Agenda packet — City Council and Concurrent Authorities, April 2, 2024 (part 2 of 6)

Local Construction Contract – CONSOLIDATED ENGINEERING INC. – PROJECT NO. WD22011 (Updated 10/18/23)

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

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

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

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

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 45 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 THIRTY-FIVE HUNDRED AND NO/100 DOLLARS ($3,500.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

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

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Local Construction Contract – CONSOLIDATED ENGINEERING INC. – PROJECT NO. WD22011 (Updated 10/18/23)
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
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d) http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

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Local Construction Contract – CONSOLIDATED ENGINEERING INC. – PROJECT NO. WD22011 (Updated 10/18/23)
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 rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.

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

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Local Construction Contract – CONSOLIDATED ENGINEERING INC. – PROJECT NO. WD22011 (Updated 10/18/23)
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
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:

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Local Construction Contract – CONSOLIDATED ENGINEERING INC. – PROJECT NO. WD22011 (Updated 10/18/23)
ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.

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

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

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

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

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.

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Local Construction Contract – CONSOLIDATED ENGINEERING INC. – PROJECT NO. WD22011 (Updated 10/18/23)
other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.

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

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

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

ATTEST: CITY:

ELIZA R. GARZA

CITY CLERK
By:

By: HARRY BLACK

CITY MANAGER
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

CONSOLIDATED ENGINEERING INC.

By:

DEPUTY CITY ATTORNEY
Tax Identification No.

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EXHIBIT A

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EXHIBIT 2 252

EXHIBIT A

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EXHIBIT 2 253

EXHIBIT A

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EXHIBIT 2 254

EXHIBIT A

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EXHIBIT 2 255
1/23/24, 10:31 AM cadi r. my.salesforce-sites.com/ContractorSearch/PrintRegDetails lContractor Information
Legal Entity Name
Consolidated Engineering, Inc.

Legal Entity Type
Corporation
Status
Active
Registration Number
PW-LR-1000529783
Registration effective date
7/1/2023
Registration expiration date
6/30/2026
Mailing Address
P.O. Box 701 Valley Springs 95252 CA United Sta ...

Physical Address
5860 Amos Lane Valley Springs 95252 CA Unite ...

Email Address
Trade Name/DBA
License Number(s)
CSLB:1013580
I Entity Information
Corporation Number:

Federal Employment Identification Number:

President Name:

Casey Curtin
Vice President Name:

Treasurer Name:

Secretary Name:

CEO Name:

Agent of Service Name:

Cassi Tatham
Agent of Service Mailing Address:

PO Box 701 Valley Springs 95252 CA United States of America https ://cadlr. my.salesforce-sites .com/ContractorSearch/PrintRegDetails Registration History
•....... ··r········· ····
Effective Date E�piration Date
11/5/2019
7/1/2021
7/1/2023
,. .... ..
.
. .. . .... � .. --,
6/230/2021
6/:30/2023
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6A30/2026
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REV 2022-05-17
Exhibit B:

Insurance Requirements for Construction Contracts
(WD22011)
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

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

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

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

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

4. Surety Bonds as described below.

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

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by EXHIBIT B Page 14 of 36 EXHIBIT 2 257
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either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Contractor agrees to obtain any endorsement that may be necessary to affect this EXHIBIT B Page 16 of 36 EXHIBIT 2 259
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waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

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

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

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate EXHIBIT B Page 17 of 36 EXHIBIT 2 260
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Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

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

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT B Page 18 of 36 EXHIBIT 2 261
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

D. All City employees and non-employees share a responsibility to assist in EXHIBIT C Page 19 of 36 EXHIBIT 2 262
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.

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

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

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

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

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

EXHIBIT C Page 20 of 36 EXHIBIT 2 263
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:

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

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

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

B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3) EXHIBIT C Page 21 of 36 EXHIBIT 2 264
Subject:

CITY OF STOCKTON, CALIFORNIA

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

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.

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

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

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

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

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

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

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
EXHIBIT C Page 22 of 36 EXHIBIT 2 265
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

EXHIBIT C Page 23 of 36 EXHIBIT 2 266
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date: HARASSMENT POLICY Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.

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

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

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

3. Testifies in a proceeding concerning such violation;

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

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

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

IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any EXHIBIT C Page 24 of 36 EXHIBIT 2 267
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.

1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and nonemployees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or EXHIBIT C Page 25 of 36 EXHIBIT 2 268
Subject:

CITY OF STOCKTON, CALIFORNIA

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

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.

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

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

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BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, _______________________________, a STATE OF CALIFORNIA CORPORATION, as Principal and
, a corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of THREE HUNDRED EIGHTFIVE THOUSAND SIX HUNDRED TWENTY-THREE AND 75/100 DOLLARS ($385,623.75), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

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

GRUPE PARK PARKING LOT RESURFACING
(PROJECT NO. WD22011)
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,

Page 33 of 36 ends

and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on
APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY

Page 34 of 36 ends

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

That we, CONSOLIDATED ENGINEERING INC., a STATE OF CALIFORNIA CORPORATION, as Principal and , corporation,
organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of

THREE HUNDRED EIGHT-FIVE THOUSAND SIX HUNDRED TWENTY-THREE AND 75/100 DOLLARS ($385,623.75), 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:

GRUPE PARK PARKING LOT RESURFACING
(PROJECT NO. WD22011)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on

Page 35 of 36 ends

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

Page 36 of 36 ends

City of Stockton
Legislation Text
File #: 24-0165, Version: 1

APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE

SCRIBNER STREET AREA BACKYARD SEWERS PROJECT

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

1. Award a Professional Services Contract to CSG Consultants, Inc. of Sacramento, CA, in the amount of $185,060 for design of the Scribner Street Area Backyard Sewers, Project No.

UW23020.

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

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

Summary
The Municipal Utilities Department (MUD) follows a Condition Assessment Plan for the City’s sewer infrastructure. This program generates a prioritized list of replacement and/or rehabilitation projects for inclusion in the City’s Capital Improvement Plan (CIP). The program identified four small diameter pipe segments along Scribner Street, East Sixth Street, and Superior Street for replacement. The project will upsize approximately 3,400 linear feet of 6-inch sewer lines to 8-inches (Attachment A) and was included in the 2022-27 Five-Year CIP.

On October 4, 2023, the City advertised a Request for Proposals (RFP) for design of the Scribner Street Area Backyard Sewers, Project No. UW23020. On November 8, 2023, two firms submitted proposals for this project. The Selection Committee evaluated the proposals and found CSG Consultants, Inc. of Sacramento, CA, to be the most qualified firm to perform the scope of work for design services on this project.

It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract in the amount of $185,060 with CSG Consultants, Inc.

It is anticipated that the design will be completed by January 2025. The project will then be advertised for construction bids, with overall project completion anticipated by December 2025.

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DISCUSSION
Background
The MUD follows a Condition Assessment Program for the City’s sewer infrastructure comprised of Closed-Circuit Televised Video inspection, pipe cleaning, and engineering evaluation. This program generates a prioritized list of sewer replacement and/or rehabilitation projects for inclusion in the City’s CIP. The program identified four small diameter pipe segments of a 6-inch sewer line totaling approximately 3,400 linear feet along Scribner Street, East Sixth Street, and Superior Street for replacement. The project will upsize approximately 3,400 linear feet of 6-inch sewer lines to 8-inches (Attachment A) and was included in the 2022-27 Five-Year CIP.

Present Situation
On October 4, 2023, the City advertised an RFP for design of the Scribner Street Area Backyard Sewers, Project No. UW23020. On November 8, 2023, two proposals were received from the following engineering firms:
· Black Water Engineering Consultants, Inc. (Modesto, CA) · CSG Consultants, Inc. (Sacramento, CA)
The Selection Committee evaluated the proposals based on each firm’s understanding of work, experience with similar kinds of work, staff qualifications, project approach, cost, and local preference. CSG Consultants, Inc. was found to be the most qualified to perform the scope of work for design services on this project.

Staff negotiated a fee of $185,060 with CSG Consultants, Inc. for design services. This fee is approximately nine percent of the estimated construction cost, which is reasonable for a project of this size and complexity. It is anticipated that the design will be completed by January 2025. The project will then be advertised for construction bids, with overall project completion anticipated by December 2025.

Staff recommends Council approve a motion to award a Professional Services Contract in the amount of $185,060 to CSG Consultants, Inc. for design services of the Scribner Street Area Backyard Sewers project (Attachment B).

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

1. The City does not have sufficient staffing available to design this project for bidding and construction in 2025.

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

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

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

FINANCIAL SUMMARY
There are sufficient funds available in the Scribner Street Area Backyard Sewers, Project No.

UW23020, to award the Professional Services Contract in the amount of $185,060 to CSG Consultants, Inc. for this project.

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

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

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AIRPORT WAY

SCRIBNER STREET SUPERIOR STREET
E 6TH STREET

SEVENTH STREET
E 8TH STREET
E 10TH STREET
E 9TH STREET

SCRIBNER ST AREA BACKYARD SEWERS
PROJECT NO. UW23020

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A

PROJECT LOCATION

VICINITY MAP

NOT TO SCALE
LEGEND
N

PROJECT LOCATION

CITY LIMIT

COUNTY LIMIT

Page 1 of 2 ends

283

SCRIBNER STREET SUPERIOR STREET

SEVENTH STREET
E 8TH STREET

SCRIBNER STREET SUPERIOR STREET

SEVENTH STREET
E 8TH STREET

SCRIBNER STREET SUPERIOR STREET

SEVENTH STREET
E 8TH STREET E 9TH STREET

AIRPORT WAY

SCRIBNER STREET SUPERIOR STREET
E 6TH STREET

SEVENTH STREET
E 8TH STREET
E 10TH STREET

SCRIBNER ST AREA BACKYARD SEWERS
PROJECT NO. UW23020

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A

VICINITY MAP

NOT TO SCALE
LEGEND
N
Maintenance Hole

CITY LIMIT

COUNTY LIMIT
VCP Sewer Line

Page 2 of 2 ends

PROJECT LOCATION 1 PROJECT LOCATION 2
PROJECT LOCATION 3 PROJECT LOCATION 4
36Q019_36Q032_37Q003_37Q009
36Q018_36Q033_37Q005
36Q015 _ 37Q016
36Q020_36Q019_36Q016
284
Professional Services Contract – CSG CONSULTANTS, INC. – PROJECT NO. UW23020 (Updated 04/24/23)

PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is entered into this __ day of __________ 2024, between the CITY OF STOCKTON, a municipal corporation (“City”), and CSG CONSULTANTS, INC. whose address is 1303 J STREET, SUITE 270, SACRAMENTO, CA 95814 (“Consultant”) for the SCRIBNER STREET AREA BACKYARD SEWERS (PROJECT NO. UW23020), hereinafter referred to as "Project".

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

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

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

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

2. COMPENSATION. City shall pay Consultant for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this reference. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $185,060 or as otherwise mutually agreed to in a Contract Amendment.

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

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

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ATTACHMENT B 285
Professional Services Contract – CSG CONSULTANTS, INC. – PROJECT NO. UW23020 (Updated 04/24/23)
indemnify, and hold harmless the City of Stockton, its officers, officials, employees, and volunteers from and against any and all claims and causes of action which result in liabilities, judgments, awards, losses, damages, expenses, and costs (including reasonable attorneys’ fees, expert and consultant fees, and other expenses of litigation) including, but not limited to, death or injury to persons, or damage to property, which arise out of any violation of federal, state, or municipal law or ordinance, to the extent damages are caused by the Consultant’s negligent services provided under this Agreement, or are in any way caused by the negligent performance of work by the Consultant or Consultant’s officers, agents, employees, or subcontractors. Consultant shall not be obligated to indemnify or defend City for claims finally determined by a court of law or arbitrator to arise from the negligence or willful misconduct of the City. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of Consultant to City, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by Consultant under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

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

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

5. SCHEDULE AND TERM. Consultant shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit C, which is attached to this Contract and incorporated by this reference. This Contract shall commence on the date written above and shall expire on May 31, 2028, unless extended by mutual agreement through the issuance of a Contract Amendment. a. Invoices submitted by Consultant to City must contain a brief description of work performed, time used, and include the City project number. Payment shall be made within thirty (30) days of approval of invoice by City. b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. City shall have no obligation or liability to pay any invoice for work performed which Consultant fails or neglects to

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Professional Services Contract – CSG CONSULTANTS, INC. – PROJECT NO. UW23020 (Updated 04/24/23)

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

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

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit E). The purpose of this policy is to reaffirm the City’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract
agreement. https://leginfo.legislature.ca.gov/faces/codes_displayText.xht ml?lawCode=LAB&division=2.&title=&part=7.&chapter=1.&article=2. d. PREVAILING WAGE RATES
Consultant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has

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Professional Services Contract – CSG CONSULTANTS, INC. – PROJECT NO. UW23020 (Updated 04/24/23)

determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The Consultant shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant shall reimburse the City the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to City the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract. iii. PAYROLL RECORDS - The Consultant to whom the contract is awarded shall ensure that the prime and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all

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Professional Services Contract – CSG CONSULTANTS, INC. – PROJECT NO. UW23020 (Updated 04/24/23)

subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTICESHIP STANDARDS - The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
e. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws.

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

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

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

9. OWNERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not

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Professional Services Contract – CSG CONSULTANTS, INC. – PROJECT NO. UW23020 (Updated 04/24/23)

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

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

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

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

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

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Professional Services Contract – CSG CONSULTANTS, INC. – PROJECT NO. UW23020 (Updated 04/24/23)

13. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written 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 required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

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

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

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

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

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

19. CONFLICTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner

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Professional Services Contract – CSG CONSULTANTS, INC. – PROJECT NO. UW23020 (Updated 04/24/23)
or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.

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

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

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

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

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

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

26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.
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Professional Services Contract – CSG CONSULTANTS, INC. – PROJECT NO. UW23020 (Updated 04/24/23)
IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.

CITY OF STOCKTON CSG CONSULTANTS, INC.

By: By:

HARRY BLACK Signature

CITY MANAGER
ATTEST:

Print Name
BY:

ELIZA R. GARZA, CMC Title:

CITY CLERK
APPROVED AS TO FORM:

BY:

DEPUTY CITY ATTORNEY

Page 9 of 35 ends

Cyrus Kianpour President
ATTACHMENT B 293

CSG PROPOSAL TO THE CITY OF STOCKTON

PROFESSIONAL SERVICES FOR THE SCRIBNER

STREET AREA BACKYARD SEWERS PROJECT
8 Detailed Work Plan
CSG has reviewed the RFP and is in agreement with the scope of consultant services identified by the City. To clarify and organize the scope into separate tasks, we’ve summarized CSG’s work plan below. Each task identifies the related deliverables which will be reviewed by a QA/QC Manager for completeness, paying particular attention to see that all bid items are properly defined, and payment sections of the specifications cover all significant cost elements and major items of work. The staff members identified in the organization chart will be assigned to specific tasks, outlined below, according to their strengths and experience to increase task completion efficiency and coordination. The proposed schedule is provided in Section 9.

Task 1 PROJECT MANAGEMENT
Upon issuance of a Notice to Proceed, CSG will set up and manage the project. CSG will perform quality assurance and quality control prior to each milestone submittal and in conformance with City’s Standards.

CSG’s Project Manager will act as the single point of contact to coordinate the project with the City.

Services under this task may include the following:
• File Setup Maintenance, Management, and Sharing
• Quality Assurance and Quality Control Reviews prior to making milestone submittals to the City • CPM Schedule Updates using Microsoft Project
• Monthly Invoices
Task 1 Deliverables:
• QA/QC Reviews, Schedule Updates, Invoices
Task 2 BACKGROUND RESEARCH
The CSG Team will perform the following background research tasks:

Task 2.1 – Data Collection/Public Notices
CSG will identify and collect existing base maps, right-of-way information, as-built drawings, utility information, assessor and subdivision maps, survey notes, sample plans and specifications from the City, County and other agencies. We will review and determine the extent of any extraordinary maintenance or reconstruction that may be needed. We will conduct site reconnaissance of the project site and perform visual assessment of existing site condition and evaluate project impacts to the existing roadway and utility improvements.

CSG will review City maintenance records and existing CCTV inspection reports and videos to evaluate the conditions of existing sewer pipes and recommend any pipe repairs.

CSG will prepare public notices in order to gain access to the adjacent properties during site reconnaissance.

We will prepare right-of-entry letters and obtain property owners’ signatures prior to any access on their properties during construction. We will identify any impacts, including service interruptions, encroachments, access restrictions and potential damage to private properties, and will recommend any necessary mitigation measures during the design stage.

SECT ION 6
EXHIBIT A Page 10 of 35 ATTACHMENT B 294

CSG PROPOSAL TO THE CITY OF STOCKTON

PROFESSIONAL SERVICES FOR THE SCRIBNER

STREET AREA BACKYARD SEWERS PROJECT
9 Task 2.2 – Topographic Survey
Wong Engineering will verify the limits of topographic surveys and level of accuracy with the City staff at the kickoff meeting and perform topographic surveys to collect horizontal and vertical information of sanitary sewer manholes, sewer laterals, other utilities crossing and/or near the sanitary sewer systems, curb and gutter, sidewalk, pavement, walls, fences, hardscape, landscape and other existing improvements along the sewer main alignment. Aerial images will be collected using a mapping drone to provide up to date images of the affected backyards allowing for identification of any potential private improvements that may be affected by the pipe replacement.

The CSG Team will coordinate with the City and County to obtain right of way maps, records of survey, subdivision maps and survey notes that will be the basis for determining the locations of rights of way, easements and recorded monuments which will be affected by the project. The team will confirm the presence of the recorded monuments in the field and determine how the monuments are to be shown on the construction plans. The monuments will be field surveyed. Based on field observation, it appears that the project will not impact the existing monuments. We will set horizontal and vertical control based on City’s Horizontal Control Survey. The elevation will be based on City’s benchmarks.

Task 2.3 – Utility Research and Coordination
CSG will first start with requesting maps and depth information, if available, from all the relevant utility companies (Cal Water, PG&E, AT&T and Comcast). We will review utility information and identify any conflicts with proposed improvements.

CSG will coordinate with utility companies to discuss proposed improvements and any potential conflicts, adjustments and relocations of their facilities, and potential service interruptions. We will prepare and submit a project limit map showing the project area to request utility information from utility companies.

During preliminary design stage, we will prepare and submit Utility Letter “A” and to the City for review prior to sending the letter to the utility companies. Utility information received from the utility companies will be shown on a base map in both plan and profile views. During 50% design phase, we will prepare and submit Utility Letter “B” to the City for review prior to sending it to utility companies. Two sets of half-sized 50% plan will be submitted with the Letter “B” to utility companies to confirm any utility conflicts and whether any future utilities are proposed. These plans will show existing surface features, utilities, and proposed improvements to the existing sanitary sewer main and bypass lines. Comments from the reviews by the utility companies will be addressed on the subsequent design plan sets for their review and approval. During 100% design phase, we will prepare and submit Utility Letter “C” to the City for review prior to sending it to utility companies. Two sets of half-sized 100% plan will be submitted with the Letter “C” to utility companies to indicate whether any changes to the design plans have been made since the submittal of Letter “B”, and request written confirmation of utility relocations, if any, and utility relocation schedule. We will provide copies of all utility data obtained from the utility companies to the City for its records.

Services under this task may include the following:
• Prepare and deliver public notices along with right-of-entry letter to property owners • Research and collect existing project information and data • Review of available maintenance reports and CCTV inspection reports and videos • Field Investigations, including but not limited to identifying locations of sanitary sewer main, laterals, curb, gutter, wall, fence, and utility covers
• Topographic survey
• Monument research, based on right of way maps, subdivision maps and notes provided by the City Figure 1-Manhole on 7th Street
EXHIBIT A Page 11 of 35 ATTACHMENT B 295

CSG PROPOSAL TO THE CITY OF STOCKTON

PROFESSIONAL SERVICES FOR THE SCRIBNER

STREET AREA BACKYARD SEWERS PROJECT
10 • Field confirmation of research identified monuments • Utility Map Requests
• Coordination with Utility Companies
• Preparation and Submittal of Utility Letters A, B and C with 50% and 100% Plans • Perform utility potholing where the project lines cross public streets. o East Sixth west of Superior Street.
o Seventh Street E east of Scribner Street
• Verify location of sewer on north side of East Sixth, located generally along back of sidewalk utilizing Ground Penetrating Radar methods.

Task 2 Deliverables:
• Obtaining Existing Records and Maps, Topographic Survey Data, Utility Map Requests, Utility Letters A, B and C with two half-sized Sets of 50% and 100% Plans; Utility Data received from Utility Companies
Task 3 ENVIRONMENTAL SERVICES (Not In Contract)
• City staff will provide CEQA documents and processing.

Task 4 PS&E DESIGN (50%, 90%, AND 100% DESIGN STAGES)
CSG will prepare a base map at a convenient scale, with aerial photos as background, showing the existing topographic survey data, utility information and other existing roadway improvements to facilitate the design of necessary improvements using the City’s latest benchmark information. CSG will coordinate with City staff to determine the format and setup of plan sheets for the project. A preliminary index schematic will be prepared for the City’s review and concurrence. CSG will develop plans, specifications, and estimates for the project based on the final selection of sewer pipe rehabilitation measures. The plans will include existing locations and depths of sewer manholes and nearby utilities, types and limits of sewer pipe rehabilitation treatments, locations and limits of sewerage flow bypass pipes, limits of pavement repairs if needed, preservation of existing survey monuments, and pollution prevention and traffic control. The plans will be based on the following table which reflects the type and number of plan sheets anticipated for the project:

Sheet Description Estimated
Sheets
Title/General Notes/Key Map 2
Horizontal Control Plan 1
Improvement Plans 10
Construction Details 2
Bypassing Plans 1
Pollution Prevention Plans 1
Traffic Control Plans 1
TOTAL 18
EXHIBIT A Page 12 of 35 ATTACHMENT B 296

CSG PROPOSAL TO THE CITY OF STOCKTON

PROFESSIONAL SERVICES FOR THE SCRIBNER

STREET AREA BACKYARD SEWERS PROJECT
Assumptions:

The number of sheets shown in the above table may change based on our final determination during design stage.

PS&E documents will be prepared in accordance with the
latest City’s standards and California MUTCD. A response matrix will be prepared listing City’s review comments and CSG’s responses to those comments. Agreed upon
comments will be incorporated. The original redlined
comments from the City will be returned with the
succeeding submittals. CSG will finalize the plans,
specifications and engineer’s estimate for the project. The completion of the final PS&E package will constitute a
“Ready to Advertise” condition. Services under this task may include the following:
• Prepare Base Map showing existing improvements
• Develop and update Plans at 50%, 90% and 100% Design Stages • Review and respond to City’s comments in a Comment Matrix • Develop and update Technical Specifications in City’s “boiler plate” format in Microsoft Word • Perform Quantity Takeoffs and generate and update Engineer’s Estimates in Microsoft Excel • Prepare and submit Final PS&E Package
Task 4 Deliverables:
• Base Map showing Existing Improvements in PDF format, Plans in 24”x36” format and in PDF format, one (1) copy of Specifications in PDF format and one (1) copy of Engineer’s Estimates in PDF format at each submittal stage, additional one (1) sets of final Plans on 24”x36” mylar sheets, signed and stamped Specifications in MS Word and PDF formats on a CD, and signed and stamped Engineer’s Estimate in Excel and PDF formats on a CD and Construction Drawing Files in AutoCAD and PDF format at Final Submittal Stage, Comment Matrix in MS Word document format
Task 5 PUBLIC OUTREACH
The CSG Team will prepare and send public notices with right of entry letters to the affected property owners and residents, in order to gain access to the private properties for site reconnaissance and investigations.

Right of Entry letters will be prepared in English and Spanish. CSG will identify any impacts, including service interruptions, encroachments, access restrictions and potential damage to private properties and recommend any necessary mitigation measures during the design stage. After the completion of field reconnaissance and initial design, CSG will prepare exhibits and documents to explain the proposed improvements, the benefits to the property owner, and the expected construction impacts to accompany the City’s request to enter. Right-of-entry letters with property owners’ signatures will be acquired by CSG before the field reconnaissance and construction.

Task 5 Deliverables:
• Public Notices, Signed Right of Entry Letters
Figure 2-Manhole on 6th Street
EXHIBIT A Page 13 of 35 ATTACHMENT B 297

CSG PROPOSAL TO THE CITY OF STOCKTON

PROFESSIONAL SERVICES FOR THE SCRIBNER

STREET AREA BACKYARD SEWERS PROJECT
Task 6 COORDINATION/MEETINGS
Upon issuance of a Notice to Proceed, CSG will schedule a Kick Off meeting with the City to clearly identify and discuss the project objectives, scope, schedule and budget. At this meeting, points of contact will be established; schedules reviewed; standards and guidelines identified; and expectations communicated. CSG will attend up to three (3) design review meetings: after completion of design assessment, after receiving the City review comments at 50% submittal, and after
receiving the City review comments at 95% submittal.

CSG will attend the pre-construction meeting as
required. CSG will be responsible for coordination
between City and Subconsultants, involved in the
project. Services under this task may include the
following:
• Kick Off Meeting coordination and
attendance
• Design review meetings (up to 3 total) with
City
• Coordination with City, Subconsultants
• Attendance of pre-construction meeting
• Attendance of construction meetings with
contractor if needed
Task 6 Deliverables:
• Meeting Agendas and Minutes
Task 7 BID PHASE SUPPORT SERVICES AND RESIDENT ENGINEER (RE) FILE CSG will provide assistance to the City during the advertisement and bid period and will furnish the resident engineer with any pertinent project data required to administer the construction contract. Services under this task may include the following:
• Review Submittals
• Prepare Letters of Clarifications
• Prepare Contract Addenda
• Prepare and Submit Supplemental Conform Drawings if needed • Provide Resident Engineer Project Data
Task 7 Deliverables:
• Letters of Clarifications, Contract Addenda, Conform Drawings in PDF, Resident Engineer file on CD Figure 3- Edward Merlo School
EXHIBIT A Page 14 of 35 ATTACHMENT B 298

CSG PROPOSAL TO THE CITY OF STOCKTON

PROFESSIONAL SERVICES FOR THE SCRIBNER

STREET AREA BACKYARD SEWERS PROJECT
Task 8 CONSTRUCTION SUPPORT SERVICES / AS BUILT DRAWINGS CSG will provide engineering support to the City during the construction of the project. Services under this task may include the following:
• Attend pre-construction meeting
• Review Shop Drawing submittals
• Respond to Requests for Information (RFI)
• Prepare Clarification Sketches
• Perform Field Observations (up to 1 visit)
• Prepare Record Drawings on mylars based upon receipt of as-built information from the contractor • Prepare and update As-Built Drawings in AutoCAD based upon receipt of red-lines from the contractor
Task 8 Deliverables:
• Requests for Clarifications, Clarification Sketches, Record Drawings on Mylars, As-Built Drawings in AutoCAD and on Mylars
Task 9 PRESERVING SURVEY MONUMENTS
Based on our site visit, only one monument was observed in the vicinity of the manholes located in the public right-of-way. That monument was several feet away and judged to be located in an area unlikely to be disturbed by the anticipated construction activities. Any existing monuments in the area of construction will be identified and listed on the improvement plans with appropriate notes about the need for preservation of the monuments, all in accordance with the requirements of Section 8771 of the professional Land Surveyors Act. We are assuming that no monuments will be affected by construction operations.

Task 9 Deliverables:
• Identification of monuments on the Improvement Plans, conformance with Section 8771.

Task 10 RIGHTS OF ENTRY
CSG will prepare exhibits identifying the work to be performed on the prospective private properties and a cover letter accompanying the City provided Right of Entry form. We estimate that approximately 65 properties will have actual construction activities performed and another 25 properties will be affected by service interruptions.

Task 10 Deliverables:
• Letters to accompany Right of Entry forms, exhibits and details detailing type of work and/or service interruption to be expected. Letters l and explanation of work to be bilingual.

EXHIBIT A Page 15 of 35 ATTACHMENT B 299
Principal Engineer
Senior Engineer Associate EngineerLSA Associates (Environmental)Wong Engineering (Topographic Survey)Postage,reproduction, etc.Exaro Technologies (Pothole, GPR) Totals
Category $235 $210 $180 Hours Cost Cost
City and Subconsultant Coordination 4 4 $ 940 $ 940
File Setup and Maintain, Management, and sharing 4 4 $ 720 $ 720 Quality Assurance & Quality Control Review 12 12 $ 2,820 $ 2,820 Microsoft Project CPM Schedule and Update 4 4 $ 940 $ 940 Monthly Invoices 6 6 $ 1,410 $ 1,410
26 0 4 30 $ 6,830 $0 $0 $0 $0 $ 6,830
Field Investigation 12 12 24 $ 4,680 $ 4,680
Research, Collect and Review Recorded Files 2 8 10 $ 1,860 $ 1,860 Topographic Surveys & Right of Way Mapping 2 2 $ 470 $11,700 $ 12,170 Prepare Utility Map Request Letter 2 6 8 $ 1,500 $ 1,500 Utility Coordination 2 8 10 $ 2,150 $ 2,150
Potholing 2 2 4 $ 830 $18,100 $ 18,930
Ground Penetrating Radar 2 2 4 $ 830 $5,050 $ 5,880
8 24 30 62 $ 12,320 $0 $11,700 $0 $23,150 $ 47,170
N.I.C. 0 $ - $ -
0 0 0 0 $ - $0 $0 $0 $0 $ -
50% PS&E 24 40 160 224 $ 42,840 $ 42,840
90% PS&E 12 24 88 124 $ 23,700 $ 23,700
95% PS&E 8 16 48 72 $ 13,880 $ 13,880
Final PS&E 6 12 40 58 $ 11,130 $ 11,130
Create Mylar Drawings 2 2 $ 360 $100 $ 460
50 92 338 480 $ 91,910 $0 $0 $100 $0 $ 92,010
Prepare Public Notices and Right of Entry 2 8 12 22 $ 4,310 $ 4,310 Prepare address labels 1 6 7 $ 1,315 $ 1,315
Distribute Public Notice and Collect Right of Entry 4 8 12 $ 2,280 $120 $ 2,400 3 12 26 41 $ 7,905 $0 $0 $120 $0 $ 8,025
Project Kickoff Meeting 3 3 6 $ 1,335 $ 1,335
Review Meeting After 50% Submittal (1) 2 2 4 $ 890 $ 890 Review Meeting After 90% Submittal (1) 2 2 4 $ 890 $ 890 Prepare meeting muinutes 4 4 $ 840 $ 840
7 11 0 18 $ 3,955 $0 $0 $0 $0 $3,955
Respond to RFI 4 4 $ 840 $ 840
Prepare Addendum 2 4 6 $ 1,140 $ 1,140
Prepare Conform Set Drawing 4 8 12 $ 2,280 $ 2,280
Prepare Resident Engineer File 2 4 6 $ 1,140 $ 1,140
0 12 16 28 $ 5,400 $0 $0 $0 $0 $ 5,400
Attend Pre-Construction Meeting 4 4 8 $ 1,780 $ 1,780
Review Shop Drawing Submittal 2 8 10 $ 2,150 $ 2,150
Response to RFI 2 8 10 $ 2,150 $ 2,150
Prepare Change Orders 4 4 $ 840 $ 840
Field Observations (1) 6 6 12 $ 2,670 $ 2,670
Prepare As-Built Drawings 2 4 6 $ 1,140 $100 $ 1,240
14 32 4 50 $ 10,730 $0 $0 $100 $0 $ 10,830
Identify and List Monuments 1 4 5 $ 955 $ 955
0 $ - $ -
1 0 4 5 $955 $0 $0 $0 $0 $955
Prepare Right of Entry Letters 2 12 14 $ 2,630 $ 2,630
Prepare Exhibits 4 24 28 $ 5,260 $ 5,260
Coordinate w/ City 4 4 $ 940 $ 940
Distribute Construction Right of Entry 1 4 $ 955 $100 $ 1,055 11 0 40 46 $ 9,785 $0 $0 $100 $0 $ 9,885
120 183 462 760 $ 149,790 $0 $11,700 $420 $23,150 $ 185,060 $149,790 $0 $11,700 $420 $23,150 $185,060
Subtotal - Task 10
Subtotal - Task 5
Task 5 - Public Outreach
TOTAL
Subtotal - Task 7
Task 7 - Bid Support Services and Resident Engineer File Total All Tasks
Task 8 - Construction Support Services / As-Built Drawings Subtotal - Task 8
Task 9 - Preserving Survey Monuments
Task 10 - Rights of Entry
Task 6 - Coordination and Meetings
Subtotal - Task 6
Subtotal - Task 9
Subtotal - Task 4

CITY OF STOCKTON - SCRIBNER STREET AREA BACKYARD SANITARY SEWER LINE REHABILITATION REVISED RESOURCE ALLOCATION ESTIMATE PREPARED BY CSG CONSULTANTS - 01/23/2024 Task 1 - Project Management
Subtotal - Task 1
Task Description CSG Totals
Task 2 - Background Research
Subtotal - Task 2
Task 4 - Plans. Specification, Estimate (PS&E)
Task 3 - Environmental Services
Subtotal - Task 2
PROJECT NO. UW 23020
CSG Consultants, Inc.

Scribner Area Backyard SS Rehabilitation Cost Proposal-Revised 2024-01-23 Page 1 1/24/2024 EXHIBIT B Page 16 of 35 ATTACHMENT B 300
ID Task Name Duration Start Finish
1 Task 1 - Project Management 202 days Mon 6/3/24 Tue 3/11/25 2 Notice to Proceed 0 days Mon 6/3/24 Mon 6/3/243 Kick Off Meeting 1 day Mon 6/10/24 Mon 6/10/244 Obtain City Encroachment Permit for Survey 11 days Mon 6/17/24 Mon 7/1/245 City and Subconsultant Coordination 196 days Tue 6/11/24 Tue 3/11/256 Task 2 - Background Research 211 days Mon 6/3/24 Mon 3/24/257 Research, Collect and Review Record Files 16 days Mon 6/3/24 Mon 6/24/248 Field Investigation 5 days Tue 6/25/24 Mon 7/1/249 Potholing / GPR 15 days Tue 6/25/24 Mon 7/15/24 10 Topographic Survey 5 days Tue 7/16/24 Mon 7/22/2411 Prepare Right of Way Map 10 days Tue 7/23/24 Mon 8/5/2412 Utility Map Request and Review 25 days Tue 6/25/24 Mon 7/29/2413 Utility Coordination 170 days Tue 7/30/24 Mon 3/24/2514 Task 3 - Environmental Services (Not In Contract) 0 days Mon 6/3/24 Mon 6/3/2415 Task 4 - PS&E Design 127 days Tue 7/23/24 Wed 1/15/2516 Prepare Base Maps 10 days Tue 7/23/24 Mon 8/5/2417 Prepare 50% PS&E 29 days Tue 8/6/24 Fri 9/13/2418 Submit 50% PS&E 0 days Fri 9/13/24 Fri 9/13/2419 City Review 15 days Mon 9/16/24 Fri 10/4/2420 Design Meeting #1 0 days Wed 10/9/24 Wed 10/9/2421 Prepare 95% PS&E 26 days Thu 10/10/24 Thu 11/14/2422 Submit 95% PS&E 0 days Thu 11/14/24 Thu 11/14/2423 City Review 10 days Fri 11/15/24 Thu 11/28/2424 Design Meeting #2 0 days Tue 12/3/24 Tue 12/3/2425 Prepare 100% PS&E 11 days Wed 12/4/24 Wed 12/18/2426 Submit 100% PS&E to City 0 days Wed 12/18/24 Wed 12/18/2427 City Review 15 days Thu 12/19/24 Wed 1/8/2528 Submit Final PS&E 0 days Wed 1/15/25 Wed 1/15/2529 Task 5 - Public Outreach 218 days Mon 7/1/24 Wed 4/30/2530 Prepare Public Notices and Collect Right of Entry before Field Investigation 21 days Mon 7/1/24 Mon 7/29/2431 Prepare Public Notices and Collect Right of Entry before Construction 55 days Thu 2/13/25 Wed 4/30/2532 Task 7 – Bid Support Services and Resident Engineer File 99 days Thu 1/23/25 Tue 6/10/2533 Prepare Resident Engineer File 7 days Thu 1/23/25 Fri 1/31/2534 Advertise for Bid 21 days Thu 2/13/25 Thu 3/13/2535 Open Bids 0 days Thu 3/13/25 Thu 3/13/2536 City Council Approval of Contract 0 days Tue 6/10/25 Tue 6/10/2537 Task 8 - Construction Support 109 days Wed 7/9/25 Mon 12/8/2538 Pre-construction 10 days Wed 7/9/25 Tue 7/22/2539 Construction Support 68 days Wed 7/23/25 Fri 10/24/2540 Prepare As-built Drawings 10 days Mon 10/27/25 Fri 11/7/2541 Project Close-out 1 day Mon 12/8/25 Mon 12/8/2542 Task 10 - Rights of Entry 73 days Wed 1/15/25 Fri 4/25/2543 Prepare Right of Entry Documents 15 days Wed 1/15/25 Tue 2/4/2544 Distribute ROE letters 3 days Wed 2/5/25 Fri 2/7/2545 Follow up and Collection of ROE 35 days Mon 3/10/25 Fri 4/25/25 Task 1 - Project Management
6/3 Notice to Proceed
6/10 Kick Off Meeting
7/1 Obtain City Encroachment Permit for Survey
3/11 City and Subconsultant Coordination
Task 2 - Background Research
6/24 Research, Collect and Review Record Files
7/1
7/15 Potholing / GPR
7/22 Topographic Survey
8/5
7/29
3/24 Utility Coordination
6/3 Task 3 - Environmental Services (Not In Contract)
Task 4 - PS&E Design
8/5 Prepare Base Maps
9/13 Prepare 50% PS&E
9/13 Submit 50% PS&E
10/4 City Review
10/9 Design Meeting #1
11/14 Prepare 95% PS&E
11/14 Submit 95% PS&E
11/28 City Review
12/3 Design Meeting #2
12/18 Prepare 100% PS&E
12/18 Submit 100% PS&E to City
1/8 City Review
1/15 Submit Final PS&E
Task 5 - Public Outreach
7/29 Prepare Public Notices and Collect Right of Entry before Field Investigation 4/30 Prepare Public Notices and Collect Right of Entry before Construction Task 7 – Bid Support Services and Resident Engineer File 1/31 Prepare Resident Engineer File
3/13 Advertise for Bid
3/13 Open Bids
6/10 City Council Approval of Contract
Task 8 - Construction Support 12/8
Pre-construction 7/22
Construction Support
Prepare As-built Drawings
Project Close-out
4/25 Task 10 - Rights of Entry
2/4 Prepare Right of Entry Documents
2/7 Distribute ROE letters
4/25 Follow up and Collection of ROE
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Qtr 3, 2024 Qtr 4, 2024 Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Q CSG Consultants, Inc.

City of Stockton
Scribner Street Backyard Sewers, Project No. UW23020
Wed 1/24/24 Page 1

EXHIBIT EXHIBIT C

Page 17 of 35 ends

ATTACHMENT B
301
REV 2022‐05‐17
Insurance Requirements for Professional Services
Scribner Street Area Backyard Sewer Replacement
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

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

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

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

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

4. Professional Liability (Errors and Omissions) Insurance 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 D Page 18 of 35 ATTACHMENT B 302
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 D Page 19 of 35 ATTACHMENT B 303
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 claimsmade policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

EXHIBIT D Page 20 of 35 ATTACHMENT B 304
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, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT D Page 21 of 35 ATTACHMENT B 305
EXHIBIT E Page 22 of 35 ATTACHMENT B 306
EXHIBIT E Page 23 of 35 ATTACHMENT B 307
EXHIBIT E Page 24 of 35 ATTACHMENT B 308
EXHIBIT E Page 25 of 35 ATTACHMENT B 309
EXHIBIT E Page 26 of 35 ATTACHMENT B 310
EXHIBIT E Page 27 of 35 ATTACHMENT B 311
EXHIBIT E Page 28 of 35 ATTACHMENT B 312
EXHIBIT E Page 29 of 35 ATTACHMENT B 313
EXHIBIT E Page 30 of 35 ATTACHMENT B 314
EXHIBIT E Page 31 of 35 ATTACHMENT B 315
EXHIBIT E Page 32 of 35 ATTACHMENT B 316
EXHIBIT E Page 33 of 35 ATTACHMENT B 317
EXHIBIT E Page 34 of 35 ATTACHMENT B 318
EXHIBIT E Page 35 of 35 ATTACHMENT B 319
City of Stockton
Legislation Text
File #: 24-0168, Version: 2

APPROVE MOTION TO AUTHORIZE THE PURCHASE OF ONE CUSTOM-BUILT BOOKMOBILE

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

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

2. Authorize the purchase of one custom-built Bookmobile with Summit Bodyworks Specialty Vehicles of Lupton, CO, in the amount of $465,520.62 for the Community Services Department, Library Division.

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

Summary
The City operates the Stockton-San Joaquin County Public Library (Library) system, which provides library services to 16 City and County branch locations. Patrons in urban and rural locations that are outside of the branch locations service areas and who do not have access to a stationary library due to disability, disadvantages, or distance can receive library services through the Bookmobile. The current 2005 Bookmobile is far past its useful life and is frequently out of service, leading to an inability to provide services for extended periods.

It is recommended that Council approve a motion authorizing the Single Available Source procurement purchase of one custom-built Bookmobile with Summit Bodyworks Specialty Vehicles of Lupton, CO, in the amount of $465,520.62 (Attachment A).

DISCUSSION
Background
The Library system consists of 16 City and County branch locations that service a population of 781,600 residents spread across 1,400+ square miles. The Bookmobile, funded equally by the City and the County, can service both urban and rural locations and provide core library services to particular groups such as retirement homes, migrant camps, and rural areas of the County.

Customers appreciate and rely on Bookmobile staff for reading recommendations, community connections, and special book requests. Other library systems have demonstrated that modern Bookmobiles can provide more than basic core services. Newer vehicles can provide enhanced consumer experiences due to their ability to provide computer and Wi-Fi services and being Americans with Disabilities Act accessible.

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File #: 24-0168, Version: 2
The current Bookmobile is a modified 2005 BlueBird Bus that was originally purchased with grant funds. The aging 19-year-old Bookmobile is far past its useful life, is frequently out of service, and is generally unable to provide services for long periods of time. In Fiscal Year (FY) 2020-21, the Bookmobile spent more than six months in the shop, and residents could not receive their services.

The purchase of a new bookmobile will return these library services back to the community with popups and other library events. The equipment being replaced will be removed from the fleet and sold at a public auction (Attachment B).

Present Situation
The City Fleet Internal Service Fund (ISF) will partially fund this replacement, and the remaining costs will be equally divided between the City and County. Summit Bodyworks Specialty Vehicles was selected as the preferential vendor due to their customizability and expertise in the niche bookmobile market. Summit Bodyworks Specialty Vehicles has over 30 years of experience in customizing vehicle builds with abilities to customize the bookmobile from the chassis up. Their turnkey application allows them to purchase the chassis and create a custom product with their onsite team of project managers, engineers, and designers. This bookmobile was designed to give patrons the best experience possible; equipped with Wi-Fi, an outdoor tv, a pop-up canopy, and wheelchair access. The Community Services Department, Library Division, has approved the specifications for the proposed equipment.

Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process, including the use of a Single Available Source procurement purchase. These findings include:

1. Public Works requested a custom-built Bookmobile on a formal bid solicitation, specification “F” for Project No. OM-23-111. On May 18, 2023, bids were received, and the request for a Bookmobile was left unresponsive.

2. The use of the Single Available Source procurement purchase is appropriate for this procurement contract due to the specialized nature and build of the equipment. It was determined that competition is inadequate after solicitation of several sources.

3. The City negotiated a contract following pending approval of the Single Available Source procurement purchase, which supports an exception to the competitive bidding process in accordance with SMC section 3.68.070.

FINANCIAL SUMMARY
There is sufficient funding in Community Services Department and Public Works Fleet FY 2023-24 operating budget for the purchase of one custom-built Bookmobile with Summit Bodyworks Specialty Vehicles in the amount of $465,520.62.

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File #: 24-0168, Version: 2
Funding sources for the purchase are as follows:

Description Amount Account Number
Citywide Budget $150,000.00 5011-816-650008-210-000-40-50-000 Countywide Budget $150,000.00 5012-807-650008-100-120-40-50-000 Fleet ISF $165,520.62 4530-718-800004-500-000-00-45-000 Total $465,520.62
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.

Attachment A - Bookmobile Quote from Summit Bodyworks Specialty Vehicles Attachment B - Vehicle Purchase and Replacement List
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� [SUM n BODYWORKS]
Certified Woman Owned Biuiness
13525 County Road 8, Ft, Lupton, CO 80621
Phone: 303-301-7550 Fax: 303-288-2847
Date: 2/2/2024

ATTACHMENT A
Purchase Agreement
Customer: Stockton- San Joaquin County Library
Address:

City/ State:

Contact:

Phone:

Email:
1465 S. Lincoln Street
Stockton, CA 95206
Alanna Bindi
(209) 774-6179
[email protected]

SALESPERSON EMAIL DELIVERY METHOD PAYMENT TERMS
113rd due at contract signing, 213rd due on
Terra Becker [email protected] TBD chassis arrival to SBW, Final payment due prior to unit departing SBW facility
Price
Name Description
Bookmobile on 208" WB FCCC MT55 Step-Van, with gas engine and 1 Alice in Wonderland Bookmobile Morgan Olson body built to SBW specifications. Price includes graphics full wrap- roof wrapped to sight line. Design includes- 1 initial proof and 3 revisions.
2 Upfit Warranty Includes a 1-year warranty of the upfit as well as any warranties from compnent manufactures
3 RADCO inspection RADCO inspection for State of CA
Sub Total:

Check Your Options
Yes Name Description
D Delivery From SBW to 1465 S. Lincoln St, Stockton CA ( $3.50/mile for 1200 miles) D Training On site training with travel from CA to CO for up tci 4 staff for a maximum of 6 hours
-□ PA System PA system
D Applicable Taxes 9% sales tax
D
Total amount with options will be noted on First invoice Estimated Lead Time: Estimated 9-12 Months from contract signing and deposit.

Comments and Notes:

Terms and Conditions
Valid for 90 days.

Does not include taxes.

Payment must be paid in full before taking possession of the unit SBW Terms and Conditions of Sale included in bid package.

CUSTOMER ACCEPTANCE - Please indicate your acceptance of this agreement by signing below:

Name: Signature:

Price (ea)
$413,055.00
Included
$5,500.00
$418,555.00
Price
$4,200.00
$5,000.00
$87.77
$37,677.85
----------------
Title: Date:
323

ATTACHMENT A

TERMS AND CONDITIONS OF SALE

1. TERMS OF PAYMENT The terms, unless otherwise agreed are cash on delivery. Any payment which is not made when due shall bear interest thereafter at the rate of prime plus 4% per annum or the maximum permitted under any applicable state law, whichever is less. If the shipments are delayed by Purchaser, payment shall become due on the date when Seller is prepared to make shipment. If the financial condition of Purchaser at any time does not, in the judgment of Seller, justify continuance of the work to be performed by Seller hereunder on the terms of payment as agreed upon, Seller may suspend such work and deliveries and require such assurances of Purchaser's performance as Seller deems adequate, including full or partial payment in advance or Seller may cancel this order and shall receive reimbursement for its reasonable and proper cancellation charges. In the event of bankruptcy or insolvency of Purchaser or in the event any proceeding is brought against Purchaser, voluntarily or involuntarily; under the bankruptcy or any insolvency laws, Seller shall be entitled to cancel any order then outstanding at any time during the period allowed for filing claims against the estate and shall receive reimbursement for its reasonable and proper cancellation charges. No other payment terms are acceptable unless agreed to in writing by the parties.

2. COST INCREASE/CANCELLATION Due to the long lead time and the specific, custom nature of the truck, vehicle, or equipment (collectively "Vehicle(s)") hereunder, the agreement between Purchaser and Seller may not be revoked or cancelled by Purchaser except as set forth in this Section

2. Purchaser acknowledges that the manufacturers or suppliers of the various components or materials of the Vehicle(s) may increase the price of such components or materials at any time and without notice. Purchaser agrees that in the event any manufacturer or supplier of components or materials increases the cost of any component or material, Seller or Purchaser can cancel this Agreement by providing written notice. If this Agreement is canceled under the terms of this Section 2, Seller will refund Purchaser any amount Purchaser has paid to Seller for the Vehicle(s). Alternatively, Purchaser and Seller may agree to amend this Agreement to increase the cost of the Vehicle(s) to account for any increase in the cost of components or materials. Price adjustments must be solely for the purpose of accommodating an increase in the cost of components or materials and not for Seller's profits.

3. SALES AND OTHER TAXES Seller's prices includes Federal Excise Tax, where applicable, but do not include sales, use or similar taxes.

Consequently, in addition to the price specified herein, the amount of any present or future sales, use or other similar tax applicable to the sale or use of the trucks, vehicles or other equipment purchased hereunder shall be paid by Purchaser, or in lieu thereof, Purchaser shall provide Seller with a tax exemption certificate acceptable to the taxing authorities.

4. DELIVERY All vehicles and equipment furnished hereunder shall be delivered to Purchaser at the factory or other point of shipment. Unless provided to the contrary, deliveries will be made via carriers and routes selected by Seller with freight charges to be assumed by Purchaser. The risk of loss or damage, latent or otherwise, shall pass to Purchaser upon delivery to the carrier. If shipments are delayed by Purchaser, vehicles held for Purchaser shall be at its risk and expense. Delivery dates are approximate and are based upon receipt of all necessary information from Purchaser.

Seller shall not be liable for delays in delivery or failure to manufacture or deliver due to: (1) causes beyond its reasonable control; (2) acts of God, acts of Purchaser, acts of civil or military authorities, priorities, fire, strikes, floods, epidemics, war, riot, delays in transportation; (3) inability due to causes beyond its reasonable control to obtain necessary labor, mat�rials, components, or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay.

5. CREDIT DEDUCTIONS Purchaser agrees that in making payments to Seller, no deductions of any credits for warranty claims or otherwise shall be made unless Purchaser has received written notice from seller approving such credit.

6. TITLE AND REMEDIES Until full payment of all obligations of Purchaser hereunder, Seller reserves the title to all equipment furnished hereunder.

If Purchaser defaults in payment or performance hereunder or becomes subject to insolvency, receivership, or bankruptcy proceedings or makes an assignment for the benefit of creditors or without the consent of Seller voluntarily or involuntarily sell, transfers, leases, or permits any lien or attachment on the equipment delivered hereunder, Seller may treat all amounts then or thereafter owing hereunder by Purchaser to be immediately due and payable (subject only to credits required by law) and Seller may repossess said equipment by any means available by law. Purchaser shall execute and deliver to Seller such financing statements and other writings as Seller may deem appropriate to evidence, perfect and protects its security interest in the trucks and/or equipment subject to this order and the priority thereof.

7. DISPUTES Any and all disputes and claims of any kind and nature whatsoever arising under this Agreement (including by reference the provisions set forth in the Owner's Warranty Information Book) shall be handled as provided in this Section. This Agreement shall be deemed to have been made in the State of Colorado (without regard to the conflict of law principals of the State), including all matters of construction validity and performance regardless of the location of the truck and/or equipment supplied hereunder. Seller and Purchaser expressly waives any and all right to a jury trial regarding any dispute hereunder. Purchaser hereby irrevocably submits to the exclusive jurisdiction and venue of courts sitting in Adams County, Colorado. Purchaser hereby irrevocably waives, and hereby agrees not to assert by way or motion, defense, or otherwise, any claim that Purchaser is not subject personally to the jurisdiction of such courts, that the truck or other vehicle or equipment to be supplied hereunder or any other property of Purchaser is exempt or immune from attachment or execution, that any action brought under this Agreement is brought in an inconvenient forum, that the venue of action is improper or that this Agreement cannot be enforced by any such courts. Notwithstanding the foregoing, Seller may bring an action in replevin, trespass, detinue, trover or any similar action in any jurisdiction in which the property subject to such action is located.

8. GENERAL Any assignment of this order, or any rights hereunder, by Purchaser without written consent of Seller shall be void.

Clerical errors of this order shall be automatically corrected upon giving written notice thereof to Purchaser by a duly authorized representative of Seller.

No waiver, alteration, or modification of any of the provisions hereof shall be binding unless in writing and signed by a duly authorized representative of Seller.

This writing (including by reference the provisions set out in the Owner's Warranty Information Book) shall constitute the entire agreement between Purchaser and Seller and no understanding or obligations not herein or in the Owner's Warranty Information Book expressly set forth are binding upon Purchaser and Seller.

Purchaser's order is subject to acceptance by an authorized officer of Summit Bodyworks.

Summit Bodyworks Specialty Ve_hicles 13525 County Road 8, Fort Lupton, CO. 80621 / 324
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ATTACHMENT A

PRELIMINARY DRAWING
lmlE 1IE GIMINIIQ DIIAIIIG NII !UIIIT1ED FIii PIIIIDUC1IDN IEEAIE AT lllSDIIA-■Flllmml!GAIII ______ ITaL SUIIIIT IOD'IIIIIICS. mlA1111E CEll'IHS lllAT 1IIEIE -.:Allllll AIIE CXIBIIENT WIHCUSlQEIIIIEIUIEIEIIIS.

PRINTEDNAME-..· --------------

THIS DOCUMENT CONTAINS PROPRIETARY DATA OF

SUMMIT BODYWORKS AND SHALL NOT BE USED FOR

PURPOSES OTHER THAN THOSE AGREED UPON BETWEEN

SUMMIT BODYWORKS AND ITS CUSTOMER AND THE
INTENDED PROJECT THAT IT IS SUBMITTED FOR.

I SUMMIT BODYWORKS I
18116 COlllffY BO.ID I
1'1'. WP'lON. CO 1111111

RIOR/EXTERIOR VIEW
ELIM
325

ATTACHMENT B
Vehicle Purchase and Replacement List
Unit # Year Make Description Replacement
Reason Department Division/ Section
5112 2006 BLU Bookmobile Over Age Community
Services Library
326
City of Stockton
Legislation Text
File #: 24-0170, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE CITYWIDE SIDEWALK REPAIR PROJECT

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

1. Approve Notice of Exemption No. NOE 06-24 under the California Environmental Quality Act for the Citywide Sidewalk Repair, Project No. WD22053.

2. Approve the plans and specifications for the Citywide Sidewalk Repair, Project No. WD22053.

3. Award a Construction Contract in the amount of $2,815,330 to United Pavement Maintenance, Inc. of Hughson, CA, for the Citywide Sidewalk Repair, Project No. WD22053.

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

Summary
The Citywide Sidewalk Repair project will remove and replace sidewalks, curbs, and gutters damaged by City-maintained tree roots at approximately 348 locations citywide (Attachments A and B) and will reduce the City's current sidewalk repair backlog.

On January 25, 2024, the City received 11 bids for this project. Staff recommends Council award a Construction Contract to the lowest responsive bidder, United Pavement Maintenance, Inc., in the amount of $2,815,330. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE 06-24 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin in summer 2024 and be completed by spring 2025, weather permitting.

DISCUSSION
Background
The City maintains approximately 781 centerline miles of streets, most of which contain curbs, gutters, and sidewalks. Prior to 1968, the adjacent property owner was responsible for the maintenance of the curbs, gutters, and sidewalks in accordance with the Streets and Highways Improvement Act of 1911. In 1968, Council revised the Stockton Municipal Code (SMC) to assume responsibility for repairs to all curbs, gutters, and sidewalks in cases where the damage is caused by City-owned or controlled trees (prior SMC 12.04.040).

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

On May 3, 2022, by Resolution No. 2022-05-03-0903, Council allocated $10.2 million in discretionary funding for sidewalks. The funding provided $4.0 million for the Citywide Sidewalk Repair project (Attachments A and B). Improvements include the removal and replacement of curbs, gutters, and sidewalks damaged by City-owned tree roots.

On December 5, 2023, by Motion No. 2023-12-05-1211, Council rejected all bids for the Citywide Sidewalk Repair project. Revisions were made to the project scope to include locations from the backlog list where trees have already been removed intentionally or naturally. Staff re-advertised the project with 348 locations where no trees will need to be removed to complete this project.

Upon completion of this project, there will be approximately 1,645 curb, gutter, and sidewalk locations on the permanent repairs backlog list. This backlog list does not include locations where sidewalks are needed but do not currently exist. These locations are referred to as "sidewalk gaps" and are addressed when grant funding for "sidewalk gap closure" projects are available.

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

Present Situation
On December 28, 2023, the Citywide Sidewalk Repair, Project No. WD22053, was advertised for bids. On January 25, 2024, 11 bids were received with the following results:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
United Pavement Maintenance, Inc.
(Hughson, CA) $2,815,330.00 $2,815,330.00
R. Sutton Enterprises, LLC
(Vallecito, CA) $2,848,310.00 $2,848,310.00
FBD Vanguard Construction, Inc.
(Livermore, CA) $3,046,285.00 $3,046,285.00
Tom Mayo Construction, Inc.
(Stockton, CA) $3,055,550.00 $2,994,439.00
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B&M Builders, Inc.
(Rancho Cordova, CA) $3,061,020.00 $3,061,020.00
JPB Designs, Inc.
(Sacramento, CA) $3,143,100.00 $3,143,100.00
Kerex Engineering
(Pleasant Hill, CA) $3,150,200.00 $3,150,200.00
JJR Construction
(San Mateo, CA) $3,384,542.40 $3,384,542.40
Knife River Construction
(Stockton, CA) $4,206,273.00 $3,995,959.35
George Reed, Inc.
(Modesto, CA) $4,149,999.00 $4,149,999.00
Dirt Dynasty, Inc.
(Farmington, CA) $4,313,560.00 $4,227,288.80
Engineer's Estimate $3,213,370.00
The requirements of SMC section 3.68.090, Local Business Preference, apply to this project. Knife River Construction is located within the City limits and is entitled to a five percent bid preference.

Tom Mayo Construction, Inc. and Dirt Dynasty, Inc. are located within the County limits and are entitled to a two percent bid preference. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The bid from United Pavement Maintenance, Inc., the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to United Pavement Maintenance, Inc. of Hughson, CA, in the amount of $2,815,330.

The project is in conformance with the City's General Plan, pursuant to California Government Code section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA guidelines. As a result, the project has been granted a categorical exemption. The activities related to this project constitute a discretionary project under the City's jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE 06-24 under CEQA. Construction is anticipated to begin in summer 2024 and be completed by spring 2025, weather permitting.

FINANCIAL SUMMARY
There is sufficient funding in Project No. WD22053 to award a Construction Contract to United Pavement Maintenance, Inc. in the amount of $2,815,330.

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

Attachment A - Project Map
Attachment B - Location List
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HAMMER LN HAMMER LN

BEN HOLT DR

EL DORADO
ST

WILSON WY

MARCH LN

WATERLOO RD

FREMONT ST

MARIPOSA
RD

AIRPORT WY

DR MLK JR BL

MAIN ST

EIGHT MILE RD

DAVIS RD

THORNTON RD

LOWER SACTO
RD

WEST LN

PARK ST

PACIFIC AV

THORNTON RD

DAVIS RD

WEST LN

GATEWAY

ALPINE RD

CHEROKEE RD

ROBERTS RD

EIGHTH ST

MORADA LN

PACIFIC AV

PERSHING AV

ALPINE AV

WEST LN

HARDING WY

EL DORADO ST

CALIF ST

CENTER ST

HOLMAN RD

TRINIT Y PK

ARMSTRONG RD

LOWER SACTO RD

CHARTER WY
µ
0 0.4 0.8 1.6 2.4 3.2
Miles
LEGEND
Sidewalk Repair Locations
Parks
Public Schools
Citywide Sidewalk Repair,
Project No. WD22053

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A
331
No. Address No. Address
1 Claremont Av & W Jamestown St 46 4121 Antioch Wy
2 6104 Glenbrook Ln 47 2387 E Fremont St
3 3150 Appling Ci 48 1533 N San Joaquin St
4 1622 Meadow Av 49 1555 W Harding Wy
5 8334 Colonial Dr 50 8351 N El Dorado St
6 3826 West Creek Dr 51 2240 E Church St
7 2619 Winslow Wy 52 2951 Appling Ci
8 719 Diane Av 53 442 S Broadway Av
9 6886 Annapolis Quay Ci 54 1403 S Aurora St
10 1607 and 1624 W Regal St 55 727 E Mayfair Av
11 6039 Carolina Ci 56 2545 Tamarisk Av
12 111 W Sonoma Av 57 1739 Chaparral Wy
13 1629 Seward Wy 58 1230 E Worth St
14 5818 Linda Sue Dr 59 5464 Governor Ci
15 3235 Meade Dr 60 4126 Crown Av
16 546 E Robinhood Dr 61 515 E Ninth St
17 3326 Timberlane Dr 62 921 W Ponce De Leon Av
18 3225 Blue Ridge Ci 63 6009 Glenbrook Ln
19 2488 E Market St 64 1014 Sunnyoak Wy
20 1215 W Walnut St 65 9427 Kimbrough Ct
21 65 N Commerce St 66 705 Lexington Av
22 6724 Fredericksburg Pl 67 5818 Brush Creek Dr
23 1602 Venetian Dr 68 9802 Twin Creeks Av
24 3823 Otto Dr 69 2925 Pacific Av
25 8477 N El Dorado St 70 1304 N Yosemite St
26 1638 Whitney St 71 815 W Alpine Av
27 305 S Locust St 72 3575 Mill Springs Dr
28 911 E Banbury Dr 73 1706 Milton St
29 2309 Segarini Wy 74 7135 Shoreham PL
30 1232 Hutchinson Av 75 3211 Bixby Wy
31 9038 Stonewood Dr 76 6 N F St
32 344 Della St 77 504 Northbank Ct 96
33 8243 Onyx Ct 78 1061 W Mendocino Av
34 8249 Onyx Ct 79 6840 Butler Ct
35 826 N California St 80 2270 E Swain Rd
36 8420 Kiltie Wy 81 2254 Old Del Monte St
37 1011 N Edison St 82 3509 Stone River Ci
38 715 W Los Felis Av 83 5020 Mallard Creek Ct
39 1948 Santa Fe Dr 84 1211 N Hunter St
40 5478 Governor Ci 85 2515 N Center St
41 2210 Lido Ci 86 2205 N Orange St
42 1825 W Hammer Ln 87 1818 West Ln
43 1661 E Miner Av 88 36 E Jefferson St
44 8352 Diana Marie Dr 89 5758 Lorraine Av
45 2 W Castle St 90 353 W Swain Rd
Citywide Sidewalk Repair, Project No. WD22053
Location List

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ATTACHMENT B 332
No. Address No. Address
Citywide Sidewalk Repair, Project No. WD22053
Location List
91 507 Aspen St 136 4101 Manchester Av
92 2317 Shropshire Dr 137 6926 Sumter Quay Ci
93 842 W Vine St 138 2717 Cypress Av
94 1826 Westmora Av 139 7925 Graceland Ct
95 9412 Squire Ln 140 9962 River View Ci
96 5076 Moss Creek Ci 141 521 W Lincoln Rd
97 9464 Blackswain PL 142 2137 S Sacramento St
98 9567 Thornton Rd 143 4024 Windemere Wy
99 5646 Kermit Ln 144 4320 Boulder Creek Ci
100 49 W Yokuts Av 145 2015 W Willow St
101 4322 Inlet Rd 146 4303 Christian Life Wy
102 3627 Mill Springs Dr 147 4573 Winding River Ci
103 3401 Hepburn Ci 148 9111 Don Av
104 3333 Whistler Wy 149 862 W Sonoma Av
105 3126 Apppling Ci 150 2227 N Stockton St
106 8718 Blue Grass Dr 151 17 W Longview Av
107 1202 School Av 152 9810 Ladybird Wy
108 6038 Cresenda Av 153 9505 Brisbane PL
109 511 E Second St 154 819 E Anderson St
110 1033 Parma Rd 155 306 Regent Ct
111 2263 E Lafayette St / 2255 156 2325 E Church St
112 1751 Greeley Wy 157 5740 Kermit Ln
113 1732 W Flora St 158 5748 Kermit Ln
114 1655 E Main St 159 1929 William Moss BL
115 27 Glendora Av 160 1120 W Mariposa Av
116 1320 W Park St 161 2921 Stanfield Dr
117 2419 N Argonaut St 162 29 Dunmar Ln
118 760 Sutherland Dr 163 406 Leslie Av
119 1125 W Flora St 164 1177 Oxford Wy
120 1234 Briarwood Wy 165 2218 E Church St
121 3020 Sleepy Hollow Dr 166 1663 E Main St
122 5331 St Kitts Ct 167 429 E Lancaster Dr
123 10744 Beachcomber Dr 168 420 E Canterbury Dr
124 1341 W Robinhood Dr A3 169 423 E Canterbury Dr
125 9662 Apple Blossom Wy 170 343 E Lancaster Dr
126 9834 Deep Water Ln 171 325 E Lancaster Dr
127 9512 Fairhaven Dr 172 526 El Camino Av
128 333 Regent Ct 173 8228 West Ln
129 1256 Chaparral Wy 174 822 Highmoor Av
130 2196 E Market St 175 2425 Montclair St
131 2140 E Market St 176 6838 Wilderness Ct
132 2275 E Washington St 177 10098 River Falls Ci
133 2273 E Washington St 178 1815 N San Joaquin St
134 2270 E Washington St 179 2271 E Lafayette St
135 2205 E Washington St 180 4443 Sturgeon Rd

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ATTACHMENT B 333
No. Address No. Address
Citywide Sidewalk Repair, Project No. WD22053
Location List
181 5408 Governor Ci 226 1036 W Magnolia St
182 3525 Horner Av 227 1319 and 1320 N Madison St
183 1831 Michigan Av 228 130 Martinique Ct
184 9114 Sandringham Ct 229 1627 and 1705 S Center St
185 426 Don Carlos Av 230 2616 Otto Dr
186 1228 W Willow St 231 3923 Northstar Dr
187 412 Pomona Av 232 1708 School Av
188 28 E Noble St 233 2175 Raymond Av
189 1734 Fluetsch Ct 234 1924 Bishop St
190 2815 Marsh St 235 1919 Quail Lakes Dr 11
191 1930 Santa Fe Dr 236 10080 Creek Trail Ci
192 2829 Yellowstone Av 237 2012 W Del Rio Dr
193 Olympic Cir & Yellow Stone Av 238 25 W Willow St
194 7721 Peppertree Dr 239 1 W Robinhood Dr
195 3022 Old Ranch Ci 240 6862 Allegheny Pl
196 1244 Vernal Wy 241 646 W Mariposa Av
197 1825 W Hammer Ln 242 9217 Don Rafael Wy
198 217 W Morada Ln 243 2302 Shropshire Dr
199 2403 N Hunter St 244 40 S Union St
200 1404 E Pinchot St 245 1402 N Hunter St
201 1629, 1633 W Poplar St 246 2438 E Scotts Av
202 1040 S San Joaquin St 247 28 E Jefferson St
203 555 N El Dorado St 248 2839 Otto Dr
204 2106 N Orange St 249 1235 W Willow St
205 Thornton Rd & A G Spanos Blvd 250 704 Sutherland Dr 206 1403 W Longview Av 251 341 S San Jose St
207 West Ln & Pyrenees Av 252 3515 Oak Grove Ci
208 204 W Euclid Av 253 1304 W Magnolia St
209 820 N Monroe St 254 7904 Peppertree Dr
210 1877 Fort Hall Pl 255 1249 Stratford Ci
211 1750 W Euclid Av 256 833 E Lindsay St
212 1903 W Willow St 257 735 Watts Av
213 2976 Old Ranch Ci 258 827 E Lindsay St
214 505 E Ninth St 259 4824 Claremont Av
215 715 W Fremont St 260 4847 Claremont Av
216 6 W Main St 261 4841 Claremont Av
217 500 N Baker St 262 1702 N Wilson Wy
218 725 W Fremont St 263 269 E Gibson St
219 929 W Mariposa Av 264 806 W Mariposa Av
220 640 N D St 265 2950 Litchfield Dr
221 1524 W Willow St 266 4241 Round Valley Ci
222 8320 Alexa Ct 267 2239 E Hazelton Av
223 2703 Hazelwood Av 268 1471 Capitola Ci
224 1243 W March Ln 269 1516 Venetian Dr
225 2709 Dogwood Ct 270 2111 Franklin Av

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ATTACHMENT B 334
No. Address No. Address
Citywide Sidewalk Repair, Project No. WD22053
Location List
271 1622 Meadow Av 316 1137 Wrangler Ci
272 2021 Madrid Dr 317 7917 Etna St
273 2293 E Main St 318 1425 Michigan Av
274 2734 Fallenleaf Dr 319 221 N Locust St
275 1025 Autumn Ct 320 2010 W Fremont St
276 639 Bedford Rd 321 638 W Oak St
277 2623 Stanfield Dr 322 2953 Raleigh Dr
278 West Ln & E Swain Rd 323 1315 W Ponce De Leon Av
279 150 Glasgow Av 324 1902 Laredo Ci
280 6918 Annapolis Quay Ci 325 4306 Brodie Wy
281 9 W Mendocino Av 326 2003 Westmora Av
282 Marantha Dr & Hammer Ln 327 2127 N Stockton St
283 1418 W Poplar St 328 3027 Sleepy Hollow Dr
284 4656 Birmingham Wy 329 1218 Earth Flower Dr
285 1633 W Poplar St 330 834 Junipero Serra Dr
286 1547 Burnside Wy 331 2805 Rockford Av
287 1621 Seward Wy 332 611 Tuxedo S Av
288 2242 Port Trinity Ci 333 673 Tuxedo S Av
289 5122 Hanna Bay Av 334 2210 Dwight Wy
290 1523 Venetian Dr 335 1902 Comstock Dr
291 3148 W Swain Rd 336 28 E Noble St
292 1655 Bonaire Ci 337 4440 Plato Ct
293 1222 E Flora St 338 1327 W Ponce De Leon Av
294 1238 E Flora St 339 1028 W Park St
295 745 N Airport Wy 340 2320 S Pilgrim St
296 242 W Worth St 341 133 W Barrymore St
297 9717 Bismark Pl 342 1802 W Willow St
298 9601 Hickock Dr 343 1773 Valmora Dr
299 1859 Fort Hall Pl 344 9305 Sundance Ln
300 1001 Figueroa St 345 5023 Moorcroft Ci
301 1005 W Flora St 346 7843 Haney Ln
302 11 E Gibson St 347 7813 Rosewood Dr
303 220 E Monterey Av 348 4555 McDougald Bl
304 9031 Cornwall Dr
305 542 Skye B Ct
306 119 E Rose St
307 36 W Pine St
308 1323 W Magnolia St
309 2323 Venetian Dr
310 505 N Yosemite St
311 223 E Glencannon St
312 711 Oso St
313 200 Patricia Av
314 2380 E Oak st
315 1814 W Willow St

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ATTACHMENT B 335
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE06-24,

APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE CITYWIDE SIDEWALK REPAIR, PROJECT NO. WD22053
On January 25, 2024, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Citywide Sidewalk Repair, Project No. WD22053; and
The project will remove and replace sidewalks, curbs, and gutters damaged by City-maintained tree roots at approximately 348 locations citywide and will reduce the City’s current sidewalk repair backlog; and
United Pavement Maintenance, Inc. is the lowest responsive bidder, in the amount of $2,815,330, and its bid is regular in all respects; and The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves the filing of Notice of Exemption No. NOE06-24 under CEQA for the Citywide Sidewalk Repair, Project No. WD22053, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the plans and specifications for the Citywide Sidewalk Repair, Project No. WD22053.

3. The City Council awards a Construction Contract between the City of Stockton and United Pavement Maintenance, Inc. in the amount of $2,815,330, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
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336

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 April 2, 2024 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
337
EXHIBIT 1
338
EXHIBIT 2

CONSTRUCTION CONTRACT
This contract is made and entered into on ______ , by and between UNITED PAVEMENT MAINTENANCE, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 7017 HUGHSON AVE, HUGHSON, CA 95326, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
WI T N E S S E T H:

WHEREAS, plans and specifications for the construction of CITYWIDE SIDEWALK REPAIR (PROJECT NO. WD22053), hereinafter called "PROJECT," were regularly adopted by Council Resolution No. ________ , on ________ ; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. ________ on ______ _
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:

CONTRACTOR agrees:

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

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $2,815,330.00, or as otherwise mutually agreed to in a Contract Change Order.

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

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

Local Construction Contract - UNITED PAVEMENT MAINTENANCE, INC. - PROJECT NO. WD22053 (Updated 10/18/23)

Page 1 of 65 ends

EXHIBIT 2
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 noncontributory" and will not seek contribution from the City of Stockton's insurance or selfinsurance 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 noncontributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton's own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

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

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

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

CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor's work. Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Subsubcontractor. 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 Local Construction Contract - UNITED PAVEMENT MAINTENANCE, INC. - PROJECT NO. WD22053 (Updated 10/18/23)

Page 2 of 65 ends

EXHIBIT 2
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 obligatfon 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 8-1.048 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-12131 effective September 27, 20161 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 week1 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 incorrect1 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 190 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 TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($2500) 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 specified1 the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY1 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, inspection1 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 Local Construction Contract - UNITED PAVEMENT MAINTENANCE, INC. - PROJECT NO. WD22053 . (Updated 10/18/23)

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EXHIBIT 2
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.

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

Local Construction Contract - UNITED PAVEMENT MAINTENANCE, INC. - PROJECT NO. WD22053 (Updated 10/18/23)

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EXHIBIT 2
https://leginfo.legislature.ca.gov/faces/codes displayText.xhtml?lawCode=LAB &division=2.&title=&part=7 .&chapter= 1 . &article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee. i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.

The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, .and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Local Construction Contract - UNITED PAVEMENT MAINTENANCE, INC. - PROJECT NO. WD22053 (Updated 10/18/23)

Page 5 of 65 ends

EXHIBIT 2
Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR'S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract.

CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section 3.68.095.
f. COMMUNITY WORKFORCE TRAINING AGREEMENT
g.

Pursuant to the implementation of the Community Workforce Training Agreement (CWT A) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of CWT A. For any project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and no separate compliance with Section

3.68.095 will be required of the Contractors/Employers working on the project EXHIBIT D.

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 Local Construction Contract - UNITED PAVEMENT MAINTENANCE, INC. - PROJECT NO. WD22053 (Updated 10/18/23)

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EXHIBIT 2
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.

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 Local Construction Contract - UNITED PAVEMENT MAINTENANCE, INC. - PROJECT NO. WD22053 (Updated 10/18/23)

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EXHIBIT 2
records for a period of three (3) years after final payment under the contract.

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

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

ATTEST:

ELIZA R. GARZA, CMC

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

LORI M. ASUNCION

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

DEPUTY CITY ATTORNEY
CITY:

By: ___________ _

HARRY BLACK

CITY MANAGER
By: 4Gt0 t ;,::.J (_Ol, !, 0..

U ITED PAVEMENT
MAINTENANCE, INC.
&I, 1--1 t/-:31d:E' 1 Tax Identification No.

Local Construction Contract - UNITED PAVEMENT MAINTENANCE, INC. - PROJECT NO. WD22053 (Updated 10/18/23)

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CITYWIDE SIDEWALK REPAIR
PROJECT NO. WD22053B

BI DDING SCHEDULE
EXHIBIT 2

EXHIBIT A
Each bidder shall bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive. - Item Description Unit Quantity Unit price Total Price - 1, 1 Mobilization LS 1 43,000 43,000
2 Traffic Control LS 1 40,000 40,000
3 Water Pollution Control LS 1 30,000 30,000 I
4 Survey Monument Restoration EA 20 2,252 45,040 I
5 Concrete Sidewalk Removal & SF 66,990 I
Replacement (All Work Complete In-Place) 29.00 1,942,710 6 Vertical Curb and Gutter Removal & LF 4,000 I
Replacement (All Work Complete In-Place) 58.00 232,000
I
7 Rolled Curb and Gutter Removal and LF 5,080 I
Replacement (All Work Complete In-Place) 57.00 289,560
Concrete Driveway Apron Removal and
8 Replacement up to 8" depth (All Work SF 5,580 31.00 172,980 Complete In-Place)
Remove and replace Additional AC
9 pavement (up to 8" thick) (All Work SF 300 30.00 9,000 Complete In-Place)
Concrete Sidewalk Removal and _::J 10 Replacement with 9" Vertical Retaining SF 230 48.00 Curb (All Work Complete In-Place)
TOTAL 8I0 __ $_2_,B 1 5,3 3 _0 __
BIDDER'S NAME United Pavement Maintenance, Inc.

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Contractor Information
legal Entity Name
United Pavement Maintenance,lnc.

Legal Entity Type
Corporation
Status
Active
Registration Number
PW-LR-1000878534
Registration effective date
07/01/23
Registration expiration date
06/30/26
Mailing Address
PO Box 1017 Hughson 95326 CA United States of Ame ...

Physical Address
7017 Hughson Ave Hughson 95326 CA United States o ...

Email Address
[email protected]
Trade Name/OBA
License Number (s)
CSLB:905503
Legal Entity Information
Corporation Entity Number:

Federal Employment Identification Number:

President Name:

Vice President Name:

Treasurer Name:

Secretary Name:

CEO Name:

Agenc;y for Service·
Reg.istration History
Effective Date Expiration Date
05/10/22 06/30/23
07 /01/23 06/30/26
471439289
471439289
Rodolfo Ruvalcaba
Rodolfo Ruvalcaba
Rodolfo Ruvalcaba
Mabel Ruvalcaba
Rodolfo Ruvalcaba

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EXHIBIT 2

EXHIBIT A
348
Agent of Service Name:

Agent of Service Mailing Address:

Worker•s Compensation
Mabel Ruvalcaba
2837 Geer Rd Hughson PO Box 1017 95326 CA United States of America Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current worker's compensation insurance information below:

PEO PEO PEO
PEO lnformationName
Insured by Carrier
Policy Holder Name:

Insurance Carrier:

Policy Number:

Inception date:

Expiration Date:

Phone Email

Page 11 of 59 ends

United Pavement Maintenance,lnc.

Everest ·premier Insurance Company
7600024343231
04/28/23
04/28/24.

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EXHIBIT 2

EXHIBIT A
349
:Contractor Information
Legal Entity Name

TULLY INC
Legal Entity Type
Corporation
Status
Active
Registration Number
1000024960
Registration effective date
07/01/22
Registration expiration date
06/30/25
Mailing Address
1650 N. Lincoln St., Suite A Dixon 95620 CA United Stat. ..

Physical Address
1650 N. Lincoln St., Suite A Dixon 95620 CA United Stat ...

Email Address
[email protected]
Trade Name/OBA
Tully Consulting Group
License Number (s)
Other:C64354
Legal Entity Information
Corporation Entity Number:

Federal Employment Identification Number:

President Name:

Vice President Name:

Treasurer Name:

Secretary Name:

CEO Name:

Ag� for Service·
Agent of Service Name:
fl�g_i
_�tr�_�i9_0 __ tU�t9.r.Y _________ _
Effective Date Expiration Date
06/14/18 06/30/19
06/19/17 06/30/1 8
05/31/16 06/30/17
07/02/15 06/30/16
07/01/19 06/30/22
07 /01/22 06/30/25
3054376
830499875
Robin Tully
Richard Tully
Robert Sousa
Robin Tully
Robin Tully
Robin Tully

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EXHIBIT 2

EXHIBIT A
350
Agent of Service Mailing Address:

Worker's Compensation
1650 N Lincoln St Suite A Dixon 95620 C:A United States of America Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current worker's compensation insurance information below:

PEO PEO PEO
PEO lnformationName
Insured by Carrier
Policy Holder Name:

Insurance Carrier:

Policy Number:

Inception date:

Expiration Date:

Phone Email

Page 13 of 59 ends

Tully Consulting Group
Hartford Business Service
52 WBCM0JS2
11/01/21
11/01/22

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EXHIBIT 2

EXHIBIT A
351
iContractor Information
Legal Entity Name
NORTHSTAR ENGINEERING GROUP, INC.

Legal Entity Type
Corporation
Status
Active
Registration Number
1000001432
Registration effective date
07/01/23
Registration expiration date
06/30/24
Mailing Address
620 12TH STREET MODESTO 95354 CA United States o ...

Physical Address
620 12TH STREET MODESTO 95354 CA United States o ...

Email Address
[email protected]
Trade Name/OBA
NORTHSTAR ENGINEERING GROUP, INC.

License Number (s)
Surveyor.6953
Surveyor.6953
Surveyor.LS6953
Legal Entity Information
Corporation Entity Number:

Federal Employment Identification Number:

President Name:
' Vice President Name:
' Treasurer Name:

Secretary Name:

CEO Name:
-��g!��r�!!9r,,_HJ�.!.9rY_c, .... -.

Effective Date Expiration Date
06/15/18 06/30/19
05/09/17 06/30/18
05/24/16 06/30/17
06/25/15 06/30/16
09/22/14 06/30/15
07/01/19 06/30/20
07/01/20 06/30/21
07/01/21
07/01/22
06/30/22
06/30/23
07 /01/23 06/30/24
810572077
810572077
Anthony Cannella
Kent Hysell
John Mensonides

Page 14 of 59 ends

Page 14 of 65 ends

EXHIBIT 2

EXHIBIT A
352
••• Agency for Service:

Agent of Service Name: Anthony Cannella
Agent of Service Mailing Address: 620 12th Street Modesto 95354 CA United States of America Worker's Compensation
Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current worker's compensation insurance information below:

PEO PEO PEO
PEO lnformationName
Insured by Carrier
Policy Holder Name:

Phone Email

TECHNOLOGY INS CO INC
Insurance Carrier:

Policy Number:

TECHNOLOGY INSURANCE COMPANY, INC.

TWC4162442
Inception date: 10/21/22 '.

Expiration Date: 10/21/23:

Page 15 of 59 ends

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EXHIBIT 2

EXHIBIT A
353
REV 2022-05-17
Exhibit B:

Insurance Requirements
(Citywide Sidewalk Repairs WD22053B)
EXHIBIT 2

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

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

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

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

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

4. Surety Bonds as described below.

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REV 2022-05-17
EXHIBIT 2

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

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

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

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

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

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

Claims Made Policies {Professional & Pollution only)

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

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

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

EXHIBIT 2

EXHIBIT B

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

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.

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

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

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REV 2022-05-17
EXHIBIT 2

EXHIBIT B
waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

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

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REV 2022-05-17
EXHIBIT 2

EXHIBIT B
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

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Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date: HARASSMENT POLICY
5/1/2015
EXHIBIT 2

EXHIBIT C
Page No.1 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER�015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER�037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this poficy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting1 investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment
II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed I color, national origin! ancestry! military and veterans status, physical or mental disability, medical condition! genetic characteristics or information1 denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgenderl pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.

All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place11 or "Exchange. 11
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception appliesl such as a bona fide occupational qualification.

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

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Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date: HARASSMENT POLICY
5/1/2015
EXHIBIT 2

EXHIBIT C
Page No. 2 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited tol hiringl reassignment, placement, promotion, employment action, disciplinary action, layoff
, reemployment1 transfer, leave of absence1
compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.

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

F. All new hires shall attend harassment awareness training1 and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.

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

H. This policy applies to all officials, employees, volunteers, unpaid interns1 agents, or contractors of the City.

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

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Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
• Directive No. HR .. 15
DISCRIMINATION AND Effective Date: HARASSMENT POLICY
5/1/2015
Page No. 3 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
EXHIBIT 2

EXHIBIT C
PER-0i5 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER*037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A "Discrimination," as used in this policy, is any action, behavior1 practice, or process that is intended to deny! or results in the denial of, employment rightsf privilegesJ or benefits because of a person's race, religious creed, color, national origin, ancestry1 military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation1 sex (including gender1 gender identity1 gender expression, transgender, pregnancy1 childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:

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

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

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

B. "Harassment/1 as used in this policy, consists of any conduct affecting another person because of his or her race1 religious creed1 color, national origin! ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or informationt denial of family and medical care leave, marital status, sexual orientation1 sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3)

Page 23 of 65 ends

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date: HARASSMENT POLICY
5/1/2015
Page No. 4 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
EXHIBIT 2

EXHIBIT C
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2115/93 otherwise adversely affecting an employeels or non-employee's employment opportunities.

Harassment may take many forms, including1 but not limited to, the following examples:

1. Verbal Harassment Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin1 ancestry1 physical or mental disability, marital status, pregnancy, medical condition! gender, sexual orientation, political affiliation, agel or any other category or attribute identified under state and federal law.

2. Physical Harassment Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin1 ancestry, physical or mental disability, marital status, pregnancy, medical condition, gendec sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

3. Visual Harassment The displaying of posters I photography, notices$ bulletins1 e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

C. "Sexual harassment, 11 as used in this policy, is a subcategory of harassment and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:

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

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or

Page 24 of 65 ends

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date: HARASSMENT POLICY
5/1/2015
Page No. 5 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
EXHIBIT 2

EXHIBIT C
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER�037 (Sexual Harassment Investigative Procedures) revised from 2/15/93

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

Page 25 of 65 ends

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date: HARASSMENT POLICY
5/1/2015
Page No. 6 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
EXHIBIT 2

EXHIBIT C
PER�015 (Sexual Harassment in the Workplace} revised from 10/21/94, 511/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures} revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.

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

1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace11 or "Exchange", by which can trigger a penalty payable by the employer;

2. Reports potential violations of protections afforded under Title I of the Act1 which provides guaranteed availability protections among other things;

3. Testifies in a proceeding concerning such violation;

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

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

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

Page 26 of 65 ends

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR .. 15
EXHIBIT 2

EXHIBIT C
Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.

1. Employee1
s and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and nonemployees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City! such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person( s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment unless that supervisor or manager is the
individual engaging in the unwanted behavior. In that casef the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or

Page 27 of 65 ends

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR .. 15
DISCRIMINATION AND Effective Date: HARASSMENT POLICY
5/1/2015
EXHIBIT 2

EXHIBIT C
Page No. 8 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassme·nt Investigative Procedures) revised from 2/15/93 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident( s}, the names of the individuals involved, the names of any witnesses1 and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediatefy1 objectively and thoroughly investigated in accordance with the investigation procedures.

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

2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-empfoyees1 behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or nonemployee to cease the conduct.

Page 28 of 65 ends

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date: HARASSMENT POLICY
5/1/2015
EXHIBIT 2

EXHIBIT C
Page No. 9 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment tn the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 {Sexual Harassment Investigative Procedures) revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.

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

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

V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees)1 the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is

Page 29 of 65 ends

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date: HARASSMENT POLICY
5/1/2015
EXHIBIT 2

EXHIBIT C
Page No.10 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER�015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER•037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.

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

1. Identify and preserve the evidence.

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

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

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

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

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

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

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

9. Ascertain whether the complainant has spoken to anyone) especially

Page 30 of 65 ends

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date: HARASSMENT POLICY
5/112015
EXHIBIT 2

EXHIBIT C
Page No.11 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 {Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.

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

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

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

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

14. Advise all participants that the investigation is 11confidentiar' and not to engage in any retaliatory conduct, as such conduct is subject to disciplinary action up to and including discharge. Confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.

15. Conduct follow-up interviews, if warranted.

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

VI. RESPONDING TO THE COMPLAINT
A Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall

Page 31 of 65 ends

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date: HARASSMENT POLICY
5/1/2015
EXHIBIT 2

EXHIBIT C
Page No.12 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER�037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken! if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.

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

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

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

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

2. Unfounded: The investigation proved that the act(s) or omission(s)

Page 32 of 65 ends

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION ANO Effective Date: HARASSMENT POLICY
5/1/2015
EXHIBIT 2

EXHIBIT C
Page No.13 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 {Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 {Sexual Harassment Investigative Procedures) revised from 2/15/93 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s} alleged.

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

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

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

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

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

Page 33 of 65 ends

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15
DISCRIMINATION AND Effective Date: HARASSMENT POLICY
5/1/2015
EXHIBIT 2

EXHIBIT C
Page No.14 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER�015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER�037 (Sexual Harassment lnvestiga.tive Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.

IX. COMMUNICATION OF POLICY
This policy shall be p
rovided to all managers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by fawl shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.
::OOMA \GRPWISE\COS.PER.PER_Library:96180.1
APPROVED:

KURT 0. WILSON

CITY MANAGER

Page 34 of 65 ends

Attachment A

COMMUNITY WORKFORCE AND TRAINING

AGREEMENT
FOR THE CITY OF STOCl(TON

INJ'BQDUCTIQN/FINDINQS
The purpose of this Agreement is to p.romote efficiency of construction operations performed fol' and within the City of Stockton and to provide for peaceful settlement of labor disputes and grievances without strikes 01· lockouts, thereby promoting the public interest in assuring the timely and economical completion of the projects subject to this Agreement, and to support the efforts of the City to increase employment opportunities for workers who reside in Stockton, to help increase training and employment opporhmities for the Citys students in the construction trades through apprenticeship and pre-apprentice programs as the students graduate from the City's schools.

WHEREASt the City adopts a five-year Capital Improvement Plan that identifies the public projects necessru:y to maintain and improve the physical properties of the City, including buildings, parks, entertainment venues, golf courses, utility systems, the transportation system and other facilities; and
WHEREAS, the City undertakes and anticipates undertaking many of the projects identified in the current and proposed Capital Improvement Plan and othet City public works projects that involve significant construction costs in excess of threshold set forth in this Agreement; and
WHEREAS, the City Council has determined that the successful and cost-•effective completion of these Capital Improvement Plan projects and other major City public works projects is of the utmost importance to the City and its taxpayers and the residents it serves; and WHEREAS, the City has detennined that applying the same Agreement to the Capital Improvement Plan and other public works constmction projects that exceed the threshold set forth in this Agreement during the term of this Agreement will provide efficiencies for the City and its contractors; and
WHEREAS, large numbers of workers of vadot1s sldlls will be required in the perfmmanoe of the construction work, including those workers represented by Unions affiliated with the San Joaquin Building and Construction Trades Council ( 11the Council") and employed by
contractors and subcontmctot·s who a1·e signatory to agreements with said labor organizations; and WHEREAS, it is 1·ecognized that pmjects with multiple contractors and bargaining units 011 the job site at the srune time over an extended period of time, the potential fot· work dismption is substant
ial without a11 overriding commitment to maintain continuity of work; and .3238-0l?jj 1
EXHIBIT 2

EXHIBIT D

Page 35 of 65 ends

Attachment A
WHEREAS, the interests of the general public, the City and the Contt'aotor(s)/Employer(s) would be best set'Ved if the construction work proceected in an ordedy manner withotlt disruption due to labor disputes; ancl
WHEREAS, the Contraotor(s)/Employer(s) and the Unions desh·e to mutually establish and stabilize wages, hou1·s and working conditions fot· the wol'kers employed on the co11struction projects subject to this Agreement in orde1' to pl'omote a satisfactol'y� contimmu8 and harmonious relationship among the parties to this Agreement; and
WHEREAS, unemployment rates in Stockton have been consistently higher than in Califomia as a whole and statistics indicate that the higher unemployment level in Stockton con-elates to a higher 11mnber of families living in pove1'ty and to a higher crime rute; and WIDJREAS, due to the lnck of jobs, much of the wol'k force residing i11 Stockton is forced to commute long distances to find work, causing inct·eased traffic, increased pollution, and other serious environmental hnpacts; and
WHEREAS, because of the sho1'tage oflocaljobs, many residents of Stockton must leave fot wo:rk very ea11y in the moming and l'eturn late in the eveni11g, often leaving children and teenagers alone and unsupervised during the day; and
WHEREAS, absentee pa.t"ents and unsupet--vised youth can result in increased problems for families, co11111.1u11ities, and the City as a whole; and Wlll!}REAS, the contracts for the construction of the projects will be awatdecl in accol'dance with the applicable provisions of the California State Public Contract Code and state, local and federal laws and regulations; and
WI-IEREAS, the City has the nbsoli1te right to select the lowest responsive and responsible bidder fo
r the award of construction contracts on U1e projects; and WHEREAS, the parties signatory to this Agreement pledge their full good faith and tl'ust to work towards mutmilly satisfactory completion of the Capital Improvement Plan pt10Jects and other ma.Jot City public wo1·ks p1·ojects that will be subject to this Agreement; and NOW, THEREFORE, IT IS AGREED l3ETWI�EN AND AMONG THE PARTIES HERETO, AS l?OLLOWS:

ARTICLEl

DEFJL'JITIONS

1. J. 11 Agreement" menus this Co1111nu11ity Workforce and T1'aining Agreement.

1.2 11City11 means the City of Stockton and its public employeest including managedal personnel.
l2l&-Ot7.U 2
EXHIBIT 2

EXHIBIT D

Page 36 of 65 ends

Attachment A

1.3 11Contrncto1·{s)/Employer(s)" or "Cont.racro1'11 means any indiviclual, firm, partnership or corpol'ation, or combination the1'eof, including joint ventures, that is an independent business enterprise and has entered into a contract with 1he City or Project Manager 01· any of its oontractol's oisubcontractot·s of any tierJ with respect to the co11struction of any part of the Project under contl'act terms and conditioDB appl'Oved by the City and which inco1porato this Agreement.

1.4 "Construction Cont1·act" means a contract awarded by the City for public work within the meaning of Chapter 1 (commencing with Section 1720) of Pa1't 7 of Division 2 of'the Calitbrnia Labor Code.

1.5 "P1·oiect11 means any construction project of the City whose value as determined by the higher of the engineer's estimate of the total cost of the projoot or the actual cumulative bid amounts submitted by the conttactor 01· contractors awal'ded the Construction Contracts for the Ptoject, exceeds one million dollars ($1,000t000), By mutual consent of the City and the Council, •this threshold amount may be reduoed to an ai.nount not below two hundl'ed and fifty thousand dollars ($250,000) after 011e year from the effective date of this Agreement.

1.6 "Union11 or "Unions II means the San J oaqu1n Building and Const1'uction T1·ndes Counoil, AFL-CIO ('1the Council") and any other labo1· organization, including those affiliated witlt tho Cou11cil, signatory to this Agreement. acting in their ow.n behalf and on behalf of theit· respective affiliates and membel' organization whose names are subscribed hereto and. who have through their offioet's executed this Agreement (
♦1Local Unions'').
1,7 HStockton Residettt0 mea11s a resident of the City of Stoolcto11 as defmed by Stockton Municipal Code Section 3.68.095(1)(3).

1.8 �'Local Area Resident" numns any Stockton Resident or any indiviclual domiciled within the boundaries of San J oaqu.in County according to the criteria set forth in Stockton Municipal Code Section 3.68.095(1)(3) for Stockto11 Residents.

1.9 '
1 P1·ojeot Manager11 me�ms the business entity 01· City employee designated by the City to oversee all phases of oonstmction on the Pwj ect.

1.10 nMaster Agreeinent11 or "Schedule N' menns the Maste1· Collective Ba1'gaining Agreement of each c1'aft union signatory hereto, which shall be on file with the City.

1.11 "Completion" means that point at which the City accepts n project at issue by filing a Notice of Completion, or as otheiwise provided by applicable state law. 4 'Punch List►
'
items and atlY othor wol'k within the scope of this Agt'eetnent not completed pdor to commencement of l'evenue service shall nonetheless be included within the scope of this Agreement. It is undel'stood by the parties that portions of the Pmject may bo completed it1 phases and Completion of any such phase may occur p1fot to Completio11 of the Project. 32J8-0l7jj 3
EXHIBIT 2

EXHIBIT D

Page 37 of 65 ends

EXHIBIT 2

EXHIBIT D
Attachment A

ARUCLE U

SCOPE OF AGREEMENT

2.1 fartie.§: The Agl'eeutent shall apply and is limited t(> the City and all Contl'actor(s)/Employe1·(s) pe1forming construction contracts on the Pl'OjectJ including surveying and on-site testing and inspection wllet·e such w01·k is traditionally coveted by a Master Agreement with a Union, nnd the Council and any other labor Ol'ga11izatlon signatory to this Agreel'nent, acting in their own behalf and on behalf of thefr respective affiliates and member orgunizations whose names are subscribed hereto and who have thl'ough the.fr officers executed this Agi·eement.

2.2 Ptojcct Description: The Agreeme11t shall govern the award of all Conatmction Contracts lde11tHied by the City as pat·t of the Project. The City hus the absolute right to combine� change, consolidate, suspend or cancel Constm.otion Contract(s) 01· portions of Construction Contmct(s) identified as part of the Pl'oject. Should the City suspend or remove any individual conb·act from the Project and therea.ftet· authorize that construotion work be commenced on such contl'act, then such contract shall be pe1formed 1.mder the tenns of this Agreement. Ottce a Constt·ttction Contract is completed it is no longer cove!'ed by this Agreement ·except wl1en a Co11traotor is directed to engage in repairs, warranty work or 01odifioatio11s 1'equh-ed by its Co11stmction Contract with the City+ For the pilrposes of this Agreement, a Construction Conttaot shall be considered Completed as set forth in Section 1.11 of this Ag1:eement.

2.3 Coyered, Work: This Agreement covers, without lhnitntion, all site preparation, su1·veying, on�site construction, alteration, demolition, installation, impl'Ovement� painting or repafr of bttilclings; stmcttues, modular furniture installations,. and other worka at1d relatecl activities for the Pl'Oject that is within the craft jurisdiction of one of the Unions and that is part of the Project, including, without limitation to the following examples. geotechnical and exploratory dl'illing, temporary HV AC, landscaping and temporary fencing, pipelines (including those in linear corddoxs built to serve the Project)� p1unpaj pump stations> ondsite soils a11d material illspeotion and testing, and demolition of any existing structures required to be performed to complete the Project. This Agreement shall apply to any sta1t"u1,, calibration, commissioning, performance tosth1g repair, and opetationat revisions to systems and/01· subsystems for the Ptoject performed after completion, unless it is performed by City etnployees, O1Mdte work includes wol'k done foi-th,e Project in tempo1·a1·y yards or areas adjacent to the Project, and at any on�site or off .. site batch plant constructed solely to supply materials to the Project. This Agreement covers nll onsite fabdcation work ove1· which the City or any Co11it'actol'(s)/E1nploye1•(s) possess the right of control (including work done fo1· the Project in anyte111po1·ni·y yard or area establishe(l f
o
r the Project.) This Agreement also covers all off-site wot'lc, inchldiug fabl'ication traditionally pel'formed by the Unions. thut ia part of the Project, provided such otf ... site work is cov"red by a ourl'ent 11Master Ag1'eement0 or local addenda to a Natio11al Agreement of'the applicable Union(s) that is in effect as of the execution date of this Ag1·ee1nen.t. The ftm1ishing of supplies� equipinent or tnatetials which al'e stockpiled fot· latet 1ise shall not be considered Covered Work; however, the delive1·y ofready--mix, asphalt, aggregate, sand or other ftll matetfal which are dfrectly incorporated into the constniotion process as well as the off�hauling of debris and excess fill, muterial and/or mud shall be covered by the te!'ms au.d conditions of this Agl'eement. Cont1·actor(s)/Employer(s), inoluding bl'okel's, of persons providh1g co11stlt1otio11 t1·ucking work shall pl'Ovido cet'tified payroll recOl'ds to the City within ten (10) days of a written 1·equest or as l'equh-ccl by bid specifications, 3238..017jj 4

Page 38 of 65 ends

2.4 ;[!xolusigns from Cove1·ed Wot'k
Attachment A

2.4.1 The Agreement shall be limited to conatruction work on the Pl'oject and is not inte11ded to, and shall not affect or govem the award of public wot1(S contracts by the City wl1ich are not n part of the Project.

2.4.2 The Agt·eeme11t shall not apply to a Contl'actol" s/Employer'a nonH oonst1'uotio11 craft employees, including but not limited to executives� managerial etnployees, enginee1ing employees a11d supervisors above tile level of Genel'al Foreman ( except those cove1'ed by existing Master Agreements), staff engineers or other professional engineers, administrative a11d management persoimel.

2.4.3 This Agl'eement shall not apply to work by employees of the City.

2.4.4 This Agreement shall not apply to any woiik performed 011 01· near 01· leadi11g to the site of wol'k covered by this Agreement that is undel'taken by state, county) City or other govermnental bodies or their conunctors; or by public oi-private utilities O.l' their contractors that is not part of the Project.
2,4.5 This Agreeinent shall not apply to the Project whet·e the A1:,irree1nent is pmhibited by state or federal law or where the ex.press conditions for the receipt of nonwde minhnis state or federal funding prohibit the City froin applying this Agreement to the Pl'Oject. 2,5 Pro-iect Labor Disputes! All P1·oject labor disputea involving the 0:pplication or inte1p1·etatio11ofthe Maste1· Agreement to which a signato1-y Contractor(s)/Employet(s) and a signato1·y Union are parties shall be t·esolved pursuant to the resolutioi1 procedures of the Master Ag1:eeme11t. All disputes relating to the interpretntion or application of this Agreement shall be siibj ect to resolution by the Grievance Committee and the Grievimce ttnd Arbitration Procedure set forth 111 Article XII.

2.6 Work cove1·ed by this Agreement within tho following craft jurisdictions shall he pei♦formed under the te1'1na of their National Agreements as follows: the National Tratrnient Lodge ("NTL") Articles of Agreement, the National Stack/Chunney Agreement} the National Cooling Tower Agi·eement, and the National Agreement of Elevatm· Constmctors, and any instrument calibration work and loop checking shall be pe1fonned under the terms o-f the UA/IBEW Joint National Agreement for Instrument and Control Technicians> with the exception tlmt A.rticles IV, XII, XIII of this- Agreement shall apply to such wo1-k. 2, 7 Ay,n1·d of Contl'acts, It is understood and agreed that the City has the absolute right to select any qualified bidder for the award of contracts 1.111der this Agt·eeme11t, The bidcle1· need EXHIBIT 2

EXHIBIT D
only he willh1g, ready and able to execute and comply with this Agreement, It is furthet· agreed that thls Agreement shall be included ht all invitations to hid 01· solicitations for proposals from contractors or subcouti·actors for work on the Project that are issued on and nftet· the effective date of this Agreement.
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EXHIBIT 2

EXHIBIT D
Attachment A
ARTICLE Ill
EEFECT QF AGREEMEln:
3 .1 By executing the Agl'eement, the Unions and the City ag1:ee to be bmuid by eaoh and all of the provisions of the Agreement.

3.2 This Agl'eement shall be included as a condition of the award ofCo:nstnmtion Contracts fot the Project. By accepting the award of a Constmction Contract for the Proj eot► whether as 0011tractor or subcontractor, the Contractol'(s)/Employel'(s) agrees to be bound by each and every provision of the Agreement ancl agrees that i1 will evidence its acceptance prior to the oonunenoement of work by executing the Ag1·eement to be Bound in the form attached hereto ns Addendum A.
3 ,3 At the time that any Cont1·aotor(s)/Employer(a) enters into a subcontract with any subcontractor providing for the performance of a Construction Contt'act, the Contl'UCtol'(s)/Employer(s) shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor as· a part· of accepting an award of a construction· subcontract to agree in wl'itfng) to be bom1d by eaoh and every provision of this Agreement pri01 to the commencement of work by executing the Agreement to be Bound in the form attached hereto as Addenclum A. 3 .4 This Agreement shall only he binding on the sigMtory parties hereto, their successors and assigns, and shall ·not apply to the parents, affiliates> subsidiaries, or other ventures of any such party. Each Contl'actor shall alone be liable and responsible for its own individual acts alld conduct and for any breach or alleged breach of this Agreement.

Any dispute between the Union(s) and the Contt·actor( s). respecting compl.iance with the terms of the Agreemont. sl1all not affect the l'ig11ts, liabilities, obligations and duties between the signatory Union(s) and other Co11tractor(s)/Employer(s) party to this Agreement. 3,5 It is mutually agreed by the pal'ties that tiny liability by a slgnatot·y Union to this Agreement shnll be several and not joint. Any alleged. breach of this Agreement by a signatory Union shnll not affect the rights, liabilities, obligations and duties between the signatoi-y Contractor(s) and the othe1· Union($) party to this Agt'eement.

3.6 TI1e pl'ovisio11s of this Agreement� including the Master Agreements of the Local Unions having jurisdiction ovel' the work on the Pmject, incorpomtecl hel'ein by referenoe1 shall apply to the work cove1'ed by this Agi.-eement, notwithstanding the provisions of any other local, ru·ea and/or national agreements which may conflict with or diffei• fl'om the terms of this Agreeme11t, Where a Stlbject covered by the provisions of this Agreement is also covered by a Master Agreement, the provisions of this Agreement sha.11 prevail. Where a subject is oove1:ed by the provisions of a Schedule A and is not covered by this Agt'eement$ the pl'ovisio11s of the Master Agreement shall p1·evail.

AJ,lTICLE IY
,WORK STOl1fAGE6, STRIKES, SYMPA'.IlIY.
:Silll�S AND U)CKOUTS

4.1 The Unions> City and Conttaotor(s)/Employe1·(s) agt·ee that for the du1'ation of the Ptoject:
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Attachment A
(1) There shall be no strikes, sympathy strikes, wot1c stoppages, picketing, hand billing 01· othe1wise advising the public that a labor dispute exists, 01· slowdowns of any kind, for any 1·easo11, by the Unions or employees employed on the Projectt at the job site of the P1'oject or at any other facility of the City because of a dispute on the Project. No1· shall the Unions or any employees employed on the Project participate in any strikes, sympathy strikes� wotk stoppages, picketing, hand billing, slowdowns, or othetwise advising the public that a labor dispute exists at the jobsite of the Project because of a disp1.1te between Unions and Con.tractol'(s)/Bmployer(s) on any othe1· p1·oject. It shall not be considered n violation of this A11iole if labo1· is withheld by a Union due to lack of payments to a T11.1st Fund or failure to make payroll on the Pl'Oject. Nothing stated in this Agt·eement shall prevent Unions from participating in the actions mentioned in this section on jobsites other than the Project jobsite because of' disputes between the Unions and Contra.cto1·(s)/Employer(s) on projects othei-tha11 the P!'oject. (2) As to employees employed on the Pmject, there shall be no lockout of any kind by a Contactor(s)/Employer(s) covered by the Agreement. (3) If a Master Agl'eement between a Contractor(a)/Employe1·(s) and the Union expires befot·e the Contractoi-(s)/Employer(s) completes the performance of a Constmction Contract for work covered undet· this Agreement and the Union or Contmctor(s)/Bmployer(s) gives notice of demands foe a new or modified Master Agreement> the Union agrees that it will not strike the Contractor(s)/Employer(s) on said contract forwo1'k covered under this Agl'eement and the Unio11 and the Conti'actor(s)/Employer(s) agree that the exph'ed Maste1· Agt'een1ent shall continue in full force and effect for wol'lc covered under this Agreement until a new or modified Master Agreement is reached between the Union and Contt'actor(s)/Bmploye1·(s). If the new or modified Mastei· Agreement reached between the Unio-n and Contractor(s)/Employer(s) _provides that any terms of the Master Agreement sha.11 be retroactive, the Contractor(s)/Employer(s) agl'ees to comply with any retroactiv� te1ms of the new 01· modified Master Agreement which is applicable to employees employed on the Project within seven (7) days after the effective date of the new or modified Master Agreement.

4.1.1, Notification; If the City contends that any Union has violated this Atticle, it will notify in wdting (including email) the Senior Executive of the Cm.moil and the Senior Executive of the Union, setting forth the facts alleged to violate the Al'ticle, prior to instituting the expedited arbitration pmcedure set fOl'th below. The Senio1· Executive of Cmmoil will innnedintely use his/her best efforts to cnuse the cessatio11 of any violation of this Article. The Se11ior Executive of the Union wm immediately infotm the membership of theh' obligations under this Atticle. A Union complying with this obligation shall 11ot be held responsible fot· unauthorized acts of em.ployees it represents.

4.2 Expedited Arbitration: A11y party to this Agreement shall institl.lte the following procedure, pl'lor to initiating any other action at 'law 01· equity, when a breach of this Article is alteged to have occuned:
(1) A party invoicing this procedure shall notify Robert Hirsch, as the pe1ma11ent arbitl'atm·, or, William Riker, as the altemate 1uider this proceduw. ln the eve11t that the pe1'mane11t arhitrat01· is unavailable at any time� the alternate will be contacted. If neither is available, then a selection shall bo macle from the Hst of mbitrators in Article XII. Not.ice to the al'bitrator shall be 3238-017] 7
EXHIBIT 2

EXHIBIT D

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EXHIBIT 2

EXHIBIT D
Attachment A
by the most expeditious means available, with notices by facsimile, electronfo mail or telephone to the party alleged to be in violation, to the City, to the Counoil and to the involved Local Union if a Union is alleged to be in vioiatio11,
(2) Upon receipt of said notice, the City will contact the designated arbitrator named above or his alternate who will attempt to convene a heating within twenty .. .four (24) hours if it is contended that tl1e violation still exists. (3) The a1:bittator shall 11otify the parties by facsimile or telephone of the place and time for tl1e hearing. Said hear.i.ng shall be completed in one session, which, with appropdate recesses at the at'hitl'ator's disct'etion, shal111ot exceed twenty�fbttr (24) hours unless othel'wise agreed upon by all parties. A failure of a11y pat'ty to attend said hearings shall not delay the hearing of evidence or the issuance of any award by the arbitl'ator, (4) The sole issue at the hearing shall be whethel' 01· not a violatio11 of Article N, Section 4.1 of the Agreement has occurred. The arbitrator shall have no aiithodty to consider any matt�r o.f Ji1stlfication, e�planation 01· ntltigaJlon of s.uoh vio•Iatiotfot to �Wal'd aamagea.,. which issue is resel'vod for 001.111: pl'ooeedings, if any. The award shall be issued in writing within tht·ee (3) houts after the close of the hearing� and may be issued without a written opinion, If any party desit'es a written opinion, one shall be issued within fifteon (15) dayst but its issuance shall not delay compliance with or onforoetnent of the awru:d. The arbitrntor may order cessation of the violation o:f this Article und other appropliate relief and such award shall be setved on all pmties by hand or registe1·ed mail ·upon issuance.
(5) Such award may be enforced by any Court of cotnpetentjul'isdiction upon the filing of this Agreement and a11 other 1·elevant documents refet·red to above in the following manner. Written notice of the filiug of such enforcement proceedings shall be given to 'the other party. In the proce�ding to obtain a temporai.·y ordel' enforcing the arbitrator's award as issued undel' Section 4.2 of this Article, all parties waive the t'ight to a hearing and agree that s11ch pmceedings may he ex-ptu•te. Suoh agreement does not waive any patty's right to participate in n hearing for a fuml order or enforcement. The Coiu·tt
s otder or ordel'S enforcing the arbitt'ator's
award shall be se1·vecl 011 all parties by hattd or delive1·ed by ce.-tified mail. (6) Any rights created by statute or law govomi11.g arbitl'ation proceedi.11gs inconsistent with the above pt·ooeclure> or which i11tel'fere with compliance, are waivecl by the parties.
(7) The fees and expenses of the arbitrato1· shall be divided eq1.ially between the party instituting the at·l>itmtion pmceedings provided in this Article tmd the party alleged to be in breach of its obligation tmder this Article,
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Attachment A

ABIICLEV
PRE .. CQNSTRJJCIIQN CQNFEUENCJll

5.1 The Project Manager shall convene a pre .. construction confete11ce to be held at least tb1.1rteen ( 14) days pl'ior to the commellcement of each consb:uction phase� at a time and looatio11 mut1.1idly agreeable to the Council. Suoh oonfe1·ence shull be attended by a 1·epresentative each from the pm·ticipating Contractor(s)/Bmployel'(s) and Union(s) and the Pt'ojeot Manager.

5.2 lleyiew Mee!ings,: lil o!'der to ensute the te1ms of this Agreement are being fulfilled and all concerns pertaining to the City, the Unions, and the Contmctors are addressed, the Project Manager, General Contractor nnd Senior Executive of the Council 01· designated representatives thereof shall meet on a pel'iodic basis during the tet'm of consu:uction. The City and the Co1.1ncil shall have the l'ight to call a meeting of the appl'Opl'iate pal'ties to ensure the te1·ms of this Agreement at'e being fulfilled,
. ARTJCIJ¼-.Y.I
)!\Q nts·cruwr;ATION

6.1 The Co11tractor(s)/Employer(s) and Unions agree to comply with all antidiscriinination provisions of federtll, state and local law t to protect employees and applicants for employment, on the Project.

ARTICLEYII
DNIQN .Sl!CJJBU'X

7.1 The Conu:acto1·(s)/Employe1·(s) 1·ecognize the Union(s) as the sole bargaining representative of all oraft employeos wodd11g within the scope of this Agreement,

7.2 All employees perfotming work covered by this Agi:eement shall, as a co11dition of employment on or before the eighth (8th) cumt1lative day of employment on the Project, be responsible for the payment of the applicable periodic wol'king dues and fees uniformly required for union membel'ship in the Local Union that is a signatory to this Agl'eement for the dlll'ation of his oi-her en1ployme11t on the I11'oj ect, Nothing in this Agreement is intended to pl'event a11y non .. u11ion employees from joining the Local Union,

7.3 Authorizedt'epresentatives of the Unions shall have access to the Ptoject whenever work covered by this Agreeme11t is being, hus been, or will be performed cm the Project,
AR'rICLE YIII
JW,mmRAI,

8.1 Co11trnctor(s)/Employer(s) performing constmotion woi-k on the Project described in the Agreement shall� hi filling craft job requirements, utilize and be bound by the tegi&'tt·ntion facilities and refe1-ral systems established 01· authol'ized by the Local Unions ("Job Referral System�'), Such Joh Referml System shall be opemted in a non�cliscrhninatoty munnel' at1d in full con111lhu1ce with all federal, state, and local laws and 1·egulations� :including those which tequi.L'e 323&-0I'/jj 9
EXHIBIT 2

EXHIBIT D

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EXHIBIT 2

EXHIBIT D
Attachment A
equal employment opportunities and non-cliscrhnination. The Contract<>r(s)/Employer(s) shall have the dght to reject any applicant re·forred by 'the Uni.on(s), in ncco1•dnnce with the applicable Mastel' Agt·eeinent.

8.2 The Coniractor(s)/Employer(s) shall have the unqualified dght to select and hit·e directly all supervisors above general tbtema11 it considers necessary and desirable, without such persons being refol'recl by the Union(s).
8,3 In the event thatl'eferral facilities maintained by the Union(s) are tmable to rm the t'equisition of a Contractor(s)/Employer(s) for employees within a forty .. eight (48) hour period (SatU1'days, Sundays and Holidays excluded) after such 1'equisition is made by the Co11tractor(s)/Employe1·{s); the Contractor(s)/Employer(s) shall be free to obtain work pe1·sohs from any source, A Contt'actor who hires any per,9onnel to perfo1•m covered work on the Pl'oject pursuant to this Seotlon shail immediately pt'ovide the approp1fote Union with the name and address of such employee(s) and shall imtnediately l'efer such employee( s) to the approi:ufate Union to satisfy the requirement.� of Atticlc VII of this Agreement.

8.4 Unions will exe1't their utmost efforts to rec1'uit sufficient numbers of skilled craft petsons to fulfill the requirements of the Co11tractor(a)/Bm1,loyel'(s), Recognizing tl1e special 11eeds of the Project and the acute shortage of sldlled craftspeople, the Unions shall considet· a Contractor's request to transfer key entployees to work on this Project .in a m�lnner consistent with the Union's referral procedw·es.

8.5 The parties to this Agreement supp01t the ctevelopment of increased numhet·s of skilled construotion wod<:ets from the City of Stockton and Sau Joaquin County. To the extent allowed by law, and consistent with the Local Union's hiring hall provisions, and as long as they possess the 1·equisite skills and qualifications, Local Area Reside11ts; includingjourneymen and apprentices, shall be referred for Project wodc covered by this Agreeme11t.

ARTICLElX

WAGES AND BENEFITS

9.1 All Co11tractors/Entploye1·s agree to paycontl'ibutions to the established vacation, pe11sio11 and othet form of defe1'1'ed compensation plan, apprenticeship, and heulth benefit funds established by the applicable Master Agreement for each hour wo1'ked on the-Project 111 the amounts designated in the Master Agreements of the appt'opriate Locnl Unio11s. 9,2 By signing this Ag,:ee.ment. the Contrnctol'(s)/Empfoyer(s) adopts and agrees to be bound by the written terms of the legally established Tl'tlst Agreements, as descdbed in section 9,1, specifying the detailed basis on which payments are to be rnade into, and benefits paid out of� such T1'tlst Fimds established by such app1'0priate local agl'eem.e11ts. The Contractor(s)/Employer(s) authorizes the pat·ties to such local trust agl'eements to appoint truste(',S ru1d suocessol' tmstees to udministet the tmst funds and hr:,reby ratify and accept the trustees so appointed as if made by the Contractor(s)/Employer(s).

9.3 :W:ages, Hours. Tel'ms and Conditions of.Employment: The wages, hours and other tel'ms and conditions of employment on the Project shall be govemecl by the Ma.ste1· Agreement of the respective crafts, copies of which shall be on filo with tho City to the extent such Master 3238-017.ii 10

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Attachment A
Agreement is not inconsistent with this Agree111e11t. AU employees covered by this Agl'eement shall be classified and paid in accordance with the cla.�sitication nudwage scales contained in the approp11nte local ngl'eements which have been negotiated by the bistodcally recognized bargaining entity and in compliance with the applicable genel'ul prevailing wage determination made by the Di.recto1· of Industrial Relations pursuant to the Cnlifomia Labo1• Code,

9.4 During the period of construction 011 this Project, the Contracto1'(s)/EmpJoyer(s) agrees to recognize and put into effect such inoreases lu wages and 1·ecognized fringe benefits as shall bo negotiated betwee11 the variot1s Unions and the historically recognized local hal'gaining entity on the effective date as set forth in the applicable agreement. The Unions. shall notify the Contraotor{s)/.Employet(s) in wdtillg of the specific increases in wages and recognized fringe benefits and the date on whioh they become effective.

9.5 Holida�s: Holidays shall be in compliance with the applicable Schedule A agreement.

A"BIICt,!1'

E,MPLQYEE GRIEVANCE PRQCEDJJRE

10.1 All disputes involving discipline m1d/or discharge of employees working on the Project shall be resolved tl1r01igh the gl'ievanoe and. al'bitration provision contai11ed 111 the Master Agreement for the oraft of the affected employee. No employee wol'king on the Pi-ojoot shall be disciplined or diatnissed without just cause.

ARTICLE XI
,COM£LIANCE

11.1 It shall be the tespousibility of tho Contract01·(s)/Employer(s) and Unions to investigate and monitor compliance with the provisions of the Agreement contained in Article IX, Nothing in this agreement shall be construed to inte1-fer0 with or supersede the usual and customary legal remedies available to the Unions and/or employee benefit Trust Funds to collect delh1quent Ttust Fund contributions fmm Employers on the Project. The City shall monitoi- and enforce compliance with the pl'evailing wage req1.1il'ements of the state and Contractors'/Employers' compliance with this Agreement.
. ARTICLEXU
GRIEVANCE ARBITRA1JON PROCEDURE

12.1 The parties unde1·stand and agree that in the event any dis1,ute arises out of the mea11i11g, mtel·pretation or app1ication of the provisions of this Agreement, the same shall be settled by means of the procechlres set out herein. No grievance shall be l'ecognized unless tho grieving pal'ty (Local Union or City on its own behalfJ or on behalf of an employee whom it represents, or a 0011t1·aoto1· on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five (5) days after becoming aware of the dispute but in no event mol'e than thirty (30) days after it reasonably should have become aware of the event giving l'ise to the dispute. The time limits i11 thls Section 12.1 maybe extended bymutual wl'itten agreement of the parties.
3238-017.Ii 11
EXHIBIT 2

EXHIBIT D

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12.2 Gl'ievances shall be settled according to the following procedures:

Attachment A
,Step 1: Within five (S) busilless days after the receipt of the written notice of the gdevance, the Business Representative of the involved Local Unio11 01' City, or his/her des.ignee, or the representative of the employee, and tb.e representative of the involved Contraotor(s)/Employer(s) shall confer and attempt to resolve the gtievance.

Step 2: ht the event that the representatives are unable to resolve the dispute within the five (5) business days after the meeting to resolve the dispute h1 Step 1, the International Unio11 Rep1·esentative and the Contracto1·(s)/Etnployer(s) involved shall meet within seven (7) working days of the referral of the dispute to this second step to at.dve at a sntisfactory settlement thel'eof. Me�ting minutes shall be kept by the ContTactor, In the event that these representative.q are unable to resolve the dispute aftet· its referl'al to St�p 2� eithel' involved pal'ty may submit it within three (3) business days to the Grievunce Conunittee, which shall meet within five (5) business days after suoh rt>ferral (o�·_$UOb loiig�l'tim_t} as fa· ru.i.tturulyngi•eed.upon:h.y all teptesentatives .on. the Grievance Committee), to oonfet in an attempt to resolve the grievance. The Gl'ievance Committee shall be compdse(l of two (2) representatives of the City; and one ( 1) 1·eprese11tative of the Project Manager, and three (3) representatives of the San Joaquin Builcl:ing & Construction Tl'a.des Council, If the dispute is not resolved within such time (five (5) business days after its refet'ral or such longer time as mutunlly agreed upon) it may be referred within five {5) business days by either party to Step 3.

Step 3: If the grievance is not settled in Step 2 witbinfi.ve (5) business daysJ either party may request the dispute be submitted to at'bit!'ation 01· the time may he ex.tended by mutual consent of both patties. Within five (S) business days after 1·efe1·1·al of a dispute to Step 3) tho 1'er,resentatives shall choose a mutually agreed 1.t_pon atbitrator for final and bin.di11g al'bitration. If tho parties are unable to agtee on a:11 ai♦
bittat01·, att 1ubiu·ator shall be selected by the altemate stdking method fl'oin the list of five (5) below. The order ofstdking names from the list of arbitrators shall be dete11nined by a ooi11 toss, the winne1· of which shall decide whether they wish to strike first or second. lf a11y of the arbitrato1·s listed below or in Article 4 is no longer wot1cing as a labor al'bitt.·ator at tho time of selectionj the City and the Council shall mutually agree to a replacement. In addition, the City and the Council ina.y mutu.ally agree to add additional arbitrators to those listed below,

1. William Rlkel'

2. Bal'ry Winogard
3, Thomas Angelo

4. Robert Hit'soh

5. William Engler
EXHIBIT 2

EXHIBIT D
12,3 The Al'bitrator shall arxa11ge for a. hearing 011 the earliest available date from the date of his/her selection. A decision shall be given to the parties within five (5) calendar clays aftex completion of the hearing unleS$ such time is extended by mutual agreement. A written opinion may be requested by a pal'ty from the pl'esiding arbitrator. The decision of the Arbitrator shall be 3238-01�/li 12

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EXHIBIT 2

EXHIBIT D
Attachment A
final att(l binding on all pa1'ties. The Arbitrator shall have no authority to changet amend, add to or detl'a.ot from any of the provisions of' the Agreement. The expense of the Arbitrator shall be home equally by both parties.

12.4 The time limits specified in any step of the Grievanoe Pl'ocedure set fotth in Section

12.2 may be extended by mutual agreement of the parties initiated by the writt(;)n req\.1est of 011e party to the othert at the appropdate step of the Grievance P1:ocedure. However, failure to p1·ooess a grlevunce, or failure to respond i11 writlng within the time limits provided above, without an agreed upon extension oftime, shall be deemed a waivel' of such gdevance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or disputes, fu. order to encourage the resolution of disputes and gl'ievances at Steps 1 and 2 of this Gl'ievance Pl'Oced1u·o, the parties agl'ee that such settlements shall not be precedent setting.

ARTICLE XIII
Jil:ORK ASSIGNMENTS AND JURISDICTIONAL DISrJJTES

13.1. The assign111e11tofCove1'ed W�r�c�ill be .. solelythe·responsjbilityof-�4.e Empl9yer performing tho work involved; and such work assignments will be in accordance with the Plan fo1· the Settlement of the forisdictional Disputes in the Constmotlon fndustry (the 11Plan11 ) or any
successor Plan.
13 .2 All judsdictional disputes on this Project between or among the btdlding and constniction trades Uuions and the Employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction. Trades Departme11t or any otl1er plan 01· method of procedure that may be adopted in the fotu1·e by the Building and Constmction Tt'ades Department. Decisions rendet'ed shall be final, binding and C?nclttsive on the Employers and Unions pa.t:Ues to this Agt'eement. 13,3 If a dispute arising under this A1ticle involves the No.1.'thern California Carpenters Regional Council or any of its subordinate bodies, an Arbitratol' shall be chosen by the ptocedi1res specified in Article V, Section S, oft11e Plan fmin a list composed of John Kagel, Tholllas Angelo, Robert Hh:sch1 and Thomas Pagan, and the Arbittato1'1
s hearing on the dlf:,1)1.tte shall be held at the
offices of the California State Building and Construction Trades Cout1cil in Sacramento, California within fourteen (14) days of the selection of the Al'bit:mtor, All other pt'Ocedures shall be as specified in tbe Plan.
13 .4 All jurisdictional disputes shall be 1·esolved without t11e ooottrrence of any stdke, wodc stoppage, or slow-down of ai1y nature ancl the Etn.Ployer1 s assignment shall be adhered 1o
until the dispiite is resolved. Individual employees violating this section shall he subject to immediate discltal'ge. Each Employe1· will conduct a pl'e..joh conference with the C0tmcil pdo1' to co11unonci1lg work. The Project Mai1aget· a11d City will be advised in advance of all suoh conferences and may pm'ticipate if they wish. P1·e..job 0011ferences for diffel'ent Employe1·s may be held together.
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EXHIBIT 2

EXHIBIT D
Attachment A
ARTICI:1E XIY MANAGEMINI
JUQHTS

14.1 The Contractot(s)/Employer(s) shall retain full and, ex.elusive nuthodty fo1• the management of their operations, h1cltiding tho l'ight to direct theil' wo11cforce in theil' sole disoretion. Ex.capt na provided by Section 2.3 and by the lawful manning provisions in the applicable Master Agreement, no rules� customa or pi'actices shall be permitted oi- observed which litnit or ,:estrict production, 01· limit or restdct the working efforts of employees.

ARl1JCLEXV

HELMETS ID HARDHAT&
15, l The Contracto1·(s)/Employer(s) and the Unions recognize a desfre to facilitate the entry into the building and construction trades of veterans and members of the National Guard and Reserves who aw interested in cat'eers in the building and constrnction industry. The Contracto1'(s)/Employe1·(s) und Unions agi·ee to utilize the services of the Cente1· fot· Militat·y Recruitnient; Assess1nent-and Vetenns-:i:impJoyiuent (l1ereinnfter -''Center)i aj oint Laboi♦-· Manag�ment Cooperation Tl'ust Fund, established wider the authol'ity of Section 6(b) of the Labor"Management Cooperation Act of 1978, 29 U.S.C. Section l 75(a )
, and Section 302(c
)(9
) of
the Laboi-.. Manageme11t Relations Act, 29 U.S.C. Section 186(c )(9
)
) and a charitable tax exempt
organization under Section 501(0
)(3
) of the Internal Revenue Code, and the Cente1·'s "Helmets to Hardhats11 ptogra111 to se1ve as a resoul'oe fol' _
pl'eliminary orientation► assessment of construction
aptitude, refotral to apprenticeship pl'ograms or hiring halls, counseling and 1nentoring, support netwo1'lct employment opportunities and other needs as identified by the parties, IS.2 TI1e Unfons and Conti-actol'(s
)/Employer(s
) agree to coordinate with the Center
to pat'ticipate in an integrated database of veterans and members of the National Guard and Resel'ves interested in woddng on the Project and of apprenticeship and employment opportunities for this Project. To the extent permitted by law, the UniotlS will give credit to such veterans for 'bona fidet provable past experience.

15.3 Nothiug in this A.11.icle sh.all be interpreted to preclude uny Contracto1·(s
)/E111ployer(s
) that is not signatory to a Master Agreement to utilize an alte1'1lative plan or pl'ogratn fol' l'ecmith1gi training and facilitating construotion industry employment opportunities for military veterans and membet's of the National Guard and Reserves, Befoi-e utilizing such altemative p1'ogrmn 011 the Pmject, silch Contrnctor(s )/Em.ployor(s
) shall provide
the City with a description of such plan or p1·ogram.
,ARTICLE Xl!l
DRUG & ALCOHOL TEsm:JQ

16.1 The use� sale, transfer, ptll'chttse nnd/o1· possession of n co11trolled substnncet alcohol and/or :fitearms at any time dul'lng the work day is pl'Obibitecl.

16.2 The Parties agree to recognize and use the Substance Abuse Program contained i11 each applicable Union's Schedule A.
3238-017jj 14

Page 48 of 65 ends

ARTICLEXYU

IERM SAVINGS CLAUSE
Attachment A
17 .1 The pro.ties agt'ee that in the event any al'tiole, provision, olause, sentence ox w01·d of the Agreement is determined to be illegal or void as being in contl'avention of'any applicable law, by a oout1 of aom.pete11tjurisdictiont the t·emainder of the Ag1·eeme11t shall remain in full foroe and efleot. The pal'ties further agree tliat if any article, provision, clause, sentence or word of the Agt.teement is cletertnined to be illegal or void, by a couit of competent judsdiction1 the parties shall substitute, by mutual agreementi in its place and stead, an article, provisionJ clauset sentence or word which will 111eet the objections to its validity and whicl1 will be in accordance with the intent and purpose of the al'ticle, provision, clause, sentence or work in question. 17 .2 The parties also agree that in the event that a decision of a cou1t of competent jurisdiction materially alters the terms of the Agt'eement stich that the intent of the parties is defeated, tllen the entire Agt·eeinent shall be null and void.

17.3 If a .coutt of coinpetentJurisdiotio.n determines that all 01• .. part: of the Agreement is invalid and/or eajoins tho City from complying with all or part of its provisions and the City accordingly determines that the Agreement will not be 1·equit'ed as part of an award to a Contractor(s)/Employer(s), the 1.mions will no longer be bound by the pl'ovisions of At·tiole lV.

ABTJCLE XVIII
LOCAL ffiltE. J!RIQBITX APPRENCTICE ANll WQRKFJ)RCE
PEYELQfMENIPRQQRAM

18.1 The objective of the City in creating this Local I-lire, Pl'iodty Apprentice and Workforce Development Pl'ognun is to enhance and encourage employment opportunities for Stooldon residents and. to enable effective oonstmotion onreer pathways for Local Atea Residents through Califo1nia State approved Joint Apprenticeship Ptograins. To that end, as part of the Agreementt the City establishes goals for the hil'ing, training and retention of Local Area Residents.

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

EXHIBIT 2

EXHIBIT D

18.2.1 The parties ag1·ee to make a good faith effo1t to xefei- on a priol'ity basis, consistent with the non�discl'imi11ntory t'efet•tnl procedures of tl1e 1:ipplicnble U11ion, quuH:fied and available> Local Area Residents for Project wotk. The parties ngree to a goal that Stockton residents shall pe1form a 111i.11imt1n1 of 50% of the houl's wo1ked on the Project by the Contmctol's' total oorurtn.i-0tion wmkforce. In the event thnt a sufficient mtmber of Stockton residents are not available to fulfill the 50% local hire 1·equirement, the next tier of 1·esktents shall come from anywhere in Sau Joaquin Cotmty. The Contmotor(s) shall make good faith efforts to t·eaoh this goal through the utilization of the Unions' hiring hall proced1.11'es. The Unions shall ex.eroise thebbest efforts in their recruiting a11d training of Stockton 1·esicle11t workers and in utilizing their hiring hall procedures to faoilitat(, this 50% goal.

18.2.2 The parties also recognize and support the Citi s commitment to provide opportunities fo1· pal'ticipation on the Project to Stockton businesses tlll'ough the Cityt s Local Busiuess Preference 01'dh1a11oe. l1l ftn1henmce of this coinmit1nent, the pal'ties ag1'ee that such 3238-017] 15

Page 49 of 65 ends

EXHIBIT 2

EXHIBIT D
Attachment A
Stockton cont1·acto1·s nnd suboonh•actors awarded work on the Project may request by na1ne, a.11d the Local Union will honor, t·eferral of pet·sons who have applied to the Local Union for Project wo11c, and who demonstrate the following qualifications:
performed;
(1) possess any license required by stnte or federal law for the Project work to be (2) have wm:ked a total of at least two thousand (2,000) hours in the constmotion craft during the prior two (2) yeats;
(3) were on the Contractor's active pny!'Oll for at least ninety (90) out of the one hundred and twenty (120) calendar days prio1' to the contract award; and
( 4) have the ability to perform safely the basic functions of the applicable trade; (S) are Stocktott 1·esidents.

The Uniou. will refe1· to such Contractor one journeyinun employee from the biring hall out .. of-work 11st for the affected trade or craft, and will then tefe1• one of such Contractor's "core', employees as a journeyman and shull repeat the process, one a11d one) until such Contractor's crew requirements are met 01· until such Contracto1· has hired five (5) �'cote" employees) whichevei-occw·s first. Thereafter, all additional employees in the affected trade or craft shall be hfrecl exclllsively ft·om the hiring hall out--of�work Iist(s). Fol' the duration of the Contractor's wod<i the ratio shall be maintained and when the Contmctor1 s workforce is reduced, em1lloyees shall be reduot}d in the sn111e l'atio of core employees to hirlng hall teferrals as was applied in the i11itial hiling.

18.2.3 The Contractoi· shall notify the appropl'iate Union of the 11ame a11d social security number of ea.ch direct hire and each direct hire sluill register with the Union's hiring hall and comply with Aiticle VII before comn1enoing Pmject w01k If there is any question i-egal'ding an employee's eligibility under Secti01118.2> the City, at a Union's request, shall obtain satisfactory proof of such from the Contrnotor.

18.3 Priority Appl'enticeship and Wotkforce Development 18 ,3 .1 Recognizing the 11eed to develop ndequate numbers of competent wol'ke1·s in the constructlon industryJ the Co11tractor(s)/Eniployel'(s) shall employ apprentices ofa Califomia State appl'oved Joint Ap_prentioesh�p Progl'am in the t·espective crafts to perfo11n such WOl'k as is within their oapabilities and which is customarily pedbrrned by the craft in which they are indeutnt'ed. The appt·entioe ratios will be in compliance with the applicable pl'Ovisio11s of the Califomia Labor Code and Ptevailing Wage Rate Determination.

18.3.2 The parties agree to a goal that 50% ofapp1'entioes employed 011 the Pl'ojeot shall be 1·esidents of the City of Stockton 01· othet· Local Area Residents. 111 achieving this goal, atrisk youth who reside in the following zip codes within the City of Stockton, shall be given priority in the appl'enticeship 1·ec1·w.tmentp1·ocess: 952021 95203> 95204, 95205> antl 95206. Ifsufficient numbers of Stock.ton residents are not available, the11 a good faith effort will be ma.de by the Unions to titiliz.e residents of Sail Joaquin County. All apprentioes refeuecl to ContrnctOl'S under this 3238-0!7Jj 16

Page 50 of 65 ends

Attachment A
A.greement shall be entolled in State of California approved Joint Apprenticeship Programs. Subject �o any legal restrictions� the parties agree to a go�l that apprentices will perfol'tn twenty pei-cent �20%) of the tottil craft hours worked 011 the Project unless an applicable Master Agt·eement provides foi- a greater pet'centage. The Unions agree to coopel'ate with the Contractors in fumishing :tpprentices as l'equested and they shall be propedy supervised and paid in accordance with the p1·ovisions of the applioable Maste1· Agreement.

18.3,3 The Contractors and Unions shall make good faith efforts to !'each the apprenticeship goals set forth in this Section 18 .3 through the utilizatio11 of nol'mal hiring hall and apprentice pl'Ocedures mid, when appropriate, the identification of potentially qualified appl'entioes through co.tnnit.mity•based oi-ganizations working in collaboration with the apprentice pl'ogi·runs.

The Unions are committed to working with the Contractors an.d oommunity based 01·ga11izati011s to ·aohfove these goals, At least annually, the Unions and the City will each 0011Cluot a Conununity Career Fair to provide at-risk yout� veterans and others an opportunity to leam about each craft and the process for entering thefr apprenticeship progtam, 18,4 Good.Faith Efforts. A Contractor 01· subconh·aotor must truce the following good faitl1 steps to deirionsfrate·iliat it lias n1aoe every eftbrt to reach thet,0cnl'Rfre,"1>dorlty -· - Apprenticeship and Workfoi-ce Development Progl'am goals of the City, The Contt'actor or subcontractor shall attend scheduled Pre�Job meetings held imde1· this Agreement and shall submit wl'itten Wol'kforce projections and projected work liours on a craft-by .. oraft basis. 18,4.1 Within seven (7) calendat· days afler Notice to Proceed, the Contmctor or subcontractor shall meet with the Unions and the City to pl'esent its plan for reaching the Local Hire, Priority App1·enticeship and Workforce Developme11t P1'ogram goals.

18.4.2 The Contl'actol' or subcontractor shall notify the Project Manager of the City by U.S. Mail 01· electronic mail if a U11ion hiring hall cannot, upon request by the Contractor or subco11traotor, dispatch Local Al·ea Residents to the Project. It sl1all be the responsibility of the Contractor or subconteacto1· to retain all evidence of such good faith efforts.

18.4.3 The Con.tractor or subco11tracto1· n,ay use the '� rune Call", ''Rehire" or othe1· available hitlng hall procedures to t'eaoh the goals of this Article XVIII,

18.5 Enforce1nent� Complhmce a11d Reporting

18.5.1 Contractors will be 1·equired to stibmit Certified Weeldy Pay1·olls to the City along with monthly workforce utilization L'eports dooumenting the Conh'actol"s compliance with the requh'ements desot'lbed h1 this Article._ At a minimm:n, the monthly reports must include: 1) data on Stockton and Local Area Reside11ts work hour utilization on tho Project and Local Area Residents; and 2) doou111entation showing any .t'equests made to the Union dispatchers for Stockton l'esidents and the Union;s response to the 1'equest.

18. 5 .2 The City staff shall .monitol' the opel'ution of the Local Hire> Priority App1·enticeship a11d Wo1'kfo1'ce Development Program and shall consider allegations of non ... ool'nplinnce with the goals stated in this Article. If thet·e is a determination by the City that a Contractor or siibco11t1'acto1· has not complied with the goals or demonstrated good faith effbt1s to 3238-017.ii 17
EXHIBIT 2

EXHIBIT D

Page 51 of 65 ends

Attachment A
do so, the City and the Contractor or subcontractor shall meet and confer in order to identify necessary actions to resolve the issue and ensure a good faith effort to achieve the objectives of this Article,

18.5,3 For any Project subject to this Agreement, the Local Hirot Priodty Apprentice and Workforce Development Program requirements of this Article shall apply in Heu of the requirements of Stockton Municipal Code Section 3,68.095 and no separate oompliance with Section 3,68.095 will be required of the Contractors/Employers working on the Proj eot.

ARTICLE
XIX:m.BM

19.1 This Agreement shall become effeotive 30 days after the day the City Council ta1ces action to authorize its execution, and it shall continue in full force and effect fo1· a. period of three (3) years, at whiob time thls Agreement may be considered for exte11sion or -�-lJ.�lY.ru.� .... Ih�J�nP§. .. Qf .. \hi�_Ag,;�ement s�q.Jt�RRlY.l9� MYl.!Qj�Qt that is __ b�q. qr �9J�1?.i!ed _afte� the effective date and before the expiration ofthi.s Agreement. The Agreement shall continue to a.pplyto any Project subject to this Agreement until the completion of all Covered Work on the Project,

CITY OF STOCKTON
Name: KURT 0, WILSON
Title: CITY MANAGER
::� DANIBL CARDOZO
SAN JOAQUlN BUILDING AND CONSTRUCTION TRADES COUNCIL, AFLCIO COUNCIL Date: ______ _
Name:

Title:
32JH·0l7ll 18
EXHIBIT 2

EXHIBIT D

Page 52 of 65 ends

Attachment A
do so, the City and the Contractor or subcontractor shall meet and confer h1 order to identify neoeasary actions to resolvo the issue and ensttrt, a good faith effort to achieve the objectives o:fthis Article, - ·· •• • -·····

18.5.3 For any Pmject subject to this Agreement, the Looal Hh'e. Prlol'ity Apprentice nnd Wo1•kforce Develop1ne11t Program requirements of this Article shall apply in Heu of the requirements of Stockton Municipal Code Section 3.68.095 and no separate compliance with Section 3.68.095 will be required of the Conttaotors/E1nploye1·s working 01, the Project,

ARTICI,E
XJX:r.E.B.M

19.1 This Agreement Bhall become effective 30 days after the day the City Council talces notion to authorize its execution, and it shall continue in full force and effect fo1• a pet'locl of thl'ee (3
) yearsi nt which titne this Agreement may be considered for exte11sio11 01· renewal, The tetms of this Agreement sl1all apply to any Project that is bid or S(?1i(?ited !\'� _er
Ure·-effective·date-nrrd' before-·th1rexpftatfon•·of't1mrAgfooffie11t· ·tt1.e"Agfeemenf'snalfcoii1Tniie to apply to a11y Project subject to this Agreement until the completion of all Covered Work on the Pmj ect.

CffY OF STOCKTON
Name: KURT 0. WILSON
Title: CITY MANAGER
ATTEST:

By:-------
BONNIE PAIGE> CITY CLERK

APPROVED AS TO FORM
By:-------

DANIEL CARDOZO
Dute:

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

CITY ATTORNEY
Title: ______ _
EXHIBIT 2

EXHIBIT D

Page 53 of 65 ends

lUN]{ONS �;fjJ,du4
lBJe.otr.ioal Workers# 595. �� Slieet Metal Workers# I 04 Cement Masons
o!?difi�
,cP.Mtt��,ro-,,. 55
Attachment A
arpenters Regional
Caunclt on behalf r,fitself and hs
EXHIBIT 2

EXHIBIT D
(h..J.l!J,$£flv:U,.,p! � �VJ.rf'loJ�U "1�4,�/2. $_�
.. �- --..--=":f,� �-·
............. �.li--�.W,
±> c..--t-err�u!'.)____
3!J3-017jJ

Page 54 of 65 ends

Attachment A
Addendum A

CITY OF STOCKTON COMMUNITY WORKFORCE AND TRAINING AGREEMENT

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

EXHIBIT D
document(s).

Date: l� tta G:t£lllXD± fr'tttn�jJ'\C Name of Contractor l • 3238-017jj
20 'Ro do} Fo Ruvw1c ctbq
(Name of Contractor Representative)
�uvtlc<><ki0 e res-; l-e"'�
(�zed Officer & Title)
CSB flp# 55D3 or Motor Carrier � 0 Permit l/6fJ12 55"

Page 55 of 65 ends

THE FINAL PREMIUM-IS
' l PREDICATED ON THE

FINAL CONTRACT AMOUNT
BOND-·FOR FAITHFUL P-ERFORMANCE.

KNIOWAtL MEN'BY.THESE:PRESENTfl:

BomtNo. 80016'.1352
Premium: $30,180.00
That we.�. UNITED- PAVE T MAIN'.fENANCE: .. INC:. a STA+E·• OF CALIFORNIA-CORPORATION,. as Principal. and. Atlantic Seecialtytnsurance Company ___________ ...., Er·corporation; organized:amt'extstinf.rurrder-ttte·,laws::. of-the:, State:: of, New York and· duly author-izect ti:t transact business--underthe- Jaws of the State of- California, as Surety-, are held and firmly. bound. unto the City of Slocktbn; a·· municipal: corporation; duly, created, amf existhtg· under arrct by' virtue'- of'the· laws" of thet State. of California; as oblig_ee-, in the Just and: full sum of TVVO MILLION.

EIGHT HUNDRED FIFTEEN- THOUSAND THREE HUNDRED THIRTY AND 00/100 DOt.LAREr($2�S-r5:33l1;00}; fn·,1awful 1money·onne,l:Jhiti!ti"Sm1e-s,:off:AJTI-ertca',(betng�,10n,fto.fthe;c:ontractprice):for the paymentwhereofwen:and, truly-to,be-made-to-the-,said°CITY�. the-said - PrincJpal -and -Surety bind -themselves, their successors.and. assigns., jointly and severa1ly;' fitm1y ·oy these-, presents:

The condition of. the foreg_oing: obHgatitm- is such that the above-bounded. Principal has-simultaneously-entered-into a contractwJth the crrv,. to do and.perform .the following work; ttrwit
or
CITYWIDE SIDEWALK REPAIR.
(P-RQJEC'f-NQ;� ,Wll22053)1
Corporation or its subcontractor, shan ··wen· and, truly perform the work contracted· to be dona unaen saicL contract�, thani tbia. obUgatioJt to be;. nun; and; void;, atherwJse tcr remain: in, fulf force and effect
No prepayment or delay in payment and· no change, extension, addition or alteration; of anyf pravisJon: of. said,: contract; or in, said; pJarrs or sp:ecificatiom:;: agreed: to between-thesaid -CONTRACTOR and· the said CITY, and. no forbearance. on. tha part of the said c1nr shall operate to relieve any Surety or Sureties from liability on this bomt

Page 56 of 65 ends

EXHIBIT 2
394
and• consent by" said Surety is. hereby:. gjven,_ and. the said Surety. hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED,AND--SEALED.on_Fe _.___ bru......__arv ...... - ___ 22 ..... n ...... d....,,1 2....,0 ....... 24 ....... _________ _ United Pavement Maintenance. Inc.

APPROVED AS TO SURETY: B
y
: �t..,- vo-{.c..,L a..

P INCIPAL
�od,o\. f-o t2-uvGt.l c.a b�
Atlantic Specialty Insurance Company
SURETY
APPROVED AS TO FORM & CONTENT:

LOR1 M. ASUNCION
OFFiCE OF THE CITY ATTORNEY
By:---------
DEPUTY CtTY ATTORNEY
By:�ATTORNEY-IN-FACT
Chelsea, Liberatore

Page 57 of 65 ends

EXHIBIT 2
395

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

State of California
County of- Sacramento
On FEB 2 2 2024 be
fore me, ----------- Zachary Galvin Liberatore, Notary Public (insert name and title of the· officer)
personally appeared Chelsea Liberatore
who proved to me on the basis ofsatisfactory·evidence to be the person(s}whose name(s)•is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thefr authorized capacity(ies-); and that by his/her/their signature(s) on the instrument the. person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my.-hand,ami"official seat
(Seal)

Page 58 of 65 ends

EXHIBIT 2
396
Bond 1'\o. 8001 61 352
KNOW /\LL MEN BY TH ESE PRESEN I'S, chat ATLANTIC SPECIALTY INSURANCE COM PAN Y, a New York corporation with irs principdl offi1.c in Plymouth, Minnesola, does hereby constitute and appoint: Arturo Ayala, Daniel Huckabay, Frank Morones, Shaunna Rozelle Ostrom, Ben Stong, Michael D Stong, Benjamin Wolfe, Chelsea Liberatore, Adrian Langrell, each individually if there be more thJn one named. its true and lawful Attorncy-in-Fact. to rnakt>, execute. seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed v. ith the Company seal. This Power of Atwrney is made and exrcuted by aulhority of thr following resolutions adopted by the Board of Directors of ATLANTIC SPECIAL TY INSURANCE COMPANY on the twenty-fifth day of September, 2012:

Resolvc,d: That the President. any Senior Vit:e President or Vice-President (each an "Authorized Officer") may cxecure tor and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obHgatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authori1,e an Attorney-in-Fact to execute on behalf of the Company any and an such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attomey-in-Fact and revoke all power and authority given to any such Attomey-inFact.

Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on hehalf of the Company any and all hon<ls. recog-ni1.ances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall he as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds. recognizances, contracts of indemnity, and all other writings obligatory in the nantre thereof.

This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY fNSURANCE COMP/\NY on the twenty-fifth day of September, 20 12:

Resolved: That the signature of an /\ uthorizcd Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be t1ffrxed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any hond, undertaking, recognitance or other wriuen obligalion in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon rhc Company with the same force and effect as though manually affixed.

IN WITNESS WHEREOF, /\TL/\NTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company tu be affixed this first day of January .. 2023.

STATE Of MINNESOTA

HENNEPIN COUNTY
By
Sarah A. Kolar, Vice President and General Counsel
On this first day of January. 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding insrrnment, and she acknowledged the execution of the same, and being by me duly swum, that she is the said officer ot the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. 'G"� ALISON DWAN NASH-TROUT �
- � NOTARY PU.BUC • MINNESOTA �
� • -• My Comminlon£xplres· •
, January 31, 2025 Notary Public
I, the- undersigned. Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that th£> foregoing power of attorney is in full force and !1Js not been revoked, .:rnd the resolutions set forth above arc now in force.

Signed and sealed. Dated 22nd day of February . 2024 .

I
This Power of Allorney expires
January 31, 2025 I
Plc::isc direct bond ver\ficmiom to �mety@jntac;ti11s1n·irnn• com Kara LB. Barrow, Secrc>tary

Page 59 of 65 ends

City Council and Concurrent AuthoritiesApril 2, 2024

City Council and Concurrent Authorities
April 2, 2024