Agenda packet — City Council and Concurrent Authorities, February 6, 2024 (part 5 of 5)

EXHIBIT 1
719

Local Construction Contract – SJ COUNTY OFFICE OF EDUCATION (DBA – GREATER VALLEY CONSERVATION CORPS) – PROJECT NO. WR21017 (Updated 10/18/23)

It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

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

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

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

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

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

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

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

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

Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the

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EXHIBIT 1
720

Local Construction Contract – SJ COUNTY OFFICE OF EDUCATION (DBA – GREATER VALLEY CONSERVATION CORPS) – PROJECT NO. WR21017 (Updated 10/18/23)

CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

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

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

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

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 250 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 THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($3,600) 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

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EXHIBIT 1
721

Local Construction Contract – SJ COUNTY OFFICE OF EDUCATION (DBA – GREATER VALLEY CONSERVATION CORPS) – PROJECT NO. WR21017 (Updated 10/18/23)

provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

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

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

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

7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

a. TITLE VI

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EXHIBIT 1
722

Local Construction Contract – SJ COUNTY OFFICE OF EDUCATION (DBA – GREATER VALLEY CONSERVATION CORPS) – PROJECT NO. WR21017 (Updated 10/18/23)

discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

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

b. DISCRIMINATION AND HARASSMENT POLICY

The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE

The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.

d. PREVAILING WAGE

CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.

i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage

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EXHIBIT 1
723

Local Construction Contract – SJ COUNTY OFFICE OF EDUCATION (DBA – GREATER VALLEY CONSERVATION CORPS) – PROJECT NO. WR21017 (Updated 10/18/23)

rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.

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

iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.

iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.

e. LOCAL EMPLOYMENT ORDINANCE

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EXHIBIT 1
724

Local Construction Contract – SJ COUNTY OFFICE OF EDUCATION (DBA – GREATER VALLEY CONSERVATION CORPS) – PROJECT NO. WR21017 (Updated 10/18/23)

Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

3.68.095.

f. SANCTIONS

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

CITY agrees:

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

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

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

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

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EXHIBIT 1
725

Local Construction Contract – SJ COUNTY OFFICE OF EDUCATION (DBA – GREATER VALLEY CONSERVATION CORPS) – PROJECT NO. WR21017 (Updated 10/18/23)

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

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

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

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

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

12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
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EXHIBIT 1
726

Local Construction Contract – SJ COUNTY OFFICE OF EDUCATION (DBA – GREATER VALLEY CONSERVATION CORPS) – PROJECT NO. WR21017 (Updated 10/18/23)

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

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

A T T E S T : C I T Y :

ELIZA R. GARZA

CITY CLERK

B y :

By: HARRY BLACK

CITY MANAGER

APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
B y :

SAN JOAQUIN COUNTY OFFICE
OF EDUCATION (DBA – GREATER
By: VALLEY CONSERVATION CORPS)

DEPUTY CITY ATTORNEY

Tax Identification No.

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EXHIBIT 1
727

MCKINLEY PARK RENOVATIONS PROJECT
WR21017
(GREATER VALLEY CONSERVATION CORPS SCOPE)

B I D D I N G S C H E D U L E
Line item costs should include all Contract or’s overhead and profit and indirect costs.

1. Unit Prices for Removal of Trees and Tree Stumps, shall include full compensation for complete removal and proper disposal of the items as indicated on the drawings, specified in the Special Provisions and as directed by the City

2. Unit Prices for Install Bench, Install Picnic Table, Install ADA Picnic Table, Install Bicycle Rack, Install Barbeque Unit, Install Group Barbeque Unit, and Install Trash Receptacle, shall include full compensation for furnishing all labor, tools, equipment and incidentals for installing the items, provided by the Contractor, complete in place, including concrete footings, fittings, and assembly appurtenant to its construction, as indicated on the drawings, specified in these Special Provisions and as directed by the City.

3. Unit Prices for Install Player’s Bench and Install Bleacher, shall include full compensation for furnishing all labor, tools, equipment and incidentals for installing the items, provided by the Contractor, complete in place, including concrete footings, fittings, and assembly appurtenant to its construction, as indicated on the drawings, specified in these Special Provisions and as directed by the City.

4. Unit Prices for Plant Tree – 24” Box, Plant Tree – 15 Gallon, shall include full compensation for furnishing all labor, tools, equipment and incidentals for planting the tree, provided by the Contractor, complete in place, and including planting pit preparation , fertilizing and amending backfill, backfilling and staking, as indicated on the drawings, specified in these Special Provisions and as directed by the City.

BASE BID
Item
# Item Description Un
it
Qty Unit
Price
Item
Cost
1 Remove tree stump - up to 36” diameter EA 14
2 Remove tree stump >36” diameter EA 2
3 Remove tree - up to 36” DBH EA 39
4 Install Bench LS 2
5 Install Player’s bench EA 2
6 Install Bleachers EA 2
7 Install ADA picnic table EA 4

EXHIBIT A

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EXHIBIT 1
$1,013 $14,182
$1,013 $2,026
$4,461.04 $173,979
$343 $686
$428 $856
$1,487 $2,974
$830 $3,320
728
8 Install Picnic table EA 8
9 Install Barbecue unit EA 2
10 Install Group barbecue unit EA 2
11 Install Trash receptacle EA 6
12 Install Bicycle rack EA 2
13 Plant Tree – 24” box EA 59
14 Plant Tree - 15 gallon EA 91

CONTRACT ITEMS

SUBTOTAL

EXHIBIT A

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EXHIBIT 1
$830 $6,640
$830 $1,660
$1,487 $2974
$830 $4,980
$343 $686
$488 $28,792
$403 $36,674
$280,429$280,429
729
REV2022Ͳ05Ͳ17

Insurance Requirements
(McKinley Park Renovation Project WR21017)

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 $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and 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

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EXHIBIT 1
730
REV2022Ͳ05Ͳ17

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

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

Other Insurance Provisions

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

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

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

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

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

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

Claims Made Policies (Professional & Pollution only)

If any coverage required is written on a claims-made coverage form:

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EXHIBIT 1
731
REV2022Ͳ05Ͳ17

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

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

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

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

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

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

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

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

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed

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EXHIBIT 1
732
REV2022Ͳ05Ͳ17

with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

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

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

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Maintenance Bond

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EXHIBIT 1
733
REV2022Ͳ05Ͳ17

for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

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

Certificate Holder Address

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

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

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EXHIBIT 1
734

EXHIBIT D

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EXHIBIT 1
735

EXHIBIT D

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EXHIBIT 1
736

EXHIBIT D

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EXHIBIT 1
737

EXHIBIT D

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EXHIBIT 1
738

EXHIBIT D

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EXHIBIT 1
739

EXHIBIT D

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EXHIBIT 1
740

EXHIBIT D

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EXHIBIT 1
741

EXHIBIT D

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EXHIBIT 1
742

EXHIBIT D

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EXHIBIT 1
743

EXHIBIT D

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EXHIBIT 1
744

EXHIBIT D

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EXHIBIT 1
745

EXHIBIT D

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EXHIBIT 1
746

EXHIBIT D

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EXHIBIT 1
747

EXHIBIT D

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EXHIBIT 1
748
1 BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:

That we, SAN JOAQUIN COUNTY OFFICE OF EDUCATION (DBA – GREATER VALLEY CONSERVATION CORPS), 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, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of TWO HUNDRED EIGHTY THOUSAND FOUR HUNDRED TWENTY NINE AND NO/100 DOLLARS ($280,429.00), 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:

MCKINLEY PARK RENOVATION
(PROJECT NO. WR21017)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work EXHIBIT 1
749
2 contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on .

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 1
750
3 BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN 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:

MCKINLEY PARK RENOVATION
(PROJECT NO. WR21017)
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 1
751
4 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 1
752
Professional Services Contract – SALABER ASSOCIATES, INC. – PROJECT NO. WR21017 (Updated 10/18/23)

PROFESSI

ONAL SERVICES CONTRACT
THIS CONTRACT is entered into this day of 2024, between the CITY OF STOCKTON, a municipa l corporation (“City”), and SALABER ASSOCIATES, INC. whose address is 10969 TRADE CENTER DRIVE, SUITE 108, RANCHO CORDOVA, CA 95670 (“Consultant”) for the MCKINLEY PARK RENOVATION (PROJECT NO. WR21017), hereinafter referred to as "Project".

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

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

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

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

2. COMPENSATION. City shall pay Consultant for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this refer ence. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $754,370.00 or as otherwise mutually agreed to in a Contract Amendment.

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

4. INDEMNITY AND HOLD HARMLESS. Pursuant to the full language of California Civil Code §2782, design Professiona l agrees to indemnify, including the cost to defend, City of Stockton and its officers, officials, employees, and volunteers from and EXHIBIT 2
753
Professional Services Contract – SALABER ASSOCIATES, INC. – PROJECT NO. WR21017 (Updated 10/18/23)

against any and all claims, demands, costs, or liabi lity that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City of Stockton; and does not apply to any passive negligence of the City of St ockton unless caused at least in part by the Design Professional. The City of Stockton agrees that in no event shall the cost to defend charged to the Design Professional exceed that prof essional’s proportionate percentage of fault.

This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

5. SCHEDULE AND TERM. Consultant shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this reference. This Contract shall commence on the date written above and shall expire on August 31, 2026 , unless extended by mutual agreement through the issuance of a Contract Amendment.

a. Invoices submitted by Consultant to City must contain a brief description of work performed, time used, and include the City project number. Payment shall be made within thirty (30) days of approval of invoice by City.

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

6. CONFORMANCE TO APPLICABLE LAWS. Consultant shall comply with all applicable federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employme nt of persons or in the prov ision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

a. TITLE VI

Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits o f, or be subjected to discrimination under any pr ogram or activity receiving federal financial assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm .

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EXHIBIT 2
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Professional Services Contract – SALABER ASSOCIATES, INC. – PROJECT NO. WR21017 (Updated 10/18/23)
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harass
ment Policy (Exhibit
D). The purpose of this policy is to reaffirm the City’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigat ing, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIO NS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth i n Chapter 1, Part 7,
Division 2 of the California Labor C ode shall be considered part of the contract
agreement. https://leginfo.legislature.ca.gov/faces/codes_displayText.xht ml?lawCode=LAB&division=2.&title=&part=7.&chapter=1.&article=2. d. PREVAILING WAGE RATES
Consultant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relatio
ns of the State of California has
determined the general prevailing rate s of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purpos es applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determi nation for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate det ermination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The Consultant shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.

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EXHIBIT 2
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Professional Services Contract – SALABER ASSOCIATES, INC. – PROJECT NO. WR21017 (Updated 10/18/23)
ii. Should the Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant shall reimburse the City the actual co st of engineering, inspec tion,
superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of Califo rnia. To forfeit as a penalty to City the sum of TWENTY-FIVE A ND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work mo re than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the pr ovisions of Sections 1770 to 1781 of the Labor Code of the St ate of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract. iii. PAYROLL RECORDS - The Consultant to whom the contract is awarded shall ensure that the prim e and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTICESHIP STANDARDS - The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) ce rtified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to admin ister and conduct apprenticeship programs, if applicable to the job.
e. SANCTIONS
Deliverables must conform with all applicable federal, state, and loc al 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.

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EXHIBIT 2
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Professional Services Contract – SALABER ASSOCIATES, INC. – PROJECT NO. WR21017 (Updated 10/18/23)

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

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

9. OWNERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other document s completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject ma tter in all materials is hereby assigned to the City and the Consultant agrees to exec ute any additional do cuments that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.

10. CONTRACT AMENDMENTS. City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant. Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.

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

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EXHIBIT 2
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Professional Services Contract – SALABER ASSOCIATES, INC. – PROJECT NO. WR21017 (Updated 10/18/23)

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

The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Cons ultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contra ct any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of C onsultant. All terms of employment including hours, wages, working c onditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is further understood and agreed t hat Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As an independent cont ractor, Consultant he reby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any content ion by any third party that employer-employee relationship exists by reason of this Contract.

13. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior writt en consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.

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

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

To Consultant: Salaber Associates, In c. To City: Public Works Director 10969 Trade Center Drive City of Stockton
Suite 108 22 E. Weber Ave., Rm. 301
Rancho Cordova, CA 95670 Stockton, CA 95202

16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to t he Consultant’s engaging in any operation or

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EXHIBIT 2
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Professional Services Contract – SALABER ASSOCIATES, INC. – PROJECT NO. WR21017 (Updated 10/18/23)

activity set forth in this Contract, Consulta nt shall obtain a City of Stockton business license, which must be kept in effect duri ng the term of this Co ntract. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.

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

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

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

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

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

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

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

23. INTEGRATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby

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EXHIBIT 2
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Professional Services Contract – SALABER ASSOCIATES, INC. – PROJECT NO. WR21017 (Updated 10/18/23)

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

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

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

26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.

IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.

CITY OF STOCKTON SALABER ASSOCIATES, INC.

B y : B y :

HARRY BLACK Signature

CITY MANAGER

A T T E S T :

P r i n t N a m e

B Y :

ELIZA R. GARZA, CMC Title:

CITY CLERK

APPROVED AS TO FORM:

B Y :

DEPUTY CITY ATTORNEY

Page 8 of 35 ends

EXHIBIT 2
760
City of Stockton
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Page 20 ends

Detailed Work Plan

MANAGEMENT APPROACH
/ƚŝƐƵŶĚĞƌƐƚŽŽĚƚŚĂƚ^/ǁŝůůƉĞƌĨŽƌŵĂůůƚŚĞĚƵƟĞƐĂƐŽƵƚůŝŶĞĚŝŶƚŚĞZĞƋƵĞƐƚĨŽƌWƌŽƉŽƐĂůƐ;Z&WͿ͘^/ŚĂƐ performed these services, or similar ones, to their public agency clients, and they have been successfully audited ďǇŽǀĞƌƐŝŐŚƚĂŐĞŶĐŝĞƐŽŶŵĂŶǇƐŝŵŝůĂƌĐŽŶƚƌĂĐƚƐĂŶĚƉƌŽũĞĐƚƐ͘ DĂŶĂŐŝŶŐƚŚĞƐĐŚĞĚƵůĞĂŶĚĂŶǇƉŽƚĞŶƟĂůĐůĂŝŵƐǁŝůůďĞĂŶŽŶͲŐŽŝŶŐũŽďĨŽƌ^/͕ĞǀĞƌǇƉƌŽũĞĐƚŝƐǀƵůŶĞƌĂďůĞ ƚŽĞŶĐŽƵŶƚĞƌŝŶŐƉŚǇƐŝĐĂů͕ĂĚŵŝŶŝƐƚƌĂƟǀĞ͕ĂŶĚĐŽŽƌĚŝŶĂƟŽŶŝƐƐƵĞƐƚŚĂƚĐŽƵůĚŝŵƉĂĐƚƚŚĞƐĐŚĞĚƵůĞĂŶĚĐŽƐƚƐ͘ ĚĚƌĞƐƐŝŶŐƚŚĞƐĞŝƐƐƵĞƐĂƐƚŚĞǇĂƌĞƌĞĐŽŐŶŝǌĞĚǁŝůůďĞĐƌŝƟĐĂůƚŽŬĞĞƉŝŶŐƚŚĞƉƌŽũĞĐƚŽŶƟŵĞĂŶĚǁŝƚŚŝŶďƵĚŐĞƚ͘ KƵƌƚĞĂŵŵĞŵďĞƌƐĂƌĞǀĞƌƐĞĚŝŶƚĂŬŝŶŐŝŵŵĞĚŝĂƚĞĂĐƟŽŶĂŶĚŝŶǀŽůǀŝŶŐĂůůƚŚĞƌŝŐŚƚƉĂƌƟĞƐŝŶĂŶǇŐŝǀĞŶƐŝƚƵĂƟŽŶ͘ dŚŝƐĂƉƉƌŽĂĐŚƌĞƋƵŝƌĞƐĚĞĐŝƐŝǀĞƐƚƌĂŝŐŚƞŽƌǁĂƌĚůĞĂĚĞƌƐŚŝƉĂƚƚŚĞĮĞůĚĂŶĚĂĚŵŝŶŝƐƚƌĂƟǀĞůĞǀĞůƐ͘ Quality Control Program
dŚĞŽŶƐƵůƚĂŶƚWƌŽũĞĐƚDĂŶĂŐĞƌ;WDͿ͕Žď>ŽZƵƐƐŽ͕W
͕WƌĞƐŝĚĞŶƚŽĨ^/͕ǁŝůůŵĞĞƚǁŝƚŚƚŚĞŝƚǇŽĨ^ƚŽĐŬƚŽŶ͛ƐWD ƚŽĚŝƐĐƵƐƐƚŚĞŝƌĂƐƐĞƐƐŵĞŶƚŽĨƚŚĞŝƌǁŽƌŬ͘/ĨƚŚĞƌĞĂƌĞĂŶǇĂƌĞĂƐƚŚĂƚŶĞĞĚƚŽďĞĂĚĚƌĞƐƐĞĚ͕ŽďǁŝůůƚĂŬĞĂĐƟŽŶ͘ ^/͛ƐĂďŝůŝƚǇƚŽŵĞĞƚĂŶĚĞǆĐĞĞĚĞǆƉĞĐƚĂƟŽŶƐŝƐĚĞƉĞŶĚĞŶƚŽŶŚŽŶĞƐƚĐůŝĞŶƚĨĞĞĚďĂĐŬ͘^/ĐůŝĞŶƚƐĚŽŶŽƚŚĂǀĞƚŽ ĚĞĂůǁŝƚŚĂŶǇďƵƌĞĂƵĐƌĂĐǇǁŝƚŚŝŶ^/͛ƐŽƌŐĂŶŝǌĂƟŽŶ͘ƚƚŚĞĞŶĚŽĨĂƉƌŽũĞĐƚ͕ƚŚĞWDǁŝůůƌĞƋƵĞƐƚĂĚĞďƌŝĞĮŶŐƚŽ ĂƐƐĞƐƐƚŚĞĐůŝĞŶƚ͛ƐƐĂƟƐĨĂĐƟŽŶŽĨŽƵƌƐĞƌǀŝĐĞ͘^/ƚĂŬĞƐƐĞƌŝŽƵƐůǇƐƵŐŐĞƐƟŽŶƐ͕ǁĞůĐŽŵĞƐĐŽŶƐƚƌƵĐƟǀĞĐƌŝƟĐŝƐŵ͕ĂŶĚ ƌĞĐŽŵŵĞŶĚĂƟŽŶƐƚŚĂƚƚŚĞŝƌĐůŝĞŶƚƐŽīĞƌ ͘
Schedules and Milestones
dŚĞ^/dĞĂŵǁŝůůĂĚĚƌĞƐƐƚŚĞĐŽŶƚƌĂĐƚŽƌ͛ƐƐĐŚĞĚƵůĞĂŶĚŽƚŚĞƌĂƐƐŽĐŝĂƚĞĚǁŽƌŬďǇĂŶǇŽƚŚĞƌĞŶƟƟĞƐŽŶĂĚĂŝůǇ ďĂƐŝƐ͘dŚŽƌŽƵŐŚŬŶŽǁůĞĚŐĞŽĨƚŚĞƉƌŽũĞĐƚĚĞƚĂŝůƐĂŶĚĐŽŵƉůĞǆŝƟĞƐǁŝůůďĞĞƐƐĞŶƟĂůƚŽƵŶĚĞƌƐƚĂŶĚŝŶŐƚŚĞƐĐŚĞĚƵůĞ ĂŶĚƚŚĞƉŽƚĞŶƟĂůŝŵƉĂĐƚƐŽĨĂŶǇƐĐŚĞĚƵůĞǀĂƌŝĂŶĐĞ͘ĞĨŽƌĞǁŽƌŬďĞŐŝŶƐ͕'ƌĞŐ^ŵŝƚŚƚŚĞŽŶƐƚƌƵĐƟŽŶDĂŶĂŐĞƌ͕ǁŝůů ĐŽŶĚƵĐƚĂƚŚŽƌŽƵŐŚƌĞǀŝĞǁŽĨƚŚĞƉůĂŶƐĂŶĚƐƉĞĐƐ͕ƚŚĞƌĞŐƵůĂƚŽƌǇĂŶĚŽǀĞƌƐŝŐŚƚƌĞƋƵŝƌĞŵĞŶƚƐ͕ĂŶĚƉĞƌŵŝƚŝƐƐƵĞƐ ƚŚĂƚǁĞƌĞŝĚĞŶƟĮĞĚĚƵƌŝŶŐƚŚĞƉůĂŶŶŝŶŐĂŶĚĚĞƐŝŐŶƉƌŽĐĞƐƐ͘/ĨĂŶǇĞƌƌŽƌƐĂŶĚŽŵŝƐƐŝŽŶĂƌĞĚŝƐĐŽǀĞƌĞĚ͕ƚŚĞǇǁŝůů ŶĞĞĚƚŽďĞĂĚĚƌĞƐƐĞĚ͕ƌĞƐŽůǀĞĚĂŶĚƌĞŵĞĚŝĂƚĞĚ͘dŚŝƐƵƉͲĨƌŽŶƚǁŽƌŬŝƐĐƌŝƟĐĂůƚŽŚĞĂĚŝŶŐŽīŝƐƐƵĞƐďĞĨŽƌĞƚŚĞǇ ďĞĐŽŵĞƉƌŽďůĞŵƐ͕ƉĂƌƟĐƵůĂƌůǇƚŽƚŚĞƐĐŚĞĚƵůĞ͘
<ĞĞƉŝŶŐƚŚĞĐŽŶƚƌĂĐƚŽƌŽŶƐĐŚĞĚƵůĞĚƵƌŝŶŐƚŚĞĐŽƵƌƐĞŽĨƚŚĞǁŽƌŬǁŝůůďĞƚŚĞƌĞƐƉŽŶƐŝďŝůŝƚǇŽĨƚŚĞĨƵůů^/dĞĂŵ͘ ^/ŽŶƐƚƌƵĐƟŽŶDĂŶĂŐĞƌƐĂŶĚŝŶƐƉĞĐƚŽƌƐŚĂǀĞĞǆƚĞŶƐŝǀĞĞǆƉĞƌŝĞŶĐĞǁŝƚŚƚŚŝƐƚǇƉĞŽĨƉůĂŶŶĞĚǁŽƌŬĂŶĚƐĐŽƉĞ͕ ĂŶĚƚŚĞŝƌƵŶĚĞƌƐƚĂŶĚŝŶŐŽĨƚŚĞǁŽƌŬ͕ƚŚĞŝƌĞǆƉĞƌŝĞŶĐĞǁŝƚŚƐŝŵŝůĂƌƉƌŽũĞĐƚƐ͕ĂŶĚƚŚĞŝƌĂďŝůŝƚǇƚŽĂŶƟĐŝƉĂƚĞƉŽƚĞŶƟĂů ƉŝƞĂůůƐĂŶĚĚĞůĂǇƐǁŝůůďĞĐƌŝƟĐĂůŝŶŬĞĞƉŝŶŐƚŚĞĐŽŶƚƌĂĐƚŽƌŽŶƟŵĞĂŶĚďƵĚŐĞƚ͘

EXHIBIT A

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EXHIBIT 2
761
City of Stockton
ŽŶƐƚƌƵĐƟŽŶDĂŶĂŐĞŵĞŶƚ^ĞƌǀŝĐĞƐĨŽƌƚŚĞDĐ<ŝŶůĞǇWĂƌŬZĞŶŽǀĂƟŽŶ;WƌŽũĞĐƚEŽ͘tZϮϭϬϭϳͿ

Page 21 ends

Detailed Work Plan
dŚƌŽƵŐŚŽƵƚƚŚĞƉƌŽũĞĐƚ͕ĂƚƚŚĞǁĞĞŬůǇŵĞĞƟŶŐƐ͕ĂŶĚŝŶďĞƚǁĞĞŶƚŚĞ ŵĞĞƟŶŐƐ͕ŝĨŶĞĐĞƐƐĂƌǇ͕ƚŚĞƐĐŚĞĚƵůĞǁŝůůďĞƌĞǀŝĞǁĞĚĂŶĚĂŐƌĞĞĚƵƉŽŶ ďǇďŽƚŚƚŚĞ^/dĞĂŵĂŶĚƚŚĞĐŽŶƚƌĂĐƚŽƌ ͘ŶǇƐůŝƉŝŶƐĐŚĞĚƵůĞǁŝůůďĞ ĂĚĚƌĞƐƐĞĚŝŵŵĞĚŝĂƚĞůǇĂŶĚƐŽůƵƟŽŶƐǁŝůůďĞĚŝƐĐƵƐƐĞĚ͘dŚĞ^/dĞĂŵ ƉŚŝůŽƐŽƉŚǇŝƐƚŽǁŽƌŬǁŝƚŚƚŚĞĐŽŶƚƌĂĐƚŽƌ͕ŶŽƚĂŐĂŝŶƐƚƚŚĞŵ͕ƚŽŐĞƚƚŚĞ ũŽďĚŽŶĞ͘KĨĐŽƵƌƐĞ͕ƚŚĞƌĞƐƉŽŶƐŝďŝůŝƚǇŽĨƚŚĞ^/dĞĂŵŝƐƚŽŵĂŬĞƐƵƌĞ ƚŚĂƚƚŚĞƉƌŽũĞĐƚŝƐďƵŝůƚĂĐĐŽƌĚŝŶŐƚŽƚŚĞƉůĂŶƐĂŶĚƐƉĞĐƐ͕ĂŶĚĚŽŶĞ ƐĂĨĞůǇĂŶĚŽŶƟŵĞ͕ďƵƚƚŚĞǁĂǇƚŚŝƐŝƐĚŽŶĞŝƐĞƋƵĂůůǇĂƐĐƌŝƟĐĂů͘dŚĞ ^/dĞĂŵŝƐƚŚĞƌĞƚŽĨĂĐŝůŝƚĂƚĞ͕ŶŽƚƐŝŵƉůǇƉŽůŝĐĞ͘

PLANNING FOR THE WORK
/ƚŝƐĞǆƉĞĐƚĞĚƚŚĂƚƚŚĞĐƌŝƟĐĂůƉĂƚŚŽĨƚŚĞƉƌŽũĞĐƚǁŝůůůŝŬĞůǇŝŶĐůƵĚĞƚŚĞ ĨŽůůŽǁŝŶŐĂĐƟǀŝƟĞƐ͗ĐŽŶƐƚƌƵĐƟŽŶŽĨƚŚĞƉŽŽůďƵŝůĚŝŶŐ͕ƚŚĞŝŶƐƚĂůůĂƟŽŶ ŽĨƚŚĞƉŽŽůŵĞĐŚĂŶŝĐĂůĞƋƵŝƉŵĞŶƚĂŶĚƚŚĞƉŽŽůƉůĂƐƚĞƌ ͘/ŶƚŚĂƚƚŚĞ ĐŽŶƐƚƌƵĐƟŽŶŽĨƚŚĞƐĞĞůĞŵĞŶƚƐĂƌĞĐƌŝƟĐĂůƚŽƚŚĞĐŽŵƉůĞƟŽŶŽĨƚŚĞ ƉƌŽũĞĐƚƚŚĞĚĞŵŽůŝƟŽŶƉĞƌŵŝƚ͕ďƵŝůĚŝŶŐƉĞƌŵŝƚ͕ƚŚĞŚĞĂůƚŚĚĞƉĂƌƚŵĞŶƚ ƉĞƌŵŝƚ͕ĂŶĚƚŚĞĮƌĞĚĞƉĂƌƚŵĞŶƚƉĞƌŵŝƚĨŽƌƚŚĞƉŽŽůĂŶĚƉŽŽů ďƵŝůĚŝŶŐƐŚŽƵůĚďĞŝŶƉůĂĐĞƉƌŝŽƌƚŽĂǁĂƌĚŽĨƚŚĞŽŶƚƌĂĐƚƚŽĞǆƉĞĚŝƚĞ ĐŽŶƐƚƌƵĐƟŽŶ͘KƚŚĞƌǁŝƐĞ͕ŽďƚĂŝŶŝŶŐƚŚĞƐĞƉĞƌŵŝƚƐŶĞĞĚƐƚŽďĞƚŚĞƚŽƉ priority.
^/ǁŝůůǁŽƌŬǁŝƚŚƚŚĞŝƚǇ͕ƚŚĞĐŽŶƚƌĂĐƚŽƌ͕ƚŚĞ>ĂŶĚƐĐĂƉĞƌĐŚŝƚĞĐƚ ĂŶĚƚŚĞ'sƚŽƐĐŚĞĚƵůĞĂƉƌĞĐŽŶƐƚƌƵĐƟŽŶĐŽŶĨĞƌĞŶĐĞǁŝƚŚŝŶ ϭϬĚĂǇƐŽĨĂǁĂƌĚŽĨƚŚĞĐŽŶƚƌĂĐƚŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚ^ƉĞĐŝĮĐĂƟŽŶ ^ĞĐƟŽŶƐϰͲϭ͘ϬϴĂŶĚϴͲϭ͘Ϭϰ͘^/ǁŝůůǁŽƌŬǁŝƚŚƚŚĞĐŽŶƚƌĂĐƚŽƌƚŽ ŚĂǀĞƚŚĞŵƉƌŽǀŝĚĞĂƉƌĞůŝŵŝŶĂƌǇĐŽŶƐƚƌƵĐƟŽŶƐĐŚĞĚƵůĞĂƚƚŚĞ ƉƌĞĐŽŶƐƚƌƵĐƟŽŶĐŽŶĨĞƌĞŶĐĞƚŚĂƚŝŶĐůƵĚĞƐ'sǁŽƌŬŝƚĞŵƐĂƐ ŽƵƚůŝŶĞĚŝŶƐƉĞĐŝĮĐĂƟŽŶƐĞĐƟŽŶϰͲϭ͘Ϭϴ͘dŚĞƉƌĞůŝŵŝŶĂƌǇƐĐŚĞĚƵůĞǁŝůů also include a procurement schedule that includes all long lead items. dŚĞĞůĞĐƚƌŝĐĂůĞƋƵŝƉŵĞŶƚ͕ƚŚĞƉŽŽůŵĞĐŚĂŶŝĐĂůĞƋƵŝƉŵĞŶƚĂŶĚĚŽŽƌ ĂŶĚǁŝŶĚŽǁĨƌĂŵĞƐĂƌĞŝƚĞŵƐƚŚĂƚĂƌĞůŝŬĞůǇƚŽďĞůŽŶŐůĞĂĚŝƚĞŵƐ͘ hŶĚĞƌƐƚĂŶĚŝŶŐŽĨƚŚĞĚƵƌĂƟŽŶƐŽĨƚŚĞ'sƚƌĞĞƌĞŵŽǀĂůĂŶĚƐƚƵŵƉ ƌĞŵŽǀĂůĂĐƟǀŝƟĞƐǁŝůůďĞĂŶŝŵƉŽƌƚĂŶƚĞůĞŵĞŶƚŽĨĚĞǀĞůŽƉŝŶŐƚŚĞ baseline schedule.

PROJECT SCOPE
dŚĞƉƌŽũĞĐƚŝŶĐůƵĚĞƐƌĞŶŽǀĂƟŽŶŽĨĂŶĞǆŝƐƟŶŐƉĂƌŬĂŶĚƐǁŝŵŵŝŶŐ ƉŽŽůŝŶĐůƵĚŝŶŐ͗ŶĞǁƉŽŽůďƵŝůĚŝŶŐ͕ƉŽŽůĞƋƵŝƉŵĞŶƚ͕ƉŽŽůĂƌĞĂ fencing, and various other pool related improvements, parking lot ŝŵƉƌŽǀĞŵĞŶƚƐ͕ŶĞǁƉŝĐŶŝĐƐŚĞůƚĞƌƐ͕ŶĞǁďĂůůĮĞůĚ͕ŶĞǁƉůĂǇĂƌĞĂ͕ŶĞǁ ƌĞƐƚƌŽŽŵ͕ďĂƐŬĞƚďĂůůĐŽƵƌƚƐ͕ĨƵƚƐĂůĐŽƵƌƚ͕ƌĞŶŽǀĂƚĞĚƐŽĐĐĞƌĮĞůĚƐ͕ ǁĂůŬǁĂǇƌĞƉůĂĐĞŵĞŶƚĂŶĚŶĞǁĐŽŶĐƌĞƚĞǁĂůŬǁĂǇƐ͕ůĂŶĚƐĐĂƉŝŶŐ͕ ŝƌƌŝŐĂƟŽŶƐǇƐƚĞŵŵŽĚŝĮĐĂƟŽŶ͕ĂŶĚƉĂƚŚůŝŐŚƟŶŐ͘
hŶĨŽƌĞƐĞĞŶĐŽŶĚŝƟŽŶƐŽĨƚŚĞƐƵďƐƵƌĨĂĐĞĐŽƵƌƚŵĂƚĞƌŝĂůƐ͕ƚŚĞ ƵŶŬŶŽǁŶĐŽŶĚŝƟŽŶŽĨĞǆŝƐƟŶŐƉŽŽůƉŝƉŝŶŐƚŽďĞƌĞƵƐĞĚ͕ĞǆŝƐƟŶŐƐŽŝů ĐŽŶĚŝƟŽŶƐƚŚĂƚŝŶĐůƵĚĞĞǆƉĂŶƐŝǀĞĐůĂǇƐŽŝůƐ͕ĂŶĚƵŶŬŶŽǁŶĞǆŝƐƟŶŐ

EXHIBIT A

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EXHIBIT 2
762
City of Stockton
ŽŶƐƚƌƵĐƟŽŶDĂŶĂŐĞŵĞŶƚ^ĞƌǀŝĐĞƐĨŽƌƚŚĞDĐ<ŝŶůĞǇWĂƌŬZĞŶŽǀĂƟŽŶ;WƌŽũĞĐƚEŽ͘tZϮϭϬϭϳͿ

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Detailed Work Plan
ƵŶĚĞƌŐƌŽƵŶĚƵƟůŝƟĞƐƉƌĞƐĞŶƚƚŚĞƌŝƐŬŽĨĚĞůĂǇƐƚŽƚŚĞ
ƉƌŽũĞĐƚ͘^/ǁŝůůǁŽƌŬĐůŽƐĞůǇǁŝƚŚƚŚĞŝƚǇĂŶĚƚŚĞ
Contractor to resolve any issues regarding unforeseen
ĐŽŶĚŝƟŽŶƐĂƐƚŚĞǇĂƌĞĚŝƐĐŽǀĞƌĞĚŽŶƚŚĞƉƌŽũĞĐƚ͘
ůŽƐĞĐŽŽƌĚŝŶĂƟŽŶďĞƚǁĞĞŶƚŚĞŽŶƚƌĂĐƚŽƌĂŶĚƚŚĞ
ƉƵďůŝĐƵƟůŝƟĞƐƉƌŽǀŝĚŝŶŐƐĞƌǀŝĐĞƚŽƚŚĞƉƌŽũĞĐƚǁŝůůďĞ ĐƌŝƟĐĂůƚŽĂƟŵĞůǇĐŽŵƉůĞƟŽŶŽĨƚŚĞƉƌŽũĞĐƚ͘^/ǁŝůů
ĐŽŽƌĚŝŶĂƚĞǁŝƚŚƚŚĞĐŽŶƚƌĂĐƚŽƌ͕ƚŚĞŝƚǇĂŶĚƚŚĞƵƟůŝƚǇ ĐŽŵƉĂŶǇƚŽŚĂǀĞƵƟůŝƟĞƐŝŶƐƚĂůůĞĚĂƐŶĞĞĚĞĚƚŽŵĞĞƚ
ƚŚĞƉƌŽũĞĐƚƐĐŚĞĚƵůĞ͘
^/ǁŝůůǁŽƌŬĐůŽƐĞůǇǁŝƚŚƚŚĞŽŶƚƌĂĐƚŽƌĂŶĚƚŚĞ's ƚŽĞŶƐƵƌĞƚŚĂƚƚŚĞ'sƚƌĞĞƌĞŵŽǀĂů͕ƐƚƵŵƉƌĞŵŽǀĂů͕
ƚƌĞĞƉůĂŶƟŶŐĂŶĚƚŚĞŝŶƐƚĂůůĂƟŽŶŽĨƐŝƚĞĨƵƌŶŝƐŚŝŶŐƐ
ŝƐĂůůŽǁĞĚĂĚĞƋƵĂƚĞƟŵĞƚŽďĞƉƌŽƉĞƌůǇĐŽŵƉůĞƚĞĚ
ǁŝƚŚŽƵƚĂĚǀĞƌƐĞůǇŝŵƉĂĐƟŶŐƚŚĞƉƌŽũĞĐƚƐĐŚĞĚƵůĞ͘

SCOPE OF WORK
Contract Administration / Document Control
ĐĐƵƌĂƚĞĂŶĚƵƉͲƚŽͲĚĂƚĞƌĞĐŽƌĚƐĂƌĞĐƌŝƟĐĂů͘dŚĞ^/
dĞĂŵƉƌŽƉŽƐĞƐƚŽƵƟůŝǌĞĂǁĞďͲďĂƐĞĚĐŽŶƐƚƌƵĐƟŽŶ
ŵĂŶĂŐĞŵĞŶƚƐŽŌǁĂƌĞsŝƌƚƵĂůWƌŽũĞĐƚDĂŶĂŐĞƌ;sWDͿ
ǁŚŝĐŚĂůůƐƚĂŬĞŚŽůĚĞƌƐĐĂŶĂĐĐĞƐƐ͘dŚŝƐƐŽŌǁĂƌĞŝƐ
ƵƐĞĚƚŽƚƌĂĐŬƐƵďŵŝƩĂůƐ͕Z&/͕ĐŽƌƌĞƐƉŽŶĚĞŶĐĞ͕ĂŶĚ
ƚƌĂŶƐŵŝƩĂůƐ͘^/ƵƟůŝǌĞƐsWDƚŽƉƌŽĚƵĐĞĚĂŝůǇĚŝĂƌǇ
reports including labor records, and photographic
ƌĞĐŽƌĚƐ͕ŽĨƚŚĞǁŽƌŬ͘
ůĞĐƚƌŽŶŝĐƉƌŽũĞĐƚĮůĞƐĂƌĞ
ƉƌŽĚƵĐĞĚƵƟůŝǌŝŶŐƚŚĞĂůdƌĂŶƐĐĂƚĞŐŽƌǇĮůŝŶŐƐǇƐƚĞŵ͘ dŚĞ^/dĞĂŵŵĞŵďĞƌƐŚĂǀĞŚĂĚƉƌŽũĞĐƚƌĞĐŽƌĚƐ
audited by oversight and regulatory agencies and
have successfully passed those audits. SAI uses the
sWDƚŽŽůƚŽƉƌŽĚƵĐĞĂǁĞĞŬůǇƐƵŵŵĂƌǇŽĨƉĂƐƚĂŶĚ
ƵƉĐŽŵŝŶŐǁŽƌŬ͕ĞǀĞŶƚƐĂŶĚŝƐƐƵĞƐŬĞĞƉŝŶŐĂůůƐƚĂŬĞ
holders up to date and on task.
dŚĞƐƉĞĐŝĮĐƉƌŽƉŽƐĞĚƐĐŽƉĞŽĨǁŽƌŬĨŽƌƚŚĞƉƌŽũĞĐƚ
ǁŝůůŵĞĞƚƚŚĞůŝƐƚĞĚƐĐŽƉĞŝŶƚŚĞZ&WĂŶĚƚŚĞƐĞŝƚĞŵƐ
ǁŝůůŶŽƚďĞƌĞŝƚĞƌĂƚĞĚ͘dŚĞĐŽŶƐƚƌƵĐƟŽŶĂĚŵŝŶŝƐƚƌĂƟŽŶ
ĂŶĚŝŶƐƉĞĐƟŽŶƐĞƌǀŝĐĞƐƚŚĂƚƚŚĞ^/dĞĂŵǁŝůůƉƌŽǀŝĚĞ
ǁŝůůĐŽŵƉůǇǁŝƚŚƚŚĞŝƚǇŽĨ^ƚŽĐŬƚŽŶ͛ƐŶĞĞĚƐĂŶĚ
ƌĞƋƵŝƌĞŵĞŶƚƐ͘
Documentation of Pre-Construction Conditions
dŚĞũŽďƐŝƚĞ͕ƐƵƌƌŽƵŶĚŝŶŐĂƌĞĂ͕ƉƌŽƉĞƌƟĞƐ͕ĂŶĚ
ĂĚũĂĐĞŶƚĨĞĂƚƵƌĞƐǁŝůůďĞƚŚŽƌŽƵŐŚůǇƉŚŽƚŽŐƌĂƉŚĞĚ
ĂŶĚǀŝĚĞŽƌĞĐŽƌĚĞĚƉƌŝŽƌƚŽĂŶǇĐŽŶƐƚƌƵĐƟŽŶǁŽƌŬ͘
WŝĐƚƵƌĞƐĐĂŶďĞŽĨŐƌĞĂƚƐĞƌǀŝĐĞŝŶƚŚĞĞǀĞŶƚŽĨĂƚŚŝƌĚͲ ƉĂƌƚǇĐůĂŝŵƚŚĂƚŝŶǀŽůǀĞƐĚĞƐƚƌƵĐƟŽŶŽƌĚĂŵĂŐĞŽĨ
ĞǆŝƐƟŶŐĐŽŶĚŝƟŽŶƐ͘
dŚĞƉŚŽƚŽŐƌĂƉŚƐǁŝůůďĞůŽŐŐĞĚĂŶĚĚŽĐƵŵĞŶƚĞĚ
ŝŶƚŚĞũŽďƌĞĐŽƌĚƐǁŝƚŚĞĂƐŝůǇƵŶĚĞƌƐƚĂŶĚĂďůĞ
ƟƚůĞƐ͕ůŽĐĂƟŽŶ͕ĚĂƚĞƐƚĂŵƉ͕ĂŶĚƚŚĞĚŝƌĞĐƟŽŶƚŚĞ
ƉŚŽƚŽŐƌĂƉŚǁĂƐƚĂŬĞŶ͘^/ƉĞƌĨŽƌŵƐƚŚŝƐǁŽƌŬ
alongside the contractor so there is agreement as to
ǁŚĂƚŝƐĚŽĐƵŵĞŶƚĞĚ͘
Meetings (Pre-construction, Progress, Safety, etc.)
dŚĞƉƌŝŵĂƌǇƉƵƌƉŽƐĞŽĨƚŚĞƉƌĞͲĐŽŶƐƚƌƵĐƟŽŶŵĞĞƟŶŐ
ŝƐƚŽĞƐƚĂďůŝƐŚƌĞůĂƟŽŶƐŚŝƉƐ͕ĞŶĐŽƵƌĂŐĞŽƉĞŶĂŶĚ
ŚŽŶĞƐƚůŝŶĞƐŽĨĐŽŵŵƵŶŝĐĂƟŽŶĂŶĚƚŽĐŽŵŵƵŶŝĐĂƚĞ
the general partnering philosophy of the City of
^ƚŽĐŬƚŽŶ͘dŚĞŵĞĞƟŶŐǁŝůůŝŶĐůƵĚĞĂŶŽǀĞƌǀŝĞǁŽĨƚŚĞ
ƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚĞĐŽŶƚƌĂĐƚ͘/ŶĐůƵĚŝŶŐƚŚĞĚĞůŝǀĞƌǇ
ŽĨƌĞƋƵŝƌĞĚƐƵďŵŝƩĂůƐĨƌŽŵƚŚĞĐŽŶƚƌĂĐƚŽƌ ͘/ƚŝƐĂŐŽŽĚ idea to go through the plans and special provisions in
ĂŶŽƌĚĞƌůǇĂŶĚĐŽŶĐŝƐĞŵĂŶŶĞƌĂŶĚƚŽďƌŝĞŇǇĚŝƐĐƵƐƐ
ƚŚĞƵŶŝƋƵĞĨĞĂƚƵƌĞƐĂŶĚƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚĞǁŽƌŬ͘
^/ǁŝůůĐŽŶĚƵĐƚǁĞĞŬůǇƉƌŽŐƌĞƐƐŵĞĞƟŶŐƐƚŽĚŝƐĐƵƐƐ
ƉƌŽũĞĐƚŝƐƐƵĞƐ͕ƐĂĨĞƚǇ͕ƐƚŽƌŵǁĂƚĞƌĐŽŵƉůŝĂŶĐĞ͕ƌĞǀŝĞǁ
ŽƵƚƐƚĂŶĚŝŶŐƐƵďŵŝƩĂůƐ͕Z&/͛Ɛ͕WŽƚĞŶƟĂůŚĂŶŐĞKƌĚĞƌƐ
;WK͛ƐͿ͕ĂŶĚƚŚĞƉƌŽŐƌĞƐƐƐĐŚĞĚƵůĞ͘^/ǁŝůůƉƌĞƉĂƌĞ
ĂŶĚĚŝƐƚƌŝďƵƚĞƚŚĞŵĞĞƟŶŐŵŝŶƵƚĞƐƚŽĂůůƉĂƌƟĐŝƉĂŶƚƐ
ƉƌŝŽƌƚŽƚŚĞŶĞǆƚŵĞĞƟŶŐ͘WƌŽŐƌĞƐƐDĞĞƟŶŐƐĂƌĞ
ĂŶĞīĞĐƟǀĞƚŽŽůŝŶŬĞĞƉŝŶŐƚŚĞƚĞĂŵĨŽĐƵƐĞĚŽŶ
ƚŚĞĐƌŝƟĐĂůŝƐƐƵĞƐĂŶĚƌĞƐŽůǀŝŶŐƚŚĞŵĂƐƐŽŽŶĂƐ
ƉŽƐƐŝďůĞ͘ƐŝƐƐƵĞƐĂƌŝƐĞĚƵƌŝŶŐĐŽŶƐƚƌƵĐƟŽŶ͕^/ǁŝůů ĂĚĚƌĞƐƐƚŚĞŵĂƐƋƵŝĐŬůǇĂƐƉŽƐƐŝďůĞ͘DĞĞƟŶŐƐǁŝůů
ďĞƐĐŚĞĚƵůĞĚŝŶƚŚĞĮĞůĚǁŝƚŚĂůůĂƉƉƌŽƉƌŝĂƚĞƚĞĂŵ
ŵĞŵďĞƌƐƚŽƌĞƐŽůǀĞƚŚĞƐĞŝƐƐƵĞƐǁŝƚŚŵŝŶŝŵĂůŝŵƉĂĐƚ
ƚŽƚŚĞƉƌŽũĞĐƚ͘
^ĂĨĞƚǇŝƐĂŶŝƐƐƵĞƚŚĂƚĐĂŶŶŽƚďĞŽǀĞƌĞŵƉŚĂƐŝǌĞĚ͘
^ĂĨĞƚǇĂůǁĂǇƐĐŽŵĞƐĮƌƐƚ͘^ĂĨĞƚǇŵƵƐƚďĞǁĞůůƉůĂŶŶĞĚ
and documented and a constant focus on the site
ĨŽƌƚŚĞĚƵƌĂƟŽŶŽĨƚŚĞǁŽƌŬ͘^/ǁŝůůǁŽƌŬǁŝƚŚƚŚĞ
contractor to ensure the site is secure and protected
from the public.

Schedule Review
^/ǁŝůůƌĞǀŝĞǁƚŚĞĐŽŶƚƌĂĐƚŽƌ͛ƐďĂƐĞůŝŶĞƐĐŚĞĚƵůĞƚŽ
ĚĞƚĞƌŵŝŶĞƚŚĂƚƚŚĞĐŽŶƚƌĂĐƚƐƚĂƌƚĚĂƚĞ͕ƚŚĞĚƵƌĂƟŽŶŽĨ the contract, and the contract end date are accurate.

EXHIBIT A

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EXHIBIT 2
763
City of Stockton
ŽŶƐƚƌƵĐƟŽŶDĂŶĂŐĞŵĞŶƚ^ĞƌǀŝĐĞƐĨŽƌƚŚĞDĐ<ŝŶůĞǇWĂƌŬZĞŶŽǀĂƟŽŶ;WƌŽũĞĐƚEŽ͘tZϮϭϬϭϳͿ

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Detailed Work Plan
dŚĞƌĞǀŝĞǁĞƌǁŝůůĞŶƐƵƌĞŽŶůǇŽŶĞĐƌŝƟĐĂůƉĂƚŚŝƐƐŚŽǁŶ ĂŶĚƚŚĂƚŶĞĂƌĐƌŝƟĐĂůĂĐƟǀŝƟĞƐĂƌĞŬĞƉƚƚŽĂŵŝŶŝŵƵŵ͘
dŚĞƌĞǀŝĞǁǁŝůůĐŚĞĐŬƚŚĂƚĂůůƌĞůĞǀĂŶƚĂĐƟǀŝƟĞƐĂƌĞ
ŝŶĐůƵĚĞĚǁŝƚŚƌĞĂƐŽŶĂďůĞĚƵƌĂƟŽŶƐĂŶĚĐŽƌƌĞĐƚůŽŐŝĐ͘
dŚĞĐŽŶƚƌĂĐƚŽƌ͛ƐŵŽŶƚŚůǇƵƉĚĂƚĞƐǁŝůůďĞƌĞǀŝĞǁĞĚ
ĨŽƌĂĐĐƵƌĂĐǇǁŝƚŚĂƐͲďƵŝůƚĐŽŶĚŝƟŽŶƐŝŶƚŚĞĮĞůĚ͘/ĨƚŚĞ ĐŽŶƚƌĂĐƚŽƌĨĂůůƐďĞŚŝŶĚƐĐŚĞĚƵůĞ͕^/ǁŝůůƌĞƋƵĞƐƚĂ
ƌĞĐŽǀĞƌǇƐĐŚĞĚƵůĞĂŶĚǁŽƌŬǁŝƚŚƚŚĞĐŽŶƚƌĂĐƚŽƌƚŽŐĞƚ
ďĂĐŬŽŶƐĐŚĞĚƵůĞ͘^/ĐŽŶƐŝĚĞƌƐƚŚŝƐƚĂƐŬƐŝŐŶŝĮĐĂŶƚ
ǁŚĞŶĂŶĂůǇǌŝŶŐĚĞůĂǇĐůĂŝŵƐĂŶĚĚĞƚĞƌŵŝŶŝŶŐŝĨƚŚĞ
ĐƌŝƟĐĂůƉĂƚŚǁĂƐŝŵƉĂĐƚĞĚǁĂƌƌĂŶƟŶŐĂƟŵĞĞǆƚĞŶƐŝŽŶ͘
Cost Control and Monthly Progress Payments
^/ƵƟůŝǌĞƐůŽŐƐƚŽƚƌĂĐŬĂůůWŽƚĞŶƟĂůŚĂŶŐĞKƌĚĞƌƐ
;WK͛ƐͿ͕ŽŶƚƌĂĐƚŚĂŶŐĞKƌĚĞƌƐ;K͛ƐͿ͕ĂŶĚůĂŝŵƐ͘
^/ǁŝůůƌĞǀŝĞǁƚŚĞƐĞůŽŐƐǁŝƚŚƚŚĞƉƌŽũĞĐƚƚĞĂŵĂƚ
ĞĂĐŚƉƌŽŐƌĞƐƐŵĞĞƟŶŐƚŽŚĞůƉĞŶƐƵƌĞƚŚĞƚĞĂŵŝƐ
ĂĐĐŽƵŶƚĂďůĞĂŶĚƌĞƐƉŽŶƐŝďůĞĨŽƌƚŚĞŝƌĂĐƟŽŶŝƚĞŵƐ͘
^/ǁŝůůǀĞƌŝĨǇĂůůǁŽƌŬĐŽŵƉůĞƚĞĚǁŝƚŚƚŚĞĐŽŶƚƌĂĐƚŽƌ ĞĂĐŚŵŽŶƚŚ͘
ĂĐŚďŝĚŝƚĞŵͬƐĐŚĞĚƵůĞŽĨǀĂůƵĞƐǁŝůůďĞ
ƚƌĂĐŬĞĚĞĂĐŚŵŽŶƚŚƵƐŝŶŐƋƵĂŶƟƚǇďŝĚŝƚĞŵĞƐƟŵĂƚĞ
ĨŽƌŵƐ͘^/ǁŝůůƉƌŽĐĞƐƐĂůůWƌŽŐƌĞƐƐWĂǇŵĞŶƚƐƟŵĞůǇ͘
ůůĐŽƐƚĂĐĐŽƵŶƟŶŐƌĞĐŽƌĚƐƐŚĂůůďĞŵĂŝŶƚĂŝŶĞĚŝŶ
ĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞŝƚǇŽĨ^ƚŽĐŬƚŽŶƉƌŽĐĞĚƵƌĞƐ͘
ůůĞǆƚƌĂǁŽƌŬƉĂŝĚĂƚĨŽƌĐĞĂĐĐŽƵŶƚǁŝůůďĞǀĞƌŝĮĞĚ
ĂŶĚĂƉƉƌŽǀĞĚĞĂĐŚĚĂǇ͘^/ǁŝůůƐŝŐŶĂŶĚǀĞƌŝĨǇƚŚĞ
ĐŽŶƚƌĂĐƚŽƌ͛ƐĚĂŝůǇĞǆƚƌĂǁŽƌŬƌĞƉŽƌƚƐĂŶĚŽŶůǇƉĂǇĨŽƌ ǁŚĂƚŚĂƐďĞĞŶĂƵƚŚŽƌŝǌĞĚ͘
RFI’s/Contract Change Order/Extra Work/Claims
^/ǁŝůůŵĂŶĂŐĞĂŶĚƌĞƐƉŽŶĚƚŽĂůůĐŽƌƌĞƐƉŽŶĚĞŶĐĞ͕
ŝŶĐůƵĚŝŶŐZĞƋƵĞƐƚĨŽƌ/ŶĨŽƌŵĂƟŽŶ;Z&/͛ƐͿƐƵďŵŝƩĞĚ
ďǇƚŚĞĐŽŶƚƌĂĐƚŽƌ͕ŝŶĂƟŵĞůǇŵĂŶŶĞƌ͕ƵƐƵĂůůǇǁŝƚŚŝŶ
ĮǀĞ;ϱͿĚĂǇƐ͘^/ǁŝůůǁŽƌŬĐůŽƐĞůǇǁŝƚŚƚŚĞĚĞƐŝŐŶĞƌ
ƚŽƉƌŽǀŝĚĞĂƟŵĞůǇƌĞƐƉŽŶƐĞ͘/ƚ͛ƐŝŵƉŽƌƚĂŶƚƚŚĂƚĂůů
ŝƐƐƵĞƐĂƌĞƌĞƐŽůǀĞĚĂƐƐŽŽŶĂƐƉƌĂĐƟĐĂů͘ůůƉĞƌƟŶĞŶƚ
ĐŽƌƌĞƐƉŽŶĚĞŶĐĞǁŝůůďĞĚŝƐĐƵƐƐĞĚǁŝƚŚƚŚĞŝƚǇŽĨ
^ƚŽĐŬƚŽŶ͛ƐWDĂŶĚ/ŶƐƉĞĐƚŽƌƉƌŝŽƌƚŽĂƌĞƐƉŽŶƐĞďĞŝŶŐ
sent to the contractor. SAI understands the importance
of keeping the City abreast of all issues pertaining
ƚŽĐŽƐƚ͕ĐůĂŝŵƐ͕ĚĞůĂǇƐ͕ĂŶĚĚĞƐŝŐŶĐŚĂŶŐĞƐ͘^/ǁŝůů
ŵĂŬĞƌĞĐŽŵŵĞŶĚĂƟŽŶƐƚŽƚŚĞŝƚǇƉƌŝŽƌƚŽƚĂŬŝŶŐĂŶǇ
ĂĐƟŽŶƚŽĞŶƐƵƌĞƚŚĂƚƚŚĞŝƚǇ͛ƐƉŽƐŝƟŽŶŝƐƉƌŽƉĞƌůǇ
ƌĞƉƌĞƐĞŶƚĞĚ͘^/ǁŝůůƚŚĞŶƉƌŽĐĞĞĚĂĐĐŽƌĚŝŶŐůǇǁŝƚŚ
ĐŽŵƉůĞƟŶŐƚŚĞƌĞƋƵŝƌĞĚĚŽĐƵŵĞŶƚĂƟŽŶ͘/ŶĂĚĚŝƟŽŶ͕
^/ǁŝůůŵĞĞƚǁŝƚŚƚŚĞĐŽŶƚƌĂĐƚŽƌĂŶĚƚŚĞŝƚǇŽĨ
Stockton as necessary to resolve any outstanding
ŝƐƐƵĞƐĂŶĚĐůĂŝŵƐ͘/ƚŝƐ^/͛ƐŝŶƚĞŶƚƚŽƌĞƐŽůǀĞĂůůŝƐƐƵĞƐ ĂƐƚŚĞǇĂƌŝƐĞ͘,ŽǁĞǀĞƌ͕ǁĞƵŶĚĞƌƐƚĂŶĚƚŚĂƚĞǀĞƌǇŝƐƐƵĞ ŝƐĚŝīĞƌĞŶƚĂŶĚŵĂǇŶŽƚďĞĂďůĞƚŽďĞƌĞƐŽůǀĞĚƵŶƟů
ƚŚĞƉƌŽũĞĐƚŚĂƐďĞĞŶĐŽŵƉůĞƚĞĚ͘ƉŽƚĞŶƟĂůĐŚĂŶŐĞ
ŽƌĚĞƌƐĂŶĚĐůĂŝŵƐ͕ŝĨĂŶǇ͕ǁŝůůďĞŝŶĐůƵĚĞĚǁŝƚŚ^/͛Ɛ ǁĞĞŬůǇƌĞƉŽƌƚƚŽƚŚĞŝƚǇ͘
¤ƍùŋĭƇƇÝńžÝōā"ńÝŸĭƼûÝƇĭŕōž
^/ǁŝůůƉƌĞƉĂƌĞĂŶĚĚŝƐƚƌŝďƵƚĞĂůŝƐƚŽĨƌĞƋƵŝƌĞĚ
ƐƵďŵŝƩĂůƐƉĞƌƚŚĞƉƌŽũĞĐƚƐƉĞĐŝĮĐĂƟŽŶƐĨŽƌƚŚĞ
ŝƚǇ͛ƐƌĞǀŝĞǁŶŽůĂƚĞƌƚŚĂŶϭϬĚĂǇƐĂŌĞƌĂǁĂƌĚŽĨƚŚĞ
ŽŶƚƌĂĐƚ͘dŚĞǇǁŝůůƚƌĂĐŬĂŶĚůŽŐĂůůƐƵďŵŝƩĂůƐĨƌŽŵƚŚĞ ĐŽŶƚƌĂĐƚŽƌ ͘ŶŝŶŝƟĂůƌĞǀŝĞǁǁŝůůďĞƉĞƌĨŽƌŵĞĚĂŶĚƚŚĞ ƐƵďŵŝƩĂůŵĂǇďĞĚŝƐƚƌŝďƵƚĞĚƚŽƚŚĞĂƉƉƌŽƉƌŝĂƚĞƉĂƌƚǇ
ĨŽƌƌĞǀŝĞǁ;ŝ͘Ğ͘ƚŚĞŝƚǇ͕ĞƐŝŐŶ
ŶŐŝŶĞĞƌͿ͘
DĂŶǇƟŵĞƐ͕^/ǁŝůůƌĞǀŝĞǁƐƵďŵŝƩĂůƐƚŚĂƚĂƌĞ
ĂƉƉƌŽƉƌŝĂƚĞƐƵĐŚĂƐ^tWWW ͕ĐŽŶƐƚƌƵĐƟŽŶƐĐŚĞĚƵůĞƐ͕
ŵĂƚĞƌŝĂůƐ;ůĂƐƐϮďĂƐĞ͕͕ĐŽŶĐƌĞƚĞͿ͕ĞƚĐ͘^/ǁŝůů
ƌĞǀŝĞǁƚŚĞƐƵďŵŝƩĂůůŽŐĂƚĞĂĐŚƉƌŽŐƌĞƐƐŵĞĞƟŶŐ
ĂŶĚǁŝůůďĞƉƌŽĂĐƟǀĞŝŶǀĞƌŝĨǇŝŶŐƚŚĞƐƵďŵŝƩĂůƐĂƌĞ
ƌĞǀŝĞǁĞĚĂŶĚƌĞƚƵƌŶĞĚƚŽƚŚĞŽŶƚƌĂĐƚŽƌǁŝƚŚŝŶƚŚĞ
ƐƉĞĐŝĮĞĚƟŵĞƌĞƋƵŝƌĞĚŝŶƚŚĞƐƉĞĐŝĮĐĂƟŽŶƐ͘
Field Inspection
dŚĞ^/dĞĂŵǁŝůůƉĞƌĨŽƌŵĚĂŝůǇƋƵĂůŝƚǇĂƐƐƵƌĂŶĐĞ
ŝŶƐƉĞĐƟŽŶƐƚŽĐŚĞĐŬƚŚĂƚƚŚĞĐŽŶƚƌĂĐƚŽƌŝƐƉĞƌĨŽƌŵŝŶŐ
ƚŚĞǁŽƌŬŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƉůĂŶƐĂŶĚƐƉĞĐŝĮĐĂƟŽŶƐ͘
dŚĞĮĞůĚŝŶƐƉĞĐƚŽƌǁŝůůďĞƉƌŽĂĐƟǀĞĂŶĚƟŵĞůǇǁŝƚŚ
ŝŶƐƉĞĐƟŽŶƐƚŽŵŝŶŝŵŝǌĞĚĞůĂǇƐƚŽƚŚĞƉƌŽũĞĐƚ͘
^/ǁŝůůƉƌĞƉĂƌĞĂŝůǇ/ŶƐƉĞĐƟŽŶZĞƉŽƌƚƐǁŚŝĐŚ
ŝŶĐůƵĚĞ͕ďƵƚĂƌĞŶŽƚůŝŵŝƚĞĚƚŽ͕ůĂďŽƌ͕ĞƋƵŝƉŵĞŶƚƵƐĞĚ ŽƌŝĚůĞ͕ĐŽŶƐƚƌƵĐƟŽŶĂĐƟǀŝƟĞƐƉĞƌĨŽƌŵĞĚ͕ǁĞĂƚŚĞƌ
ĐŽŶĚŝƟŽŶƐ͕ƉĞƌƟŶĞŶƚĚŝƐĐƵƐƐŝŽŶƐ͕ĂŶĚƵŶĨŽƌĞƐĞĞŶ
ĐŽŶĚŝƟŽŶƐŽƌŝƐƐƵĞƐ͘^/ƵŶĚĞƌƐƚĂŶĚƐƚŚĂƚƚŚĞĂŝůǇ
/ŶƐƉĞĐƟŽŶZĞƉŽƌƚŝƐŽŶĞŽĨƚŚĞŵŽƐƚǀĂůƵĂďůĞƚŽŽůƐ
ƚŽĚŽĐƵŵĞŶƚƚŚĞǁŽƌŬĂŶĚƚŽĚĞĨĞŶĚĂŐĂŝŶƐƚĐůĂŝŵƐ͘
/ƚŵƵƐƚďĞƉƌŽĨĞƐƐŝŽŶĂů͕ĂŶĚĨĂĐƚƵĂůůǇĐŽƌƌĞĐƚ͘dŚĞƐĞ
ŝŶƐƉĞĐƟŽŶƌĞƉŽƌƚƐǁŝůůďĞƉƌŽĚƵĐĞĚŝŶsWD͘

EXHIBIT A

Page 12 of 35 ends

EXHIBIT 2
764
City of Stockton
ŽŶƐƚƌƵĐƟŽŶDĂŶĂŐĞŵĞŶƚ^ĞƌǀŝĐĞƐĨŽƌƚŚĞDĐ<ŝŶůĞǇWĂƌŬZĞŶŽǀĂƟŽŶ;WƌŽũĞĐƚEŽ͘tZϮϭϬϭϳͿ

Page 24 ends

Detailed Work Plan
Information contained in Daily Reports you will
receive from Construction Manager, Greg Smith
• dŚĞƉƌŽũĞĐƚŶĂŵĞ͕ĐŽŶƚƌĂĐƚ͕ŽƌƉƌŽũĞĐƚ
number
• dŚĞƌĞƉŽƌƚŶƵŵďĞƌ͕ƚŚĞĚĂƚĞ͕ƚŚĞĚĂǇŽĨ
ƚŚĞǁĞĞŬ
• ƐƵŵŵĂƌǇŽĨƚŚĞǁŽƌŬƉĞƌĨŽƌŵĞĚ
• dŚĞǁĞĂƚŚĞƌ
• A list of visitors to the site
• dŚĞĐŽŶƚƌŽůůŝŶŐŝƚĞŵŽĨǁŽƌŬĂƐŝŶĐůƵĚĞĚŝŶ
ƚŚĞƐƵďŵŝƩĞĚĐŽŶƐƚƌƵĐƟŽŶƐĐŚĞĚƵůĞ͘
• dŚĞůĂďŽƌƵƟůŝǌĞĚŽŶƚŚĞǁŽƌŬŝŶĐůƵĚŝŶŐ
ƚŚĞŶĂŵĞŽĨƚŚĞƚƌĂĚĞ͛ƐƉĞƌƐŽŶ͕
ĐůĂƐƐŝĮĐĂƟŽŶ͕ƚŚĞŚŽƵƌƐǁŽƌŬĞĚŽŶĞĂĐŚ
ŝƚĞŵŽĨǁŽƌŬĂŶĚƚŚĞĐŽŶƚƌĂĐƚŽƌŽƌ
ƐƵďĐŽŶƚƌĂĐƚŽƌƚŚĞǇǁŽƌŬĞĚĨŽƌ ͘
• ĐŽŵƉůĞƚĞĚĞƐĐƌŝƉƟŽŶŽĨƚŚĞǁŽƌŬ
ƉĞƌĨŽƌŵĞĚďƌŽŬĞŶĚŽǁŶďǇƐƵďĐŽŶƚƌĂĐƚŽƌ ͘
•
ƋƵŝƉŵĞŶƚŽŶƐŝƚĞ͕ƚŚĞƵŶŝƋƵĞŶƵŵďĞƌ
ŝĚĞŶƟĨǇŝŶŐƚŚĂƚĞƋƵŝƉŵĞŶƚ͕ƚŚĞ
ŵĂŶƵĨĂĐƚƵƌĞĂŶĚŵŽĚĞůŽĨƚŚĞĞƋƵŝƉŵĞŶƚ͕
ƚŚĞǁŽƌŬƚŚĂƚƚŚĞĞƋƵŝƉŵĞŶƚǁĂƐƵƟůŝǌĞĚ
ĨŽƌŽƌĂƐƚĂƚĞŵĞŶƚƚŚĂƚƚŚĞĞƋƵŝƉŵĞŶƚǁĂƐ
idle.
• ŽĐƵŵĞŶƚĂƟŽŶŽĨĂŶǇǁŽƌŬƉĞƌĨŽƌŵĞĚŽŶ
ĂƟŵĞĂŶĚŵĂƚĞƌŝĂůďĂƐŝƐ͘
• WĞƌƟŶĞŶƚĐŽŶǀĞƌƐĂƟŽŶƐǁŝƚŚƚŚĞ
contractor.
• Materials used or delivered to the site.
• ŝĚŝƚĞŵƋƵĂŶƟƟĞƐĐŽŵƉůĞƚĞĚ͘
• ŶǇǁŽƌŬŝŶƐƚĂůůĞĚƚŚĂƚŝƐŶŽƚĂĐĐĞƉƚĂďůĞ
or in need of repair or replacement.
• ĂŵĂŐĞƚŽĞǆŝƐƟŶŐŝŵƉƌŽǀĞŵĞŶƚƐ͘
• ŽĐƵŵĞŶƚĂƟŽŶŽĨ^ƚŽƌŵtĂƚĞƌWƌŽƚĞĐƟŽŶ
ŝŶƉůĂĐĞ͕ƚƌĂĸĐĐŽŶƚƌŽů͕ĂŶĚƐĂĨĞƚǇ
• WŚŽƚŽĚŽĐƵŵĞŶƚĂƟŽŶƚŽƐƵƉƉŽƌƚƚŚĞ
above
Samples of the daily diaries generated for the
ZĂŶĐŚŽŽƌĚŽǀĂZĞĐƌĞĂƟŽŶĂŶĚWĂƌŬƐŝƐƚƌŝĐƚ
ƵƐŝŶŐŽƵƌĞůĞĐƚƌŽŶŝĐĚŽĐƵŵĞŶƚƐǇƐƚĞŵ͕sWD͕ĂƌĞ
located on pages 26.

SAI ADVANTAGE
iŕûÝń{ƸûĈ
^/͛ƐůŽĐĂůŽĸĐĞŝƐŝŶƚŚĞŝƚǇŽĨ^ƚŽĐŬƚŽŶĂŶĚŝƐůĞƐƐ ƚŚĂŶϭϬŵŝŶƵƚĞƐĨƌŽŵƚŚĞũŽďƐŝƚĞ͘dŚŝƐĂůůŽǁƐ^/ƚŽ
ƌĞƐƉŽŶĚƚŽŝƐƐƵĞƐƟŵĞůǇĂŶĚƌĞƐŽůǀĞĂŶĚŵŝŶŝŵŝǌĞ
ŝŵƉĂĐƚƐĂŶĚƉŽƚĞŶƟĂůĚĞůĂǇƐ͘
Flexibility
^/ŝƐĐƵƌƌĞŶƚůǇǁŽƌŬŝŶŐĨŽƌŝƚǇŽĨ^ƚŽĐŬƚŽŶŽŶ
ƐĞǀĞƌĂůƉƌŽũĞĐƚƐŝŶƚŚĞĂƌĞĂ͘dŚŝƐĂůůŽǁƐ'ƌĞŐĂŶĚEĞŝů DĂƚŚŝĞƐĞŶƚŽǁŽƌŬƚŽŐĞƚŚĞƌĂĐƌŽƐƐƐĞǀĞƌĂůƉƌŽũĞĐƚƐ͘
dŚŝƐǁŝůůĂůƐŽƉƌŽǀŝĚĞƐƵďƐƚĂŶƟĂůŇĞǆŝďŝůŝƚǇŽŶƉƌŽũĞĐƚ budget.

Relationships
^ŝŶĐĞϮϬϭϵ͕^/ŚĂƐďĞĞŶǁŽƌŬŝŶŐǁŝƚŚƚŚĞŝƚǇŽĨ
^ƚŽĐŬƚŽŶďĞŐŝŶŶŝŶŐǁŝƚŚDŝŶĞƌǀĞŶƵĞĂŶĚĐŽŶƟŶƵŝŶŐ
ǁŝƚŚŽƵƌKŶͲĂůůĨŽƌŽŶƐƚƌƵĐƟŽŶ/ŶƐƉĞĐƟŽŶ^ĞƌǀŝĐĞƐ͘
WƌŽũĞĐƚDĂŶĂŐĞƌ͕Žď>ŽZƵƐƐŽ͕W
͕ŝƐĞǆƚƌĞŵĞůǇ
ŬŶŽǁůĞĚŐĞĂďůĞǁŝƚŚƚŚĞŝƚǇ͛ƐĞŶŐŝŶĞĞƌŝŶŐĂŶĚ
ŝŶƐƉĞĐƟŽŶĞǆƉĞĐƚĂƟŽŶƐ͕ƉŽůŝĐŝĞƐ͕ĂŶĚƉƌŽĐĞĚƵƌĞƐ͘
Experience
^/͛ƐŬĞǇƐƚĂī͕ŽďĂŶĚ'ƌĞŐ͕ŚĂǀĞƉĞƌĨŽƌŵĞĚƚŚĞƐĞ
ĞǆĂĐƚƐĞƌǀŝĐĞƐĨŽƌǀĞƌǇƐŝŵŝůĂƌƉƌŽũĞĐƚƐ͘KƵƌŵŽƐƚ
relevant experience is the recently completed Cordova
WŽŽůZĞƉůĂĐĞŵĞŶƚĂŶĚ&ĂĐŝůŝƚǇ/ŵƉƌŽǀĞŵĞŶƚƐƉƌŽũĞĐƚ
ǁŚŝĐŚǁĂƐŵĂŶĂŐĞĚďǇ'ƌĞŐ^ŵŝƚŚĂŶĚƐƵƉƉŽƌƚĞĚďǇ
Žď>ŽZƵƐƐŽ͘
SAI encourage you to read about that experience in
more detail on page 28 and contact our references
ƚŽŚĞĂƌŚŽǁǁĞĐĂŶƉƌŽǀŝĚĞƚŚĞƐĂŵĞǀĂůƵĞƚŽǇŽƵƌ
DĐ<ŝŶůĞǇWĂƌŬZĞŶŽǀĂƟŽŶƉƌŽũĞĐƚ͘

EXHIBIT A

Page 13 of 35 ends

EXHIBIT 2
765
City of Stockton
ŽŶƐƚƌƵĐƟŽŶDĂŶĂŐĞŵĞŶƚ^ĞƌǀŝĐĞƐĨŽƌƚŚĞDĐ<ŝŶůĞǇWĂƌŬZĞŶŽǀĂƟŽŶ;WƌŽũĞĐƚEŽ͘tZϮϭϬϭϳͿ

Page 25 ends

Detailed Work Plan

INFORMATION MANAGEMENT SYSTEMS
Tracking Funding Sources
ŽŶƐƚƌƵĐƟŽŶĂĚŵŝŶŝƐƚƌĂƟŽŶĂŶĚĚŽĐƵŵĞŶƚĐŽŶƚƌŽů
ĂƌĞĞƐƐĞŶƟĂůƚŽĂƐƵĐĐĞƐƐ
ĨƵůƉƌŽũĞĐƚĂŶĚƚŽŵŝŶŝŵŝǌĞ
ĂĚĚŝƟŽŶĂůĐŽƐƚƐĂŶĚĐůĂŝŵƐ͕ĞƐƉĞĐŝĂůůǇǁŚĞŶƚŚĞƌĞ
ĂƌĞŵƵůƟƉůĞĨƵŶĚŝŶŐƐŽƵƌĐĞƐĨŽƌĂƉƌŽũĞĐƚ͘dŚĞsŝƌƚƵĂů WƌŽũĞĐƚDĂŶĂŐĞƌ;sWDͿŝƐĂĚŽĐƵŵĞŶƚĐŽŶƚƌŽůƐǇƐƚĞŵ
ƚŚĂƚƚƌĂĐŬƐƉƌŽũĞĐƚĐŽƌƌĞƐƉŽŶĚĞŶĐĞ͕Z&/͛Ɛ͕^ƵďŵŝƩĂůƐ͕
ŚĂŶŐĞKƌĚĞƌƐ͕WŽƚĞŶƟĂůŚĂŶŐĞKƌĚĞƌƐ͕WƌŽŐƌĞƐƐ
WĂǇŵĞŶƚƐ͕ĂŶĚWƵŶĐŚ>ŝƐƚͬWƌŽũĞĐƚůŽƐĞŽƵƚĂƐǁĞůůĂƐ
inspector daily reports.
ůůdĞĂŵDĞŵďĞƌƐ͕ŝŶĐůƵĚŝŶŐƚŚĞŝƚǇŽĨ^ƚŽĐŬƚŽŶ͕
ĐŽŶƚƌĂĐƚŽƌ͕ĂŶĚĚĞƐŝŐŶĞƌ͕ǁŝůůŚĂǀĞĂĐĐĞƐƐƚŽƚŚĞ
sWDϮϰͬϳ͕ĚĞƉĞŶĚŝŶŐŽŶĂĐĐĞƐƐĐƌŝƚĞƌŝĂ͕ĂŶĚĐĂŶŐĞƚ
ƵƉͲƚŽͲĚĂƚĞƉƌŽũĞĐƚŝŶĨŽƌŵĂƟŽŶ͘Žď>ŽZƵƐƐŽǁĂƐ
ƌĞƐƉŽŶƐŝďůĞĨŽƌĐƵƐƚŽŵŝǌŝŶŐƚŚĞsWDĨŽƌĂůŽĐĂůĂŐĞŶĐǇ ĐůŝĞŶƚƚŽĂĚŵŝŶŝƐƚĞƌĐŽŶƐƚƌƵĐƟŽŶƉƌŽũĞĐƚƐĂŶĚƌĞĚƵĐĞ
ƚŚĞŶƵŵďĞƌŽĨŚĂƌĚĐŽƉǇĮůĞƐĂŶĚƉĂƉĞƌ ͘^/ŚĂƐƵƐĞĚ
sWDŽŶŵŽƌĞƚŚĂŶϰϬĂƉŝƚĂů/ŵƉƌŽǀĞŵĞŶƚWƌŽũĞĐƚƐ
;/WͿĂŶĚƚŚĞĮůĞƐƚƌƵĐƚƵƌĞŚĂƐďĞĞŶƐƵĐĐĞƐƐĨƵůůǇ
ĂƵĚŝƚĞĚĂŶĚŝƐŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚĂůƚƌĂŶƐ>ŽĐĂů
Assistance Procedures Manual.
ŶŽƚŚĞƌĨĞĂƚƵƌĞĂŶĚďĞŶĞĮƚŽĨsWDŝƐƚŚĞĂďŝůŝƚǇƚŽ
ĞǆƉŽƌƚĂůůƚŚĞƉƌŽũĞĐƚĚŽĐƵŵĞŶƚƐŝŶƚŽĂƵŶŝǀĞƌƐĂůĮůĞ
ĨŽƌŵĂƚ;/^KͿ͘dŚŝƐƌĞĚƵĐĞƐƚŚĞŶƵŵďĞƌŽĨŚĂƌĚĐŽƉŝĞƐ
ƌĞƋƵŝƌĞĚĂƚƉƌŽũĞĐƚĐůŽƐĞŽƵƚ͘dŚĞ/^KĮůĞŝƐƵƐĞƌͲ
ĨƌŝĞŶĚůǇ͕ĞĂƐǇƚŽĂĐĐĞƐƐ;ŶŽƐĞƉĂƌĂƚĞƉƌŽŐƌĂŵŽƌůŽŐŝŶ ƌĞƋƵŝƌĞĚͿĂŶĚƉƌŽǀŝĚĞƐĂŶĞĸĐŝĞŶƚŵĞƚŚŽĚĨŽƌǀŝĞǁŝŶŐ
and archiving your documents.
^/ŝƐĐƵƌƌĞŶƚůǇƵƐŝŶŐsWDǁŝƚŚƚŚĞŝƚǇŽĨ^ĂĐƌĂŵĞŶƚŽ ŽŶƚŚĞ,^/W/ŵƉƌŽǀĞŵĞŶƚWƌŽũĞĐƚƐ͘
Monthly Budget Summaries
SAI understands the importance of tracking the
ĐŽŶƐƚƌƵĐƟŽŶďƵĚŐĞƚƚŚƌ
ŽƵŐŚŽƵƚƚŚĞĚƵƌĂƟŽŶŽĨƚŚĞ
ƉƌŽũĞĐƚ͘dŚŝƐĂůůŽǁƐƚŚĞŝƚǇWDƚŽŵĂŶĂŐĞĨƵŶĚŝŶŐ
ĂŶĚŝĚĞŶƟĨǇŝƐƐƵĞƐĞĂƌůǇŽŶ͘dŚĞ^/ƚĞĂŵǁŝůůƉƌŽǀŝĚĞ ĂDŽŶƚŚůǇƵĚŐĞƚ^ƵŵŵĂƌǇƐŚŽǁŝŶŐďŝĚŝƚĞŵ
ƋƵĂŶƟƟĞƐƚŽĚĂƚĞƚŚĂƚĂƌĞŽǀĞƌŽƌƵŶĚĞƌďŝĚƋƵĂŶƟƚǇ͕
WŽƚĞŶƟĂůŚĂŶŐĞKƌĚĞƌƐ͕ŚĂŶŐĞKƌĚĞƌƐ͕ƉŽƚĞŶƟĂů
ĐůĂŝŵƐ͕ĂŶĚĐŽŶƟŶŐĞŶĐǇ͘dŚŝƐďƵĚŐĞƚƐƵŵŵĂƌǇŚĂƐ
ďĞĞŶĂŐƌĞĂƚǁĂǇƚŽĨŽƌĞĐĂƐƚƉƌŽũĞĐƚďƵĚŐĞƚƐĂŶĚ
ĂůůŽǁƐƚŚĞŝƚǇWDƚŽŵŝƟŐĂƚĞĨƵŶĚŝŶŐŝƐƐƵĞƐƟŵĞůǇ͘

EXHIBIT A

Page 14 of 35 ends

EXHIBIT 2
766
City of Stockton
ŽŶƐƚƌƵĐƟŽŶDĂŶĂŐĞŵĞŶƚ^ĞƌǀŝĐĞƐĨŽƌƚŚĞDĐ<ŝŶůĞǇWĂƌŬZĞŶŽǀĂƟŽŶ;WƌŽũĞĐƚEŽ͘tZϮϭϬϭϳͿ

Page 26 ends

Detailed Work Plan
^/ĂůƐŽƵƐĞƐdͲdƌĂĐŬĞƌ͕ĂĐůŽƵĚͲďĂƐĞĚ>ŽĐĂů
Assistance Procedures Manual compliance tool.
^ƉĞĐŝĮĐĂůůǇ͕^/ƵƐĞƐƚŚĞZĞƐŝĚĞŶƚ
ŶŐŝŶĞĞƌ;Z
ͿŝĂƌǇ
ĨĞĂƚƵƌĞŝŶƚŚĞƐŽŌǁĂƌĞƚŽƐƚƌĞĂŵůŝŶĞƚŚĞĚĂƚĂĞŶƚƌǇ
ĂŶĚŐĞŶĞƌĂƟŽŶŽĨZ
ĚĂŝůǇĚŝĂƌŝĞƐƚŚĂƚĂƌĞĮůĞĚƵŶĚĞƌ
ĂƚĞŐŽƌǇϰϱŽĨƚŚĞĂůƚƌĂŶƐ&ŝůŝŶŐ^ǇƐƚĞŵ͘dŚŝƐŚĞůƉƐ
ŽƵƌZĞƐŝĚĞŶƚ
ŶŐŝŶĞĞƌƐƐĂǀĞƟŵĞĐŽŵƉĂƌĞĚƚŽũƵŐŐůŝŶŐ
tŽƌĚĚŽĐƵŵĞŶƚƐ͕ǁŚŝĐŚŝƐƚŚĞƉƌŽĐĞƐƐŵŽƐƚZ
ƐƵƐĞ͘
dͲdƌĂĐŬĞƌŚĂŶĚůĞƐĨŽƌŵĂƫŶŐĂŶĚŽƵƚƉƵƫŶŐĂůƚƌĂŶƐͲ
accepted RE Diaries in pdf format that are ready for
ƉĂƉĞƌŽƌĚŝŐŝƚĂůĮůŝŶŐ͘
/ŶĂĚĚŝƟŽŶƚŽƚŚĞsWDƉůĂƞŽƌŵĚĞƐĐƌŝďĞĚŝŶƚŚĞ
ƉƌĞǀŝŽƵƐƐĞĐƟŽŶ͕^/ƵƟůŝǌĞƐƚǁŽŽƚŚĞƌƵƐĞĨƵůƐŽŌǁĂƌĞ
ƉůĂƞŽƌŵƐǁŚĞŶŵĂŶĂŐŝŶŐĂĐŽŶƐƚƌƵĐƟŽŶƉƌŽũĞĐƚ͘
ƌŽƉďŽǆŝƐƵƐĞĚƚŽŵĂŶĂŐĞĂůůŝŶƚĞƌŶĂůƉƌŽũĞĐƚĮůĞƐ
ĂŶĚƉƌŽǀŝĚĞƐĂĚĚŝƟŽŶĂůĐŽǀĞƌĂŐĞǁŝƚŚĐůŽƵĚƐǇŶĐĂŶĚ
ďĂĐŬƵƉ͕ĂƐǁĞůůĂƐƉƌĞǀŝŽƵƐǀĞƌƐŝŽŶƌĞĐŽǀĞƌǇ͘WůĂŶŐƌŝĚ is used to track plan revisions and document issues as
ƚŚĞǇĂƌŝƐĞŝŶƚŚĞĮĞůĚ͘
dŚĞĞŶƟƌĞ^/ƐƚĂīǁŝůůƵƟůŝǌĞƉƉůĞŝWĂĚ͛ƐǁŝƚŚ
ĐĞůůƵůĂƌƐĞƌǀŝĐĞƚŽƉƌŽǀŝĚĞŚŽƚƐƉŽƚƐĨ
ŽƌĮůĞĂĐĐĞƐƐĂŶĚ
ƌĞĂůͲƟŵĞƵƉĚĂƚĞƐǁŚŝůĞŝŶƚŚĞĮĞůĚ͘

SAMPLE DAILY DIARIES
Cordova Community Pool Replacement Project

DAILY LOG REPORT
Tuesday, Nov 03 2020
WORKING DAY TYPE Working Day WORKING DAYS REMAINING 163 LAST UPDATED Nov 03 2020 12:35 pm LAST UPDATED BY Greg Smith

WEATHER
78°H 48°L
Mostly Sunny
Rancho Cordova, CA 95670

SUMMARY OF WORK
Stoney Masonry continued to install CMU block for the retaining walls. T&B concrete continue to install pool deck drains. Alessandro Electric continued to install light pole bases. Dutch Contracting continueE to grade for subgrade around the Activity Pool area. - Greg Smith, Nov 03 2020, 12:32pm

NEXT BUSINESS DAY

VISITOR LOG
*OTQFDUPShT$PNNFOUT

SAFETY OBSERVATIONS/CONCERNS
One of Stoney Masonry's workers was not wearing a hard hat I advised Rob Smith and he asked the mason to wear a hard hat while on site. The worker complied with the request.
- Greg Smith, Nov 03 2020, 12:35pm

TRADES/SUBCONTRACTORS/AREAS WORKED

RESIDENT ENGINEER REVIEW
LABOR:

NAME CONTRACTOR CLASSIFICATION BID ITEM # HRS:MINS RATE/HR Buongiarno, KC Stoney Masonry Superintendent 0000000000 8:00 0.00 Mclarney, Dennis Stoney Masonry Superintendent 0000000000 8:00 0.00 Feraire, Manuel T&B Concrete Carpenter 0000000000 8:00 0.00 Bevavides, Efrain T&B Concrete Superintendent 0000000000 8:00 0.00 3PC4NJUIXBTOPUJGJFEUIBUDMPTFEIFBEFSCMPDLTBSFSFRVJSFEBUEPPSXBZT3PC4UBUFEUIFNBTPOTXJMMQSPWJEFDMPTFEIFBEFSCMPDLTBUPQFOJOHT

EXHIBIT A

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EXHIBIT 2
767
City of Stockton
ŽŶƐƚƌƵĐƟŽŶDĂŶĂŐĞŵĞŶƚ^ĞƌǀŝĐĞƐĨŽƌƚŚĞDĐ<ŝŶůĞǇWĂƌŬZĞŶŽǀĂƟŽŶ;WƌŽũĞĐƚEŽ͘tZϮϭϬϭϳͿ

Page 27 ends

Detailed Work Plan
Blackwell, Lewis Harrison Drywall Carpenter 0000000000 8:00 0.00 Meza, Isaiae Harrison Drywall Carpenter 0000000000 8:00 0.00 Gladin, Ron Marquee Fire Sprinklers Pipe Fitter 0000000000 8:00 0.00 Meadows, marty WWF Contractors/Plumbing Plumber 0000000000 8:00 0.00 Hangley, Glenn Crusader Fence Laborer 0000000000 8:00 0.00 Reyes, Coco Harrison Drywall Carpenter 0000000000 8:00 0.00 Lopez, Jesus Harrison Drywall Carpenter 0000000000 8:00 0.00 Gomez, Richard SW Allen Carpenter 0000000000 8:00 0.00
Dehart, Clay SW Allen Carpenter 0000000000 8:00 0.00
Spaller, Vic McCumbers Glass Glazier 0000000000 8:00 0.00 McCumber, Jeff McCumbers Glass Glazier 0000000000 8:00 0.00 Kennesy, Tim McCumbers Glass Glazier 0000000000 8:00 0.00 Hudson, Dan Hudson Doors Carpenter 0000000000 8:00 0.00 Leonardo, Jake Hudson Doors Carpenter 0000000000 8:00 0.00 martell, logan WWF Contractors/Plumbing Plumber 0000000000 8:00 0.00 Sullivan, Justin T&B Concrete Laborer 0000000000 8:00 0.00 Wolf, Shon T&B Concrete Laborer 0000000000 8:00 0.00
Hall, Mike Dutch Contracting Operator 0000000000 8:00 0.00 Solorio, Miguel Dutch Contracting Operator 0000000000 8:00 0.00 Sanchez, Ario Dutch Contracting Laborer 0000000000 8:00 0.00 ATTACHMENTS:

EXHIBIT A

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EXHIBIT 2
768
Based on 240 working days. Assume NTP in April 2024
Work Days Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 Apr-25 May-25 20 240
20 Personnel Role DBE Firm Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 Apr-25 May-25 Total Hrs Hrly Rate Total Cost Bob LoRusso, PE PM/Resident Engineer SAI 10 20 20 20 20 20 20 20 20 20 20 20 20 20 10 280 $235.00 $65,800 Greg Smith Construction Manager/Inspector SAI 60 168 168 168 168 168 168 168 168 168 168 168 168 168 60 2304 $180.00 $414,720 Chase Alexander Office Engineer/Inspector SAI 20 84 84 84 84 84 84 84 84 84 84 84 84 84 30 1142 $165.00 $188,430 Neil Matheison Inspector (As-needed) SAI $175.00 As Needed Geocon Materials Sampling/Testing/Special Inspection GEO Allowance $62,920 CASI Administration/Labor Compliance X CASI 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 150 $150.00 $22,500

0.6 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7 0.7 1.5 $754,370 McKinley Park Renovation Engineer's Estimate: $8,000,000 Construction Management Costs as a % of Construction Estimate: 9.4% Stage / Phase & Description
Pre-Construction Activities
Construction Activities
Equivalent full-time persons per month = total hours / 168 hours Project Close-Out
Average staffing per month for the entire project.

Salaber Associates, Inc.

City of Stockton, McKinley Park Renovation
Construction Management Services Cost Proposal Estimate Notes
Notes:
1) Hourly rates are all inclusive. They include all vehicle and vehicle expenses, standard inspection and safety equipment, cel l phones, computers, printers, and other small incidentals. All personnel are paid, at a minimum, the Base Hourly Rate and Total Hourly Rate of the General Prevailing Wage Determination made by the Director of Industrial Relations Pursuant to California Labor Code for Commercial, Building, Highway, Heavy Construction and Dredging Projects. 2) Overtime Rates: Overtime is paid per State requirements, which generally requires payment of overtime (1.5 times regular hourly rate) to non-exempt employees for any hours in excess of eight (8) hours and less than twelve (12) hours per day and on Saturdays, and double time for any hours in excess of twelve (12) hours per day and work on Sunday or holidays. Exempt employees (generally licensed profes sionals) who work on the job site are generally paid straight time hourly rates for overtime. This results in the following bill able rates for overtime: licensed Resident Engineers and Structure Representatives are the same rate as straight time, all other personnel are billed at the st raight time billable hourly rate plus 25% (ie. Construction Inspector (Group 2) = $165 x 1.25 = $206) for OT that is 1.5x, and plus 50% ($165 x 1.5 = $248) for DT that is 2.0x. Second Shift rates add $15/hour on ST Rates for non -exempt employees, plus % for OT. Overtime costs have not been included in this cost estimate. 3) No sub-consultant markup for administration and management has been included in their hourly rates. 4) All costs for field office space, field office equipment, and technical field equipment for sole use on the project will b e billed and reimbursed at the actual lease/rental rates, with no mark-up.

EXHIBIT B

Page 17 of 35 ends

EXHIBIT 2
769
REV 2022‐05‐17
Insurance Requirements for Professional Services
Construction Management Services for McKinley Park Renovation Consultant shall procure and mai
ntain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

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

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

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

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

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

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

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

EXHIBIT C

Page 18 of 35 ends

EXHIBIT 2
770
REV 2022‐05‐17

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

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

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

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

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this

EXHIBIT C

Page 19 of 35 ends

EXHIBIT 2
771
REV 2022‐05‐17

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

Self-Insured Retentions

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

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

Claims Made Policies
If any of the required policies provide claims-made coverage:

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

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

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

EXHIBIT C

Page 20 of 35 ends

EXHIBIT 2
772
REV 2022‐05‐17

Verification of Coverage

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

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

Certificate Holder Address

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

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

EXHIBIT C

Page 21 of 35 ends

EXHIBIT 2
773

EXHIBIT D

Page 22 of 35 ends

EXHIBIT 2
774

EXHIBIT D

Page 23 of 35 ends

EXHIBIT 2
775

EXHIBIT D

Page 24 of 35 ends

EXHIBIT 2
776

EXHIBIT D

Page 25 of 35 ends

EXHIBIT 2
777

EXHIBIT D

Page 26 of 35 ends

EXHIBIT 2
778

EXHIBIT D

Page 27 of 35 ends

EXHIBIT 2
779

EXHIBIT D

Page 28 of 35 ends

EXHIBIT 2
780

EXHIBIT D

Page 29 of 35 ends

EXHIBIT 2
781

EXHIBIT D

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EXHIBIT 2
782

EXHIBIT D

Page 31 of 35 ends

EXHIBIT 2
783

EXHIBIT D

Page 32 of 35 ends

EXHIBIT 2
784

EXHIBIT D

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EXHIBIT 2
785

EXHIBIT D

Page 34 of 35 ends

EXHIBIT 2
786

EXHIBIT D

Page 35 of 35 ends

EXHIBIT 2
787
Local Construction Contract – JOHN F. OTTO, INC., DBA OTTO CONSTRUCTION – PROJECT NO.

WR21017 (Updated 04/24/23)

CONSTRUCTION CONTRACT
This contract is made and enter ed into on _____________, by and between JOHN F. OTTO, INC., DBA OTTO CONSTRUCTION , a STATE OF CA CORPORATION, with a business address at 1717 2ND STREET, SACRAMENTO, CA 95811, 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 MCKINLEY PARK

RENOVATION (PROJECT
NO. WR21017) , hereinafter called “PROJECT,” were
regularly adopted by Council Resolution No. __________________ , on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

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

CONTRACTOR agrees:

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

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the Cit y of Stockton. Total compensation for services and reimbursement for costs shall not exceed $ 11,394,400.00, or as otherwise mutually agreed to in a Contract Change Order.

3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specif ied 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 Stockt on Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No . 2016-09-27, effective September 27, 2016.

EXHIBIT 3

Page 1 of 51 ends

788

Local Construction Contract – JOHN F. OTTO, INC., DBA OTTO CONSTRUCTION – PROJECT NO.

WR21017 (Updated 04/24/23) It shall be a requirement under this agreement that any av ailable insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

The limits of insurance requir ed in this agreement may be sati sfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contai n a provision that such co verage 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 agreem ent) before the City of Stockton’s own insurance or self- insurance shall be called upon to protect it as a named insured.

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

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

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

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

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

CONTRACTOR agrees to include with all Subcont ractors 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 ag ree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity

Page 2 of 51 ends

EXHIBIT 3
789

Local Construction Contract – JOHN F. OTTO, INC., DBA OTTO CONSTRUCTION – PROJECT NO.

WR21017 (Updated 04/24/23) and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California, Contractor shall indemnify, protect, defend with counsel approved by City and at Contractor’s sole cost and expense, and hold harmless the City, it s officers, officials, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notic es, 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, deat h or injury to persons, or damage to property, which aris e out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, State, or municipal law or ordinance, or City Policy, by Contractor or Contractor’s officers, agents, employees, volunteers or subcontractors. Contractor shall not be obligated to indemnify or defend City for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the City. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of Contractor to City, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by C ontractor under the law.

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

With exception that this section shall in no event be construed to require indemnification, including the duty to defend, by Contractor to a gr eater 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 clai m against the City for damages which arise out of or are in any way co nnected with the work performed, materials furnished, or services provided under this Ag reement by Contractor or Contractor’s officers, agents, employees, vo lunteers or subcontractors. Contractor’s duties and obligations to defend the City shall apply regardless of whethe r or not the issue of the City’s liability, breach of this Agreement, or other obligation or fault has been determined.

Contractor shall be immediat ely 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, othe r witness fees, document repr oduction costs, arbitration fees, and, if after final judgm ent an appeal is pursued, all of such costs for the appeal.

At the conclusion of the claim, if there is any determinati on or finding of sole active negligence or willful misconduct on the part of the City, Cit y will then reimburse Contractor for amounts paid in excess of Contractor’s pr oportionate share of responsibility for the damages within 30 days after Contractor prov ides City with copie s
of all bills and expenses incurred in the defense of the claim(s). It is agreed between the

Page 3 of 51 ends

EXHIBIT 3
790

Local Construction Contract – JOHN F. OTTO, INC., DBA OTTO CONSTRUCTION – PROJECT NO.

WR21017 (Updated 04/24/23) parties that this reimbursemen t provision assures Contractor is not obligated to defend or indemnify City in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

With the exception that this section sh all in no event be construed to require indemnification by Contractor to a greater extent than pe rmitted under the public policy of the State of California, and in addition to the other i ndemnity obligations in this Agreement, Contractor shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers from and against all claims, losses, expenses, and costs including, but not limited to, attorneys’ fees, arising out of any claim brought against the City by an employee, office, agent, or volunteer of Contractor, regardless of whether such claim may be covered by any applicable workers compensation insurance.

Contractor’s indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compens ation, or benefits payable by or for the Contractor under workers’ compensation acts, disability acts, or other employee benefit acts.

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

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

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

The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, th e 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 unconsti tutional, such decision shall not affect the validity of the remaining portions of this indemnification.

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

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 250 WORKING DAYS beginning on the tenth calendar day after

Page 4 of 51 ends

EXHIBIT 3
791
Local Construction Contract – JOHN F. OTTO, INC., DBA OTTO CONSTRUCTION – PROJECT NO.

WR21017 (Updated 04/24/23)
the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the cont ract in all parts and requirements, is not finished or completed within the number of days as set fo rth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of FOUR THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($4,800.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to char ge 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 ov erhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of fi nal surveys and preparation of final estimate shall not be included in such charges.

A working day shall not include, nor sha ll CONTRACTOR be assessed with liquidated damages nor the additional cost of engineeri ng 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, fl oods, epidemics, quarantine restri ctions, strikes, and freight embargoes and subject to approval by the Direc tor 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 beginni ng 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.

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 employme nt of persons or in the prov ision of services under this

Page 5 of 51 ends

EXHIBIT 3
792

Local Construction Contract – JOHN F. OTTO, INC., DBA OTTO CONSTRUCTION – PROJECT NO.

WR21017 (Updated 04/24/23) Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

a. TITLE VI

Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits o f, or be subjected to discrimination under any pr ogram or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

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

b. DISCRIMINATION AND HARASSMENT POLICY

The City of Stockton has a Discriminat ion 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, investigat ing, and resolving complaints of discrimination and harassment in the workplace.

c. LABOR STANDARDS PROVISIO NS/CALIFORNIA LABOR CODE

The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the Calif ornia Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.

d. PREVAILING WAGE

CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provis ions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773. 1, apprenticeship or other training programs authorized by Se ction 3093 and similar pu rposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of t he wage rate determination and shall

Page 6 of 51 ends

EXHIBIT 3
793

Local Construction Contract – JOHN F. OTTO, INC., DBA OTTO CONSTRUCTION – PROJECT NO.

WR21017 (Updated 04/24/23) distribute copies to each subcontract or. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.

i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.

ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual co st of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of Califo rnia. To forfeit as a penalty to CITY the sum of TWENTY-FIVE 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 violat ion 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 ma de under the terms of this contract.

iii. The CONTRACTOR to whom the cont ract 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 Co mpliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.

iv. The CONTRACTOR shall comply wit h the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval

Page 7 of 51 ends

EXHIBIT 3
794

Local Construction Contract – JOHN F. OTTO, INC., DBA OTTO CONSTRUCTION – PROJECT NO.

WR21017 (Updated 04/24/23) by local joint apprenticeship committees for the employment and training of apprentices, and 2) contri bution of funds to administer and conduct apprenticeship programs, if applicable to the job.

e. LOCAL EMPLOYMENT ORDINANCE

Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good fa ith effort to employ at least 50 percent of the workforce on this proj ect 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. CONT RACTORS and subcontractors shall maintain records necessary for moni toring their compliance with section

3.68.095.

f. COMMUNITY WORKFORCE TRAINING AGREEMENT

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

g. SANCTIONS

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

CITY agrees:

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

Page 8 of 51 ends

EXHIBIT 3
795

Local Construction Contract – JOHN F. OTTO, INC., DBA OTTO CONSTRUCTION – PROJECT NO.

WR21017 (Updated 04/24/23)

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

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

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

Processing of change orders shall be in accordance with Section 4-1. 05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specif ications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.

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

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

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

Page 9 of 51 ends

EXHIBIT 3
796

Local Construction Contract – JOHN F. OTTO, INC., DBA OTTO CONSTRUCTION – PROJECT NO.

WR21017 (Updated 04/24/23)

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

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

A T T E S T : C I T Y :

ELIZA R. GARZA, CMC

CITY CLERK

B y :

By: HARRY BLACK

CITY MANAGER

APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
B y :

JOHN F. OTTO, INC., DBA

OTTO CONSTRUCTION
B y :

DEPUTY CITY ATTORNEY
Tax Identification No.

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EXHIBIT 3
797

EXHIBIT A

Page 11 of 51 ends

EXHIBIT 3
798
REV 2022‐05‐17
Insurance Requirements
(McKinley Park Renovation Project WR21017)
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 $5,000,000 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.

4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

5. Surety Bonds as described below.

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

Self-Insured Retentions

EXHIBIT B

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EXHIBIT 3
799
REV 2022‐05‐17

Other Insurance Provisions

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

EXHIBIT B

Page 13 of 51 ends

EXHIBIT 3
800
REV 2022‐05‐17

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

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City of Stockton as a loss payee as their interest may appear.

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

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

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

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

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

EXHIBIT B

Page 14 of 51 ends

EXHIBIT 3
801
REV 2022‐05‐17

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.

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.

Duration of Coverage

EXHIBIT B

Page 15 of 51 ends

EXHIBIT 3
802
REV 2022‐05‐17

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 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.

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

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EXHIBIT 3
803

EXHIBIT C

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EXHIBIT 3
804

EXHIBIT C

Page 18 of 51 ends

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838
1 BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:

That
we, JOHN F. OTTO, INC., DBA OTTO CONSTRUCTION, a STATE OF CA 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, 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 cor porations 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 ELEVEN MILLION THREE HUNDRE D NINETY-FOUR THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($11,394,400.00), 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 sa id 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, wit h the CITY, to do and perform the following work, to-wit:

2 contracted to be done, or for any work or la bor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and pr oceedings 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 CI TY and no forbearance on the part of the said CITY shall operate to relieve any sure ty 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.

S I G N E D A N D S E A L E D o n .

APPROVED AS TO SURETY: By:

P R I N C I P A L

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

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY

B y :

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

DEPUTY CITY ATTORNEY

EXHIBIT 3
840

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN 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:

MCKINLEY PARK RENOVATION
(PROJECT NO. WR21017)
NOW, THEREFORE, if the above bounde d Principal, CONTRACTOR, Company or
Corporation or its subcontract or, 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 3
3 841
provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND
SEALED on

APPROVED AS
TO SURETY: By:

P R I N C I P A L

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

JOHN M. LUEBBERKELORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
B y
:

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

DEPUTY CITY ATTORNEY
EXHIBIT 3
4 842
McKinley Park Renovation,
Project No. WR21017
Public Works Department
February 6, 2024
Item No. 15.2
843
McKinley Park
• Corner of El Dorado & Eighth Street
• 22.3-acre park site
• Largest municipal park in South Stockton
• 2015 Pool closed due to vandalism
• Park is currently used for weekend
sporting events
844

PROJECT IMPROVEMENTS
New Shade
Structures
(2)
Basketball/Futsal Courts
Refurbish Soccer Field
and Perimeter Path
Softball Field Concrete Pathway with
Lighting
Exeloo Restroom
Reconstruct
Parking Lot
Pool House and
Renovate Pool
Approximately 150 Trees
Playground
Shade Structure
845

RENDERINGS
Exeloo Restroom
Shade Structure
Playground Area
Pool House
846

PROJECT SCHEDULE
 2021-2023 – Design (Callander Associates)
 October 2023 – Advertise for Construction
 December 2023 – Bids opened
 February 2024 - Award Construction Contract (Otto Construction)  May 2024 - Begin Construction
 Fall 2025 - Complete Construction (weather & material lead times permitting)
847

TOTAL PROJECT FUNDING
 State Funds ($13.75M)
o $8.5M in Proposition 68 (2018 Park Bond Act)
o $2.7M in State Budget Act 2021
o $1.8M in State Budget Act 2022
o $750,000 in Transformative Climate Communities Program  $1,887,000 from Measure M Strong Communities Fund
 $200k from Touchless Restroom, Project No. WP22016
 Total Funding- $15,837,000
848

RECOMMENDATION
 City Council adopt a resolution authorizing the City Manager to:
 Appropriate funds in the amount of $750,000 from the
Transformative Climate Communities Program to the McKinley Park Renovation, Project No. WR21017.
 Transfer funds in the amount of $200,000 from the Touchless Restroom, Project No. WP22016, to the McKinley Park Renovation, Project No. WR21017.
 Approve an Agreement between the City of Stockton and San Joaquin County Office of Education dba Greater Valley
Conservation Corps in the amount of $280,429 for the McKinley Park Renovation, Project No. WR21017.
 Award a Professional Services Contract in the amount of $754,370 to Salaber Associates, Inc. of Rancho Cordova, CA, for construction management services for the McKinley Park Renovation, Project No. WR21017.
849

RECOMMENDATION
 City Council adopt a resolution authorizing the City Manager to:
 Approve findings pursuant to Stockton Municipal Code section

3.68.070 in support of an exception to the competitive bidding process.
 Approve and establish the Pre-Qualified Bidders List for the McKinley Park Renovation, Project No. WR21017.
 Approve the plans and specifications for the McKinley Park Renovation, Project No. WR21017.
 Award a Construction Contract in the amount of $11,394,400 to John F . Otto, Inc. dba Otto Construction of Sacramento, CA, for the McKinley Park Renovation, Project No. WR21017.
850
QUESTIONS?
851
City of Stockton
Legislation Text
File #: 24-0069, Version: 1

ADOPT A RESOLUTION TO TRANSITION THE MANAGEMENT AND OPERATIONS OF AQUATIC

PROGRAMMING AT CITY POOLS TO THE COMMUNITY SERVICES DEPARTMENT, APPROVE

SIX PART TIME, UNREPRESENTED, AND UNCLASSIFIED POSITIONS, AND AMEND THE FISCAL YEAR 2023-2024 ANNUAL BUDGET

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

1. Approve transitioning the management and operations of aquatic programming of Brooking Park, Holiday Park, McKinley Park, Oak Park, Sousa Park, and Victory Park Pools to the Community Services Department.

2. Approve six part-time, unrepresented, and unclassified positions in the Community Services Department, Pool Manager, Assistant Pool Manager, Lifeguard, Senior Lifeguard, Aquatics Instructor, and Aquatics Assistant, and assign salary ranges for those positions.

3. Amend the Fiscal Year 2023-24 Annual Budget to appropriate $87,000 from Measure M fund balance to Recreation - Aquatics Division accounts for the operation of Brooking Park, Holiday Park, and Oak Park pools through June 30, 2024.

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

Summary
The Community Services Department - Recreation Division has provided community aquatic services at four City pool facilities through an agreement with private non-profit operators since 2003.

The most recent agreement expired on December 31, 2023.

Staff recommends transitioning the management and operations of Brooking Park, Holiday Park, McKinley Park, Oak Park, Sousa Park, and Victory Park pools in-house to the Community Services Department to enhance efficiency, maintain safety standards, improve service quality, and provide better control over City pools.

DISCUSSION
Background
The City owns seven pools located at Brooking Park, Holiday Park, McKinley Park, Oak Park, City of Stockton Printed on 2/2/2024Page 1 of 3
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File #: 24-0069, Version: 1
Sherwood Park, Sousa Park, and Victory Park pools. Sherwood Park pool is operated and maintained by Sherwood Homeowners Association. Victory Park and McKinley Park pools are currently closed and non-operational due to age and vandalism damage. However, both pools are in the planning and design process to either be restored (McKinley) or rebuilt (Victory). The City is currently responsible for operating the four remaining pools at Brooking, Holiday, Oak, and Sousa Park pools. When work at McKinley and Victory Park pools is complete, the City will be responsible for operating those pools as well.

On January 5, 2017, the City issued an RFP for a single aquatic facilities management organization.

Three proposals were received, and the YMCA of San Joaquin was selected to operate the aquatic facilities. The YMCA operated Brooking, Oak, and Sousa Park pools since 2017, and added Holiday Park pool in 2019. This agreement with the YMCA ended on December 31, 2021.

It has become increasingly more challenging to secure an outside pool operator. The City issued the most recent RFP for aquatic facilities management on March 23, 2023, for Brooking Park, Holiday Park, Oak Park, and Sousa Park pools. On April 13, 2023, only one proposal was received, and Pools and Lifeguard Management LLC was selected. The City and Pools and Lifeguard Management LLC entered into an agreement on May 17, 2023, for one swim season through December 31, 2023.

Pools and Lifeguard Management LLC operated Holiday, Oak, and Sousa Park pools in 2023.

Brooking Park pool was closed in 2023 due mechanical and safety failures.

Present Situation
The agreement between the City and Pools and Lifeguard Management LLC expired on December 31, 2023. Staff recommends transitioning the management and operations of Brooking, Holiday, McKinley, Oak, Sousa, and Victory Park pools in-house to the Community Services Department to enhance efficiency, maintain safety standards, improve service quality, and provide better control over City pools.

Additional staff are needed to manage and support the daily operations of City pools. The Community Services Department and Human Resources Department worked closely together to create a series of classification specifications to support these new initiatives (Exhibit 1 to the Resolution). Human Resources staff completed an external market survey as well as an internal equity evaluation. Based on analysis of the information collected, staff recommends the following salary range:

CLASSIFICATION
Pool Manager 21.84$ 22.99$ 24.20$ 25.47$ 26.81$ Assistant Pool Manager 20.10$ 21.16$ 22.27$ 23.45$ 24.68$ Lifeguard 17.45$ 17.99$ 18.55$ 19.12$ 19.71$ Senior Lifeguard 18.70$ 19.64$ 20.45$ 21.07$ 21.72$ Aquatics Instructor 19.45$ 20.16$ 20.89$ 21.64$ 22.43$ Aquatics Assistant 16.10$ 16.76$ 17.37$ 18.00$ 18.54$

PROPOSED HOURLY WAGE
All City swimming pools need significant repair or replacement. With Strong Communities funds, design and renovation plans are in process for McKinley Park pool as part of the larger renovation project funded by a Proposition 68 grant. On November 16, 2021, City Council allocated funds to City of Stockton Printed on 2/2/2024Page 2 of 3
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repair cracking and chipping plaster in Sousa Park Pool. Due to these repairs, Sousa Park pool will be closed for the 2024 swim season. On November 23, 2021, the RFP for the renovation or replacement of Victory Park pool was published. On May 1, 2023, Public Works issued an emergency PO to Burkett’s Pool Plastering, Inc. of Ripon, CA, due to Brooking Park pool experiencing multiple mechanical and safety failures. These emergency pool repairs, and replastering of Brooking Pool were completed on August 22, 2023. These repairs resulted in Brooking Park pool being closed for the 2023 swim season. In February 2024, the City retained Aquatic Design Group, Inc. to conduct an evaluation and assessment of pools citywide. Their work will include an analysis of each pool facility and is expected to be completed in March 2024. McKinley Park pool is expected to open in summer 2025, and Victory Park pool could open as early as summer 2025. In 2025, the City may have six pools available to open to the public.

FINANCIAL SUMMARY
Operating expenditures for pools at Brooking, Holiday, Oak Park, Sousa and partial-year expense for Victory Park were included in the Fiscal Year 2023-24 budget. However, despite the plan to operate three pools and savings from third party operator expense, the projected incremental cost to bring pool operations in-house is estimated at $87,000 for the swim season ending June 30, 2024. The incremental cost includes an estimate for the cost of insurance and ADA-compliant lifts for each pool.

A proposed Council Resolution is attached to reallocate funding from Measure M fund balance to supplement the adopted budget. If approved, the resolution will provide sufficient funds for pool operations for Fiscal Year 2023-24. The budget request for subsequent years will be submitted for approval as part of the annual budget process.

Description
Amount Account
FY 2023-24 Adopted
Aquatics Budget-Measure M $1,023,784 5025-000-xxxxxx-210-000-50-50-000-000- FY 2023-24 Adopted
Aquatics Budget-Gen’l Fund $ 79,177 5025-000-xxxxxx-100-125-50-50-000-000- Incremental expenditure $ 87,000 5025-000-610001-210-000-50-50-000-000- There is no impact to the City’s General fund or any other unrestricted fund as a result of taking the recommended action.

City of Stockton Printed on 2/2/2024Page 3 of 3
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854
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION TRANSITIONING THE MANAGEMENT AND OPERATION OF

AQUATIC PROGRAMMING AT CITY POOLS TO THE COMMUNITY SERVICES

DEPARTMENT, APPROVE SIX PART TIME, UNREPRESENTED, AND
UNCLASSIFIED POSITIONS, AND AMEND THE FISCAL YEAR 2023 -2024 ANNUAL BUDGET

On August 5, 2021, the City issued a Request for Proposal (RFP) for a multi -year agreement with a single operator for all City operated swimming pools; and

The City received two proposals and, based on criteria including professional qualifications, agency experience, and financial capabilities, the City deemed YMCA of San Joaquin (YMCA) the most qualified; and

On May 24, 2022, the City and the YMCA of San Joaquin entered into a multi-year agreement to operate all City swimming pools; and

On March 10, 2023, the YMCA of San Joaquin notified the City that they are terminating their agreement and will not be operating any City owned pools moving forward; and

On March 23, 2023, the City issued a Request for Proposal (RFP) for a single-year agreement with a single operator for all City operated swimming pools; and

The City received one proposal and, based on criteria including professional qualifications, agency experience, and financial capabilities, the City deemed Pools and Lifeguard Management LLC the most qualified; and

On May 17, 2023, the City and Pools and Lifeguard Management entered i nto a single year agreement to operate all City swimming pools; and

On December 31, 2023, the agreement between the City and Pools and Lifeguard Management expired; and

The City has contracted out the operations and management of aquatics programming at City Pools for several years. The number of aquatic operators in the area is limited and makes it difficult to grow aquatics programming. Providing these services in-house will enhance efficiency, maintain safety standards, improve service quality, and provide better control over City Pools; now, therefore, //
//
855

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

1. Transition of the management and operations of aquatic programming of Brooking, Holiday, McKinley, Oak , Sousa, and Victory Park Pools to the Community Services Department.

2. Establish six part-time, unrepresented, and unclassified positions in the Community Services Department, Pool Manager, Assistant Pool Manager, Lifeguard, Senior Lifeguard, Aquatics Instructor, and Aquatics Assistant and assign salary ranges (See Exhibit 1, incorporated by this reference).

3. The Fiscal Year 2023-24 Annual Budget is amended to appropriate $87,000 from Measure M fund balance to Recreation – Aquatics Division accounts for the operation of Brooking, Holiday, and Oak Park pools.

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

PASSED, APPROVED, AND ADOPTED February 6, 2024 .

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

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

856
Established --/--/----
Resolution: CC---
Spec Adopted: --/ --/----
Resolution: CS---
CS Status: Unclassified
Unit: N/A
FLSA Status: Non-Exempt
City of Stockton

POOL MANAGER
(Part-time Seasonal)

DEFINITION
Under general supervision, plans, leads, assigns, schedules, and participates in the work of staff responsible for performing aquatics duties at the City’s aquatics facilities. Assists with the day-to- day aquatic’s operations, ensures that facilities are prepared and maintained for public use , and provides administrative support in the delivery of aquatics programs . Monitors activities in the water, pool, decks, and ancillary areas of City aquatics facilities to ensure the safety of patrons; explains and enforces aquatics policies, regulations, and rules; performs rescues and administers first aid, CPR, and AED as needed; and performs related work as required.

CLASS

CHARACTERISITICS
This is the senior-level classification in the Aquatics series responsible for assisting the Recreation Coordinator in planning, overseeing, and directing the operations, services, staff, and activities of various aquatics areas. Incumbents may also participate in operational activities, such as lifeguarding a nd class instruction. Performance requires ability to work independently with initiative and discretion within established guidelines. Incumbents are responsible for establishing objectives, timelines, and methods to deliver services. Work is reviewed upon completion for soundness, appropriateness, and conformity to policy and requirements. This classification is distinguished from the Assistant Pool Manager by the assignment of more complex tasks requiring a greater level of technical and specialized knowl edge and a higher degree of independent judgment, including serving in a lead capacity over lower-level staff.

PRINC
IPAL DUTIES (Illustrative Only)
Duties may include, but are not limited to, the following:
• Plans, leads, assigns, directs, and participates in the work of staff responsible for performing lifeguard duties at the City’s aquatics facilities; assigns lifeguard staff to daily rotation schedules, ensuring proper coverage at all times.
• Receives and responds to questions, concerns, and complaints from patrons; determines issues and resolves or refers to Recreation Coordinator or Recreation Supervisor as appropriate. • Leads training sessions, including safety drills and other emergency procedures; ensures that aquatics staff attend required trainings and maintains related records. • Oversees daily operations in the absence of the Recreation Coordinator. • Provides aquatic safety and supervision for patrons; monitors activities in the water, pool decks, and ancillary areas of City aquatics facilities to prevent accidents and to ensure the safety and well-being of patrons.

EXHIBIT 1
857
• Implements and monitors City policies and procedures; enforces aquatics regulations; cautions patrons regarding unsafe activities.
• Performs the work of lower- level staff, including, but not limited to, all required lifeguard - training skills and class instruction as needed.
• Monitors facility use; responsible for opening, closing, and securing the facility, including setting and disarming alarm systems; checking equipment and placing in the proper location; performing pool chemistry testing; covers and uncovers the pool; sets or removes lane lines; powers up and turns off electrical equipment and computers; ensures pool area is cleared prior to closing facility.
• Inspects and maintains swimming and pool equipment for functionality; ensures proper placement and availability in the pool area; recommends maintenance and repair as needed. • Maintains records of participation and completes required reports. • Performs routine administrative duties including answering phone calls, counter reception, cash handling, and participant registration.
• Gives direction to swim instructors in planning and organizing class teaching outlines, methods, and goals that support the general teaching outlines provided by the American Red Cross Learn to Swim Program.
• May be required to organize and direct activities of assigned students to provide a high level of quality instruction to all students in the absence of a swim instructor. • Ensures that all aquatics program participants have completed necessary paperwork and waivers, are attending classes regularly, receive appropriate certificates/awards and maintain course records at the end of the session.
• Assists with City special events as needed.
• Represents the City with dignity, integrity, and the spirit of cooperation in all relations with staff and the public.
• Fosters an environment that embraces integrity, service, inclusion, and collaboration. • Builds and maintains positive working relationships with co- workers, other City employees and the public using principles of good customer service. • Performs related duties as assigned.

QUALI

FICATIONS
Knowledge of:
• Principles of leadership in an aquatics environment;
• Principles and techniques of lifeguarding, including lifesaving methods and procedures; • Organization and operation of the aquatics facilities , including maintenance, occupational hazards, and standard safety practices;
• Operational characteristics of water rescue safety equipment and devices; • Modern office practices, methods, and computer equipment and applications related to the work;
EXHIBIT 1
858
• Relevant laws, rules, regulations, policies, and procedures; • Safe work practices; and
• Principles and practices of excellent customer service.

Sk
ill in:
• Working efficiently within the parameters of an established Emergency Action Plan; • Understanding and maintaining the organization and operation of the City's aquatics facilities; • Learning, monitoring, and enforcing City's regulations, policies, and procedures; • Reacting to and handling water rescue and medical emergencies in a safe and effective manner; • Administering first aid, CPR, and AED as needed;
• Exiting from a pool/attraction at any point without the use of ladders, steps, or a zero-depth exit;
• Surface diving, feet-first or head-first, to the bottom of the pool to retrieve a 10-pound object. • Using appropriate safe work practices and equipment;
• Keeping basic written records of work performed and assist with training; • Understanding and carrying out oral and written instructions and prioritize workload to meet deadlines;
• Reading, writing, and comprehending the English language at a level necessary for effective job performance exercising correct English usage, vocabulary, spelling, grammar and punctuation;
• Communicating effectively, tactfully and positively in both oral and written form; • Operating and using modern office equipment and technology, including computers and applicable software;
• Utilizing appropriate safety procedures and practices for assigned duties; • Establishing and maintaining effective working relationships with those contacted in the course of work; and
• Contributing effectively to the accomplishments of City goals, objectives, and activities.

Ed
ucation/Experience:

Pos
session of a high school diploma or GED (or a current high school student) and at least one (1) season of experience at an Assistant Pool Manager level.

Other Requirements:
• Must be at least 18 years old of age.
• Must possess a current American Red Cross Lifeguard Certification including First Aid for Public Safety Personnel (Title 22), Administering Emergency Oxygen, Anaphylaxis and Epinephrine Auto-Injector, Blood borne Pathogens and Asthma Inhaler Training. • Must possess a current American Red Cross Lifeguard Instructor Certification. • Must possess a current American Red Cross Lifeguard Management Certification. • Must possess a current American Red Cross Water Safety Instructor Certification.

EXHIBIT 1
859
• An American Red Cross Lifeguard Instructor Trainer Certification is highly desirable.

Physical/Mental Abilities:
• Mobility – Frequent sitting, walking, bending, and twisting; occasional squatting, climbing, kneeling, and crawling;
• Lifting and Carrying – Occasional lifting and carrying of 100 lbs.; heights and weights may vary depending on rescue and size of guest needing assistance; • Vision – Ability to read fine print, read and see computer screens, and read and produce printed material and information;
• Dexterity – Occasional simple grasping, power grasping, fine manipulation, pushing and pulling, and reaching; repetitive hand use required;
• Hearing/Talking – Ability to detect specific noises, proper equipment operation, and understand what people are saying in normal conversation and frequently over noise and in outside environments;
• Special Requirements – Frequently works days and weekends; occasionally works nights; must maintain required certifications to operate as a Pool Manager; • Emotional/Psychological – Ability to concentrate, make decisions, work with the public, exercise sound judgment, handle stressful situations, and work alone; • Environmental Conditions – Occasional to frequent exposure to noise; occasional to moderate risk of exposure to hazardous materials; work in outdoor conditions with frequent exposure to sun, to bio-hazards and around equipment and machinery; • Working Conditions – Varies among programs; may work in an office environment, in an aquatic pool setting with slippery floors, and/or outdoors, where conditions could be primarily loud; and
• Mental – Ability to understand, remember, and communicate routine information, understand complex problems, collaborate, and explore alternative solutions.

This class specification should not be interpreted as all inclusive. It is intended to identify the essential functions and requirements of this job. Incumbents may be requested to perform job - related responsibilities and tasks other than those stated in this specification. Any essential function or requirement of this class will be evaluated as necessary should an incumbent/applicant be unable to perform the function or requirement due to a disability as defined by the American with Disabilities Act (ADA). Reasonable accommodation for the specific disability will be made for the incumbent/applicant when possible.

APPROVED:

ROS EMARY RIVAS

DI RECTOR OF HUMAN RESOURCES
DATE:

EXHIBIT 1
860
Established --/--/----
Resolution: CC---
Spec Adopted: --/ --/----
Resolution: CS---
CS Status: Unclassified
Unit: N/A
FLSA Status: Non-Exempt
City of Stockton

ASSISTANT POOL MANAGER
(Part-time Seasonal)

Monitors activities in the water, pool, decks, and ancillary areas of City aquatics facilities to ensure the safety of patrons; explains and enforces aquatics policies, regulations, and rules; performs rescues and administers first aid, CPR, and AED as needed; and performs related work as required.

CLASS CHARACTERISITICS
This is the advanced journey-level classification in the Aquatics series responsible for providing direction and training to lower -level staff and for ensuring that the City’s aquatics facilities are maintained in a safe and effective working condition. Incumbents are responsible for establishing objectives, timelines, and methods to deliver services. Work is reviewed upon completion for soundness, appropriateness, and conformity to policy and requirements. This classification is distinguished from the Seni or Lifeguard and Aquatics Instructor by the assignment of more complex tasks requiring a greater level of technical and specialized knowledge and a higher degree of independent judgment, including serving in a lead capacity over lower-level staff.

PRINCIPAL DUTIES (Illustrative Only)
Duties may include, but are not limited to, the following:
• Plans, leads, assigns, directs, and participates in the work of staff responsible for performing lifeguard duties at the City’s aquatics facilities; assigns lifeguard staff to daily rotation schedules, ensuring proper coverage at all times.
• Receives and responds to questions, concerns, and complaints from patrons; determines issues and resolves or refers to Pool Manager, Recreation Coordinator or Recreation Supervisor as appropriate.
• Assists Pool Manager in leading training sessions, including safety drills and other emergency procedures; ensures that aquatics staff attend required trainings and maintains related records. • Oversees daily operations in the absence of the Pool Manager. • Provides aquatic safety and supervision for patrons; monitors activities in the water, pool decks, and ancillary areas of City aquatics facilities to prevent accidents and to ensure the safety and well-being of patrons.
• Implements and monitors City policies and procedures; enforces aquatics regulations; cautions patrons regarding unsafe activities.
• Performs the work of lower- level staff, including, but not limited to, all required lifeguard - training skills and class instruction as needed.

EXHIBIT 1
861
• Monitors facility use; responsible for opening, closing, and securing the facility, including setting and disarming alarm systems; checking equipment and placing in the proper location; performing pool chemistry testing; covers and uncovers the pool; sets or removes lane lines; powers up and turns off electrical equipment and computers; ensures pool area is cleared prior to closing facility.
• Inspects and maintains swimming and pool equipment for functionality; ensures proper placement and availability in the pool area; recommends maintenance and repair as needed. • Maintains records of participation and completes required reports. • Performs routine administrative duties including answering phone calls, counter reception, cash handling, and participant registration.
• Gives direction to swim instructors in planning and organizing class teaching outlines, methods, and goals that support the general teaching outlines provided by the American Red Cross Learn to Swim Program.
• May be required to organize and direct activities of assigned students in order to provide a high level of quality instruction to all students in the absence of a swim instructor. • Ensures that all aquatics program participants have completed necessary paperwork and waivers, are attending classes regularly, receive appropriate certificates/awards and maintain course records at the end of the session.
• Assists with City special events as needed.
• Represents the City with dignity, integrity, and the spirit of cooperation in all relations with staff and the public.
• Fosters an environment that embraces integrity, service, inclusion, and collaboration. • Builds and maintains positive working relationships with co- workers, other City employees and the public using principles of good customer service. • Performs other duties as assigned.

QUALI

FICATIONS
Knowledge of:
• Principles of leadership in an aquatics environment;
• Principles and techniques of lifeguarding, including lifesaving methods and procedures; • Organization and operation of the aquatics facilities, including maintenance, occupational hazards, and standard safety practices;
• Operational characteristics of water rescue safety equipment and devices; • Modern office practices, methods, and computer equipment and applications related to the work;
• Relevant laws, rules, regulations, policies, and procedures; • Safe work practices; and
• Principles and practices of excellent customer service.

Sk
ill in:

EXHIBIT 1
862
• Working efficiently within the parameters of an established Emergency Action Plan; • Understanding and maintaining the organization and operation of the City's aquatics facilities; • Learning, monitoring, and enforcing City's regulations, policies, and procedures; • Reacting to and handling water rescue and medical emergencies in a safe and effective manner; • Administering first aid, CPR, and AED as needed;
• Exiting from a pool/attraction at any point without the use of ladders, steps, or a zero-depth exit;
• Using appropriate safe work practices and equipment;
• Keeping basic written records of work performed and assist with training; • Understanding and carrying out oral and written instructions and prioritize workload to meet deadlines;
• Reading, writing and comprehending the English language at a level necessary for effective job performance exercising correct English usage, vocabulary, spelling, grammar and punctuation;
• Communicating effectively, tactfully and positively in both oral and written form; • Operating and using modern office equipment and technology, including computers and applicable software;
• Utilizing appropriate safety procedures and practices for assigned duties; • Establishing and maintaining effective working relationships with those contacted in the course of work; and
• Contributing effectively to the accomplishments of City goals, objectives, and activities.

Ed
ucation/Experience:

Possession of a high school diploma or GED (or a current high school student) and at least one (1) season of experience at the Senior Lifeguard or Aquatics Instructor level.

Other Requirements:
• Must be at least eighteen (18) years of age.
• Must possess a current American Red Cross Lifeguard Certification, including First Aid for Public Safety Personnel (Title 22), Administering Emergency Oxygen, Anaphylaxis and Epinephrine Auto-Injector, Bloodborne Pathogens and Asthma Inhaler Training. • An American Red Cross Lifeguard Instructor Trainer Certification and Water Safety Instructor Certification are highly desirable.

Ph
ysical/Mental Abilities:
• Mobility – Frequent sitting, walking, bending, and twisting; occasional squatting, climbing, kneeling, and crawling;
• Lifting and Carrying – Occasional lifting and carrying of 100 lbs.; heights and weights may vary depending on rescue and size of guest needing assistance; • Vision – Ability to read fine print, read and see computer screens, and read and produce printed material and information;
EXHIBIT 1
863
• Dexterity – Occasional simple grasping, power grasping, fine manipulation, pushing and pulling, and reaching; repetitive hand use required;
• Hearing/Talking – Ability to detect specific noises, proper equipment operation, and understand what people are saying in normal conversation and frequently over noise and in outside environments;
• Special Requirements – Frequently works days and weekends; occasionally works nights; must maintain required certifications to operate as an Assistant Pool Manager; • Emotional/Psychological – Ability to concentrate, make decisions, work with the public, exercise sound judgment, handle stressful situations, and work alone; • Environmental Conditions – Occasional to frequent exposure to noise; occasional to moderate risk of exposure to hazardous materials; work in outdoor conditions with frequent exposure to sun, to bio-hazards and around equipment and machinery; • Working Conditions – Varies among programs; may work in an office environment, in an aquatic pool setting with slippery floors, and/or outdoors, where conditions could be primarily loud; and
• Mental – Ability to understand, remember, and communicate routine information, understand complex problems, collaborate, and explore alternative solutions.

APPROVED:

ROSEMARY RIVAS

DIRECTOR OF HUMAN RESOURCES

DATE:

EXHIBIT 1
864
Established --/--/----
Resolution: CC---
Spec Adopted: --/--/----
Resolution: CS---

CS Status: Unclassified
Unit: N/A
FLSA Status: Non-Exempt

City of Stockton

SENIOR LIFEGUARD
(Part-time Seasonal)

DEFINITION
Under general supervision, opens, closes, and secures the pool facility; monitors activities in the water, pool decks, and ancillary areas of aquatics facilities to ensure the safety of patrons; explains and enforces swimming programs and pool policies, regulations, and rules. Performs rescues and administers first aid, CPR, and AED as needed; prepares facilities and sets up equipment for special activities and events; and performs related work as required.

CLASS CHARACTERISITICS
This is a journey- level classification in the Aquatics series responsible for performing the full range of lifeguard duties, including patron safety, and opening/closing an assigned pool facility.

Incumbents at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the aquatics operating procedures and policies. This classification is distinguished from the Assistant Pool Manager in that the latter provides technical and functional direction over assigned aquatic staff.

PRINCIPAL DUTIES (Illustrative Only)
Duties may include, but are not limited to, the following:
• Provides aquatic safety and supervision for patrons; monitors activities in the water, pool decks, and ancillary areas of City aquatics facilities to prevent accidents and to ensure the safety and well-being of patrons.
• Implements and monitors City policies and procedures; enforces aquatics regulations; cautions patrons regarding unsafe activities.
• Responsible for opening, closing, and securing the facility, including setting and disarmi ng alarm systems; checking equipment and placing in the proper location; performing pool chemistry testing; covers and uncovers the pool; sets or removes lane lines; powers up and turns off electrical equipment and computers; ensures pool area is cleared prior to closing facility.
• Prepares facilities and sets up equipment for scheduled aquatics activities and events; may assist in the implementation of aquatics programs and special events. • Inspects and maintains swimming and pool equipment for functionality, ensures proper placement and availability in the pool area, and recommends maintenance and repair, as needed.
• Maintains pool and restroom areas in a safe and clean condition. • Participates in required training sessions, including safety drills and other emergency procedures.
• Assists with City special events as needed.

EXHIBIT 1
865
• Represents the City with dignity, integrity, and the spirit of cooperation in all relations with staff and the public.
• Fosters an environment that embraces integrity, service, inclusion, and collaboration. • Builds and maintains positive working relationships with co- workers, other City employees and the public using principles of good customer service. • Performs related duties as assigned.

QUALIFICATIONS
Knowledge of:
• Principles and techniques of lifeguarding, including lifesaving methods and procedures. • Operational characteristics of water rescue safety equipment and devices. • Modern office practices, methods, and computer equipment including relevant software programs;
• Oral and written communication skills; business English including vocabulary, spelling, and correct grammatical usage and punctuation;
• Safe work practices; and
• Principles and practices of excellent customer service.

Skill in:
• Working efficiently within the parameters of an established Emergency Action Plan; • Learning and understanding the organization and operation of the City's aquatics complexes; • Learning, monitoring, and enforcing City's regulations, policies, and procedures; • Reacting to and handling water rescue and medical emergencies in a safe and effective manner; • Administering first aid, CPR, and AED as needed;
• Exiting from a pool/attraction at any point without the use of ladders, steps, or a zero-depth exit;
• Maintaining complexes and equipment in a clean, safe, and secure manner; • Using appropriate safe work practices and equipment;
• Keeping basic written records of work performed;
• Understanding and carrying out oral and written instructions and prioritize workload to meet deadlines;
• Reading, writing and comprehending the English language at a level necessary for effective job performance exercising correct English usage, vocabulary, spelling, grammar and punctuation;
• Communicating effectively, tactfully and positively in both oral and written form; • Operating and using modern office equipment and technology, including computers and applicable software;
• Utilizing appropriate safety procedures and practices for assigned duties; • Establishing and maintaining effective working relationships with those contacted in the course of work; and
EXHIBIT 1
866
• Contributing effectively to the accomplishments of City goals, objectives, and activities.

Education/Experience:

Must be at least sixteen ( 16) years of age and enrolled in high school ( or possess a high school diploma or GED) and at least one (1) season of American Red Cross lifeguard experience.

Other Requirements:
• Must possess and maintain an American Red Cross Lifeguard Certification, including First Aid for Public Safety Personnel (Title 22), Administering Emergency Oxygen, Anaphylaxis and Epinephrine Auto-Injector, Bloodborne Pathogens and Asthma Inhaler Training. • Knowledge of recreation services, aquatic programs, and the ability to deal effectively with both youth and adults, and work without immediate supervision.

Physical/Mental Abilities:
• Mobility – Frequent sitting, walking, bending, and twisting; occasional squatting, climbing, kneeling, and crawling;
• Lifting and Carrying – Occasional lifting and carrying of 100 lbs.; heights and weights may vary depending on rescue and size of guest needing assistance; • Vision – Ability to read fine print, read and see computer screens, and read and produce printed material and information;
• Dexterity – Occasional simple grasping, power grasping, fine manipulation, pushing and pulling, and reaching; repetitive hand use required;
• Hearing/Talking – Ability to detect specific noises, proper equipment operation, and understand what people are saying in normal conversation, over the phone, and frequently over noise;
• Special Requirements – Frequently works days and weekends; occasionally works nights; must maintain required certifications to operate as a Senior Lifeguard; • Emotional/Psychological – Ability to concentrate, make decisions, work with the public, exercise sound judgment, handle stressful situations, and work alone; • Environmental Conditions – Occasional to frequent exposure to noise; occasional to moderate risk of exposure to hazardous materials; w ork in outdoor conditions, around equipment and machinery, and with bio-hazards;
• Working Conditions – Varies among programs; may work in an office environment , in an aquatic pool setting with slippery floors, and/or outdoors, where conditions could be primarily loud or primarily quiet; and
• Mental – Ability to understand, remember, and communicate routine information, understand complex problems, collaborate, and explore alternative solutions.

This class specification should not be interpreted as all inclusive. It is intended to identify the essential functions and requirement s of this job. Incumbents may be requested to perform job- EXHIBIT 1
867
related responsibilities and tasks other than those stated in this specification. Any essential function or requirement of this class will be evaluated as necessary should an incumbent/applicant be unable to perform the function or requirement due to a disability as defined by the American with Disabilities Act (ADA). Reasonable accommodation for the specific disability will be made for the incumbent/applicant when possible.

APPROVED:

ROSEMARY RIVAS

DIRECTOR OF HUMAN RESOURCES

DATE:

EXHIBIT 1
868
Established --/--/----
Resolution: CC---
Spec Adopted: --/--/----
Resolution: CS---

CS Status: Unclassified
Unit: N/A
FLSA Status: Non-Exempt

City of Stockton

LIFEGUARD
(Part-time Seasonal)

DEFINITION
Under immediate supervision, monitors activities in the water, pool decks, and ancillary areas of aquatics facilities to ensure the safety of patrons; learns, explains, and enforces safe swimming programs and pool policies, regulations, and rules. Performs rescues and administers first aid, CPR, and AED as needed; and performs related work as required.

CLASS CHARACTERISITICS
This is an entry-level class in the Aquatics series. Initially under close supervision, incumbents learn to perform essential lifeguard duties. These duties are performed under direct supervision provided by higher -level personnel. As additional experience and proficiency is gained, duties become more diversified and are performed under less supervision. This class is distinguished from Senior Lifeguard, which is the journey- level class in this series capable of performing the full range of lifeguard duties which includes patron safety and opening/closing an assigned pool facility.

PRINCIPAL DUTIES (Illustrative Only)
Duties may include, but are not limited to, the following:
• Provides aquatics safety and supervision for patrons; monitors activities in the water, pool decks, and ancillary areas of City aquatic facilities to prevent accidents, and to ensure the safety and well-being of patrons.
• Implements and monitors City policies and procedures; enforces aquatics regulations; cautions patrons regarding unsafe activities.
• Inspects and maintains swimming and pool equipment for functionality, ensures proper placement and availability in the pool area, and recommends maintenance and repair as needed. • Maintains pool and restroom areas in a safe and clean condition. • Participates in required training sessions, including safety drills and other emergency procedures.
• Assists with City special events as needed.
• Represents the City with dignity, integrity, and the spirit of cooperation in all relations with staff and the public.
• Fosters an environment that embraces integrity, service, inclusion, and collaboration. • Builds and maintains positive working relationships with co- workers, other City employees and the public using principles of good customer service. • Performs related duties as assigned.

QUALIFICATIONS

EXHIBIT 1
869
Knowledge of:
• Principles and techniques of lifeguarding, including lifesaving methods and procedures. • Operational characteristics of water rescue safety equipment and devices. • Modern office practices, methods, and computer equipment including relevant software programs;
• Oral and written communication skills; business English including vocabulary, spelling, and correct grammatical usage and punctuation;
• Safe work practices; and
• Principles and practices of excellent customer service.

Skill in:
• Working efficiently within the parameters of an established Emergency Action Plan; • Learning and understanding the organization and operation of the City's aquatics complexes; • Learning, monitoring, and enforcing City's regulations, policies, and procedures; • Reacting to and handling water rescue and medical emergencies in a safe and effective manner; • Administering first aid, CPR, and AED as needed;
• Exiting from a pool/attraction at any point without the use of ladders, steps, or a zero -depth exit;
• Maintaining pool facilities and equipment in a clean, safe, and secure manner; • Using appropriate safe work practices and equipment;
• Keeping basic written records of work performed;
• Understanding and carrying out oral and written instructions and prioritize workload to meet deadlines;
• Reading, writing and comprehending the English language at a level necessary for effective job performance exercising correct English usage, vocabulary, spelling, grammar and punctuation;
• Communicating effectively, tactfully and positively in both oral and written form; • Operating and using modern office equipment and technology, including computers and applicable software;
• Utilizing appropriate safety procedures and practices for assigned duties; • Establishing and maintaining effective working relationships with those contacted in the course of work; and
• Contributing effectively to the accomplishments of City goals, objectives and activities.

Education/Experience:

Must be at least fifteen (15) years of age and enrolled in high school ( or possess a high school diploma or GED).

Other Requirements:

EXHIBIT 1
870
• Must possess and maintain an American Red Cross Lifeguard Certification , including First Aid for Public Safety Personnel (Title 22), Administering Emergency Oxygen, Anaphylaxis and Epinephrine Auto-Injector, Bloodborne Pathogens and Asthma Inhaler Training.

Physical/Mental Abilities:
• Mobility – Frequent sitting, walking, bending, and twisting; occasional squatting, climbing, kneeling, and crawling;
• Lifting and Carrying – Occasional lifting of 100 lbs.; heights and weights may vary depending on rescue and size of guest needing assistance;
• Vision – Ability to read fine print, read and see computer screens, and read and produce printed material and information;
• Dexterity – Occasional simple grasping, power grasping, fine manipulation, pushing and pulling, and reaching; repetitive hand use required;
• Hearing/Talking – Ability to detect specific noises, proper equipment operation, and understand what people are saying in normal conversation and frequently over noise and in outside environments;
• Special Requirements – Frequently works days and weekends; occasionally works nights; must maintain required certifications to operate as a Lifeguard. • Emotional/Psychological – Ability to concentrate, make decisions, work with the public, exercise sound judgment, handle stressful situations, and work alone; • Environmental Conditions – Occasional to frequent exposure to noise; occasional to moderate risk of exposure to hazardous materials; work in outdoor conditions with frequent exposure to sun, to bio-hazards and around equipment and machinery; • Working Conditions – Varies among programs; may work in an office environment, in an aquatic pool setting with slippery floors, and/or outdoors, where conditions could be primarily loud; and
• Mental – Ability to understand, remember, and communicate routine information, understand complex problems, collaborate, and explore alternative solutions.

EXHIBIT 1
871
APPROVED:

ROSEMARY RIVAS

DIRECTOR OF HUMAN RESOURCES

DATE:

EXHIBIT 1
872
Established --/--/----
Resolution: CC---
Spec Adopted: --/--/----
Resolution: CS---

CS Status: Unclassified
Unit: N/A
FLSA Status: Non-Exempt

City of Stockton

AQUATICS INSTRUCTOR
(Part-time Seasonal)

DEFINITION
Under general supervision, plans and instructs swim lessons; delivers skill-focused lessons based upon participant abilities and/or certification criteria. Provides learning tools and equipment; delivers instructional materials; ensures the safety of patrons using safe instructional practices; maintains program records and files; and performs related work as required.

CLASS CHARACTERISITICS
This journey-level classification of the Aquatics series is responsible for performing assigned instruction program duties, including class planning and delivery and ensuring a safe environment for p atrons. Incumbents regularly work on tasks that are varied and complex, requiring considerable discretion and independent judgment to ensure the efficient functioning of the assigned area. Assignments are given with general guidelines and incumbents are responsible for establishing objectives, timelines, and methods to deliver services. Work is reviewed for appropriateness and conformity to policy and requirements. This classification is distinguished from the Aquatics Assistant by the assignment of more complex tasks requiring a greater level of technical and specialized knowledge and a higher degree of independent judgment, including serving in a lead capacity over lower-level staff.

PRINCIPAL DUTIES (Illustrative Only)
Duties may include, but are not limited to, the following:
• Serves as a subject matter expert; plans and implements a variety of American Red Cross swimming lessons; delivers skill- focused lessons based upon participant abilities and/or certification criteria.
• Plans and organizes class teaching outlines, methods, and goals that support the general teaching outlines provided by the American Red Cross.
• Provides technical guidance to participants by demonstrating multiple methods and techniques performed within the specialized training area; provides participants with the knowledge and tools needed for skill development.
• Receives and responds to questions, concerns, and complaints from patrons; determines issues and resolves or refers to management as appropriate.
• Implements and monitors City policies and procedures; enforces aquatics regulations; cautions patrons regarding unsafe activities.
• Provides strong customer service skills, establishes, maintains, and fosters positive and effective working relationships.
• Performs administrative tasks, such as preparing reports and maintaining records.

EXHIBIT 1
873
• Ass
ists with City special events as needed.

QUALIFI

CATIONS
Knowledge of:
• Principles of safety and instruction in an aquatics environment; • Principles and techniques of lifeguarding, including lifesaving methods and procedures; • Organization and operation of the aquatics facilities , including maintenance, occupational hazards, and standard safety practices;
• Operational characteristics of water rescue safety equipment and devices; • Modern office practices, methods, and computer equipment and applications related to the work;
• Relevant laws, rules, regulations, policies, and procedures; • Safe work practices; and
• Principles and practices of excellent customer service.

Skill in:
• Working efficiently within the parameters of an established Emergency Action Plan; • Understanding and maintaining the organization and operation of the City's aquatics facilities; • Learning, monitoring, and enforcing City's regulations, policies, and procedures; • Reacting to and handling water rescue and medical emergencies in a safe and effective manner; • Administering first aid, CPR, and AED as needed;
• Exiting from a pool/attraction at any point without the use of ladders, steps, or a zero-depth exit;
• Using appropriate safe work practices and equipment;
• Keeping basic written records of work performed and assist with training; • Understanding and carrying out oral and written instructions and prioritize workload to meet deadlines;
• Reading, writing and comprehending the English language at a level necessary for effective job performance exercising correct English usage, vocabulary, spelling, grammar and punctuation;
• Communicating effectively, tactfully and positively in both oral and written form; • Operating and using modern office equipment and technology, including computers and applicable software;
• Utilizing appropriate safety procedures and practices for assigned duties; • Establishing and maintaining effective working relationships with those contacted in the course of work; and
• Contributing effectively to the accomplishments of City goals, objectives, and activities.

Education/Experience:

Must be at least sixteen (16) years of age and enrolled in high school (or possess a high school diploma or GED).

EXHIBIT 1
874
Other Requirements:
• Possession of an American Red Cross Water Safety Instructor Certification or a Lifeguard Instructor Certification.
• Must possess and maintain an American Red Cross Adult/Pediatric First Aid/CPR and AED Certification within 90 days of employment.

Physical/Mental Abilities:
• Mobility – Frequent sitting, walking, bending, and twisting; occasional squatting, climbing, kneeling, and crawling;
• Lifting and Carrying – Occasional lifting and carrying of 100 lbs .; heights and weights may vary depending on rescue and size of guest needing assistance; • Vision – Ability to read fine print, read and see PC screens, and read and produce printed material and information;
• Dexterity – Occasional simple grasping, power grasping, fine manipulation, pushing and pulling, and reaching; Repetitive hand use required;
• Hearing/Talking – Ability to detect specific noises, proper equipment operation, and understand what people are saying in normal conversation, over the phone, and frequently over noise;
• Special Requirements – Frequently works days and weekends; occasionally works nights; must maintain required certifications to operate as an Aquatics Instructor; • Emotional/Psychological – Ability to concentrate, make decisions, work with the public, exercise sound judgment, handle stressful situations, and work alone; • Environmental Conditions – Occasional to frequent exposure to noise; occasional to moderate risk of exposure to hazardous materials; work in outdoor conditions with frequent exposure to sun, to biohazards, and around equipment and machinery; • Working Conditions – Varies among programs; may work in an office environment, in an aquatic pool setting with slippery floors, and/or outdoors, where conditions could be primarily loud; and
• Mental – Ability to understand, remember, and communicate routine information, understand complex problems, collaborate, and explore alternative solutions.

EXHIBIT 1
875
APPROVED:

ROSEMARY RIVAS

DIRECTOR OF HUMAN RESOURCES

DATE:

EXHIBIT 1
876
Established --/--/----
Resolution: CC---
Spec Adopted: --/--/----
Resolution: CS---

CS Status: Unclassified
Unit: N/A
FLSA Status: Non-Exempt

City of Stockton

AQUATICS ASSISTANT
(Part-time Seasonal)

DEFINITION
Under immediate supervision, assists in the instruction of swimming classes for a diverse range of patrons. H elps coordinate and deliver age- appropriate and skill -focused lessons based upon participant abilities. Provides learning tools and equipment; delivers instructional materials; ensures the safety of patrons using safe instructional practices; maintains program records and files; and performs related work as required.

CLASS CHARACTERISITICS
This is an entry level classification of the Aquatics series. Under close supervision, incumbents learn to perform essential swim instruction duties. Work is supervised while in progress and fits an established structure or pattern. As experience is gained, assignments become more varied.

Work is typically reviewed upon completion for appropriateness and conformity to policy and requirements.

PRINCIPAL DUTIES (Illustrative Only)
Duties may include, but are not limited to, the following:
• Assists with swimming and water safety instructional programs; delivers technical guidance, age-appropriate and skill-focused lessons based upon participant abilities. • Receives and responds to questions, concerns, and complaints from patrons; determines issues and resolves or refers to higher-level staff as appropriate. • Provides aquatic safety and supervision for patrons; monitors activities in the water, pool decks, and ancillary areas of District aquatics facilities to prevent accidents, and to ensure the safety and well-being of patrons.
• Works collaboratively with pa trons and aquatics staff to ensure a positive learning environment.
• Inspects and maintains swimming and pool equipment for functionality; ensures proper placement and availability in the pool area; recommends maintenance and repair as needed. • Monitors City policies and procedures; enforces aquatics regulations; cautions patrons regarding unsafe activities.
• Provides strong customer service skills, establishes, maintains, and fosters positive and effective working relationships.
• Assists with City special events as needed.

QUALIFICATIONS
Knowledge of:

EXHIBIT 1
877
• Principles of safety and instruction in an aquatics environment; • Organization and operation of the aquatics facilities , including maintenance, occupational hazards, and standard safety practices;
• Operational characteristics of water rescue safety equipment and devices; • Modern office practices, methods, and computer equipment and applications related to the work;
• Relevant laws, rules, regulations, policies, and procedures; • Safe work practices; and
• Principles and practices of excellent customer service.

Skill in:
• Working efficiently within the parameters of an established Emergency Action Plan; • Understanding and maintaining the organization and operation of the City's aquatics facilities; • Learning, monitoring, and enforcing City's regulations, policies, and procedures; • Administering first aid, CPR, and AED as needed;
• Exiting from a pool/attraction at any point without the use of ladders, steps, or a zero-depth exit;
• Using appropriate safe work practices and equipment;
• Keeping basic written records of work performed and assist with training; • Understanding and carrying out oral and written instructions and prioritize workload to meet deadlines;
• Reading, writing and comprehending the English language at a level necessary for effective job performance exercising correct English usage, vocabulary, spelling, grammar and punctuation;
• Communicating effectively, tactfully and positively in both oral and written form; • Operating and using modern office equipment and technology, including computers and applicable software;
• Utilizing appropriate safety procedures and practices for assigned duties; • Establishing and maintaining effective working relationships with those contacted in the course of work; and
• Contributing effectively to the accomplishments of City goals, objectives, and activities.

Education/Experience:

Must be at least fourteen (14) years of age and enrolled in high school (or possess a high school diploma or GED).

Other Requirements:
• Must possess and maintain an American Red Cross Adult/Pediatric First Aid/CPR and AED Certification within 90 days of employment.

EXHIBIT 1
878
Physical/Mental Abilities:
• Mobility – Frequent sitting, walking, bending, and twisting; occasional squatting, climbing, kneeling, and crawling;
• Lifting and Carrying – Occasional lifting and carrying of 100 lbs.; h eights and weights may vary depending on rescue and size of patron needing assistance; • Vision – Ability to read fine print, read and see computer screens, and read and produce printed material and information;
• Dexterity – Occasional simple grasping, power grasping, fine manipulation, pushing and pulling, and reaching; repetitive hand use required;
• Hearing/Talking – Ability to detect specific noises, proper equipment operation, and understand what people are saying in normal conversation and frequently over noise and in outside environments;
• Special Requirements – Frequently works days and weekends; occasionally works nights; must maintain required certifications to operate as an Aquatics Assistant; • Emotional/Psychological – Ability to concentrate, make decisions, work with the public, exercise sound judgment, handle stressful situations, and work alone; • Environmental Conditions – Occasional to frequent exposure to noise; occasional to moderate risk of exposure to hazardous materials; work in outdoor conditions with frequent exposure to sun, to biohazards, and around equipment and machinery; • Working Conditions – Varies among programs; may work in an office environment, in an aquatic pool setting with slippery floors, and/or outdoors, where conditions could be primarily loud; and
• Mental – Ability to understand, remember, and communicate routine information, understand complex problems, collaborate, and explore alternative solutions.

APPROVED:

ROS EMARY RIVAS

DI RECTOR OF HUMAN RESOURCES
DATE:

EXHIBIT 1
879
Part Time Aquatics Series Salary Ranges

CLASSIFICATION
Pool Manager 21.84 $ 22.99 $ 24.20 $ 25.47 $ 26.81 $ Assistant Pool Manager 20.10 $ 21.16 $ 22.27 $ 23.45 $ 24.68 $ Lifeguard 17.45 $ 17.99 $ 18.55 $ 19.12 $ 19.71 $ Senior Lifeguard 18.70 $ 19.64 $ 20.45 $ 21.07 $ 21.72 $ Aquatics Instructor 19.45 $ 20.16 $ 20.89 $ 21.64 $ 22.43 $ Aquatics Assistant 16.10 $ 16.76 $ 17.37 $ 18.00 $ 18.54 $

PROPOSED HOURLY WAGE
EXHIBIT 1
880
Transition of Aquatics Operations
and Programming
City Council Meeting
February 6, 2024
Agenda Item 15.3
881
Background
• City Swimming Pools
• Brooking Park
• Holiday Park
• Oak Park
• Souza Park
• Victory Park (design phase)
• McKinley Park (design phase)
• City has outsourced a percentage of aquatics operations & programming since 2003
• City responsible for maintenance
882
Internal Operations &
Programming
• Advantages
• Increased program consistency
• Increased community responsiveness
• Collaboration with community partners
• Foster positive relationships with community
• Build career pathway for youth
883
Staffing
• New classification specifications
Pool Manager
Assistant Pool Manager(s)
Senior Lifeguard
Lifeguard
Aquatics Instructor
Aquatics Assistant
Recreation Leader
I-V
884
Fiscal Impact
• Operating expenditures were included in the Fiscal Year 2023-24 budget. • In-house operations require an additional $87,000 for Fiscal Year 2023-24 • Staffing
• Staff training and certifications
• Safety and training equipment
• ADA-compliant lift for each pool
885
Recommendation
• Adopt resolution to:
• Transition aquatics operations and programming of City pools to Community Services Department
• Approve part time aquatics staff positions
• Amend FY 23-24 Annual Budget to appropriate $87,000 from the Strong Communities Fund (5025-000-210)
886
City of Stockton
Legislation Text
File #: 23-1167, Version: 1

REQUEST FOR A GENERAL PLAN AMENDMENT AND REZONE TO ALLOW THE ESTABLISHMENT OF A CONVENIENCE STORE AT 9036 THORNTON ROAD (P23-0083) (APN 072-410-43)

RECOMMENDATION
It is recommended that City Council:

1. Adopts a Resolution approving a General Plan Land Use Map Amendment to change approximately 1.48-acres of APN 072-410-43 from Administrative Professional to Commercial and the remaining .62-acres from Administrative Professional to Medium Density Residential; and

2. Adopts an Ordinance approving a Zoning Map Amendment to change approximately 1.48- acres of APN 072-410-43 from Commercial, Office (CO) to Commercial, General (CG) and the remaining .62-acres from Commercial, Office (CO) to Residential, Medium Density (RM); based on the findings and subject to the conditions in the proposed resolution.

Summary
The applicant, Al Shaghaghi, is requesting a General Plan and Zoning Map Amendment to develop a new convenience store with off-sale of beer and wine, fueling station, and car wash facility on a 1.48- acre portion of an approximately 2.12-acre site at 9036 Thornton Road. The applicant intends to develop a residential project on the remaining .62 acres at a future date. The applicant is currently processing a separate ministerial lot line adjustment/merger application to establish the two legal lots for the two uses described above.

The convenience store, fueling station, and car wash facility, also known as the “Project”, consists of the construction of a 3,400 square foot (SF) convenience store, 816 SF car wash facility, six fueling stations with 12 parking stalls under a 4,606 square foot overhead canopy, 25 off-street parking spaces, and on-site landscaping and site improvements.

Convenience Store, Fueling Station, and Car Wash land uses are not permitted under the current General Plan designation of Administrative Professional and Zoning designation of Commercial, Office (CO). Amending the project site’s General Plan designation to Commercial, and the Zoning designation to Commercial, General (CG), would permit the Project’s proposed land uses.

Additionally, amending the remaining .62 acres' General Plan designation from Administrative Professional to Medium Density Residential, and Zoning designation to Residential, Medium Density (RM) would allow for future residential development compatible with the existing neighborhood adjacent to the east side of project site.

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Staff and the Planning Commission recommend approval of the requested General Plan Land Use and Zoning Map Amendments based on the required findings provided herein.

DISCUSSION
Background
The proposed convenience store, fueling station, and car wash facility is for a site located at the southeast corner of Thornton Road and Waudman Avenue at 9036 Thornton Road. This site has a General Plan designation of Administrative Professional and is currently zoned Commercial, Office (CO) (Attachment A - Aerial Photo, General Plan & Zoning Map) and is bound to the:
· North by a small commercial strip center zoned Commercial, General (CG) and single-family residential which is zoned Residential, Low Density (RL). · South by properties zoned Commercial, Office (CO).
· East by single-family residential zoned RL and Residential, Medium Density (RM). · West by single-family residential within the County of San Joaquin and vacant land within the City of Stockton zoned CG.

Present Situation
For the applicant to construct and operate the proposed Convenience Store with off-sale beer and wine, fueling station, and car wash facility, the Planning Commission heard and approved a Use Permit and Design Review, which is subject to approval of a General Plan Amendment and Zoning Map Amendment by the City Council.

The Project’s 2.12-acre site is currently vacant and comprised of four parcels combined to form APN 072-410-43. The Project applicant is currently processing a lot line adjustment/merger that will result in two new parcels, which is ministerially processed and handled separately from the development requests. The requested convenience store land use is proposed for ‘Parcel One’ that will be 1.48- acres and ‘Parcel Two’ will be 0.62-acres to provide for future residential development.

The convenience store, fueling station, and car wash facility, would consist of the construction of 3,400 square foot (SF) convenience store, 816 SF car wash facility, six fueling stations with 12 parking stalls under an overhead canopy, 25 off-street parking spaces, and on-site landscaping and site improvements. (Attachment B - Site Plan, Floor Plan and Elevations). In accordance with SMC Section 16.80.320, the Project complies with all applicable Development Code standards for fueling stations, including the number of driveways and off-street parking spaces, landscaping requirements, and minimum separations from pump islands to structures, property lines, and other pump islands.

The Planning Commission heard the item on November 9, 2023, and made a unanimous decision for approval of the Project.

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STAFF ANALYSIS
Environmental Clearance
The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) in accordance with the provisions of CEQA Section 15332(b) - which consists of projects characterized as in-fill development that meet the following:
a. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. With approval of the proposed General Plan Land Use and Zoning Map amendments, the project will be consistent with applicable general plan designation and policies, as well as with applicable zoning designation and regulations.
b. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site is within the City of Stockton City Limits, surrounded by urban uses, on a 2.12-acre parcel. Upon completion of a separate lot merger, the site will be 1.48-acres in size.
c. The project site has no value as habitat for endangered, rare, or threatened species. The site is already in an urbanized area within the City Limits. d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Project impacts to traffic, noise, air quality, or water quality are negligible as it will be serving that existing area.
e. The site can be adequately served by all required utilities and public services. Public utilities are readily available and accessible to serve the project.

General Plan Amendment
The proposed project would require a General Plan Amendment to the 2040 Land Use Map to change the land use designation to match the project’s proposed commercial development plan and future residential development.

As proposed, the amendment to the General Plan Land Use Map would change approximately 2.22 acres as follows:
· 1.48-acres from Administrative Professional to Commercial · 0.62-acres from Administrative Professional to Medium Density Residential (for future development)
The Commercial designation allows for a wide variety of retail, service, and commercial recreational uses, business, medical and professional offices, residential uses, public and quasi-public uses, and other similar and compatible uses. The Residential designation allows for a wide range of residential uses and densities.

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The proposed Commercial designation across the 1.48-acre area is considered consistent with General Plan policies and objectives and would be consistent with the overall adjacent commercial development in this area, and therefore would represent a minor adjustment to the General Plan land use map. The extension of the Residential, Medium Density designation across the .62-acres site is considered consistent with General Plan policies and objectives and would be consistent with overall adjacent residential uses and densities in the area.

The subject development would also further the following General Plan policies:
· Policy LU-4.2 “Attract employment- and tax-generating businesses that support the economic diversity of the city.”
· Policy LU-6.2 “Prioritize development and redevelopment of vacant, underutilized and blighted infill areas.”
· Action CH-2.1C: “Develop incentives to promote reuse of distressed areas, such as through re -zoning, permit streamlining, density bonuses, and other appropriate tools.” · Policy CH-2.2: “Stimulate investment through partnerships with private property owners, neighborhood groups, health and housing advocates, nongovernmental organizations, and other community supporters.”
· Action CH-2.2A: “…Encourage private investment in older neighborhoods. Cooperate in joint public-private partnerships to invest in older neighborhoods.” As reflected in the attached Proposed Resolution, all necessary findings can be made to support the proposed General Plan Land Use Map Amendment action.

Additionally, State law limits the number of General Plan amendments that a city can make to four (4) in a calendar year. When more than four (4) amendments are proposed in a calendar year, city staff attempts to combine the proposed amendments into single consolidated actions the City Council can approve to avoid exceeding the state limit. On May 23, 2023, the City Council approved a Resolution of Intent, attached as Exhibit 1 to the proposed resolution, to approve a General Plan map amendments for a series of City initiated efforts. The City intended to pair that amendment with several others General Plan amendments that were tentatively scheduled in 2023, but for various reasons, those efforts were not acted on in 2023.

While this is the first General Plan amendment in 2024 calendar year, City staff still needs to complete the 2023 City initiated effort and continues to anticipate numerous amendment requests in 2024. For that reason, the City proposes a consolidated General Plan amendment to include the proposed Thornton Road Project (P23-0083) and the previously approved City initiated effort from May 2023. This would be the City’s first General Plan amendment for 2024.

Zoning Map Amendment
The project proposes rezoning the 1.48-acre portion of the project site from Commercial, Office (CO) to Commercial, General (CG), coinciding with the portion of the project site that would implement the City of Stockton Printed on 2/2/2024Page 4 of 6
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General Plan designation of Commercial. As reflected in the attached Proposed Resolution, all necessary findings can be made to support the proposed Zoning Map Amendment action. The project also proposes rezoning the .62-acre portion of the project site from Commercial, Office (CO) to Residential, Medium Density (RM), coinciding with the portion of the project site that would implement the General Plan designation of Medium Density Residential. As reflected in the attached Proposed Resolution, all necessary findings can be made to support the proposed Zoning Map Amendment action.

Public Comments
Planning Commission
On November 9, 2023, the Stockton Planning Commission held a public hearing to consider the Project via a Design Review, Use Permit, and Recommendations to Council for a General Plan Amendment and Zoning Map Amendment.

Staff presented a Resolution for denial of the Use Permit for the Convenience Store use that includes off-sale of alcohol based on stated findings relating to non-compliance with the SMC location requirements and finding for Public Convenience or Necessity (PCN). A representative from the applicant team, as well as two (2) members of the public provided comments during the public hearing in support of the project. There was one written comment provided in opposition to the Project. After closing the hearing, the Planning Commission approved a motion directing staff to prepare a Resolution for approval based on their stated waiving of the SMC location requirements to promote economic business growth and finding for public convenience being provided by the Project.

Further, the Planning Commission voted 5-0 (Rizvi, Thompson absent) approving a recommendation that the City Council adopt an Ordinance for APN 072-410-43, to amend the General Plan Designation from Administrative Professional to Commercial and Residential Medium Density, and Rezone to Commercial, General (CG) and Residential, Medium (RM). (Attachment C - Planning Commission Resolutions). Construction of the Project is contingent on City Council approval of the General Plan Amendment and Rezone, and subsequent Building Permit issuance through the Community Development Department.

On December 14, 2023, the Planning Commission adopted Resolution 2023-12-14-0302 ratifying the Commission's November 9
th intent to approve a Use Permit for the Convenience Store use, requiring a Waiver of the location restrictions related to overconcentration of existing licenses in the census tract and proximity to existing off-sale establishments. The Use Permit is contingent on the City Council’s approval of the General Plan and Zoning Amendments.

Legal Notice
Notice for this item was published in the Record on January 26, 2024, as well as to all property owners within a 300-foot radius of 9036 Thornton Road. Staff has not received any comment from the public on this project at the time of writing this staff report.

FINANCIAL SUMMARY
All application fees were paid to cover staff time for processing the requested actions. The proposed City of Stockton Printed on 2/2/2024Page 5 of 6
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commercial retail project is anticipated to generate sales tax dollars and result in a positive economic effect on the City.

Attachment A - Aerial Photo, General Plan & Zoning Map
Attachment B - Site Plan, Floor Plan and Elevations
Attachment C - Planning Commission Resolutions
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892
City of Stockton, CA
November 1, 2023Aerial Photo
Property Information
Property ID 07241043-90013
Location 9036 THORNTON RD
Owner HALVORSON LORRAINE TR

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" = 400.4821839832389 ft

ATTACHMENT A
893
City of Stockton, CA
November 1, 2023Genera l Plan Map
Property Information
Property ID 07241043-90013
Location 9036 THORNTON RD
Owner HALVORSON LORRAINE TR

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" = 276.3658046495905 ft

ATTACHMENT A
894
Map Theme Legends
General Plan Map
City of Stockton GIS data

ECONOMIC AND EDUCATION ENTERPRISE

RESIDENTIAL ESTATE

LOW DENSITY RESIDENTIAL

MEDIUM DENSITY RESIDENTIAL

HIGH DENSITY RESIDENTIAL

ADMINISTRATIVE-PROFESSIONAL

COMMERCIAL

INDUSTRIAL

INSTITUTIONAL

OPEN SPACE/ AGRICULTURE

PARKS AND RECREATION

MIXED USE

RIGHT OF W AY

ATTACHMENT A
895
City of Stockton, CA
November 1, 2023Zoning Map
Property Information
Property ID 07241043-90013
Location 9036 THORNTON RD
Owner HALVORSON LORRAINE TR

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" = 276.3658046495905 ft

ATTACHMENT A
896
Map Theme Legends
Zoning
City of Stockton, CA Zoning Data

COMMERCIAL AUTO DISTRICT (CA)

DOWNTOWN COMMERCIAL (CD)

GENERAL COMMERCIAL (CG)

LARGE SCALE COMMERCIAL (CL)

NEIGHBORHOOD COMMERCIAL (CN)

OFFICE COMMERCIAL(CO)

GENERAL INDUSTRIAL(IG)

LIMITED INDUSTRIAL (IL)

PORT (PT)

LOW DENSITY RESIDENTIAL (RL/P)

MEDIUM DENSITY RESIDENTIAL (RM/P)

HIGH DENSITY RESIDENTIAL (RH/P)

MIXED USE (MX)

OPEN SPACE (OS)

PUBLIC FACILITIES (PF)

UNIVERSITY/COLLEGE (UC)

RIGHT OF W AY (ROW)

ATTACHMENT A
897

0.7' UP

6.8' EP

0.1' FW

2.8' FNC

4.3' SSMH

4.5' FC

9.3' FC10.7' EP

9.8' EP3.3' UP

2.0' GUY

2.9' UP

1.2' UP

0.2' FNC

10.3' EP

3.0' FNC

0.4' EV

FNC ON PL

0.3' FNC
LOT 20
11 MP 60
LOT 21
11 MP 60
LOT 22
11 MP 60
LOT 23
11 MP 60
LOT 24
11 MP 60

TOTAL SITE

2.101± ACRES(G)
N 38°43'00" W 280.61'
N 51°17'00" E334.94'
S 37°14'00" E
236.83'
N 62°36'00" E
323.43'
R=20.00'
D=101°19'00"L=35.37'
172.51'N 62°36'00" E
N 27°24'00" W
175.89'

FND REBAR/CAP

IN MON WELL
"RCE 14259"

FND REBAR/CAP

IN MON WELL
"RCE 14259"
183.61'
(BASIS OF BEARINGS)
586.

N 38°43'00" W 621.44'

15.00' P.U.E.
[Doc No. 90-010222]7

RIGHT-OF-WAY EASEMENT
[Doc No. 2009-148667]
[Doc No. 2009-148668]
89 2.057± ACRES(N)
(N 36°38'00" W)

HAYES INVESTMENTS PTP
[Doc No 1988-053057]

LANDS OF
FF 15.45
FF 15.15
9036 THORNTON ROAD
STOCKTON, CA 95209x
TC XX.XX
FS XX.XX FL XX.XXGR XX.XX
XX.XX
H.P.

VICINITY MAP

NOT TO SCALE
XX.XX
“ ”

PROJECT CONTACTS PROJECT DATA

SHEET INDEX

ABBREVIATIONS AND LEGEND

GAS STATION AND C-STORE
Know what's
R
0 Scale 1" = ft50
50 100 150

ATTACHMENT B
898
N 38°43'00" W
280.61'
N 51°17'00" E334.94'
S 37°14'00" E
236.83'
N 62°36'00" E
323.43'
R=20.00'
D=101°19'00"L=35.37'
172.51'N 62°36'00" E
N 27°24'00" W
175.89'

FND REBAR/CAP
IN MON WELL"RCE 14259"

FND REBAR/CAP
IN MON WELL"RCE 14259"
CAPELL259"
183.61'
(BASIS OF BEARINGS)
N 38°43'00" W
621.44'

15.00' P.U.E.
[Doc No. 90-010222]7

RIGHT-OF-WAY EASEMENT
[Doc No. 2009-148667]
[Doc No. 2009-148668]
89 (N 36°38'00" W)

HAYES INVESTMENTS PTP
[Doc No 1988-053057]LANDS OF
PARCEL 1
64,501.4
SF/

1.48 AC
PARCEL 2
27,026.3
SF/

0.62 AC
FF 15.45
FF 15.15
Know what's
R

ATTACHMENT B
899
(N 36°38'00" W)

HAYES INVESTMENTS PTP
[Doc No 1988-053057]LANDS OF
FF 15.45
FF 15.15
Know what's
R

ATTACHMENT B
900
NN
202 East Cota Street
Santa Barbara, CA 93101
tel 805.962.9055
fax 805.962.5658
arcadiastudio.com
0 20 4010

TREE & PLANT LEGEND
NAME SIZE QTY Water Use
Acacia stenophylla / 15 Gal 10 Low Shoestring Acacia
Lagerstroemia indica x fauriei 'Natchez' / 24" box 15 Low Natchez Crape Myrtle
Leptospermum 'Dark Shadows' / 15 Gal 9 Low Dark Shadows Tea Tree
Pistacia chinensis 'Keith Davey' / 24" box 6 Low Keith Davey Chinese Pistache
Pinus coulteri / 24" box 7 Low
Coulter Pine
Anigozanthos 'Big Red' / 5 Gal 90 Low Red Kangaroo Paw
Cistus salvifolius 'Prostratus' / 5 Gal 61 Low Sageleaf Rockrose
Hesperaloe parviflora / 5 Gal 68 Low
Red Yucca
Nandina 'Gulf Stream' / 5 Gal 129 Low Gulf Stream Heavenly Bamboo
Rhamnus californica 'Mound San Bruno' / 5 Gal 80 Low Coffeeber
Macfadyena unguis-cati / 5 Gal 14 Low Cat's Claw Vine
Bulbine frutescens / 1 Gal 36" o.c. Low
Orange Bulbine
Dianella revoluta 'Baby Bliss' / 1 Gal 24" o.c. Low Baby Bliss Flax Lily
Chondropetalum tectorum 'Dwarf' / 1 Gal 36" o.c. Low Dwarf Cape Rush
Chondropetalum elephantinum / 1 Gal 36" o.c. Low Large Cape Rush

CONCEPTUAL PLANT PALETTE
Trees Shrubs and Perennials
No. 3513
EXP. 10.31.24
Leptospermum 'Dark Shadows' / Dark Shadows Tea Tree
Leptospermum 'Dark Shadows' /
Dark Shadows Tea Tree
Macafadyena unguis-cati /
Cat's Claw Vine
Anigozanthos 'Big Red' /
Red Kangaroo Paw
Acacia stenophylla /
Shoestring Acacia
Lagerstroemia indica x fauriei 'Natchez' /
Natchez Crape Myrtle
Pistacia chinensis 'Keith Davey' /
Keith Davey Chinese Pistache
Pinnus coulteri /
Coulter Pine
Anigozanthos 'Big Red' /
Red Kangaroo Paw
Cistus salvifolius 'Prostratus' /
Sageleaf Rockrose
Macafadyena unguis-cati /
Cat's Claw Vine
Hesperaloe parvifolia /
Red Yucca
Rhamnus californica 'Mound San Bruno'/
Coffeeberry
Dianella revoluta 'Baby Bliss' /
Baby Bliss Flax Lily
Nandina 'Gulf Stream' /
Gulf Stream Heavenly Bamboo
Bulbine frutescens /
Orange Bulbine
Chondropetalum tectorum 'Dwarf' /
Dwarf Cape Rush
Chondropetalum elephantinum /
Large Cape Rush
Dianella revoluta 'Baby Bliss' /
Baby Bliss Flax Lily
Nandina 'Gulf Stream' /
Gulf Stream Heavenly Bamboo
Acacia stenophylla /
Shoestring Acacia
Lagerstroemia indica x fauriei 'Natchez' /
Natchez Crape Myrtle
Cistus salvifolius 'Prostratus' /
Sageleaf Rockrose
Hesperaloe parvifolia /
Red Yucca
Rhamnus californica 'Mound San Bruno'/
Coffeeberry
Bulbine frutescens /
Orange Bulbine
Chondropetalum tectorum 'Dwarf' /
Dwarf Cape Rush
Chondropetalum elephantinum /
Large Cape Rush
Pistacia chinensis 'Keith Davey' /
Keith Davey Chinese Pistache
Pinus coulteri /
Coulter Pine
3" Thick wood mulch layer
3" Thick wood mulch layer
N
N

ATTACHMENT B
901
ARCO
bp

BP WEST COAST PRODUCTS, LLC
PLANS PREPARED BY:

A & S ENGINEERING INC.

PLANNING ENGINEERING CONSTRUCTION MANAGEMENT
28405 SAND CANYON ROAD, SUITE B
CANYON COUNTRY, CA 91387
PHONE #: (661) 250-9300; FAX #: (661) 250-9333

ADDRESS
9036 THORNTON ROAD
STOCKTON, CA 95209

CONSTRUCTION

FLOOR PLAN
A1.1

FLOOR PLAN
SALES
AREA

WALK-IN
COOLER

STORAGE
ROOM

WALK-IN

FREEZER
REST-
ROOM
REST-

ROOM CASHIER
AREA
OFFICE

ATTACHMENT B
902

GENERAL NOTES

KEYED NOTES

ROOFING

ROOF PLAN
ARCO
bp

BP WEST COAST PRODUCTS, LLC
PLANS PREPARED BY:

A & S ENGINEERING INC.

PLANNING ENGINEERING CONSTRUCTION MANAGEMENT
28405 SAND CANYON ROAD, SUITE B
CANYON COUNTRY, CA 91387
PHONE #: (661) 250-9300; FAX #: (661) 250-9333

ADDRESS
9036 THORNTON ROAD
STOCKTON, CA 95209

CONSTRUCTION

FLOOR PLAN
A1.4

ATTACHMENT B
903

LIGHTING

CONTROLS
ACCESS

ACCESS BY

QUALIFIED

PERSONNEL
ONLY!
 





LIGHTING

CONTROLS
ACCESS

ACCESS BY

QUALIFIED

BP WEST COAST PRODUCTS, LLC
PLANS PREPARED BY:

A & S ENGINEERING INC.

PLANNING ENGINEERING CONSTRUCTION MANAGEMENT
28405 SAND CANYON ROAD, SUITE B
CANYON COUNTRY, CA 91387
PHONE #: (661) 250-9300; FAX #: (661) 250-9333

ADDRESS
9036 THORNTON ROAD
STOCKTON, CA 95209

EXTERIOR

ELEVATIONS
A2.2

SOUTH ELEVATION

WEST ELEVATION

GENERAL NOTES

KEYED NOTES

NORTH ELEVATION

EAST ELEVATION

COLOR LEGEND

MATERIAL LEGEND

ATTACHMENT B
904
ARCO
bp

BP WEST COAST PRODUCTS, LLC
PLANS PREPARED BY:

A & S ENGINEERING INC.

PLANNING ENGINEERING CONSTRUCTION MANAGEMENT
28405 SAND CANYON ROAD, SUITE B
CANYON COUNTRY, CA 91387
PHONE #: (661) 250-9300; FAX #: (661) 250-9333

ADDRESS
9036 THORNTON ROAD
STOCKTON, CA 95209

COLOR EXTERIOR

ELEVATIONS
CWA2.2

KEYED NOTES

COLOR LEGEND

MATERIAL LEGEND

NORTH-WEST ELEVATION

SOUTH-EAST ELEVATION

NORTH-EAST ELEVATION SOUTH-WEST ELEVATION

ATTACHMENT B
905

SOUTH CANOPY ELEVATION

NORTH CANOPY ELEVATION
ARCO
bp

BP WEST COAST PRODUCTS, LLC
PLANS PREPARED BY:

A & S ENGINEERING INC.

PLANNING ENGINEERING CONSTRUCTION MANAGEMENT
28405 SAND CANYON ROAD, SUITE B
CANYON COUNTRY, CA 91387
PHONE #: (661) 250-9300; FAX #: (661) 250-9333

ADDRESS
9036 THORNTON ROAD
STOCKTON, CA 95209
CANOPY

ELEVATIONS
A6.1
O.S
02/08/2023

COLOR LEGEND

ATTACHMENT B
906

EAST CANOPY ELEVATION

WEST CANOPY ELEVATION
ARCO
bp

BP WEST COAST PRODUCTS, LLC
PLANS PREPARED BY:

A & S ENGINEERING INC.

PLANNING ENGINEERING CONSTRUCTION MANAGEMENT
28405 SAND CANYON ROAD, SUITE B
CANYON COUNTRY, CA 91387
PHONE #: (661) 250-9300; FAX #: (661) 250-9333

ADDRESS
9036 THORNTON ROAD
STOCKTON, CA 95209
CANOPY

ELEVATIONS
A6.2

COLOR LEGEND
O.S
02/08/2023

ATTACHMENT B
907
ARCO
PLANS PREPARED BY:

A & S ENGINEERING INC.

PLANNING ENGINEERING CONSTRUCTION MANAGEMENT
28405 SAND CANYON ROAD, SUITE B
CANYON COUNTRY, CA 91387
PHONE #: (661) 250-9300; FAX #: (661) 250-9333

ARCO FASCIA DECAL AND LED LASERLINE

ARCO FASCIA CHANNEL LETTERS

HALF ROUND LED LASERLINE

ARCO FASCIA SPARK SIGN
FRONT VIEW - TYPICAL CANOPY FASCIA, 15" BULLNOSE DECAL 15" BULLNOSE DECAL, VINYL GRAPHIC FOR CANOPY FASCIA

PROPOSED FASCIA DETAIL
WIDE BODY DISPENSER - ILLUMINATED VALANCE DETAILS & WAYNE OVATION - MODEL #B12 / 322XD6 / K / N- 6 (3+0) & MODEL #B23 / 422XD6 / K / N- 3 (3+1) OS
05/26/2023

ATTACHMENT B
908
ARCO
bp

BP WEST COAST PRODUCTS, LLC
PLANS PREPARED BY:

A & S ENGINEERING INC.

PLANNING ENGINEERING CONSTRUCTION MANAGEMENT
28405 SAND CANYON ROAD, SUITE B
CANYON COUNTRY, CA 91387
PHONE #: (661) 250-9300; FAX #: (661) 250-9333

ADDRESS
9036 THORNTON ROAD
STOCKTON, CA 95209

DIRECTIONAL ARROW/ GRAPHIC SCALE

VICINITY MAP
60 1"=30'-0"

GRAPHIC SCALE
030 30

SCOPE OF WORK

1.0 2.2

2.3 2.1

3.0 4.0

WAUDMAN AVE

THORNTON ROAD CL
CL
NO

PARKING
NO

PARKING
OS
05/26/2023

1.0 1.0

3.0 2.22.2

2.2 2.2

2.2 4.0

4.0 2.1

2.1 2.3

ATTACHMENT B
909
ARCO
PLANS PREPARED BY:

A & S ENGINEERING INC.

PLANNING ENGINEERING CONSTRUCTION MANAGEMENT
28405 SAND CANYON ROAD, SUITE B
CANYON COUNTRY, CA 91387
PHONE #: (661) 250-9300; FAX #: (661) 250-9333

WAUDMAN AVE

THORNTON ROAD CL
CL
NO

PARKING
NO

PARKING
OS
05/26/2023

ATTACHMENT B
910
A-A
A-A
B-B
B-B
ARCO
bp

BP WEST COAST PRODUCTS, LLC
PLANS PREPARED BY:

A & S ENGINEERING INC.

PLANNING ENGINEERING CONSTRUCTION MANAGEMENT
28405 SAND CANYON ROAD, SUITE B
CANYON COUNTRY, CA 91387
PHONE #: (661) 250-9300; FAX #: (661) 250-9333

ADDRESS
9036 THORNTON ROAD
STOCKTON, CA 95209
TRASH

ENCLOSURE
T.E.1
IJ
08/17/2020

ATTACHMENT B
911

ATTACHMENT C
912

ATTACHMENT C
913

ATTACHMENT C
914

ATTACHMENT C
915

ATTACHMENT C
916

ATTACHMENT C
917

ATTACHMENT C
918

ATTACHMENT C
919

ATTACHMENT C
920

ATTACHMENT C
921
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROV ING A GENERAL PLAN AMENDMENT FOR ASSESSOR PARCEL NUMBER 072-410-43 BY MODIFYING THE BOUNDARY OF THE EXISTING

ADMINISTRATIVE PROFESSIONAL LAND USE DESIGNATION FOR A PROPOSED PROJECT, LOCATED AT 9036 THORNTON ROAD (P23-0083)

On March 23, 2023, the applicant, Al Shaghaghi, submitted a request to, amongst other requests, prepare a General Plan Amendment of approximately 1.48-acres of APN 072-410-43 to a Commercial General Plan Designation and the remaining approximately

0.62-ares to a Medium Density Residential General Plan Designation; and

On October 30, 2023, a public notice for the subject application was published in local newspaper in accordance with Stockton Municipal Code (SMC) Section 16.88.030; and
On November 9, 2023, the Planning Commission conducted a public hearing on the application, in compliance with SMC Section 16.116.040(D), at which point all persons wishing to be hear d were provided such opportunity , and direction w as given to staff to prepare an approval resolution which was ratified on December 14, 2023; and

On February 6 , 2024, the City Council conducted a public hearing on the application, in compliance with SMC Section 16.166.040(D), at which point all persons wishing to be heard were provided such opportunity; and

On February 6, 2024, the City Council approved the General Plan Amendment and Rezone for the Project; now, therefore,

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

A. The foregoing recitals are true and correct and incorporated by reference.

B. Based on its review of the entire record herein, the City Council affirms the following findings, pursuant to Municipal Code Section 16.116.050.B.1:

1. The proposed amendment ensures and maintains internal consistency with general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance and would not create any inconsistencies with this Development Code.

The proposed General Plan Amendment would maintain consistency with other applicable General Plan goals and policies, including:

922
Policy LU-4.2 “Attract employment- and tax-generating businesses that support the economic diversity of the city.”

 Policy LU -6.2 “Prioritize development and redevelopment of vacant, underutilized and blighted infill areas.”
 Action CH -2.1C: “Develop incentives to promote reuse of distressed areas, such as through re-zoning, permit streamlining, density bonuses, and other appropriate tools.”
 Policy CH-2.2: “Stimulate investment through partnerships with private property owners, neighborhood groups, health and housing advocates, nongovernmental organizations, and other community supporters.”  Action CH -2.2A: “…Encourage private investment in older neighborhoods. Cooperate in joint public-private partnerships to invest in older neighborhoods.”

With the adoption of a companion Zoning Map Amendment, t he project would not create any inconsistencies with the Development Code . ((16.116.050)(B)(1)(a))

2. The proposed amendment will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City.

The proposed development would not result in hazard to the public convenience, health, interest, safety, or general welfare for people working or residing in the City. The development will be subject to compliance with City development standards and for provision of all necessary infrastructure. All necessary City services will be provided as part of the project, including for Police and Fire protection services. ((16.116.050)(B)(1)(b))

3. The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.

The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines, in accordance with the provisions of section 15332(b) - which consists of projects characterized as in -fill development that meet: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zo ning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services. ((16.116.050)(B)(1)(c)).

923
City Council Action

Based on its review of the entire record herein, including all supporting, referenced, and incorporated documents, and all comments received, the City Council hereby approves a General Plan Amendment to modify the Land Use Map for an approximately 1.48 -acre portion of Assessor’s Parcel Number 072-410-43 from Administrative Professional to Commercial, and the remaining approximately 0.62-acres portion from Administrative Professional to Medium Density Residential as shown in Exhibit 1.

PASSED, APPROVED, and ADOPTED February 6, 2024 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton

ATTEST:

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

924

THORNTON ROAD

WAUDMAN AVENUE
CONNIE
PARCEL 2

1.481± ACRES
S 38°43'00" E 280.61'
N 51°17'00" E 334.94'
N 37°14'00" W 236.83'
N 62°36'00" E
323.43'
R=20.00'D=101°19'00"
L=35.37'

0.620± ACRES
114.15'
209.28'
105.80'229.14'
PARCEL 1
N 38°43'00" W 259.15'
AVENUE

POINT OF

BEGINNING

TRUE POINT

OF BEGINNING
PARCEL 2
NORTH
EXHIBIT "B"

CITY OF STOCKTON CALIFORNIA

GENERAL PLAN AMENDMENT

PLAT TO ACCOMPANY LEGAL DESCRIPTION
1 1
EXHIBIT 1
925

ORDINANCE NO.

AN ORDINANCE APPROVING A REZONE OF ASSESSOR PARCEL NUMBER 072- 410-43 FROM COMMERCIAL, OFFICE (CO) TO COMMERCIAL, GENERAL (CG) FOR A 1.48-AC PORTION OF THE SITE AND RESIDENTIAL, MEDIUM DENSITY (RM) FOR THE REMAINING 0.62-AC, LOCATED AT 9036 THORNTON ROAD (P23-0083)

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

SECTION I. FINDINGS AND INTENT
The City Council of the City of Stockton finds, pursuant to Stockton Municipal Code section 16.116.050(B):

A. Based on its review of the entire record herein, the Planning Commissi on makes the following recommended findings to City Council, pursuant to Municipal Code section 16.116.050.B.1 and B3:

The proposed Zoning Map Amendment would maintain consistency with applicable General Plan goals and policies, including:

i. Goal LU -4: Attract and retain companies that offer high -quality jobs with wages that are competitive with the region and state.

ii. Policy LU -4.2: Attract employment - and tax -generating businesses that support the economic diversity of the city.

iii. Policy LU -6.2: Prioritize development and redevelopment of vacant, underutilized, and blighted infill areas.

As the proposed amendment concerns the Zoning Map, no inconsistencies with the Development Code text would result. ((16.116.050)(B)(1)(a))

necessary City services will be provided as part of the project, including for Police and Fire protection services. ((16.116.050)(B)(1)(b))

3. The proposed amendment complies with the California
Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.

The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines, in accordance with the provisions of section 15332(b) - which consists of projects characterized as in- fill development that meet: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approva l of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services. ((16.116.050)(B)(1)(c))

4. The site would be physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use developments.

Based on the information provided by the ap plicant and each departments analysis, the subject site would be physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation and anticipate d land use development. ((16.116.050)(B)(3))
SECTION II. REZONE CLASSIFICATION

Based on its review of the entire record herein, including the accompanying staff report, all supporting, referenced, and incorporated documents, and all comments received, the City Council hereby approves an Amendment for the boundary modification to the Zoning Map of APN 072-410-43, changing the existing designation of Commercial, Office (CO) zoning to Commercial, General (CG) zoning for a 1.48 -acre portion of the site, and Residential, Medium Density (RM) for the remaining 0.62 -acres, as shown in Exhibit 1, attached and incorporated by this reference.

//
//
//
//
//
//
//
927

SECTION III. SEVERABILITY

If any part of this Ordinance is held invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passes the remainder of this Ordinance, is such invalid portion thereof had been deleted.

SECTION IV. EFFECTIVE DATE

This Ordinance shall take effect and be in full force thirty days after its passage.

ADOPTED:

EFFECTIVE:

KEVIN J. LINCOLN II
Mayor of the City of Stockton

ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
928

THORNTON ROAD

WAUDMAN AVENUE
CONNIE
PARCEL 2

1.481± ACRES
S 38°43'00" E 280.61'
N 51°17'00" E 334.94'
N 37°14'00" W 236.83'
N 62°36'00" E
323.43'
R=20.00'D=101°19'00"
L=35.37'

0.620± ACRES
114.15'
209.28'
105.80'229.14'
PARCEL 1
N 38°43'00" W 259.15'
AVENUE

POINT OF

BEGINNING

TRUE POINT

OF BEGINNING
PARCEL 2
NORTH
EXHIBIT "B"

CITY OF STOCKTON CALIFORNIA
REZONE

PLAT TO ACCOMPANY LEGAL DESCRIPTION
1 1
DRAFT
Proposed Zoning:

Commercial, General (CG)
Proposed Zoning:

Residential, Medium Density (RM)
EXHIBIT 1
929
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION OF INTENT TO APPROVE AMENDMENTS TO THE GENERAL PLAN

LAND USE MAP FOR MULTIPLE PROPERTIES THROUGHOUT THE CITY

In 2016, the Stockton City Council directed City staff to overhaul the 2035 General Plan to better align the community vision with expected growth patterns for the next twenty years. After years of community outreach and analysis, the City Council adopted the Envision Stockton 2040 General Plan ("General Plan") on December 4, 2018; and

As required by State Law (Gov. Code § 65860), the City must amend its Zoning Code (Title 16 Development Code), development standards, and Zoning Map to be consistent with the General Plan; and

In 2020, City staff identified thousands of properties with inconsistencies between the General Plan or Zoning. Due to the significant level of analysis and outreach necessary to make informed recommendations on the inconsistency, Staff proposed a series of amendments to correct these Inconsistencies; and

From 2020 to 2022, the City of Stockton made numerous amendments to the City’s General Plan Land Use Map, Citywide Zoning Map, and Development Code (zoning) to align with the General Plan and changes to State Law: and

After the amendments were adopted, City Staff identified 128 additional properties that required further amendments due to a split General Plan or zoning designation of the site and/or owner requests to improve the usability of the property further: and

On March 23, 2023, the City hosted a neighborhood meeting for affected owners in an effort to receive feedback on the proposed amendments. Currently, no comments for or against the project have been received; and

On April 13, 2023, the Planning Commission held a duly noticed public hearing, pursuant to Stockton Municipal Code (SMC) Section 16.116.040(D), and voted 6-0 (Jones Absent) recommending the City Council approve the proposed map amendments; and

Government Code Section 63558(b) of the California Code limits the City to four (4) General Plan Amendments annually; and

To accommodate development and other General Plan amendments requested for the calendar year, the City will consolidate the proposed City -Initiated General Plan Amendment with another proposed General Plan Amendment as one amendment approval to be heard by the City Council under a separate item at a later hearing. That consolidated amendment will be noticed in the Record and presented to the City Council 930
after the Council has taken action on the other proposed General Plan Amendment; and

On February 6, 2024, the City Council held a duly noticed public hearing, pursuant to Stockton Municipal Code (SMC) Section 16.116.040(D), to consider the proposed map amendments, at which all times all interested parties had the opportunity to be heard; now, therefore,

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

1. Pursuant to SMC section 16.116.050(B), the City Council makes the following Mandatory Findings of Fact for General Plan Land Use Map Amendments:

a) The proposed amendment ensures and maintains internal consistency with general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance and would not create any inconsistencies with this Development Code.

Evidence: The purpose of t
he proposed City initiated amendments to the General
Plan Land Use Map and Zoning Map is to maintain consistency between both maps. The proposed amendments include rezones to create consistency with the General Plan Land Use Map and changes to the General Plan Land Use Map to create consistency with the Zoning Map where staff determined it was more appropriate to support the existing underlying use of a parcel. None of the proposed amendments to the General Plan Land Use Map and Zoning Map will create inconsistencies with the Development Code and will in fact the proposed changes will make it easier to apply the Development Code by aligning the General Plan and zoning land use designation of parcels. Future development will need to comply with all applicable zoning and development standards as well as all building and fire regulations for health and safety.

T
he proposed amendments to the General Plan Land Use Map and Zoning Map maintain consistency and are supported by the following General Plan policies:

• Action LU-6.6D Review and update the Zoning District Map to ensure consistency with the updated General Plan.
• Policy LU-6.2 Prioritize development and redevelopment of vacant, underutilized, and blighted infill areas.
• Policy LU-1.1 Encourage retail businesses and housing development in mixed-use developments along the region.

b) The proposed amendment will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City.
931
Evidence: The purpose of the proposed City initiated amendments to the General Plan Land Use Map and Zoning Map is to maintain consistency between both maps. The proposed amendments include rezones to create consistency with the General Plan Land Use Map and changes to the General Plan Land Use Map to create consistency with the Zoning Map where staff determined it was more appropriate to support the existing underlying use of a parcel and surrounding properties. The proposed map consistency changes to 116 parcels are intended to support and strengthen the existing underlying uses of these parcels and make it easier to apply the Development Code standards and all building and fire regulations on future development uses of these parcels, and as a result will not endanger, jeopardize, or otherwise constitute a hazard to public health and safety.

c) The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.

Evidence: The proposed amendments do not require further environmental analysis under the California Environmental Quality Act (CEQA) per section 15183 for projects which are consistent with the development impacts established by a Community Plan, General Plan, or zoning for which an environmental impact report (“EIR”) has been certified. The GPEIR was prepared and certified by the City Council as part of the Envision Stockton 2040 General Plan process (SCH# 2017052062).

T
here are approximately 83,327 total properties within the City Limits and the amendments account for only 0.15% of all properties within the City Limits programmatically analyzed in the General Plan EIR. The proposed amendments will not result in a physical change to the properties nor decrease the number of properties designated towards meeting the City’s RHNA. None of the potential changes being considered by the Commission will impact the analysis or conclusions of the GPEIR as the proposed amendments will correct zoning inconsistencies and align designations with the existing and/or surround land uses.

In addition, tribal consultation was completed consistent with State law for proposed General Plan amendments. Future development proposals based on the amendments would be reviewed case-by-case for consistency with this review and the GPEIR.

2. Pursuant to Government Code section 65863, the City may not reduce the residential density for any parcel to a lower residential density unless it makes written findings supported by substantial evidence of both of the following:

a) The reduction is consistent with the adopted General Plan, including the housing element.

Evidence: None of the proposed amendment sites in listed in the 2015- 20 23 Housing Element as a property needed towards meeting the City's fair share of Regional Housing Needs Allocation ("RHNA").
932
b) The remaining sites identified in the housing element are adequate to meet the requirements of Section 65583.2 and to accommodate the jurisdiction's share of the regional housing need pursuant to Section 65584. The finding shall include a quantification of the remaining unmet need for the jurisdiction's share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level.

Evidence: Th
e "no net loss" provision of Government Code section 65683 requires that certain findings be made if the City reduces residential density on any property to a lower residential density. The proposed amendments will not decrease the number of properties available to provide new housing as many are existing residential and nonresidential uses or amended to reflect the current or surrounding uses on the property.

3. Th
e City Council hereby finds no further environmental analysis is required beyond the Envision Stockton 2040 General Plan Environmental Impact Report per CEQA section 15183 and adopts a Resolution amending the Stockton General Plan Land Use Map as shown and described in Exhibit 1, attached hereto.

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

PASSED, APPROVED, and ADOPTED February 6, 2024 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton

ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
933
EXHIBIT 1
934
EXHIBIT 1
935
EXHIBIT 1
936
EXHIBIT 1
937
EXHIBIT 1
938
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34

A B C D E F G H
ApnText
General Plan
Neighborhood Address Existing GP Proposed GP Existing Zoning Proposed
Zoning Reason
9811003 Brookside/Country Club 6727 CUMBERLAND PL LDR LDR RL/RM RL Split Zone/Lincoln Village 10020041 Brookside/Country Club 3500 W BENJAMIN HOLT MDR MDR RM/RL RM Split Zone/Lincoln Village
Condos
11628001 Brookside/Country Club 3536 BROOKVIEW DR C C CG/RL CG Split Zone/Brookside
Clubhouse
11714016 East Stockton 1800 N WILSON WY C C CG/RL CG Split Zone 11727025 East Stockton 1604 N WILSON WY C C CG/RL CG
Split Zone/Homekey
Hotel
14109033 East Stockton 2054 E FLORA ST STOCKTON CA 95205 IND IND IL/IG IL Split Zone/Industrial
Building
15102303 East Stockton 1326 E HARDING WY C C CG/RL CG Split Zone/Commercial
Business
15102304 East Stockton 1346 E HARDING WY LDR C RL/CG CG Split Zone/Commercial
Business
15107211 East Stockton -no addresses on property- HDR HDR RH/RM RH Split Zone/Parking Lot 15107609 East Stockton 1431 E PARK ST HDR HDR RH/RM RH Split Zone/Residential
Building
15116017 East Stockton
1119 CHANNEL ST STOCKTON CA
95205 INT C PF CN
Owner Request/Series 3
Carry Over
15304022 East Stockton
84 N WILSON WY STOCKTON CA
95205 ROW IND ROW IL
Owner Request/Series 3
Carry Over
15310211 East Stockton 2075 E MAIN ST C C CG/RM CG
Split Zone/Commercial
Building
15310213 East Stockton 2065 E MAIN ST C C CG/RM CG
Split Zone/Existing
Church
15312003 East Stockton
1960 E MINER AV STOCKTON CA
95205 ROW IND ROW IL
Owner Request/Series 3
Carry Over
15313016 East Stockton
2040 E FREMONT ST STOCKTON CA
95205 IND IND IG/IL IL
Split Zone/Existing
Industrial Building
15327031 East Stockton
2475 EAST MINER AVENUE
STOCKTON, CA 95205 IND MDR IL/RM RM
Split Zone/Owner
Requested
15535005 East Stockton 2250 E MAIN ST MDR C CG/RM CG
Split Zone/Vacant Lot
with SFR
6808013 Eight Mile/ Bear Creek 10711 THORNTON RD AP AP CO/RL CO Split Zone/The Commons
on Thorton
16707029 Industrial Annex
2402 S CALIFORNIA ST F STOCKTON
CA 95206 IND IND IG/IL IG Split Zone/Industrial Site
17745002 Industrial Annex 1 *UNASSIGNED STOCKTON CA 95206 ROW IND ROW IG Owner Requested 17746025 Industrial Annex 1456 SPERRY RD C IND CG IG
Owner Request/Due to
ALUC
17926063 Industrial Annex 3665 METRO DR IND IND IL/CG IL Split Zone/Industrial
Building
17746024 Industrial Annex 4607 S AIRPORT WY C IND CG IG Owner Request/Due to
ALUC
11332007 Midtown 2737 PACIFIC AV HDR HDR RH/RL RH Split Zone/Church 11335420 Midtown 2344 BEVERLY PL LDR LDR RL/CG RL Split Zone/House 11336307 Midtown 227 DORRIS PL LDR C RL CN
Split GPLU/Commercial
Facility
11336401 Midtown 2041 PACIFIC AV C C CN/RL CN
Split Zone /Commercial
Facility
11511505 Midtown 4133 N EL DORADO ST C C CN/RL CN Split Zone 12521001 Midtown 108 BLAIN AV MDR MDR RM/CN RM Split Zone/Existing Duplex 12536004 Midtown
2020 MARSHALL AV STOCKTON CA
95204 ROW HDR ROW RH
Owner Request/RJ Rail
Property next to existing
HDR Rail property
12702005 Midtown 145 W WYANDOTTE ST LDR C RL/GC CN
Split Zone/Mirale Mile
Parking Lot
12702025 Midtown 1926 PACIFIC AV C C CG/RM CG
Split Zone/Miracle Mile
Commercial
EXHIBIT 1
939
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 A B C D E F G H
12702026 Midtown 1906 PACIFIC AV C C CG/RM CG
Split Zone/Miracle Mile
Commercial
12715053 Midtown 415 E HARDING WY AP AP CO/CG CO Split Zone/Existing Office 12717216 Midtown 1901 N CALIFORNIA ST AP AP CO/RM CO Split Zone/Existing Office 12719032 Midtown 1800 N CALIFORNIA ST C C CG/CO CG Split Zone/St. Joes 12724012 Midtown 1805 N CALIFORNIA ST MDR AP RM/CO CO Split Designation/Existing
Office
13509007 Midtown 1626 CORNELL CT ROW AP ROW CO Series 3 Fix 13715421 Midtown 530 W ACACIA ST AP AP CO/RL CO
Split Zone/Dameron
Hospital
13715509 Midtown 445 W ACACIA ST AP AP CO/RL CO
Split Zone/Dameron
Hospital
13715510 Midtown 1032 N LINCOLN ST AP AP CO/RL CO Split Zone /Office 13902063 Midtown 1301 N EL DORADO ST C C CG/CO CG Split Zone/Church 13903008 Midtown 1236 N EL DORADO ST A C C CG/CO CG
Split Zone/Commercial
Building
13903045 Midtown 1130 N EL DORADO ST C C CG/CO CG
Split Zone/Existing
Commercial
13903046 Midtown 1140 N EL DORADO ST A C C CG/CO CG
Split Zone/Commercial
Building
13903061 Midtown 1149 N EL DORADO ST A C C CG/CO CG
Split Zone/Commercial
Building
13904002 Midtown 1031 N EL DORADO ST G C C CG/CO CG
Split Zone/Commercial
Building
13904006 Midtown 1040 N EL DORADO ST C C CG/CO CG
Split Zone/Commercial
Building
13905102 Midtown 845 N EL DORADO ST C C CD/CO CN
Split Zone/Commercial
Building
13905104 Midtown 807 N EL DORADO ST C C CD/CO CN
Split Zone/Commercial
Building
13905203 Midtown 747 N EL DORADO ST C C CD/CO CN Split Zone/Parking lot 13917314 Midtown 809 N CALIFORNIA ST C C CG/CO CG Split Zone 13917406 Midtown 729 N CALIFORNIA ST 5 C C CG/CO CG
Split Zone/Commercial
Building
13917518 Midtown 826 N CALIFORNIA ST C C CG/CO CG Split Zone 13917410 Midtown 427 E PARK ST AP C CO CG Owner Request 10407036
Morada/ Holman
Neighborhood 5370 CARRINGTON CI HDR HDR RH/CO RH
Split Zone /Rivewrwood
Healthcare Center
07742023
Pacific Avenue/ Lincoln
Village 1001 W LINCOLN RD MDR MDR RM/RL RM
Split Zone/Lincoln Square
Condominium
08102006
Pacific Avenue/ Lincoln
Village 7620 N EL DORADO ST 1 HDR HDR RH/RL RH
Split Zone/Oakwood
Apartments
08134601
Pacific Avenue/ Lincoln
Village 5 W SWAIN RD AP AP CO/RL CO Split Zone/Mayfair
08152046
Pacific Avenue/ Lincoln
Village 445 SAN CARLOS WY SIGN AP AP CO/CG CO Split Zone/Mission Park 09729029
Pacific Avenue/ Lincoln
Village 1691 W SWAIN RD 6 LDR HDR RL/RH RH
Split Zone/Stamford
Court Apartments
10220006
Pacific Avenue/ Lincoln
Village 72 W YORKSHIRE DR HDR HDR RH/RL RH
Split
Designation/Sherwood
Village Apartments
10220027
Pacific Avenue/ Lincoln
Village -no addresses on property- MDR HDR RH RH
Split
Designation/Sherwood
Village Apartments
10220036
Pacific Avenue/ Lincoln
Village 42 W LANCASTER DR HDR HDR RH/RM RH
Split
Designation/Sherwood
Village Apartments
10220037
Pacific Avenue/ Lincoln
Village 44 W YORKSHIRE DR MDR HDR RM/RH RH
Split
Designation/Sherwood
Village Apartments
EXHIBIT 1
940
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100

A B C D E F G H
10220075
Pacific Avenue/ Lincoln
Village 39 W LANCASTER DR LDR LDR RL/RM RL Split Zone
10224019
Pacific Avenue/ Lincoln
Village 321 W YOKUTS AV C C CL/RL CL
Split Zone/Sherwood Mall
Parking Lot
10224022
Pacific Avenue/ Lincoln
Village 5400 PACIFIC AV C C CL/RL CL
Split Zone/Sherwood Mall
Parking Lot
10802004
Pacific Avenue/ Lincoln
Village 5600 ALEXANDRIA PL MDR MDR RM/RL RM
Split Zone /Flora Arca
Mata Elementary
10813024
Pacific Avenue/ Lincoln
Village 5757 PACIFIC AV A120 C C CL/CO CL
Split Zone/StoneCreek
Village
11011007
Pacific Avenue/ Lincoln
Village 2323 GRAND CANAL BL AP AP CO/CG CO
Split Zone/Stockton
Hilton
11020312
Pacific Avenue/ Lincoln
Village 1105 EL MONTE ST LDR LDR RL/RM RL Split Zone /Home 11227018
Pacific Avenue/ Lincoln
Village 4901 GROUSE RUN DR MDR MDR RM/RL RM Split Zone/QuailBrook 14708215 South Stockton
353 W DR MARTIN LUTHER KING JR

BL C C CG/RL CG
Split Zone/Commercial
Building
14708216 South Stockton
309 W DR MARTIN LUTHER KING JR

BL C C CG/RL CG
Split Zone/Commercial
Building
14726313 South Stockton 407 E DR MARTIN LUTHER KING JR BL HDR C RH/CG CG Split
Designation/Commercial
Building
14734112 South Stockton
619 E DR MARTIN LUTHER KING JR
BL HDR C RH/RM CN Split Zone
14909108 South Stockton 333 S SUTTER ST STOCKTON CA 95203 C C CG/CD CG Split Zone/Commercial
Building
15133504 South Stockton 1426 E WORTH ST MDR MDR RM/CG RM Split Zone/Existing Home 15511002 South Stockton 1022 S WILSON WY C C IL/CG CG Split Zone/Existing Hotel 15511003 South Stockton 1025 BIEGHLE AL ROW IND ROW IG Split Zone/Series 3 Carry
Over
15512018 South Stockton
1747 E DR MARTIN LUTHER KING JR BL
STOCKTON CA 95205 IND IND IG/IL IG
Split Zone/Existing
Industrial Building
16507435 South Stockton 20 W FOURTH ST C C CG/RL CG
Split Zone/Commercial
Building
16508017 South Stockton 5 W FIFTH ST C C CG/RL CG
Split Zone/Commercial
Building
16517083 South Stockton 547 W SEVENTH ST LDR LDR RL/RM RL Split Zone/Existing
Church
16518127 South Stockton 2314 TURNPIKE RD MDR MDR RM/RL RM Split Zone/Existing SFR 16523041 South Stockton 2543 S EL DORADO ST 70 LDR LDR RL/CG RL Split Zone/Existing
Mobilehomes
16536023 South Stockton 2233 S EL DORADO ST LDR LDR RL/CG RL Split Zone/Vacant Lot 16702317 South Stockton 1411 S HUNTER ST C C CG/RL CG Split Zone 16702503 South Stockton 1415 S SAN JOAQUIN ST LDR C RL/CG CG Split Zone/Commercial
with SFR Building
16702514 South Stockton
210 E DR MARTIN LUTHER KING JR
BL C C CG/RL CG Split Zone
16715060 South Stockton 302 E DR MARTIN LUTHER KING JR BL C C CG/RL CG Split Zone 16715061 South Stockton
544 E DR MARTIN LUTHER KING JR

BL C C CG/RL CG
Split Zone/Commercial
Building
16718303 South Stockton 930 E DR MARTIN LUTHER C C CG/IL/IG CG Split Zone/Vacant Lot 17306031 South Stockton 3120 E FARMINGTON RD C C CL CG Owner Request 17513045 South Stockton
3417 S EL DORADO ST STOCKTON CA
95206 LDR C RL CG Owner Request
17513052 South Stockton
3515 S EL DORADO ST STOCKTON CA
95206 LDR C RL CG Owner Request
17513053 South Stockton 3531 S EL DORADO ST LDR C RL CG Owner Request EXHIBIT 1
941
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117

A B C D E F G H
17918029 South Stockton 3801 S STATE ROUTE 99 W FR RD ROW PRI ROW PF Series 3 Carry
Over/Landscape Buffer
with 69kv line
15131012 South Stockton -no addresses on property- ROW IND ROW IL Owner Request 14523012
The Port and Mount
Diablo Waterfront -no addresses on property- MDR C RM CG Owner Request/Series 3
Carry Over
14523013
The Port and Mount
Diablo Waterfront 800 W CHURCH ST MDR C RM CG
Owner Request/Series 3
Carry Over
14526010
The Port and Mount
Diablo Waterfront
404 S STOCKTON ST STOCKTON, CA
95203 MDR C RM CG
Owner Request/Series 3
Carry Over
16334002
The Port and Mount
Diablo Waterfront 1624 ARMY CT STOCKTON CA 95206 IND IND IG/IL IG Split Zone/Existing
Industrial Building
16334008
The Port and Mount
Diablo Waterfront 1681 ARMY CT STOCKTON CA 95206 IND IND IG/IL IG Split Zone/Existing
Industrial Building
16334009
The Port and Mount
Diablo Waterfront
2441 W CHARTER WY STOCKTON CA
95206 IND IND IG/IL IG
Split Zone/Existing
Industrial Building
16336012
The Port and Mount
Diablo Waterfront
2121 W CHARTER WY STOCKTON CA
95206 IND IND IG/IL IG
Split Zone/Existing
Industrial Building
16336013
The Port and Mount
Diablo Waterfront
1677 TILLIE LEWIS DR STOCKTON CA
95206 IND IND IG/IL IG
Split Zone/Existing
Industrial Building
16336017
The Port and Mount
Diablo Waterfront
2245 W CHARTER WY C STOCKTON CA
95206 IND IND IG/IL IG
Split Zone/Existing
Industrial Building
06603001
Trinity/Northwest
Stockton
5412 PASADENA DR STOCKTON CA
95219 LDR PRI PF/RL PF Split zone/Levee ROW
06603004
Trinity/Northwest
Stockton -no addresses on property- PRI PRI PF/MX PF Split zone/Faklis Park 06603006
Trinity/Northwest
Stockton 1 *UNASSIGNED STOCKTON CA 95219 OSA OSA OS/MX OS Split zone/Levee ROW 07126010
Trinity/Northwest
Stockton 8225 MARINERS DR MDR MDR RM/RH RM Split zone/Mariners Point 08227007
Upper Hammer Lane/
Thorton Road 8121 DON AVE LDR LDR RL/RM RL
Split zone/Creative
Childcare
16306023 Weston/Van Buskirk 1880 W CHARTER WY IND IND IL/RL IL Split Zone/Existing
Industrial Building
EXHIBIT 1
942

REQUEST FOR A GENERAL PLAN AMENDMENT AND REZONE

TO ALLOW THE ESTABLISHMENT OF A CONVENIENCE STORE
AT 9036 THORNTON ROAD (P23-0083) (APN 072-410-43)
Agenda Item 16.1
City Council Meeting
February 6, 2024
943
Location
Project
Site
944
General Plan
Project
Site
Administrative
Professional
Low Density
Residential
Commercial
Medium
Density
Residential
945
Zoning Map
Project
Site
Commercial, Office (CO)
Residential, Medium (RM)
Commercial,
General (CG)
Residential,
Low (RL)
946
Project Entitlements
CDD
• Lot Line
Adjustment
Planning
Commission
11/9/2023
• Recommendation
for GPA and Rezone
• Approved
• Use Permit
• Design Review
City Council
• General Plan
Amendment
• Rezone
947
Fueling
Station
Future Project
C-Store
Car
Wash
• 3,400 SF
Convenience Store
• 816 SF Car Wash
• 4606 SF Fuel Canopy
• 6 Fueling
Stations
• 12 Parking Stalls
• 25 Off-Street
Parking Spaces
948
General Plan & Rezone Findings
• Represents a minor adjustment to the land use
map
• Consistent with GP Policies such as:
• Policy LU-4.2 “Attract employment- and tax-generating businesses that support the economic diversity of the city.” • Policy LU-6.2 “Prioritize development and redevelopment of vacant, underutilized and blighted infill areas.”
• Action CH-2.2A: “…Encourage private investment in older neighborhoods. Cooperate in joint public-private partnerships to invest in older neighborhoods.”
• Project qualifies for exemption from location
requirements in recently amended Tobacco
Ordinance update
949
Recommendation
It is recommended that the City Council :
1) Approve a General Plan Amendment
2) Approve a rezone
950

City Council and Concurrent AuthoritiesFebruary 6, 2024

City Council and Concurrent Authorities
February 6, 2024