. Stockton is also my home and I want to continue to participate and invest in its future.
Please state the reason you would like to be a member of this board/commission.
As a lifelong Stockton resident, I have a strong connection, pride and sense of community to my home.
With that, I have a desire to continue to make this community a home for generations to come. I believe I can achieve that with my involvement with the Port of Stockton. I have served on several Board positions within my profession and have found the experiences to be very rewarding, now I want to direct that energy, knowledge and experience to my community.
Have you served on an advisory group before?
Yes No
If yes, please explain.
I am the current Union President for the Manteca mid-managers association. Past President of California Water Environment Association local Northern San Joaquin County section and current Treasurer. I am also a Board member for Pixie Woods Board of Directors.
How did you hear about the position?
A current Port of Stockton Commissioner encouraged me to apply as they believe I would be a good addition to the Board.
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group? Yes No
Background Information
Jacelyn Renwick
Attachment A
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse? Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
JR
Date Signed
11/14/2023
Jacelyn Renwick
Attachment A
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPOINTING ONE MEMBER TO THE STOCKTON PORT
COMMISSION
On January 15, 202 4, one vacancy will exist on the Stockton Port Commi ssion due to the term expiration of Commissioner R. Jay Allen; and
The term for this position will begin January 16, 202 4 and end January 15, 2028; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council hereby appoints ___________ to fill one upcoming vacancy on the Stockton Port Commission, for terms commencing January 16, 2024, and ending January 15, 2028.
PASSED, APPROVED, and ADOPTED January 9, 2023 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton