City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - Final
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Kevin J. Lincoln II, Mayor/Chair (At Large)
Kimberly Warmsley, VIce Mayor (District 6)
Michele Padilla (District 1)
Daniel R. Wright (District 2)
Michael Blower (District 3)
Susan Lenz (District 4)
Brando Villapudua (District 5)
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
Tuesday, June 18, 2024 4:00 PM
Closed Session 4:00 PM :: Regular Session 5:30 PM
Note: Vice Chair Warmsley will participate in the meeting via teleconference from the following location: Hilton Washington DC, Business Center, 1919 Connecticut Ava Northwest, Washington DC 20009
1. CLOSED SESSION CALL TO ORDER/ROLL CALL
2. ADDITIONS TO CLOSED SESSION AGENDA
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 24-0618 CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action: Agency Designated Representative: City Manager Harry Black Employee Organizations: Unrepresented Units, Stockton City Employees' Association, Operating Engineer's Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers' Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.
Department: City Attorney
3.2 24-0619 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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Recommended Action: City Manager
This Closed Session is authorized pursuant to Government Code section 54957(b).
Department: City Attorney
3.3 24-0620 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: City Attorney
This Closed Session is authorized pursuant to Government Code section 54957(b).
Department: City Attorney
3.4 24-0621 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: Interim City Clerk
This Closed Session is authorized pursuant to Government Code section 54957(b).
Department: City Attorney
4. CLOSED SESSION PUBLIC COMMENT*
5. RECESS TO CLOSED SESSION
6. REGULAR SESSION CALL TO ORDER/ROLL CALL
7. INVOCATION/PLEDGE TO FLAG
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
9. ADDITIONS TO REGULAR SESSION AGENDA***
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA
12. CONSENT AGENDA
12.1 24-0631 COUNCIL AD-HOC COMMITTEE ON HOMELESSNESS
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Recommended Action: RECOMMENDATION
It is recommended that City Council adopt a resolution reestablishing an Ad-Hoc Homelessness Committee to serve in an advisory capacity and review proposals and progress on the efforts toward addressing homelessness within the City.
Department: City Clerk
Attachments: Proposed Resolution
12.2 24-0635 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meetings of May 14, 2024 and May 21, 2024
Department: City Clerk
Attachment A – 2024-05-14 Minutes.pdf
Attachment B – 2024-05-21 Minutes.pdf
Attachments:
12.3 24-0556 ADOPT A RESOLUTION TO ACCEPT CONGRESSIONALLY DIRECTED SPENDING IN THE AMOUNT OF $1,000,000 THROUGH
THE WORKFORCE INNOVATION AND OPPORTUNITY ACT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Authorize the City Manager to execute a grant agreement with the United States Department of Labor in the amount of $1,000,000;
2. Authorize the City Manager to appropriate grant revenues and expenditures in the amount of $1,000,000 and;
3. Authorize the City Manager to execute and manage contractor agreements and consultant agreements in amounts consistent with the Grant Agreement.
It is also recommended that the City Council authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Department: City Manager
Proposed Resolution
Exhibit 1 - Youth Workforce Grant
Attachments:
12.4 24-0441 APPROVE AMENDMENT TO CITY COUNCIL POLICY MANUAL CHAPTER 2.06 - COUNCIL COMMUNICATIONS GUIDELINES
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Recommended Action: RECOMMENDATION
It is recommended that City Council approve by resolution an amendment to the City Council Policy Manual Chapter 2.06 - Council Communication by adding a policy defining the use of City Council letterhead.
Department: City Manager
Attachment A - Current Council Policy Chapter 2.06
Attachment B - Proposed Council Policy Chapter 2.06
Proposed Resolution
Exhibit 1 - CPM 2.06 - Council Communications
Attachments:
12.5 24-0455 ADOPT A RESOLUTION TO ACCEPT, ALLOCATE AND
APPROPRIATE GRANT FUNDS FROM THE CALIFORNIA
DEPARTMENT OF DEVELOPMENTAL SERVICES IN THE AMOUNT
OF $1,000,000, FOR PEOPLE / ADULTS WITH INTELLECTUAL
DISABILITIES VOCATIONAL OPPORTUNITIES
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Accept and appropriate funds in the amount of $1,000,000 from the California Department of Developmental Services, pursuant to 2023-24 California Budget Bill Jr. (Assembly Bill 102, Chapter 38, Statutes of 2023), Section 19.565 (d)(2).
2. Approve the allocation of funds in accordance with the requirements of the Grant Agreement for vocational opportunities for people/adults with intellectual disabilities.
3. Authorize the City Manager, or designee, to enter into and execute any associated documents and take all appropriate and necessary actions to carry out the purpose and intent of this resolution, including contracts with the granting authority and sub-recipient(s).
Department: Economic Development
Attachment A - Budget Act of 2023
Proposed Resolution
Exhibit 1 - Grant Agreement
Attachments:
12.6 24-0255 APPROVE SALE OF EXEMPT SURPLUS REAL PROPERTY LOCATED AT 435 DON CARLOS AVENUE
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing the filing of Notice of Exemption No. 37-23 under the California Environmental Quality Act (CEQA) for the disposition of exempt surplus real property located at 435 Don Carlos Avenue, APN 079-053-16.
2. Authorizing the disposition of the City-owned parcel located at 435 Don Carlos Avenue to Maurilio, Flora, and Luis Arroyo in the amount of $5,000.
3. Authorizing the City Manager, or designee, to execute the Purchase and Sale Agreement with Maurilio, Flora, and Luis Arroyo.
4. Authorizing the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Department: Economic Development
Attachment A - Resolution 2023-08-22-1208
Attachment B - Vicinity Map - 435 Don Carlos
Attachment C - Aerial Map - 435 Don Carlos
Attachment D - Administrative Directive HRD-02
Proposed Resolution - PSA - 435 Don Carlos
Exhibit 1 - NOE37-23 - Excess Real Property
Exhibit 2 - 435 Don Carlos PSA
Attachments:
12.7 24-0517 RESOLUTION AUTHORIZING AN AGREEMENT WITH ANCHOR
QEA, LLC TO PROVIDE CONSULTANT SERVICES FOR THE
MAINTENANCE DREDGING OF BUCKLEY COVE INLET
Recommended Action: RECOMMENDATION
It is recommended that the Stockton City Council adopt a Resolution:
1. Authorizing the City Manager, or designee, to execute an agreement with Anchor QEA, LLC (Exhibit 1 to the proposed Resolution), in the amount not to exceed $489,801 to provide consulting services for the maintenance dredging of the inlet located at 4911 Buckley Cove Way.�
2. Authorizing a budget amendment to appropriate additional funds from the Boat Launching Facilities fund balance in the amount of $189,801;
3. Finding an exception to the competitive bidding process pursuant to SMC Section 3.68.070 through use of a competitive request for proposals; and
4. Authorizing the City Manager, or designee, to take all appropriate actions to carry out the purpose and intent of the Resolution.
Department: Economic Development
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Proposed Resolution
Exhibit 1- Anchor QEA Contract
Attachments:
12.8 24-0557 APPROVE A MOTION TO AMEND THE PRE-EMPLOYMENT
BACKGROUND AND PERSONNEL INVESTIGATION SERVICE
AGREEMENTS WITH THE GUMSHOE GROUP AND DR
ASSOCIATES INTERNATIONAL
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with The Gumshoe Group in the amount of $479,600 to provide additional preemployment background and personnel investigation services for a total contract amount not to exceed $689,600;
2. Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with DR Associates to reduce the not to exceed amount by $75,000 for preemployment background and personnel investigation services;
3. Authorize the City Manager to reallocate funds between preemployment background and personnel investigation agreements with DR Associates International and The Gumshoe Group as needed;
4. Authorize the expanded use of each agreement to include the Human Resources Department;
5. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Department: Fire
Attachment A - The Gumshoe Group Original Agreement
Attachment B - DR Associates International Original Agreement Attachment C - The Gumshoe Group Amendment 1
Attachment D - The Gumshoe Group Amendment 2
Attachment E - DR Associates International Amendment 1
Attachments:
12.9 24-0601 APPROVE RESOLUTION TO ESTABLISH NEW CLASSIFICATION
SPECIFICATIONS AND PROPOSED SALARY RANGES FOR
EVENTS TECHNICIAN I/II, EVENTS COORDINATOR, AND EVENTS
MANAGER
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution establishing the following new classification specifications for the Economic Development Department (EDD) and assign the associated salary ranges.
1. Events Technician I/II (EDD/Unclassified/SCEA/non-exempt)
2. Events Coordinator (EDD/Unclassified/B&C/exempt)
3. Events Manager (EDD/Unclassified/B&C/exempt)
Department: Human Resources
Attachments: Proposed Resolution - Events Classification Specification Family
12.10 24-0562 ADOPT A RESOLUTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 5 WITH EVOQUA WATER TECHNOLOGIES
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to approve Contract Change Order (CCO) No. 5 with Evoqua Water Technologies LLC (Exhibit 1 to the Resolution) to extend the contract to August 31, 2024, for the payment of outstanding invoices in the amount of $30,063.74 and ratify the payment of charges for goods and services for a total not-to-exceed amount of $2,622,254.
It is further recommended that the City Manager be authorized to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - CCO 5 - Evoqua Water Technologies
Attachments:
12.11 24-0570 APPROVE FINDINGS AND RATIFY FINAL EXPENSES FOR THE
SALVAGE AND DISPOSAL OF THE SUNKEN TUGBOAT MAZAPETA
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Ratify the final expenses in the amount of $491,178.50 to Lind Marine of Petaluma, California, and associated contractors, for all costs related to the salvage and disposal of the sunken tugboat Mazapeta.
It is also recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this resolution.
Department: Municipal Utilities
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Attachments: Proposed Resolution
12.12 24-0515 APPROVE FINDINGS AND AWARD AN ENGINEERING SERVICES
CONTRACT TO SCHAAF & WHEELER CONSULTING CIVIL
ENGINEERS FOR THE DESIGN OF THE LINCOLN STREET PUMP
STATION AND FORCE MAIN PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution 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 a Professional Engineering Services Contract in the amount of $853,250 with Schaaf & Wheeler Consulting Civil Engineers of Santa Clara, CA, for the design of the Lincoln Street Pump Station and Force Main Project, UW24005 (Exhibit 1 to the Resolution).
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.
Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - Standard Agreement
Attachments:
12.13 24-0395 APPROVE A MOTION TO AUTHORIZE A CONTRACT EXTENSION
FOR FIRE AND SECURITY ALARM SYSTEM INSTALLATION,
MONITORING, MAINTENANCE, REPAIR, INSPECTION, AND
TESTING
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Authorize the City Manager to execute a three-year extension to the Service Contract with Bay Alarm Company of Stockton, CA, in the amount of $1,365,041.16, for a new total not to exceed amount of $2,635,003.76 for Fire and Security Alarm System Installation, Monitoring, Maintenance, Repair, Inspection, and Testing.
3. Authorize an additional contingency of $350,000 for upgrades and expansions of new fire, camera, and security alarm systems anticipated throughout the life of the Service Contract.
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.
Department: Public Works
Attachment A - Service Locations and Contract Cost
Attachment B - Standard Agreement Amendment No. 3
Attachments:
12.14 24-0423 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES
CONTRACT FOR THE SAFE ROUTES TO SCHOOL SIDEWALK GAP
CLOSURE PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Award a Professional Services Contract to R.E.Y. Engineers, Inc. of Folsom, CA, in the amount of $389,959, for design of the Safe Routes to School Sidewalk Gap Closure, Project No. WT19013/Federal Project No.
ATPSB1L-5008(187).
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.
Department: Public Works
Attachment A - Vicinity Map
Attachment B - Professional Services Contract
Attachments:
12.15 24-0245 APPROVE MOTION TO AUTHORIZE THE PURCHASE OF SIX
CONTACTLESS PARK RESTROOMS
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Approve the purchase of five Contactless Park Restrooms for 1.7 Touchless Restrooms, Project No. WP22016, from Exeloo Corporation of San Luis Obispo, CA, in the amount of $1,277,200.96.
3. Approve the purchase of one Contactless Park Restroom for Sousa Park Restroom, Project No. WP24032, from Exeloo Corporation of San Luis Obispo, CA, in the amount of $243,514.72.
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.
Department: Public Works
Attachments: Attachment A - Exeloo Quote
12.16 24-0249 ADOPT RESOLUTION TO APPROPRIATE FUNDS AND AWARD A
PROFESSIONAL SERVICES CONTRACT FOR THE VISION ZERO
ACTION PLAN
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Appropriate funds in the amount of $161,500 from the Measure K Fund Balance to the Vision Zero Action Plan, Project No. WT23042.
2. Appropriate funds in the amount of $646,000 from the Safe Streets and Roads for All Action Plan grant program to the Vision Zero Action Plan, Project No. WT23042.
3. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
4. Award a Professional Services Contract to Fehr and Peers of Stockton, CA, in the amount of $539,186.42, for professional services to develop a Vision Zero Action Plan, Project No. WT23042.
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.
Department: Public Works
Proposed Resolution
Exhibit 1 - Professional Services Contract
Attachments:
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12.17 24-0514 ADOPT RESOLUTION TO AUTHORIZE THE TRANSPORTATION
MANAGEMENT CENTER EQUIPMENT UPGRADE PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Transfer funds in the amount of $300,000 from the Traffic Signal Control System, Project No. WT15022, to the Transportation Management Center Equipment Upgrade, Project No. WT21010/Federal Project No.
CML-5008(191).
2. Transfer funds in the amount of $371,550.78 from the Traffic Signal Modification, Project No. WT15029, to the Transportation Management Center Equipment Upgrade, Project No. WT21010/Federal Project No.
CML-5008(191).
3. Approve Notice of Exemption No. NOE49-23 under the California Environmental Quality Act for the Transportation Management Center Equipment Upgrade, Project No. WT21010/Federal Project No.
CML-5008(191).
4. Approve the plans and specifications for the Transportation Management Center Equipment Upgrade, Project No. WT21010/Federal Project No.
CML-5008(191).
5. Award a Construction Contract in the amount of $3,845,696.33 to Econolite Systems, Inc. of Fremont, CA, for the Transportation Management Center Equipment Upgrade, Project No. WT21010/Federal Project No. CML-5008(191).
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.
Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:
12.18 24-0454 ADOPT RESOLUTION TO AUTHORIZE THE STOCKTON CITY HALL
PARKING LOT PROJECT
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Appropriate funds in the amount of $200,000 from the Public Facility Fee - Air Quality Program to the New City Hall Renovations and Relocation, Project No. E016015.
2. Transfer funds in the amount of $200,000 from the Americans with Disabilities Act Compliance Program, Project No. WC17001, to the New City Hall Renovations and Relocation, Project No. E016015.
3. Approve Professional Services Contract Amendment No. 4 in the amount of $358,940 with Griffin Structures, Inc. of Santa Clara, CA, for construction management services for the New City Hall Renovations and Relocation, Project No. E016015, and the Stockton City Hall Parking Lot, Project No. E016015-A.
4. Approve the plans and specifications for the Stockton City Hall Parking Lot, Project No. E016015-A.
5. Approve Notice of Exemption No. NOE1-23 under the California Environmental Quality Act for the Stockton City Hall Parking Lot, Project No. E016015-A.
6. Award a Construction Contract in the amount of $4,401,044.10 to DSS Company dba Knife River Construction of Stockton, CA, for the Stockton City Hall Parking Lot, Project No. E016015-A.
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.
Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Amendment No. 4 - Griffin Structures
Exhibit 2 - NOE 1-23
Exhibit 3 - Construction Contract - Knife River
Attachments:
12.19 24-0647 APPROVE THREE RESOLUTIONS AUTHORIZING THE CITY
ATTORNEY TO ENTER INTO AN AGREEMENT FOR LEGAL
SERVICES WITH THE FIRMS OF REDWOOD PUBLIC LAW, LLP;
TELECOM LAW FIRM, PC; AND HANSON BRIDGETT LLP
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt three resolutions approving Agreements for Legal Services with the firms of Redwood Public Law, LLP; Telecom Law Firm, PC; and Hanson Bridgett LLP.
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Department: City Attorney
Proposed Resolution - Telecom Law Firm PC.docx
Exhibit 1 - LSA (Telecom Law Firm PC)
Proposed Resolution - Redwood Public Law LLP.docx
Exhibit 1 - LSA (Redwood Public Law LLP)
Proposed Resolution - Hanson Bridgett LLP.docx
Exhibit 1 - LSA (Hanson Bridgett LLP)
Attachments:
13. ADMINISTRATIVE MATTERS
14. UNFINISHED BUSINESS
15. NEW BUSINESS
16. HEARINGS**
16.1 24-0433 REQUEST FOR ZONING MAP AMENDMENT (REZONING) OF APPROXIMATELY 0.80-ACRES AT 709 NORTH CENTER STREET
(APN 137-180-30) (P23-0251)
Recommended Action: RECOMMENDATION
It is recommended that City Council adopt an Ordinance approving a Zoning Map Amendment for rezoning approximately 0.80-acres (APN 137-180-30) from Commercial, Neighborhood (CN) to Residential, High Density (RH); based on the findings and subject to the conditions in the proposed resolution.
Department: Community Development
Attachment A - Vicinity Map
Attachment B - General Plan Land Use Map
Attachment C - Zoning Map
Attachment D - Approved Plans (P21-1284)
Attachment E - Planning Commission Resolutions
Proposed Ordinance - Rezoning
Exhibit 1 - Rezoning Exhibit
PPT - 16.1 - Park Center Apartments Rezone
Attachments:
16.2 24-0513 TEFRA PUBLIC HEARING FOR THE GRAND VIEW VILLAGE APARTMENTS LOCATED AT 240 E MINER AVE AND 240 N
HUNTER STREET
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Renew the approval for the issuance of multifamily housing revenue bonds by the California Municipal Finance Authority for the benefit of VCOR Limited Partnership (Visionary Home Builders), a California limited partnership, to provide for the refinancing of the Grand View Village Apartments project in an amount not to exceed $23,000,000, for the acquisition, construction, improvement and equipping of 75-unit rental housing facility for low-income households, located in Stockton at 240 E Miner Avenue and 240 North Hunter Street.
Note: The bonds will not be a debt of the City, nor will they obligate the City in any way.
2. Authorize the City Manager, or designee, to take actions that are necessary and appropriate to carry out the purpose and intent of the resolution.
Department: Economic Development
Attachment A - Vicinity Map
Proposed Resolution
PPT - 16.2 - Grand View Village Apartments
Attachments:
16.3 24-0633 PUBLIC HEARING TO ADOPT THE FISCAL YEAR 2024-25 ANNUAL BUDGET; APPROVE THE 2024-2029 CAPITAL IMPROVEMENT
PLAN; APPROVE THE FY 2024-25 FEE SCHEDULE; APPROVE THE
FY 2024-25 CALIFORNIA CONSTITUTIONAL APPROPRIATIONS
LIMIT; ADOPT THE FY 2024-25 ANNUAL BUDGET FOR THE
PARKING AUTHORITY OF THE CITY OF STOCKTON; ADOPT THE
FY 2024-25 ANNUAL BUDGET FOR THE SUCCESSOR AGENCY TO
THE FORMER STOCKTON REDEVELOPMENT AGENCY
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a resolution to:
1. Adopt the Fiscal Year (FY) 2024-25 Annual Budget, the 2024-2029 Capital Improvement Plan, and the FY 2024-25 Fee Schedule,
2. Adopt the FY 2024-25 California Constitutional (Gann) Appropriations Limit,
3. Approve other administrative and financial actions.
And it is recommended that the Parking Authority of the City of Stockton (Parking Authority) approve a resolution to:
1. Adopt the FY 2024-25 Annual Budget for the Parking Authority (Exhibit 1 to the Parking Authority resolution).
And it is recommended that the Successor Agency to the former Stockton Redevelopment Agency (Successor Agency) approve a resolution to:
1. Adopt the FY 2024-25 Annual Budget for the Successor Agency to the former Stockton Redevelopment Agency (Exhibit 1 to the Successor Agency resolution).
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolutions.
Department: Administrative Services
Proposed City Resolution FY 2024-25 Budget
Proposed Resolution Parking Authority - FY 2024-25 Budget Exhibit 1 - Parking Authority Proposed Budget 2024-25
Proposed Resolution Successor Agency FY 2024-25 Budget
Exhibit 1 - Successor Agency Proposed Budget 2024-25
PPT - 16.3 - Annual Budget
Attachments:
17. CITY MANAGER'S UPDATE
18. COUNCIL COMMENTS
19. ADJOURNMENT
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CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on June 13, 2024, in compliance with the Brown Act.
Katherine Roland, CMC, CPMC
Interim City Clerk
By: ________________________________
Deputy
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PUBLIC COMMENTS
*Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, including items on the Agenda. Each speaker is limited to two minutes. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting.
**Speakers should hold comments on items listed as a Hearing until the Hearing is opened.
The City of Stockton invites public comments in multiple forms. You provide your comments by using one of these methods:
1. Email - you may email your comments to [email protected]
2. Voicemail - you can leave a voice message by dialing (209) 937-8459.
3. In-Person Comments - a) Speakers must submit "request to speak cards" to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. Please redirect any inquiries to [email protected]. b) Address only issues over which the meeting body has jurisdiction. c) Each speaker will be limited to one 2-minute comment opportunity. Donating time is not authorized. d) Your time will be displayed on the speaker podium for convenience. *All written and voicemail public comments received by the Clerk's Office 90 minutes prior to the meeting start time will be forwarded to the meeting body members as correspondence and attached the minutes. All comments received after that time will be forwarded as correspondence the following business day. ***Additions to the Agenda - Government Code Section 54954.2(b)(2), allows members of the City Council present at the meeting to take immediate action, with either a two-thirds or unanimous vote, to place an item on the agenda that action must be taken and that the item came to the attention of the City subsequent to the agenda being posted.
All proceedings before this meeting body are conducted in English. The City of Stockton does not furnish language interpreters and, if one is needed, it shall be the responsibility of the person needing one.
In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are a person with a disability and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8458, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility.
Materials related to an item on this agenda submitted to City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 425 North El Dorado Street, Stockton, California 95202, during normal business hours. Such documents are also available on the City's website at www.stocktongov.com subject to staff's ability to post the documents before the meeting.
CHALLENGING CITY DECISIONS: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will City of Stockton Page 17 Printed on 6/13/2024
17 City Council/Successor Agency to June 18, 2024
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
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18 City of Stockton
Legislation Text
File #: 24-0631, Version: 1
COUNCIL AD-HOC COMMITTEE ON HOMELESSNESS
RECOMMENDATION
It is recommended that City Council adopt a resolution reestablishing an Ad-Hoc Homelessness Committee to serve in an advisory capacity and review proposals and progress on the efforts toward addressing homelessness within the City.
Summary
Homelessness is a significant priority for this Council. Over 80% of Stockton residents view homelessness as a humanitarian crisis affecting the quality of life of the entire city. The need for a resolution to this issue has never been greater. This committee will serve in an advisory capacity to review proposals and progress on efforts toward addressing homelessness within the City.
DISCUSSION
Background
Pursuant to Council Policy 3.06.010(4)(C), the Council by resolution may create Ad Hoc committees that are tasked with addressing specific issues. The members of the committee are appointed by the Mayor based on the expertise and expressed interest of the Councilmembers. The term of the committee may not exceed one year, unless reestablished or extended by resolution of the Council.
As stated in the introductory paragraph to Council Policy 3.06.010, the purpose of Council committees is to “provide detailed analysis and study matters, including public input, which are referred to the Committee by the City Council…and to provide the full Council with a report on its findings and recommendations. Delegation of such studies is essential to the efficiency of the City Council.”
Present Situation
City Council has been working towards maximizing City efforts to find solutions to homelessness within the City. The Council has determined that an Ad-Hoc Committee is necessary to create an effective long-term solution.
On November 16, 2021 the City approved Resolution 2021-11-16-1208 establishing the City’s AdHoc Committee on Homelessness, and again via Resolution 2023-08-22-1204 on August 22, 2023.
To this end, staff brings forth the attached Resolution re-establishing this Committee formalizing the scope and focus of the Committee, naming the participating members, setting forth the chair and vice chair, naming the alternate member of the Committee, and expiring at the end of the Mayor’s term, December 31, 2024.
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The Committee will consist of Councilmembers Michele Padilla as Chair, Vice Mayor Kimberly Warmsley as Vice Chair, Councilmember Michael Blower as a Member and with Councilmember Brando Villapudua as the Alternative. The Committee will meet regularly at the discretion of the chair and will report to Council at the discretion of the chair.
FINANCIAL SUMMARY
The financial impacts, at this time, are limited to the staff time required to support the Committee.
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20 Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION RE-ESTABLISHING THE AD-HOC COMMITTEE ON HOMELESSNESS
AND APPOINTING COUNCILMEMBERS MICHELE PADILLA, MICHAEL BLOWER,
AND VICE MAYOR KIMBERLY WARMSLEY, WITH COUNCILMEMBER
BRANDO VILLAPUDUA AS ALTERNATE, TO SERVE ON THE COMMITTEE The Ad Hoc Committee on Homelessness was established by Council Resolution 2021-11-16-1208 and reestablished by Council Resolution 2023-08-22-1204 on August 22, 2023; and
Council Policy 3.06.010(4)(C) authorizes the City Council to establish or reestablish ad-hoc committees targeted towards specific issues; and The Ad Hoc on Homelessness Committee shall expire on August 21, 2024, unless re-established or extended by resolution of the Council with appointments to be made by the Mayor based on the expertise and expressed interest of the Councilmembers; and The City Council desires to re-establish the Ad-Hoc Committee on Homelessness to serve in an advisory capacity and review progress on the efforts toward addressing homelessness within the city, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. This City Council hereby approves the re-establishment of the Ad-Hoc Committee on Homelessness to serve in an advisory capacity, review progress on the efforts toward addressing homelessness with the city, and to expire on December 31, 2024.
2. The following Councilmembers are appointed to serve on the Ad-Hoc Committee on Homelessness:
Councilmember Michele Padilla (Chair)
Vice Mayor Kimberly Warmsley (Vice-chair)
Councilmember Michael Blower (Member)
Councilmember Brando Villapudua (Alternate)
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21 3. The Ad-Hoc Committee on Homelessness will report its progress to the Council at the discretion of the Chair.
PASSED, APPROVED, and ADOPTED June 18, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
22 City of Stockton
Legislation Text
File #: 24-0635, Version: 1
APPROVAL OF CITY COUNCIL MINUTES
RECOMMENDATION
Approve the minutes from the City Council meetings of May 14, 2024 and May 21, 2024 Attachment A - 2024-05-14 Minutes
Attachment B - 2024-05-21 Minutes
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Attachment B 43
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City of Stockton
Legislation Text
File #: 24-0556, Version: 1
ADOPT A RESOLUTION TO ACCEPT CONGRESSIONALLY DIRECTED SPENDING IN THE AMOUNT OF $1,000,000 THROUGH THE WORKFORCE INNOVATION AND OPPORTUNITY ACT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Authorize the City Manager to execute a grant agreement with the United States Department of Labor in the amount of $1,000,000;
2. Authorize the City Manager to appropriate grant revenues and expenditures in the amount of $1,000,000 and;
3. Authorize the City Manager to execute and manage contractor agreements and consultant agreements in amounts consistent with the Grant Agreement.
It is also recommended that the City Council authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Summary
Staff seeks City Council approval to accept $1,000,000 in Congressionally Directed Spending (via a grant agreement) from the United States Department of Labor (Exhibit 1 to the Resolution). This funding was made available through the Workforce Innovation and Opportunity Act (WIOA) and will be used for the Stockton Skilled Through Alternative Routes (STAR) Program. The STAR Program seeks to serve 20 participants committed to a minimum of 20 weekly hours for engagement in employment readiness activities at a rate of $20 an hour for 12 months. The Office of Violence Prevention will lead the implementation of this program. This grant is ready to launch immediately upon City Council approval and will conclude April 30, 2026.
DISCUSSION
Background
The City of Stockton was awarded Congressionally Directed Funding through Congressmen McNerney’s Office in 2022. This funding was included in the Federal Budget approved in late 2022, which was the result of a direct request from the City to the Congressmen’s Office for a Stockton Youth Workforce Development Program. This request was based on the Council-approved legislative priorities for FY 2022. The City requested funding to increase the field of young, qualified professionals in Stockton who are prepared for the future economy. The City proposed to use project funds to sub-contract with successful local workforce development programs to expand access to City of Stockton Page 1 of 2 Printed on 6/13/2024
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57 File #: 24-0556, Version: 1
disadvantaged youth. This funding would be coordinated with the City’s current youth workforce development grants to augment existing programs and create new opportunities.
Present Situation
City staff worked with staff from the Department of Labor to develop the City’s high-level Congressionally Directed Funding Request into the more specific Stockton STAR Program. This program, which has been approved by the Department of Labor, seeks to serve 20 participants committed to a minimum of 20 weekly hours for engagement in employment readiness activities at a rate of $20 an hour for 12 months. This program will be implemented by the Office of Violence Prevention (OVP), and the grant participants will be OVP clients. The STAR Program will consist of four phases. Phase 1 will be the onboarding and needs assessment for the 20 participants. This includes a welcome and orientation to the program, which is where the expectations of the program will be outlined. Additionally, individual needs assessments for all participants will be conducted, such as risk, self-sufficiency, and substance use assessments. Phase 2 will focus on employment readiness, offering participants comprehensive career assessments, employment navigator facilitated workshops, and work ethics training. This will prepare participants for Phase 3, which will be an ‘Earn -and-Learn’ apprenticeship. Participants will have paid on-the-job learning experiences and skills certification opportunities, as well as continuing wraparound support from OVP and sub-grantees.
The final phase will involve on-going wraparound support as the participants transition to permanent employment opportunities, as well as program success evaluation.
FINANCIAL SUMMARY
The grant award is for $1,000,000. To establish the program and grant funding, an appropriation of revenue and expenditures of $1,000,000 is necessary in the City Manager’s Special Grants Fund - Reimbursement, General Administration Division. There will be no impact to the General Fund because of accepting this grant funding.
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58 Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION TO ACCEPT CONGRESSIONALLY DIRECTED SPENDING IN THE AMOUNT OF $1,000,000
The City Council approved the 2022 Legislative Priorities Platform which, in part, requested funding for youth workforce development programs; and The City Manager authorized staff to submit a Congressionally Directed Spending Request to Congressman McNerney’s Office for the Stockton Youth Workforce Development Program in the amount of $2,000,000; and
The City of Stockton was awarded $1,000,000 in Congressionally Directed Spending through the United States Department of Labor in late 2022; and City staff have worked with the United States Department of Labor to develop the Stockton Skilled Through Alternative Routes (STAR) Program to satisfy the requirements of the grant program and fulfill the original vision of the City’s request to increase the field of young, qualified professionals in Stockton who are prepared for the future economy; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Authorize the City Manager to execute a grant agreement with the United States Department of Labor in the amount of $1,000,000 (Exhibit 1).
2. Authorize the City Manager to appropriate grant revenues and expenditures in the amount of $1,000,000.
3. Authorize the City Manager to execute and manage contractor agreements and consultant agreements in amounts consistent with the Grant Agreement. //
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59 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 June 18, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
60 EXHIBIT 1 61
EXHIBIT 1 62
City of Stockton
Legislation Text
File #: 24-0441, Version: 1
APPROVE AMENDMENT TO CITY COUNCIL POLICY MANUAL CHAPTER 2.06 - COUNCIL
COMMUNICATIONS GUIDELINES
RECOMMENDATION
It is recommended that City Council approve by resolution an amendment to the City Council Policy Manual Chapter 2.06 - Council Communication by adding a policy defining the use of City Council letterhead.
Summary
The City Council Policy Manual does not contain a policy for the use of City or Council Letterhead.
The Legislation / Environmental Committee members have requested that staff present the attached policy for review and approval by the full Council.
DISCUSSION
Background
The Legislation / Environmental Committee members have been reviewing and making recommendations to update the City Council Policy Manual. During the review of Chapter 2.06 - Council Communication Guidelines, it was discovered that the current policy does not address the use of City or Council letterhead (Attachment A - Council Policy Manual Chapter 2.06, current online version). The members of the Council Legislation / Environmental Committee directed staff to develop a policy.
Present Situation
Staff researched available city policies from several cities that had posted their policy on the Institute for Local Government website. Based on the information presented at the April 17, 2024, Legislation / Environmental Committee meeting, Committee members have requested that staff present the amended policy for review and approval by the full Council (Attachment B - Proposed Council Policy Chapter 2.06). The current guidelines located at Council Policy Manual Title 2, Chapter 2.06 - Council Communication Guidelines will be consolidated under Section 2.06.010. The new proposed policy concerning letterheads would be codified under Section 2.06.020. The remaining sections of Chapter 2.06 at 2.06.030 through 2.06.070, having been consolidated into
2.06.010, would be stricken.
Approval of this policy would also address recommendation R2.4 of the 2024 San Joaquin County Civil Grand Jury Report, “City of Stockton: Crisis in Government, Case # 0123” issued on June 10, 2024.
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FINANCIAL SUMMARY
There is no financial impact to amending the policy.
Attachment A - Current Council Policy Chapter 2.06, online version Attachment B - Proposed Council Policy Chapter 2.06
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64 ATTACHMENT A
The following Code does not display images or complicated formatting. Codes should be viewed online. This tool is only meant for editing.
Chapter 2.06
CITY COUNCIL COMMUNICATION GUIDELINES
§ 2.06.010 Policy.
1) The City has a responsibility to clearly report to the public it serves the actions and conduct of city government in all of its complexity. This policy intends to ensure that relevant information is communicated to the public and that it is timely, accurate, and distributed properly.
2) The City will use media coverage to generate interest, encourage involvement, increase understanding, and provide a vital link between all citizens and their governments. 3) The City will dedicate sufficient staff to initiate and maintain contacts with media representatives, develop and distribute information, plan and implement information campaigns, monitor media reports, and look for opportunities to highlight the positives of our community.
4) City leaders will be available for interviews, respond promptly to requests for information in order to facilitate effective communication with citizens and to ensure that news reports are timely and accurate.
5) The Mayor, Councilmembers, City Manager, and department heads shall make major announcements and respond to questions when the issues or policies are controversial or sensitive.
6) Community Relations and Public Information staff will help the media gain access to elected officials, employees, and public records.
7) The City Manager shall develop and maintain an administrative directive to guide City of Stockton communications.
§ 2.06.020 Responsibilities.
Mayor, Councilmembers, City Manager, and Department Heads:
Make major announcements.
Respond to questions regarding controversial or sensitive issues or policies. § 2.06.030 Relevant authority.
None applicable.
§ 2.06.040 Related administrative directive, city policy, city procedure.
Administrative Directive – Communications <IV.A> (MAN-23). 65 ATTACHMENT A
Administrative Directive – Public Information <IV.C> (TBD).
Citywide Policy – Media Contact Reporting <IV.C.a> (MAN-04). § 2.06.050 Related forms, documents, or links.
None applicable.
§ 2.06.060 Frequently asked questions.
None applicable.
§ 2.06.070 Update history.
9/29/98 - Adopted by Resolution No. 98-0409
1/26/16 - Amended by Resolution No. 2016-01-26-1203
66 ATTACHMENT B
CHAPTER 2.06: CITY COUNCIL COMMUNICATION GUIDELINES
POLICY 2.06.010: GENERAL COMMUNICATION GUIDELINES
Policy
1) The City has a responsibility to clearly report to the public it serves the actions and conduct of city government in all of its complexity. This policy intends to ensure that relevant information is communicated to the public and that it is timely, accurate, and distributed properly.
2) The City will use media coverage to generate interest, encourage involvement, increase understanding, and provide a vital link between all citizens and their governments. 3) The City will dedicate sufficient staff to initiate and maintain contacts with media representatives, develop and distribute information, plan and implement information campaigns, monitor media reports, and look for opportunities to highlight the positives of our community.
4) City leaders will be available for interviews, respond promptly to requests for information in order to facilitate effective communication with citizens and to ensure that news reports are timely and accurate.
5) The Mayor, Councilmembers, City Manager, and department heads shall make major announcements and respond to questions when the issues or policies are controversial or sensitive.
6) Community Relations and Public Information staff will help the media gain access to elected officials, employees, and public records.
7) The City Manager shall develop and maintain an administrative directive to guide City of Stockton communications.
Responsibilities
Mayor, Councilmembers, City Manager, and Department Heads:
Make major announcements.
Respond to questions regarding controversial or sensitive issues or policies.
Relevant Authority
Stockton City Charter, Article III, Powers of the City
Stockton City Charter, Article XI-A, Public Information Office Gov. Code, § 54950, the Ralph M Brown Act
67 ATTACHMENT B
Related Administrative Directive, City Policy, City Procedure Citywide Policies and Procedures, Chapter 13 – Communication Related Forms, Documents, or Links
None applicable.
Frequently Asked Questions or Comments
The examples provided in Responsibilities, Relevant Authority, and Related Administrative Directive sections of the Council Policies are intended to be illustrative and not exhaustive.
Update History
9/29/98 - Adopted by Resolution No. 98-0409
1/26/16 - Amended by Resolution No. 2016-01-26-1203
68 ATTACHMENT B
CHAPTER 2.06: CITY COUNCIL COMMUNICATION GUIDELINES
POLICY 2.06.020: USE OF CITY AND COUNCIL LETTERHEAD
Policy
“City letterhead” and/or “City Resources” (i.e., staff support, postage, etc.), may only be used to communicate the official policy, position, or actions of the City or City Council, not individual Councilmember positions or opinions. City letterhead means letterhead which include the official city logo, the location and contact information for City Hall, contains the heading “Office of the City Council” and a listing of the current councilmembers (Exhibit 1). Not withstanding the above, the City Council is allowed to communicate using city letterhead for official city business with a copy to the City Council. No Councilmember may use the City letterhead for the purpose of press release, news release, or communications with the media.
City letterhead shall not be altered by a Councilmember. City letterhead shall include the following, and shall be maintained by the City Manager:
1. City Logo
2. “Office of the City Council”
3. The address/location of the governing body – City Hall
4. Names of the elected members of the Stockton City Council Councilmembers may use “Council letterhead” (Exhibit 2) for any purpose including but not limited to responding to inquires or communicating their personal opinions, support for, or responses to constituents , other non-constituent individuals, or organizations. Council letterhead contains the heading “Office of Councilmember [ xxx ], District [ # ]” or any letterhead created for a councilmember which identifies the councilmember as a city representative but may not include use of the official city logo. When a councilmember utilizes Council letterhead as described in this policy, the councilmember shall include the following disclaimer:
“This communication does not reflect the policies or opinion of the City of Stockton or the Stockton City Council.”
Council letterhead shall not be altered by a Councilmember. Council letterhead shall include the following, and shall be maintained by the City Manager:
1. “Office of Councilmember [ xxx ], District [ # ]”
2. The address/location of the governing body – City Hall 69 ATTACHMENT B
Responsibilities
Mayor, Councilmembers, City Manager, City Attorney, and City Clerk:
Monitor and enforce the intention of the policy as outlined.
Enforcement
Stockton City Council Policy Chapter 4.08 Council Censure Relevant Authority
Stockton City Charter, Article III, Powers of the City
Stockton City Charter, Article XI-A, Public Information Office Gov. Code, § 54950, the Ralph M Brown Act
Related Administrative Directive, City Policy, City Procedure Citywide Policies and Procedures, Chapter 13 – Communication Related Forms, Documents, or Links
Exhibit 1 – SAMPLE City Letterhead
Exhibit 2 – SAMPLE Council Letterhead
Frequently Asked Questions or Comments
The examples provided in Responsibilities, Relevant Authority, and Related Administrative Directive sections of the Council Policies are intended to be illustrative and not exhaustive.
Update History
Draft Prepared April 2024, pending Council approval in June 2024 70 Resolution No.
STOCKTON CITY COUNCIL
A RESOLUTION ADOPTING A REVISED CITY COUNCIL POLICY CHAPTER 2.06 – CITY
COUNCIL COMMUNICATIONS GUIDELINES
Chapter 2.06 of the Council Policy Manual addresses the responsibilities and guidelines related to the method in which the Stockton City Council reports and communicates to the public; and
Chapter 2.06 of the Council Policy Manual did not address the Councilmembers specific use of City letterhead; and
On June 10, 2024, the San Joaquin Civil Grand Jury issued a report regarding Case # 0123 titled “City of Stockton: Crisis in Government” which included recommendation R2.4, stating that “by March 31, 2025, the City should amend their policies and procedures regarding the use of City Stationary;” and
The Legislation and Environmental Committee voted on April 17, 2024, to forward a recommendation to Council to address the recommended revisions; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. City Council approves the revised City Council Policy 2.06 entitled “Council Communications Guidelines;” attached hereto as “Exhibit 1.”
2. At the appropriate time, the City Manager or City Attorney is authorized to submit the approved City Council Policy 2.06 to the San Joaquin County Civil Grand Jury as a part of the City’s response, specifically to their recommendation R2.4.
3. The City Manager is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED June 18, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC,CPMC
Interim City Clerk of the City of Stockton
71 CHAPTER 2.06: CITY COUNCIL COMMUNICATION GUIDELINES
POLICY 2.06.010: GENERAL COMMUNICATION GUIDELINES
Policy
1) The City has a responsibility to clearly report to the public it serves the actions and conduct of city government in all of its complexity. This policy intends to ensure that relevant information is communicated to the public and that it is timely, accurate, and distributed properly.
2) The City will use media coverage to generate interest, encourage involvement, increase understanding, and provide a vital link between all citizens and their governments. 3) The City will dedicate sufficient staff to initiate and maintain contacts with media representatives, develop and distribute information, plan and implement information campaigns, monitor media reports, and look for opportunities to highlight the positives of our community.
4) City leaders will be available for interviews, respond promptly to requests for information in order to facilitate effective communication with citizens and to ensure that news reports are timely and accurate.
5) The Mayor, Councilmembers, City Manager, and department heads shall make major announcements and respond to questions when the issues or policies are controversial or sensitive.
6) Community Relations and Public Information staff will help the media gain access to elected officials, employees, and public records.
7) The City Manager shall develop and maintain an administrative directive to guide City of Stockton communications.
Responsibilities
Mayor, Councilmembers, City Manager, and Department Heads:
· Make major announcements.
· Respond to questions regarding controversial or sensitive issues or policies.
Relevant Authority
Stockton City Charter, Article III, Powers of the City
Stockton City Charter, Article XI-A, Public Information Office Gov. Code, § 54950, the Ralph M Brown Act
EXHIBIT 1 72
Related Administrative Directive, City Policy, City Procedure Citywide Policies and Procedures, Chapter 13 – Communication Related Forms, Documents, or Links
None applicable.
Frequently Asked Questions or Comments
The examples provided in Responsibilities, Relevant Authority, and Related Administrative Directive sections of the Council Policies are intended to be illustrative and not exhaustive.
Update History
9/29/98 - Adopted by Resolution No. 98-0409
1/26/16 - Amended by Resolution No. 2016-01-26-1203
EXHIBIT 1 73
CHAPTER 2.06: CITY COUNCIL COMMUNICATION GUIDELINES
POLICY 2.06.020: USE OF CITY AND COUNCIL LETTERHEAD
Policy
“City letterhead” and/or “City Resources” (i.e., staff support, postage, etc.), may only be used to communicate the official policy, position, or actions of the City or City Council, not individual Councilmember positions or opinions. City letterhead means letterhead which include the official city logo, the location and contact information for City Hall, contains the heading “Office of the City Council” and a listing of the current councilmembers (Exhibit 1). Not withstanding the above, the City Council is allowed to communicate using city letterhead for official city business with a copy to the City Council. No Councilmember may use the City letterhead for the purpose of press release, news release, or communications with the media.
City letterhead shall not be altered by a Councilmember. City letterhead shall include the following, and shall be maintained by the City Manager:
1. City Logo
2. “Office of the City Council”
3. The address/location of the governing body – City Hall
4. Names of the elected members of the Stockton City Council Councilmembers may use “Council letterhead” (Exhibit 2) for any purpose including but not limited to responding to inquires or communicating their personal opinions, support for, or responses to constituents , other non-constituent individuals, or organizations. Council letterhead contains the heading “Office of Councilmember [ xxx ], District [ # ]” or any letterhead created for a councilmember which identifies the councilmember as a city representative but may not include use of the official city logo. When a councilmember utilizes Council letterhead as described in this policy, the councilmember shall include the following disclaimer:
“This communication does not reflect the policies or opinion of the City of Stockton or the Stockton City Council.”
Council letterhead shall not be altered by a Councilmember. Council letterhead shall include the following, and shall be maintained by the City Manager:
1. “Office of Councilmember [ xxx ], District [ # ]”
2. The address/location of the governing body – City Hall EXHIBIT 1 74
Responsibilities
Mayor, Councilmembers, City Manager, City Attorney, and City Clerk:
· Monitor and enforce the intention of the policy as outlined.
Enforcement
Stockton City Council Policy Chapter 4.08 Council Censure Relevant Authority
Stockton City Charter, Article III, Powers of the City
Stockton City Charter, Article XI-A, Public Information Office Gov. Code, § 54950, the Ralph M Brown Act
Related Administrative Directive, City Policy, City Procedure Citywide Policies and Procedures, Chapter 13 – Communication Related Forms, Documents, or Links
Exhibit 1 – SAMPLE City Letterhead
Exhibit 2 – SAMPLE Council Letterhead
Frequently Asked Questions or Comments
The examples provided in Responsibilities, Relevant Authority, and Related Administrative Directive sections of the Council Policies are intended to be illustrative and not exhaustive.
Update History
Draft Prepared April 2024, pending Council approval in June 2024 EXHIBIT 1 75
KEVIN LINCOLN II
Mayor
KIMBERLY WARMSLEY
Vice Mayor
District 6
MICHELE PADILLA
District 1
DAN WRIGHT
District 2
MICHAEL BLOWER
District 3
SUSAN LENZ
District 4
BRANDO VILLAPUDUA OFFICE OF THE CITY COUNCIL District 5 CITY HALL 425 N. El Dorado Street Stockton, CA 95202-1997 209 / 937-8244 Fax 209 / 937-7149
EXHIBIT 1 76
“This communication does not reflect the policies or opinion of the City of Stockton or the Stockton City Council.”
OFFICE OF COUNCILMEMBER [ xxx ]
DISTRICT [ # ]
CITY OF STOCKTON
CITY HALL Ÿ 425 N. El Dorado Street Ÿ Stockton, CA 95202-1997 209 / 937-8244 Ÿ Fax 209 / 937-7149
EXHIBIT 1 77
City of Stockton
Legislation Text
File #: 24-0455, Version: 1
ADOPT A RESOLUTION TO ACCEPT, ALLOCATE AND APPROPRIATE GRANT FUNDS FROM
THE CALIFORNIA DEPARTMENT OF DEVELOPMENTAL SERVICES IN THE AMOUNT OF $1,000,000, FOR PEOPLE / ADULTS WITH INTELLECTUAL DISABILITIES VOCATIONAL
OPPORTUNITIES
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Accept and appropriate funds in the amount of $1,000,000 from the California Department of Developmental Services, pursuant to 2023-24 California Budget Bill Jr. (Assembly Bill 102, Chapter 38, Statutes of 2023), Section 19.565 (d)(2).
2. Approve the allocation of funds in accordance with the requirements of the Grant Agreement for vocational opportunities for people/adults with intellectual disabilities.
3. Authorize the City Manager, or designee, to enter into and execute any associated documents and take all appropriate and necessary actions to carry out the purpose and intent of this resolution, including contracts with the granting authority and sub-recipient(s).
Summary
The California Department of Developmental Services, through Assembly Bill 102, has awarded the City of Stockton a grant for $1,000,000 for vocational opportunities for people/adults with intellectual disabilities.
Staff recommends the City Council adopt a resolution accepting and appropriating funds in the amount of $1,000,000 to support vocational opportunities for individuals with intellectual disabilities in Stockton, in accordance with requirements of the Grant Agreement. Furthermore, staff recommends the City Council approve all appropriate and necessary actions by the City Manager to execute contracts with the granting authority and subrecipient(s).
DISCUSSION
Background
As Chair of the California State Assembly Committee on Jobs, Economic Development and the Economy, Assemblymember Carlos Villapudua (Assembly District 13) prioritizes small business development and operations, and inclusive local economic development. In 2023, Assemblymember Villapudua successfully advocated for a $1,000,000 grant to the City of Stockton with the purpose of supporting vocational opportunities for adults with intellectual disabilities. The funding City of Stockton Page 1 of 2 Printed on 6/13/2024
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78 File #: 24-0455, Version: 1
recommendation was approved and authorized by the California Legislature through Assembly Bill No. 102 in the 2023 budget year (Attachment A - Budget Act of 2023).
Present Situation
With the approval of City Council, the City of Stockton will accept the funding appropriation of $1,000,000 through the California Department of Developmental Services (DDS), in accordance, and in compliance with the requirements of the Grant Agreement.
Upon receipt of funds from the DDS, staff will develop a Notice of Funding Availability (NOFA), offering a one-time grant to a subrecipient organization(s) which best demonstrates the ability to support vocational opportunities for adults with intellectual disabilities. The NOFA will be designed to identify responsive community-based organizations with the capacity to successfully fulfill the scope of the funded project.
FINANCIAL SUMMARY
There is no financial impact to the City’s General Fund from this action. The $1,000,000 awarded from the State of California, pursuant to the Budget Act of 2023 (Section 19.565(d)(2) of Assembly Bill 102, Chapter 38, Statutes of 2023), will be received and appropriated as an expenditure with matching revenues in the Economic Development Department Special Grant Fund 280-282.
Attachment A - Budget Act of 2023
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79 Bill Title: Budget Act of 2023.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-07-10 - Chaptered by Secretary of State - Chapter 38, Statutes of 2023. [AB102 Detail]
Download: California-2023-AB102-Chaptered.html
Assembly Bill No. 102
CHAPTER 38
SEC. 261. Section 19.565 is added to the Budget Act of 2023, to read:
SEC. 19.565.
(2) For allocations in this section that include a designated state entity, the entity shall allocate the funds to the recipients identified in the paragraphs following each designation. The state entity shall determine the best method for allocation to ensure the funds are used for the purposes specified in this section. Self-attestation by the receiving entity is an acceptable method of verification of the use of funds, if determined appropriate by the state entity.
(3) Notwithstanding any other law, allocations pursuant to this section are exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Contracting Manual, and are not subject to the approval of the Department of General Services, including the requirements of Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of the Title 2 of the Government Code. (4) If an item number for the appropriate department for a state entity does not exist, and such an item number is required in order to make the specified allocations, the Department of Finance may create an item number for this purpose. (5) Notwithstanding any other law, a designated state entity administering an allocation pursuant to this section may provide the allocation as an advance lump sum payment, and the allocation may be used to pay for costs incurred prior to the effective date of the act adding this paragraph.
(6) The Department of Finance may authorize the transfer of allocating authority to a different state entity to facilitate the expenditure of the funds for the intended legislative purpose. Any state entity that allocates funds may also, in consultation with the Department of Finance, use an alternative local fiscal agent that is not identified in this section instead of the fiscal agent designated in this section if necessary to achieve the intended legislative purpose. Any change to the allocating state entity or fiscal agent made pursuant to this paragraph shall be reported to the Joint Legislative Budget Committee in writing at least 30 days, or no sooner than whatever lesser time after that notification the chairperson of the joint committee, or the chairperson’s designee, may ATTACHMENT A 80
determine, prior to the change. It is the intent of the Legislature to revise this section during the 2023–24 fiscal year to reflect any changes necessary to achieve the intended legislative purpose.
(7) Unless otherwise specified in this section, funds allocated pursuant to this section shall be available for encumbrance through June 30, 2025, and expenditure until June 30, 2027.
(8) Unless otherwise specified, the funds appropriated in this section shall not be disbursed for any project prior to September 30, 2023. Future legislation may, but is not required to, specify further details concerning the manner of disbursement of these funds. (9) Funding provided in this section shall not be used for a purpose subject to Section 8 of Article XVI of the California Constitution. If the Department of Finance determines that any allocation would be considered an appropriation for that purpose, the funding shall not be allocated, and the department shall notify the Joint Legislative Budget Committee of that finding.
(10) The amounts specified in subdivisions (b) through (g), inclusive, are hereby appropriated from the General Fund as follows:
(d) To be allocated by the Department of Developmental Services as follows:
(2) $1,000,000 to the City of Stockton, for the City of Stockton – People/Adults with Intellectual Disabilities Vocational Opportunities.
ATTACHMENT A 81
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING ACCEPTANCE, ALLOCATION AND APPROPRIATION
OF GRANT FUNDS FROM THE CALIFORNIA DEPARTMENT OF DEVELOPMENTAL SERVICES, IN THE AMOUNT OF $1,000,000, FOR PEOPLE / ADULTS WITH
INTELLECTUAL DISABILITIES VOCATIONAL OPPORTUNITIES
On July 10, 2023, the Budget Act of 2023 (2023-24 California Budget Bill Jr.) was approved by the Governor; and
The California Department of Developmental Services, pursuant to the 2023-24 California Budget Bill, Jr., appropriated funds in the amount of $1,000,000 to the City of Stockton (Assembly Bill 102, Chapter 38, Statutes of 2023, Section 19.565 (d)(2); and The appropriated funds shall be used in accordance with the requirements of the grant agreement (Exhibit 1, attached and incorporated by reference) for vocational opportunities for opportunities for people/adults with intellectual disabilities; and The allocated funds are available for encumbrance through June 30, 2025, and expenditure until June 30, 2027; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City of Stockton accepts and appropriates funds in the amount of $1,000,000 from the California Department of Developmental Services.
2. The allocated funds are approved in accordance with the requirements of the Grant Agreement (Exhibit 1) for vocational opportunities for people/adults with intellectual disabilities.
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82 3. The City Manager is hereby authorized to enter into and execute any associated documents and take whatever actions are necessary and appropriate to carry out the purpose and intent of the Resolution, including contracts with the granting authority and subrecipients.
PASSED, APPROVED, and ADOPTED June 18, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
83 California Department of Developmental Services
Agreement - Allocation Notification and Award Letter
RECIPIENT NAME AND ADDRESS
City of Stockton
ADDRESS
CITY, CA ZIP
DDS ALLOCATION NUMBER
FY Bill No. Section
Number Provision
23-
24 AB 102 261 (d)(2)
Program Contact
Program Contact Name
Program Contact Email
contactname@xxx
Program Office Program Contact Telephone
(##) ###-####
Authorizing Legislation
Budget Act of 2023 (Section 19.565 (d)(2) of Assembly Bill 102, Chapter 38, Statutes of 2023)
ALLOCATION
DETAILS
Allocation Amount Award Date Award Ending Date
$1,000,000 July 10, 2023 06/30/2027
Pursuant to the authority referenced above, you have been awarded $1,000,000 for purposes of funding for the City of Stockton – People/Adults with Intellectual Disabilities Vocational Opportunities. (“Funded Purpose”). Funds allocated are available for encumbrance through June 30, 2025, and expenditure until June 30, 2027.
This award is made contingent upon the availability of funds. If the Legislature takes action to reduce or defer the funding upon which this award is based, then this award will be amended accordingly.
Please return the original (i.e., wet signature), signed Allocation Notification and Award to:
Frances Chacon
California Department of Developmental Services
1215 O Street, MS 9-90
Sacramento, CA 95814
E il F Ch CERTIFICATION OF ACCEPTANCE OF ALLOCATION REQUIREMENTS As Recipient’s Authorized Agent, I accept this Allocation and Award. By signing this Allocation and Award, I hereby certify and attest on behalf of the Recipient that the funds will be used for the purposes for which they have been appropriated and allocated and agree to comply with all requirements as a condition of funding.
Printed Name of Recipient’s Authorized Agent Title
E-mail Address Telephone
Signature
Date
Accepted by:
Signature of Department of Developmental Services, Title
Date
FOR DDS USE ONLY
Supplier ID Reporting Structure
Service Location Fund Appropriation Reference
Project and Activity ID for Fund 0890 Program ENY
EXHIBIT 1 84
Allocation Notification and Award (Continued)
General Requirements
By signing this Allocation Notification and Award, Recipient is certifying that it will use the allocated funds for the Funded Purpose
In addition, Recipient agrees to abide by the following:
• Recipient shall keep itself fully informed of and shall follow any applicable federal or state law relating to this Funded Purpose.
• Recipient shall maintain accurate fiscal data in accordance with generally accepted accounting principles and, where applicable, standards for governmental entities, documenting actual expenditures by category for the Funded Purpose.
• Recipient shall maintain documentation to substantiate that all costs are reasonable, necessary, allowable, and allocable to the Funded Purpose (e.g., invoices, receipts, agreements). • By accepting these funds, Recipient agrees and acknowledges this Allocation Notification and Award is subject to audit by the State, including but not limited to, DDS and the State Auditor, pertaining to the expenditure of funds provided. Upon request, the Recipient shall provide access to and copies of any records and supporting documentation pertaining to this Allocation Notification and Award. Recipient shall retain all records related to this Allocation Notification and Award for at least three years after Award Ending Date or where an audit has been requested, until the date the audit is resolved, whichever is longer. Recipient agrees to allow interviews of any employees who might reasonably have information related to such records.
• Recipient agrees to timely submit any forms required by the State, such as the Payee Data Record 204, to allow DDS to disburse the allocated funds.
• Recipient agrees to submit, upon request by DDS, reports related to the Funded Purpose of providing services and supports to individuals with developmental disabilities and their families. Such reports include, but are not limited to, any reports required by the Legislature, expenditure reports, and a closeout report. • Recipient agrees that this agreement is governed by and shall be interpreted in accordance with the laws of the State of California.
Reservation of Rights and Remedies
Nothing contained in this agreement shall constitute a waiver or relinquishment by the State of California of any rights and remedies provided by applicable state and federal law. Nothing in this agreement shall be deemed to limit any right of recovery that the State of California has under law.
EXHIBIT 1 85
City of Stockton
Legislation Text
File #: 24-0255, Version: 2
APPROVE SALE OF EXEMPT SURPLUS REAL PROPERTY LOCATED AT 435 DON CARLOS AVENUE
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing the filing of Notice of Exemption No. 37-23 under the California Environmental Quality Act (CEQA) for the disposition of exempt surplus real property located at 435 Don Carlos Avenue, APN 079-053-16.
2. Authorizing the disposition of the City-owned parcel located at 435 Don Carlos Avenue to Maurilio, Flora, and Luis Arroyo in the amount of $5,000.
3. Authorizing the City Manager, or designee, to execute the Purchase and Sale Agreement with Maurilio, Flora, and Luis Arroyo.
4. Authorizing the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Summary
The property located at 435 Don Carlos Avenue was acquired by the City of Stockton in 1966 for use as a water well and pressure tank that has since been removed and is no longer in use. An offer of $5,000 has been received from Maurilio, Flora, and Luis Arroyo, joint owners of the adjoining property. All City Departments were surveyed to determine the property as surplus, and City Council authorized the surplus designation on August 22, 2023 (Attachment A - Resolution 2023-08-22-1208).
Disposition of this parcel will allow the property to serve a useful purpose and provide revenue to the City. This action will allow for City-owned real property, which is unnecessary for present or prospective public use, to be eliminated from the maintenance program, thereby reducing future City costs. Staff recommends that the City Council adopt the proposed resolution for the disposition of real property located at 435 Don Carlos Avenue, APN 079-053-16, in the amount of $5,000 (Attachment B - Vicinity Map and Attachment C - Aerial Map).
DISCUSSION
Background
Administrative Directive HRD-02 (Attachment D - HDR-02) establishes standard procedures for the sale of real property belonging to the City. Specifically, the procedures allow all real property that is City of Stockton Page 1 of 3 Printed on 6/13/2024
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86 File #: 24-0255, Version: 2
surplus to the City’s present and anticipated future needs to be sold and serve a useful purpose, be returned to the active tax rolls, and provide revenue to the City’s General Fund. HRD-02 requires that any department that becomes aware that a City property is no longer necessary for use notify the Economic Development Department (EDD), which will explore the possibility of disposing of the property. EDD will initiate the process by circulating details about the property to all City Departments to determine if the property is excess property. Once the property is deemed excess, EDD submits the property to the City Manager, together with a recommendation that the property be declared excess and sold. The Council must approve the disposition of City real property.
The State of California’s Surplus Land Act (AB 1486) requires that the City send notices offering the property first to public agencies and any developers who have notified the California Department of Housing and Community Development (HCD) of their interest in developing affordable housing on surplus land. Public agencies and developers will have sixty (60) days to notify the City in writing of interest in purchasing or leasing any properties. Should the City receive notification from a party interested in acquiring or leasing the subject property, a 90-day good faith negotiation period begins to determine if a mutually satisfactory sales price and terms can be agreed upon. If the price or terms cannot be agreed upon after the good faith negotiation period, the land may be disposed of. If the City receives no inquiries, it may then list the subject property for sale or solicit proposals for development. Ordinarily, this process must be followed before the City can dispose of any Cityowned real property assets. However, because the subject property was deemed exempt surplus by Resolution 2023-08-22-1208, the City did not have to adhere to all noticing provisions of the Surplus Land Act.
The 435 Don Carlos Avenue property consists of approximately 0.04-acres of vacant land, is zoned RL (Low-Density Residential) and is a former well site.
Present Situation
In February 2021, City staff and Buyer agreed to a purchase price of $5,000 for the parcel. Given that the subject parcel is small in size and is not capable of independent development, staff believes $5,000 is a fair market valuation. The Buyer intends to incorporate the parcel into their adjoining residential property and pursue the potential construction of an Accessory Dwelling Unit (ADU).
NOTIFICATION
As required for the lease or sale of real property, a notice in accordance with the provisions of Article V, Section 510, of the Charter of the City of Stockton was published in the official newspaper of the City at least ten (10) days before such action is taken. A public notice was published in the legal notice section of The Record on June 7, 2024.
ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this activity/project regarding the sale of the property located at 435 Don Carlos Avenue, APN 079-053-16, is Categorically Exempt under CEQA Guidelines and is granted a “general rule exemption” under Section 15061(B)(3). In accordance with Section 65402 of the Government Code, it has been determined that this project or action conforms to the City’s General Plan designation for the site and with the General Plan Policy Document, as amended.
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87 File #: 24-0255, Version: 2
FINANCIAL SUMMARY
If approved by Council, and upon close of escrow of the property, the gross amount of $5,000, less closing costs, advertising, filing, and miscellaneous fees, will be deposited into 0000-000-520001-100 -000-00-00-000-000-, the Disposition/Fixed Assets/Sale of Fixed Assets Fund.
Attachment A - Resolution 2023-08-22-1208
Attachment B - Vicinity Map
Attachment C - Aerial Map
Attachment D - Administrative Directive HRD-02
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88 ATTACHMENT A
89 No. APN ADDRESS PARCEL SIZE PARCEL SQ FT. ZONING CURRENT USE NOTES SLA EXEMPT 1 079-053-16 435 Don Carlos Avenue 0.04 acres 1,904.86 sq ft RL - Low Density Residential Vacant Land Previous water well site X 2 151-310-12 E Scotts Avenue & E Taylor Street 0.17 acres 7,819.45 sq ft ROW - Right of Way Vacant Land Right of Way X3 155-300-02 Diamond & Worth 0.09 acres 4,000.10 sq ft IG - Industrial Vacant Land Previous water well site X4 169-020-11 1501 S Airport Way 2.53 acres 108,455.24 sq ft CG - Commercial Vacant Land5 169-030-13 1516 S Union Street 0.68 acres 28,949.40 sq ft CG - Commercial Vacant Land
CITY EXCESS PROPERTY
ATTACHMENT
A
90 City of Stockton, CA April 30, 2024
435 Don Carlos APN 079-05 3-16 - Vicini ty Map
Property Information
Property ID 07905316-94250
Location 435 DON CARLOS AV
Owner STOCKTON, CITY OF
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.
Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.
Critical layout or measurement
activities should not be done using
this resource.
1" = 440 ft
ATTACHMENT B
91 City of Stockton, CA April 30, 2024
435 Don Carlos APN 079-05 3-16 - Aerial Map
Property Information
Property ID 07905316-94250
Location 435 DON CARLOS AV
Owner STOCKTON, CITY OF
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.
Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.
Critical layout or measurement
activities should not be done using
this resource.
1" = 91.63800523889307 ft
ATTACHMENT C
92 CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HRD-02 Page No.1 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Dale: 9/1/02
Reviewed: 7/7/06
I. PURPOSE
To establish standard procedures for the sale of real property belonging to the City of Stockton in order to identify individual and departmental responsibilities.
II. POLICY
Real Property that is surplus to the City's present and anticipated future needs should be considered for sale in order that it may serve a useful purpose, be returned to the active tax rolls, and provide revenue to the City General Fund.
III. PROCEDURE
A. Any department, upon becoming aware that a property is no longer necessary for use, shall notify the Housing and Redevelopment Department (HRD) which will investigate the possibility of a sale. HRD shall initiate the process by circulating a sketch of the property to all City Departments to determine if it is excess to City needs and if any easements must be reserved for existing City utilities or future use.
B. Upon receipt of department responses and providing the property is not required for any City purpose, HRD shall submit a map of the property to the City Manager together with a recommendation that the property be declared excess and sold.
C. The City Manager shall advise the City Council that the property is excess and a sale will be attempted.
D. Upon declaration by the City Manager that the property is surplus, the Housing and Redevelopment Department, Real Property Section, shall:
1. Request the Public Works Department to prepare a map and legal description of the parcel. The legal description should contain a reservation of mineral rights below a depth of 500 feet.
ATTACHMENT D
93 CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HRD-02 Page No.2 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Dale: 9/1/02
Reviewed: 7/7/06
2. Obtain and place a "For Sale" sign on the surplus property.
3. Negotiate appraisal fee and order appraisal from a qualified independent appraiser. A qualified member of the Real Property Section staff may perform a staff estimate in cases where value is nominal or if otherwise directed by the City Manager.
4. Coordinate with appraiser to develop appraisal assumptions and limiting or special conditions.
5. Upon receipt or completion of the appraisal, conduct a staff appraisal review and have the appraiser make modifications or corrections, if necessary.
6. Submit a written appraisal review to the City Manager with recommendations for establishing a minimum sales price and the method of sale. The City Manager's execution and return of the approved appraisal review shall constitute authorization to proceed with the sale of the subject property.
7. Determine if the property is capable of independent development based on parcel size, frontage and setback requirements and provisions of applicable planning and zoning ordinances. a. If the property is not capable of independent development, it would first be offered to all adjoining property owners at the appraised value with the condition that any subsequent sale would require a lot merger of the subject parcel with the abutting owner's property. If more than one adjoining owner is interested in acquiring the subject property, the sale will be referred to the Finance Department, Purchasing Agent, to conduct a private bid sale between adjoining owners together with a recommendation for a minimum bid price (generally no less than 80% of appraised value). If no purchaser is identified by this process, the property would then be offered to the
ATTACHMENT D
94 CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HRD-02 Page No.3 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Dale: 9/1/02
Reviewed: 7/7/06
general public.
b. If the property is capable of independent development, notices offering the property for sale at current market value shall be sent to various public agencies pursuant to Government Code Section 54220, et seq. and if no purchaser is identified by this process, the property shall be offered for sale to the general public.
8. Sale to General Public.
a. When the subject property is capable of independent
development but not purchased by a public agency, and in those cases where the abutting owner(s) of property incapable of independent development are not interested in purchasing, the property shall be referred to the Finance Department, Purchasing Agent for sale to the general public. Such referral shall include documentation for the sale as appropriate, and a recommendation for either sealed bid or auction, based on the relative value of the property, the number of prospective purchasers, etc.
b. All written bids (including written bids submitted to qualify for oral bidding) shall be accompanied by a deposit of at least 10 percent of the amount of the bid in the form of a certified check, cashiers check or money order.
c. Upon completion of the oral bidding, the Purchasing Agent shall coordinate with the Real Property Section for execution of an Acknowledgment of Receipt of Earnest Money and Offer of Purchase by the successful bidder and the City. All contracts are to be approved as to form by the City Attorney's Office. d. Unsuccessful bidder's deposits shall be returned at the conclusion of oral bidding.
ATTACHMENT D
95 CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HRD-02 Page No.4 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Dale: 9/1/02
Reviewed: 7/7/06
e. If after reasonable market exposure no purchaser has been identified, HRD shall submit a memorandum to the City
Manager containing a recommendation for continued sales efforts or retention of the property.
9. Request environmental clearance for the sale of the property from the Community Development Department, Planning Division, including a request for a determination as to conformity with the General Plan.
10. Prepare a Council agenda report covering the proposed property sale and submit to the City Manager. The City Attorney shall prepare the required resolution.
11. Upon approval of the City Manager, send "Notice of Intention to Sell Real Property Interest" to the City Clerk for publishing in the legal notice section of the Stockton Record.
12. Process all documents required to close escrow or otherwise complete the sale. Deposit all proceeds of sale into General Fund Account No. 010-000-461.00.00. Notify the Purchasing Agent to transfer any deposits from the in-and-out trust account to the General Fund account and notify the Finance Department, Accounting Division of the sale.
13. Update city property index and file to reflect the sale.
E. For the sale of real property without bids:
1. The City Council may, by resolution, provide for the sale of real property without first calling for bids:
a. When the bid procedure as set forth in this directive has been used and no bids have been received; or
b. When it finds that such action will be in the best interest of the City.
ATTACHMENT D
96 CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
SUbject: Directive No. HRD-02 Page No.5 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Date: 9/1/02
Reviewed: 7/7/06
2. The resolution provided for in Section E(1) shall direct the City Manager to sell such property on the terms and conditions as may be specified by Council.
3. A deed, conveying the right, title and interest which the City may have in the property shall be given to the purchaser of any property sold pursuant to this Section, upon prior payment in cash, by certified check, by cashier's check, or by money order, of the full purchase price and any incidental expenses pertaining to the transaction.
APPROVED
J. GORDON P LMER, JR.
CITY MANAGER
::ODMAIGRPWISEICOS.CM.CM_Library:50801.1
ATTACHMENT D
97 Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE SALE OF EXEMPT SURPLUS REAL PROPERTY LOCATED AT 435 DON CARLOS AVENUE
Maurilio, Flora, and Luis Arroyo have offered to purchase City of Stockton-owned property located at 435 Don Carlos Avenue (APN 079-053-16) for $5,000; and The 0.04-acre property is vacant land that was a former well site, and an offer was received from the adjacent property owner; and
All City Departments have been surveyed to determine the property as excess; and The disposition of the subject property will allow it to serve a useful purpose, be returned to the active tax rolls, and provide revenue to the City; and The Community Development Department has determined that this action/project is exempt from the requirements of the California Environmental Quality Act (CEQA) and is granted a “general rule exemption” under Section 15061(B)(3); now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Manager is authorized to approve the filing of Notice of Exemption No. NOE 37-23 under CEQA, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. In accordance with section 65402 of the Government Code, this action has been determined to conform to the City’s General Plan Policy Document, as amended.
3. The City is hereby authorized to sell and convey to Maurilio, Flora, and Luis Arroyo a 0.04-acre site located at 435 Don Carlos Avenue, as more particularly described in the Purchase and Sale Agreement, which is attached hereto as Exhibit 2, and incorporated by this reference, and to settle all costs of every kind and description resulting from the disposition of said interest in real property. //
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98 2
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 June 18, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
99 MEMORANDUM
July 13, 2023
TO: Amanda Thomas, Real Property Agent
Economic Development Department
FROM: Nicole D. Moore, LEED-AP, Contract Planner
Community Development Department
SUBJECT: CEQA NOE 37-23 – EXCESS CITY PROPERTY
The Community Development Department received a request to review the above-referenced project for conformity with the Stockton General Plan and make an environmental determination pursuant to the California Environmental Quality Act (CEQA). The Applicant, the City of Stockton, has excess City property, at various locations within the City limits. Please see the attached memo for more information.
In accordance with Government Code §65402, the Community Development Department determines the project is in conformance with the Stockton General Plan. This determination is based on, but not limited to, conformance with General Plan Policy, LU-6.3 (Land Use) stating, “Ensure that all neighborhoods have access to well-maintained public facilities and utilities that meet community service needs.”
Concerning the California Environmental Quality Act (CEQA) determination, the Community Development Department concludes the project is Categorically Exempt under CEQA Guidelines and is granted a ‘general rule exemption’ under Section 15061(B)(3) since there is no possibility that the activity in question would have significant effect on the environment and the activity is no subject to CEQA. The project is also not subject to any of the exceptions to the use of a Categorical Exemption listed at CEQA Guidelines §15300.2.
Upon approval by City Council, the Economic Development Department is advised to complete the attached Notice of Exemption (Attachment B) and file it with the San Joaquin County Clerk Office to initiate a 35-day statute of limitations on court challenges. Please retain a copy of the original posted notice within the project file in the Economic Development Department project file.
By:
Nicole D. Moore, LEED-AP, Contract Planner
Attachments
Attachment A: Request and Project Location
Attachment B: Draft Notice of Exemption
EXHIBIT 1
100
MEMORANDUM
July 12, 2023
TO: Nicole Moore, Contract Planner
Community Development Department
FROM: Amanda Thomas, Real Property Agent
Economic Development Department
SUBJECT: EXCESS CITY PROPERTY
Please provide the appropriate environmental review for the above-referenced project as described below:
Project Title: Excess City property
Applicant: City of Stockton
Description/Location:
435 Don Carlos Avenue (APN 079-035-16)
E Scotts Avenue & E Taylor Street (APN 151-310-12)
Diamond & Worth (APN 155-300-02)
1501 S Airport Way (APN 169-020-11)
1516 S. Union Street (APN 169-030-13)
Also, please make the required determination as to conformity to the General Plan in accordance with Section 65402 of the Government Code. If you have questions regarding this request, please direct them to me at extension 7540.
AMANDA THOMAS
REAL PROPERTY AGENT
EXHIBIT 1
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CITY OF STOCKTON
NOTICE OF EXEMPTION
TO: COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Economic Development Dept.
Stockton, CA 95202 400 E. Main St., 4th Floor
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJECT DATA
Project Title: Excess City Property
CEQA Exemption File No.: NOE 37-23
Applicant: City of Stockton
Project Description/Location: The Applicant, the City of Stockton, has excess City property, at various locations within the City limits. Please see the attached memo for more information.
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The activity is not a "project" as defined in CEQA Guidelines Section 15378.
X The activity is exempt under the "general rule" at CEQA Guidelines Section 15061(B)(3).
The project is "Statutorily Exempt" per CEQA Guidelines Section: __________ The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).
BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
X The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
CARRIE WRIGHT, DIRECTOR July 13, 2023
ECONOMIC DEVELOPENT DEPARTMENT (DATE OF PREPARATION)
By
AMANDA THOMAS, REAL PROPERT AGENT (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
_________________________________________
Posting Period Ending Date
EXHIBIT 1
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EXHIBIT 2
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
This AGREEMENT made and entered into on ____________ by and between Maurilio Arroyo, Flora Arroyo, and Luis Arroyo (jointly and severally as "Buyer") and THE CITY OF STOCKTON, a municipal corporation in the County of San Joaquin, State of California ("Seller" or “City”)
IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. Seller agrees to sell and grant fee title to Buyer, and Buyer agrees to purchase from Seller, that certain real property located at 435 Don Carlos Avenue, City of Stockton, County of San Joaquin, State of California APN 079-053-16 ("Property") and described in Exhibit "A" attached hereto and incorporated by this reference, upon the terms and conditions set forth in this Agreement subject to those liens, encumbrances, conditions, restrictions, easements, and rights of possession of record.
2. The total purchase price to be paid by Buyer for the Property shall be the sum of FIVE THOUSAND DOLLARS ($5,000) (“Purchase Price”). Buyer will make a deposit of TWO THOUSAND DOLLARS ($2,000) into escrow within two (2) days of mutual execution of this agreement. Deposit to become non-refundable upon expiration of the due diligence period.
3. Buyer agrees to accept the Property in its present "as is" condition based upon Buyer's own independent investigation of the Property and condition of title. Seller makes no representation or warranty as to the Property's present condition or suitability for present or future uses.
4. Cost of documentary transfer taxes, if any, shall be paid by Seller. The Cost of the CLTA insurance, Escrow fees, and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. shall be paid in equal parts by Buyer and Seller. Buyer to be solely responsible for any additional ALTA owner’s coverage requested on the property.
5. Taxes, assessments, penalties, interest charges, delinquency charges, and municipal service charges of any kind levied upon or assessed against the Property in the Seller's name, except as otherwise expressly set forth herein, shall be paid by Seller to the date of recording.
6. For the purpose of conveying the herein described fee title to Buyer, Seller shall execute, acknowledge, and deliver a Grant Deed, for recordation with the San Joaquin County Recorder, to be used in accordance with this Agreement, upon completion by Buyer of all necessary conditions.
7. For the benefit of Buyer, the Close of Escrow and Buyer's obligation to consummate the purchase of the Property shall be contingent upon and subject to Buyer's approval of a Preliminary Title Report issued by Old Republic Title Company and Buyer 103
EXHIBIT 2
will have ten (10) days from the date of this Agreement to approve the Preliminary Title Report. Buyer will have forty-five (45) days from the date of this Agreement to perform its due diligence inspections and reviews. Buyer will have 10 days from the date of this Agreement to request due diligence items from Seller and Seller will have 10 days to deliver requested items in its possession.
8. The Close of Escrow shall be no later than the first business day occurring sixty (60) days after the date of this Agreement. Each party agrees to execute escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement.
9. Buyer acknowledges that if desired, it will perform its own due diligence inspections of the property and agrees to hold the Seller harmless as to the condition of any improvements located on the property at time of close of escrow. Buyer agrees that the information obtained from Seller or pursuant to any inspections completed by Buyer shall be kept in confidence and will not be revealed to outside parties other than lenders, principals, affiliates, or clients or as required by law or for valid business purpose of Buyer.
10. Buyer agrees to indemnify, save, hold harmless, and at City’s request, defend the City, its officers, officials, employees, and volunteers (together with Seller, the “Indemnitees”) from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Buyer’s performance hereunder, including any due diligence inspections performed or not performed under this agreement, or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of Seller. These obligations shall survive the termination of this Agreement.
11. Buyer shall, upon request by Seller, execute, acknowledge, and deliver such documents or take such action as may be necessary or convenient to carry out the spirit and intent of this Agreement.
12. Any notice which either party may or is required to give shall be in writing and given by personal delivery or mailing same by certified mail, return receipt requested, postage prepaid, to the other party at the address shown below or at such other place as may be designated by the parties from time to time, and any notice so mailed shall be deemed received on the third day after mailing.
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EXHIBIT 2
Buyer's address: Maurilio, Flora, and Luis Arroyo
423 Don Carlos Court
Stockton, CA 95210
Seller's address: City of Stockton
Economic Development Department
400 E. Main Street, Fourth Floor
Stockton, CA 95202
[email protected]
Escrow Holder: Old Republic Title Company
3425 Brookside Road, Suite C
Stockton, CA 95219
Attn: Diana Contreras
13. Time is of the essence of this Agreement.
14. This Agreement is subject to final approval of the City Manager of the City of Stockton.
15. If suit should be brought for any sum due or the enforcement or declaration of any obligation or right hereunder, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorney's fees.
16. This Agreement shall bind and inure to the benefit of the parties and their respective successors, heirs, executors, administrators, and assigns.
17. This agreement represents the entire and integrated agreement between Seller and Buyer and supersedes all prior negotiations, representations, or agreements, either written or oral. This agreement may be amended only by written instrument signed by Seller and Buyer.
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EXHIBIT 2
18. The undersigned represent and warrant they are duly authorized to execute the Agreement and to bind the parties.
"SELLER" "BUYER"
CITY OF STOCKTON
By:
___________________________ ___________________________ HARRY BLACK Maurilio Arroyo
CITY MANAGER
By:
___________________________
Flora Arroyo
By:
___________________________
Luis Arroyo
APPROVED AS TO FORM AND CONTENT:
LORI M. ASUNCION, CITY ATTORNEY
By: ________________________
CITY ATTORNEY
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EXHBIT 2
EXHIBIT A
LEGAL DESCRIPTION
All that certain real property situated in the City of Stockton, County of San Joaquin, State of California, described as follows:
Lot “B”, as shown upon Map entitled Tract No. 378, San Ramon Terrace, as filed May 27, 1955 in Volume 14 of Maps and Plats, Page 53, San Joaquin County Records.
APN: 079-053-160-000
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City of Stockton
Legislation Text
File #: 24-0517, Version: 1
RESOLUTION AUTHORIZING AN AGREEMENT WITH ANCHOR QEA, LLC TO PROVIDE
CONSULTANT SERVICES FOR THE MAINTENANCE DREDGING OF BUCKLEY COVE INLET
RECOMMENDATION
It is recommended that the Stockton City Council adopt a Resolution:
1. Authorizing the City Manager, or designee, to execute an agreement with Anchor QEA, LLC (Exhibit 1 to the proposed Resolution), in the amount not to exceed $489,801 to provide consulting services for the maintenance dredging of the inlet located at 4911 Buckley Cove Way.
2. Authorizing a budget amendment to appropriate additional funds from the Boat Launching Facilities fund balance in the amount of $189,801;
3. Finding an exception to the competitive bidding process pursuant to SMC Section 3.68.070 through use of a competitive request for proposals; and
4. Authorizing the City Manager, or designee, to take all appropriate actions to carry out the purpose and intent of the Resolution.
Summary
Approval of this Resolution will authorize the City Manager, or designee, to execute an agreement with Anchor QEA, LLC, to provide consulting services for maintenance dredging of the inlet at Buckley Cove Boat Launch, located at 4911 Buckley Cove Way. This Resolution will also authorize appropriation of $189,810 from the Boat Launching Facilities fund balance for this project.
DISCUSSION
Background
The property located at 4911 Buckley Cove Way has an inlet with two adjacent properties (Riverpoint Landing and Pacific Boat Services), which have many boat slips and several floating docks for recreational boaters. Over the years, sedimentation has accumulated in this shared channel, significantly reducing water depths and impeding navigation for vessels. This sedimentation has reduced the passable water level posing a risk to these properties and boaters by limiting the number of slips that can be utilized as well as affecting recreational activities in the area. Additionally, these shallow waters hinder access for emergency response vessels, potentially compromising public safety. In response to these challenges, the City has plans for a two-phase dredging project of this shared channel. Dredging is a process that involves the removal of accumulated sediments from the City of Stockton Page 1 of 3 Printed on 6/13/2024
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File #: 24-0517, Version: 1
bottom of water bodies to restore navigational depths and maintain ecological balance. The proposed dredging project at 4911 Buckley Cove Way aims to mitigate the impacts of sedimentation and enhance the overall health and usability of the waterfront area.
Present Situation
The inlet at 4911 Buckley Cove Way has not been dredged in at least 25 years. Without the dredging of this cove, sedimentation levels will reach a point where water depths are insufficient for safe navigation, particularly during low tides. Additionally, recreational boating activities will become restricted, impacting the local economy and diminishing the quality of life for residents and visitors.
On November 13, 2023, the City released an RFP (PUR 24-015) requesting consulting services of an engineering company that will assist the City in completing the permitting process and management of the dredging project. In total, two (2) proposals were received on December 14, 2023. A selection panel including representation from the Economic Development Department, Riverpoint Landing, and Pacific Boat Services reviewed and scored the proposals. Based on the scoring, Anchor QEA, LLC was selected as the consultant for this two-phase project.
The execution of this project will efficiently address the sedimentation issues while minimizing disruption to the surrounding community. Phase 1 will focus on initial sediment studies, permit processing with state and federal governments, and project planning, while Phase 2 will involve maintenance dredging to sustain these benefits over time.
The following findings justify and support the exception to competitive bidding, as stated under SMC Section 3.68.070:
1. Due to the specific nature of the project and industry, use of the RFP process is appropriate since it relies on evaluation of a service provider’s established professional experience, conduct, and performance as it relates to maintenance dredging of a recreation water inlet.
2. The project involves a specialized field, and its success requires an experienced professional who has successfully implemented and performed such services.
Based on the above facts, staff recommends the award of the attached agreement to Anchor QEA, LLC to provide consulting services and project oversite for the maintenance dredging of Buckley Cove.
FINANCIAL SUMMARY
The project expenses for this two-phase project will be processed through Capital Project No.
EV22601. There is currently budget in the amount of $300,000 in the CIP project. An additional appropriation from the boat launching facilities fund balance, in the amount of $189,801, is needed to complete this contract award. The anticipated project cost is $376,801, with an additional $113,000 added in contingency funds for potential unknowns (such as bank issues in the dredging area). The contract will be issued for a not to exceed amount of $489,801.
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File #: 24-0517, Version: 1
Part of the scope requirements in the Anchor contract includes the development of the construction bid document required to issue and receive bids for the actual dredging construction work. The full dredging construction phase of the project is estimated to be between $2 Million and $3 Million dollars. Funding for the overall project will be shared between the City and the two neighboring properties, River Point Landing and Pacifica Boat Services. Both neighboring properties have fiscal responsibilities to dredge this inlet as part of their lease agreements with the City. Riverpoint will participate in the cost to dredge the water inlet to the three properties along the shore at one-third (1/3) of total cost, up to $1,000,000; ($500,000, if full project cost is less than $2.5M). Pacific Boat Services will be required to contribute a one-third share of the full cost of dredging the inlet, but not to exceed $500,000. Payment will be made to the City on a percent to completion basis, during the project.
Once construction dredging bids are received, a contract will be brought to Council for award along with the details of how payments will be made, including from the neighboring partners.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING AN AGREEMENT WITH ANCHOR QEA LLC, TO
PROVIDE CONSULTANT SERVICES FOR THE MAINTENANCE DREDGING OF
BUCKLEY COVE INLET
The inlet at 4911 Buckley Cove Way has not been dredged in at least 25 years.
Without the dredging of this cove, sedimentation levels will reach a point where water depths are insufficient for safe navigation, particularly during low tides. Additionally, recreational boating activities will become restricted, impacting the local economy, and diminishing the quality of life for residents and visitors; and On November 13, 2023, the City released an RFP (PUR 24-015) requesting consulting services to an engineering company that will assist the City in completing the permitting process and management of the dredging project. Anchor QEA, LLC was selected to complete this project; and
The execution of this project will efficiently address the sedimentation issues while minimizing disruption to the surrounding community. Phase 1 will focus on initial sediment studies, permit processing with state and federal governments, and project planning, while Phase 2 will involve maintenance dredging to sustain these benefits over time; and Council appropriated funding for the Buckley Cove Dredging Project through the FY2021/22 Capital Improvement Budget ($150,000, Reso. 2022-06-21-1601) and FY2022/23 Capital Improvement Budget ($150,000, Reso. 2023-06-20-1601); and This investment will maintain the ability to use the inlet, boat slips and launch, continuing recreational water experiences for the community, and supporting the local boating community and related businesses, and; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Authorizing the City Manager, or designee, to execute the agreement with Anchor QEA, LLC in the sum of Four Hundred Eighty Nine Thousand Eight Hundred One Dollars ($489,801) (attached as Exhibit 1, incorporated by reference), to provide consulting and project oversite services.
2. That pursuant to SMC section 3.68.070 this contract may be awarded without competitive bidding, as the contractor was selected through a solicitation for competitive proposals.
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3. Authorizing a budget amendment to appropriate additional funds from the Boat Launching Facilities fund balance in the amount of $189,801.
4. The City Manager, or designee, is authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED June 18, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
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'CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton ("City"} and I Agreement Number:
Anchor QEA, LLC ("Contractor"} to provide Engineering & Permitting Services as set forth in Exhibit A to this Agreement.
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: Terminates on:
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $ !489,801 I
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a} Exhibit A- Statement of Work
(b} Exhibit B - Insurance
(c} Exhibit C- General Terms & Conditions
(d} Exhibit D - Professional Services Special Terms & Conditions (e} Exhibit E - Compensation Schedule
(f} Exhibit F - Timeline
(g} Exhibit G- Special Funding Terms & Conditions ARPA (lfappllcablecheckbox)YES D IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
Anchor QEA, LLC
Co ractor's Name (if other than an individual, state whether a corporation, partnership, etc.}:
John Laplante, PE, Principal Engineer
Printed Name and Title of Person Signing
33 New Montgomery Street, Suite 1210, San Francisco, CA 94105 Address
Harry Black, City Manager
ATTEST:
Eliza R. Garza CMG, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
(Rev. 10.27.22)
CITY OF STOCKTON
1 Date
EXHIBIT 1 113
1. 2.
Project Objectives
EXHIBIT A
STATEMENT OF WORK
1.1 Engineering and permitting consulting services for Buckley Cove dredging project.
Project Scope
2.1 The project includes the engineering and permitting consulting services for the maintenance dredging of Buckley Cove where dredging of the inlet covers multiple areas with floating docks and boat slips. Buckley Cove's description for purposes of this project includes approximately
0.9 miles of waterway, surrounded to the North by the shoreline near Brookside Road (APN No.'s 07115013 and 07115004), bordered to the south by the shoreline of ANP No. 11820001, to the West by the San Joaquin River (Deep Water Channel), and to the East the project will end approximately at the eastern end of APN No. 11820001.
2.2 Additionally, the scope of the project will consist, but not be limited, to the following components:
2.1.1. Engineering support services during State and Agency permitting process, contractor proposal phase, contract award, dredging, and project closeout. The support services include but are not limited to:
2.1.1.1. Assessment of project needs, listing and description of project tasks, and project schedule tying to tasks.
2.1.1.2. Preparation and guidance of all requirements to obtain and maintain required permits for dredging of inlet area.
2.1.1.3. Preparation of an Initial Study and Mitigated Negative Declaration (IS/MND) in support of placing material at the proposed disposal location.
2.1.1.4. Review of pre-dredge survey.
2.1.1.5. Condition and post-dredge hydrographic surveys at dredging location along with topographic surveys at the disposal location.
EXHIBIT 1 114
2.1.1.6. Preparation of dredging plans, technical specifications, and Reclamation District engineering requirements.
2.1.1.7. Construction oversight
2.1.1.8. Post-construction reporting and project closeout.
2.1.2. Prepare the project plans and technical specifications for the proposed dredging project, which will be reviewed by the City prior to final design.
2.1.2.1. The final design submittal will include the hydrographic survey, all required permits, and any required testing or other permit conditions imposed by the agencies as part of the project.
2.1.2.2. The Condition survey will be used to design the dredge template, size the disposal area, and calculate disposal area levee heights.
2.1.3. The condition hydrographic survey, as well as the pre-dredge and post-dredge surveys will be for the fairways and main inlet area of the Main Channel, including the lead line surrounding the adjacent slips.
2.1.3.1. A topographic survey of the proposed disposal location will be performed to determine current site elevations as part of the upland disposal site design features.
2.1.3.2. Conduct pre and post-dredge hydrographic survey, which will be required to calculate the amount of material
dredged from the Marina and placed at the upland
disposal site.
2.1.3.3. Include final dredging quantities in a final report to the regulatory agencies.
2.1.3.4. Perform a final post-placement topographic survey of the upland disposal site, to show final elevations of the
dredge material after completion of dredging. The postplacement topographic survey will take place either after the dredge material is moved from the disposal site or
blended into the field for agricultural use.
EXHIBIT 1 115
2.1.4. Contractor will assist in the solicitation process for all construction contractor activities, including but not limited to the following:
2.1 .4.1. Issuance of all bid documents to contractor.
2.1.4.2. Pre-proposal site meeting.
2.1.4.3. Respond to contractor questions.
2.1 .4.4. Issue of addenda, as necessary
2.1.4.5. Assist the City in review of Contractor proposals, award of the contract, and issuance of a Notice to Proceed
(NTP).
2.1.5. During the dredging phase, assist City with the review of all project technical submittals required of the dredging Contractor in accordance with contract plans, specifications, and permits.
Support services include, but not limited to:
2.1.5.1. Review of the pre-dredge survey
2.1.5.2. Address all Requests for Information (RFls) that may be submitted by dredging contractor.
2.1.5.3. Receive, verify, and maintain logs of
2.1.6. Contractor will provide construction oversight services during the construction phase. Outside inspection and testing, if required, will be performed by certified agencies and laboratories, and will be specified as the responsibility of the construction Contractor. Other observations responsibilities will include:
2.1.6.1. Daily observation of dredging operations during the course of construction.
2.1.6.2. Ensure submittal by the construction Contractor of daily work reports and weekly disposal site logs.
2.1.6.3. Maintain written and photographic logs of construction observations.
EXHIBIT 1 116
3. 2.1.6.4. Evaluate performance and progress.
2.1.6.5. Ensure all testing as required by permit conditions is being performed and the results submitted, as required
by regulatory agencies.
2.1.6.6. Verify all required final inspection signoffs by regulatory agencies.
2.1.6.7. Review progress and final payment requests and forward approved payment requests for processing by the City.
2.1.6.8. Issue Notice of Completion (and Notice of Substantial Completion, if appropriate).
2.1. 7. After Notice of Final Completion has been issued, Contractor will provide the following post-construction services:
2.1.7.1. On behalf of the City, prepare and submit the postdredge survey and final dredge quantity calculations to the regulatory agencies.
2.1.7.2. Ensure that all other project submittals, record documents, etc., have been submitted as required in the contract documents and permits, prior to release of final payment by the City.
2.1.7 .3. Verify all required final inspection signoffs by regulatory agencies.
2.1.7 .4. Assemble all record documents for permanent files.
2.1.7.5. Attend a post-construction meeting if one should occur.
Specifications
3.1 Contractor will perform the work and provide the services in accordance with Section 2, Project Scope, and as defined on Attachment A- Project Approach and Delivery.
3.2 Operating Requirements and Conditions
3.2.1 The following outlines the conditions under which the Contractor will provide service:
EXHIBIT 1 117
3.2.1.1 Ambient Temperature: 20°F to 120°F
3.2.1.2 Humidity: 0% to 95% (non-condensing)
4. Major Deliverables
5. 4.1 Project Management
4.2 Surveying
4.3 Sediment Characterization
4.4 Permitting and CEQA Support
4.5 Dredging Design Documents
4.6 Engineering Support for the Solicitation Contractor Proposal Phase
4.7 Construction Observation and Engineering Support
4.8 Post-Construction Reporting and Project Closeout
Internal and External Standards and Guidelines
5.1 During the term of this Agreement, Contractor shall perform all services and prepare documentation in compliance with all local, state, and federal licensing, accreditation, and registration
requirements/standards, necessary for the performance of this Agreement and all other applicable federal, state, and local laws and regulations.
6. Criteria of Acceptance for Deliverables
6.1 City will review, inspect, and accept work performed as milestones tasks are completed, to ensure project continues to progress within the project schedule.
7. Notices
EXHIBIT 1 118
Pursuant to Exhibit C -General Terms and Conditions, Paragraph 15 - Notices, the mailing address for all required notices is as follows:
Contractor: Anchor QEA, LLC
Attn: Joshua Burnam
City: City of Stockton
Attn: City Manager
33 New Montgomery St, #120
San Francisco, CA 94105
8. Key Personnel
Joshua Burnam Principal-in-Charge
425 N. El Dorado Street
Stockton, CA 95202
AnchorQEA
Katie Federal & State Regulatory Permitting
Chamberlin Lead & California Environmental AnchorQEA
Quality Act (CEQA) Support
Chris Osuch Sediment Characterization Lead AnchorQEA
Jaclyn Gnusti QA/Q C Lead AnchorQEA
Megan Collins Project Manager AnchorQEA
Tina McCarty Managing Director of Events & City of Stockton Parking
10. Option to Renew.
The term of the Agreement may be extended up to two (2) years by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed five (5) years.
EXHIBIT 1 119
EXHIBIT B
INSURANCE
Insurance Requirements for Consultant Services - Dredging at Buckley Cove 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 appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
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Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read "City of Stockton, its officers, officials, employees, and volunteers." Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor's insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor's insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any EXHIBIT 1 121
endorsement that may be necessary to affect this waiver of subrogation, but this 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.
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Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5} years after completion of the contract of work.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3
rd Floor - HR
Stockton, CA 95202
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EXHIBITC
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent, per cent to task complete, and City reference number. Within thirty (30) days of receipt of Contractor's invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor's Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor's work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 /Rev. 10.30.18: Mod 05.08.23 RMI
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to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.
Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent. Notwithstanding the foregoing, Contractor may retain a copy of all documents in its files subject to the confidentiality provisions of this Agreement.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor's Status.
9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 (Rev. 10.30.18: Mod 05.08.23 RMl
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control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's personnel.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 3 /Rev. 10.30.18: Mod 05.08.23 RMl
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11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party's option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with the negligence, recklessness, or willful misconduct of Contractor and its employees or agents, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 /Rev. 10.30.18: Mod 05.08.23 RMI
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17. Licenses, Certifications and Permits. Prior to the City's execution of this Agreement and prior to the Contractor's engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor's services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.
21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
5 /Rev. 10.30.18: Mod 05.08.23 RMI
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24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City's nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that "no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance." (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor's business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
6 /Rev. 10.30.18: Mod 05.08.23 RM)
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29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
7 /Rev. 10.30.18: Mod 05.08.23 RMl
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EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 "Deliverable" means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions ("GTC") Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor's agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other 1 (Rev. 07.12.22)
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losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor's Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor's profession currently practicing under similar conditions. Contractor shall comply with the profession's standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City's rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C - GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed 2 (Rev. 07.12.22)
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basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. Personnel
6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor's officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor's compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.
7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
3 (Rev. 07.12.22)
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8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or infonmation which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor's possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities. 4 (Rev. 07.12.22)
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EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $489.801 (hereafter the "not to exceed" amount). The "not to exceed" amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.
Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City's needs. The City shall not pay a markup on any of the items listed in i, ii or iii.
Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City's travel policy, which is incorporated herein by reference.
Reimbursement shall be made at actual costs with no markup added to the actual cost.
1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the "not to exceed" amount is reached.
Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
1 (Rev, 10.30.18)
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1.4 If work is completed before the "not to exceed" amount is reached, the Contractor's compensation will be based on the Contractor's invoices previously submitted for acceptable work performed and approved.
1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed §_ %.
2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
Task Description Price
1 Project Management $ 36,582
2 Surveying $ 41,127
3 Sediment Characterization $ 96,386
4 Permitting & CEQA Support $ 61,204
5 Dredging Design Documents $ 53,310
Engineering Support for the Solicitation Contractor
6 Proposal Phase $ 10,314
7 Construction Observations & Engineering Support $ 62,637 8 Post-Construction Reporting & Closeout $ 15,241
Sub-Total $ 376,801
Contingency $ 113,000
Total Cost $ 489,801
3. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.
3.1 Attachment B - Anchor QEA Billing Rates
4. Additional Fees. Should an amendment to the Agreement be issued for additional services that require the following items, the unit prices are as follows:
Title Unit Price
N/A N/A
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5. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work producUdeliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:
City of Stockton Economic Development Department
Attention: Events & Parking
425 N. El Dorado Street
Stockton, CA 95202
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EXHIBITF
TIMELINE
1. Contractor shall complete the requested services identified in Exhibit A as follows:
1.1 TIMELINE FOR COMPLETION OF WORK
(Rev, 10.27.22)
1.1. 1 The time line for completion of work will be set by a schedule that will be approved by the City, prior to the commencement of the project. Any deviations from the timeline must be approved in writing by the City.
EXHIBIT 1 138
ITTA--CflMENT
PROJECT APPROACH AND DELIVERY
Project Understanding
Buckley Cove has naturally filled in with sediment and requires maintenance dredging to restore safe and navigable depths for vessels accessing the marina and City-operated boat launch. The Buckley Cove Boat Launch is the busiest water access ramp for public recreational use in the Stockton region, and Anchor QEA has personally launched our boat from these facilities on numerous occasions for various water quality monitoring projects in the San Joaquin River. We understand the value the marina and boat launch bring to the community, and we have excellent relationships with the agencies and project partners (e.g., Port of Stockton and dredging contractors) that will make this project a success.
Below is our understanding of the tasks required. We have included all of the City's requested services and provided suggestions on how to streamline relevant tasks based on our professional experience delivering similar projects in the Delta. We are open to further discussion and refinement if the City sees opportunities for enhancement of our proposed approach.
Project Management
Upon receiving Notice to Proceed (NTP), Anchor QEA would schedule a kick-off meeting with the City to discuss the project and to ensure a clear understanding of the City's needs. As requested in the Request for Proposals (RFP), we would review all available project materials and prepare a list of information needs and questions for the City based on our experience with common agency requests and permit requirements for discussion during the meeting.
This project management task will extend through the life of the project and will include periodic update meetings (biweekly as needed) and project management activities. Project management activities include project scheduling, coordination, communications, completing technical reviews and quality control, and tracking of scope tasks, timelines, and budgets. This task also includes our project-specific health and safety plan, which will ensure safe construction management practices and emergency preparedness.
Invoices will be prepared monthly for work conducted during the previous month. The invoice will include information regarding the amount previously expended on the project, amount expended during the current period, and amount remaining on the task order, as well as a description of what activities were performed. We assume monthly invoices, and all deliverables will be submitted in electronic format only.
Quality Management. Our team's QA/QC review will be led by Jaclyn Gnusti, who will ensure QA/QC on all project processes and deliverables. Anchor QEA's Quality Management Plan was developed in accordance with USEPA requirements for Quality Management Plans (USEPA/240/B-01/002). The Quality Management Plan establishes our QA/QC fundamentals, policies, and procedures and discusses the roles and responsibilities of all staff. We integrate project planning and QC into each phase of a project. We review each work
PROJECT MANAGEMENT PRINCIPLES
Provide Consistent Project Communication and Team
Coordination
• Communicate regularly with the City about the status of scope, budget, and tasks
• Conduct frequent check-ins with team members to foster cross-team coordination and quick� identify and address any challenges
• Troubleshoot potential issues with the project team and proactively develop strategies and solutions
Develop and Track Project and Task Schedules
• Establish a mutual understanding of the scope of work and schedule during the project kickoff meeting,
induding a specific understanding of deliverables and
project outcomes considering interim milestones
Proactively Manage the Budget
• Monitor budgets on a regular basis to ensure we
control costs, identify issues early, and directly
communicate solutions
• Complete a thorough review of the budget at the onset of each task
Ensure Quality and Consistency
• Apply a QC process with a focus on peer review and
senior oversight as well as editorial review by an inhouse technical editor product with the client throughout the process-preparing deliverable outlines, interim submittals, and progress updates-and set schedule milestones that ensure consistent communication. � "f,.ANCHOR \/..,,QEA�
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Deliverables:
• Kick-off meeting notes
• Monthly invoices
• Proposed project schedule
• Health and Safety Plan available upon request
p Surveying
After the initial project kick-off meeting, we will coordinate with the City, local stakeholders (as directed by the City), and our partner eTrac, Inc. (eTrac) to schedule and perform a hydrographic condition survey of Buckley Cove. The survey extents will include the fairways and main inlet area off the Main Channel, including lead line measurements surrounding the adjacent slips. eTrac will use its hydrographic survey vessel to conduct the multibeam/leadline survey and will calculate estimated dredge volumes to return the marina to authorized depth. Horizontal and vertical project control will be provided in survey notes sufficient to support hydrographic surveying, sediment investigations, and other geospatial activities.
Once the project transitions from engineering design and permitting to construction, eTrac will perform a pre-dredge survey prior to construction operations, and similarly a post-dredge survey verifying the contractor has met specified depths and overdepth tolerances.
Although suggested in the RFP, this task does not include pre-dredge and post-dredge topographic surveys of the Roberts Island Dredged Material Placement Site (DMPS), which is the assumed preferred material placement location, given its proximity to Buckley Cove and its fully permitted status to receive suitable material. Based on recent experience with the Port of Stockton operations, Anchor QEA can support negotiations with the Port of Stockton to acquire permission for use of the Roberts Island DMPS through a specified date, subject to a negotiated dollar per cubic yard tipping fee. The Port does not require topographic surveys of the upland site pre- and post-dredge placement. If the City prefers an alternative unnamed site, topographic surveys (not included in this proposal) would be required.
Surveys will be delivered in a gridded ASCII XYZ data file referenced to MLLW and will include volume calculations based on a dredge template approved by the City prior to commencement of the survey.
Deliverables:
• Hydrographic Condition Survey
• Hydrographic Pre-Dredge Survey
• Hydrographic Post-Dredge survey
• Volume Estimate for Dredging
A pre-dredge sediment characterization will be performed to determine the suitability of proposed dredge material for upland placement at the Port of Stockton's Roberts Island DMPS, located directly across the San Joaquin River from Buckley Cove. Roberts Island DMPS is an approximate 400-acre upland site owned and operated by the Port of Stockton, for which Anchor QEA has provided environmental planning and permitting support to the Port of Stockton since 2013. More recently we've supported the Port of Stockon with engineering construction and post-construction support and are familiar with the Roberts Island DMPS operations. Roberts Island DMPS's capacity is approximately 4 million cubic yards, which is much greater than the dredged sediment volume projected from Buckley Cove.
BENEFITS OF ROBERTS ISLAND DMPS
Capacity: Over 4 million cubic yards
Existing Site: Established site with straight forward
regulatory approvals
Familiarity: Streamlined approval process based on
previous experience
Placement at the Roberts Island DMPS requires a pre-dredge sediment characterization in accordance with Order No. RS-2022-0052 and Central Valley Regional Water Quality Control Board's (CVRWQCB) approval, as well as .., .-,.ANCHOR \/-QEA �
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approval from the Port of Stockton. As part of this task, Anchor QEA will develop a Pre-Dredge Sampling and Analysis Plan (SAP). The SAP will include procedures for sediment sample collection and handling, physical and chemical analysis, quality assurance and quality control, and data analysis. A project map with existing bathymetry, sampling locations, and composite areas will be included. Latitude and longitude coordinates, mudline elevations, and target core lengths will be provided for each sampling location. Historical data from previous sediment characterizations, If available, will be summarized. The SAP will include a project map with sampling locations. Prior to sampling, the SAP would be submitted to the CVRWQCB for approval.
Following approval of the SAP, field sampling will be conducted. Sediment cores will be collected using a vibracore to the proposed dredge depth plus overdepth. Our subcontractor, Leviathan Environmental Services, will provide the vibracore and vessel for core collection. Per Order No. RS-2022-0052, the number of sampling locations and composite areas is based on the proposed volume of dredged material. For costing purposes, we have assumed approximately 30,000 cubic yards (cy) of dredge material at Buckley Cove. If the actual volume is substantially higher or lower, the number of sampling locations and samples submitted for analysis will vary, resulting in an Increase or decrease in costs.
Based on this volume, sediment cores will be collected at six stations within three composite areas. In addition, a background sample will be collected from Roberts Island DMPS for comparison to project samples. Site water will be collected from the dredge site for Modified Elutriate Testing (MED requirements. individual core samples and 2-layer samples (representing newly exposed sediment surface) will be archived from each core. Archive samples will not be analyzed unless requested by the CVRWQCB.
In accordance with Order No. RS-2022-0052, pre-dredge testing will include sediment chemistry, leachate testing, and MET chemistry. This assumes that there Is the potential of decant or return water following placement at the upland placement site. If there is no return water, MET chemistry would not be required and testing costs would be reduced.
Sediment chemistry will include total solids, total organic carbon, grain size, and metals. Leachate will be extracted using the deionized water waste extraction test (DI-WED and analyzed for metals. MET and site water chemistry will include metals (including methylmercury and hexavalent chromium), PAHs, PCB Aroclors, organochlorlne pesticides, and organophosphorus pesticides. Chemical analysis will be performed by our subcontracted laboratory. Anchor QEA will perform data validation to ensure laboratory analyses meet the project data quality objectives.
Anchor QEA will prepare a Pre-Dredge Sediment Evaluation Report summarizing the results of the testing for the CVRWQCB approval. The report will detail test results with a comparison to appropriate screening levels, final sampling locations, and conclusions regarding the suitability of dredged sediment.
If the dredged sediment is not suitable for Roberts Island DMPS, Anchor QEA will provide an additional scope of work and cost proposal to evaluate alternate disposal locations (e.g., Montezuma Wetlands Restoration Project, upland landfill). It should be noted that Anchor QEA will be performing a pre-dredge sediment characterization for the Port of Stockton docks maintenance dredge program in spring 2024. If sampling could be aligned, this would result in potential cost savings associated with mobilization, demobilization, and background sample collection and testing.
Assumptions:
• Dredge volume is approximately 30,000 cy. (Note: this will be verified or adjusted based on Task 3 above, and the final volume could adjust costs if the assumed volume [not provided in RFP] is incorrect.) • Sediment will be placed at Roberts island DMPS.
• Sediment core sampling will take place at six stations within three composite areas. • Background soil sample will be collected from Roberts island DMPS. • Three composite samples will be submitted for bulk sediment chemistry. • Three composite samples and a background sample will be submitted for Di-WET. • Three composite samples and a site water sample will be submitted for MET.
Deliverables:
• Pre-Dredge Sampling and Analysis Plan (Draft and Final) • Pre-Dredge Sediment Evaluation Report (Draft and Final) ., j1.ANCHOR '1-,,QEAtt::::
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n Permitting and CEQA Support
Using the dredge design prepared in Task 5 and the results of the Task 3 sediment characterization, Anchor QEA will prepare the project description, which will be used in the regulatory permit applications for the project. The project description will detail the dredging area and volumes; proposed dredging methodology, approach, and equipment; dredge material placement approach, including location, sediment containment methods, and equipment; overall construction sequencing and timing; and avoidance and minimization measures to be incorporated into the project design.
As noted above, for the purposes of this proposal, we have assumed that dredged sediment will be placed at the Port of Stockton's Roberts Island DMPS.
Compliance with CEQA. We understand that the City expects to need to prepare an Initial Study/Mitigated Negative Declaration (IS/MND) to clear the proposed DMPS to be used as part of the project as well as the maintenance dredging. However, based on our extensive experience permitting these types of projects, including projects that place sediment at the Roberts Island DMPS, we understand that these projects can potentially be cleared through a California Environmental Quality
POTENTIAL COST SAVINGS
CEQA exemption can potentially be obtained if
maintenance related material is place at an existing
site, such as Roberts Island DMPS.
Act (CEQA) exemption, provided that all dredging is maintenance-related and the sediment is placed at an existing site, such as the Roberts Island DMPS.
If a new area is selected by the City as the placement site for this project, then preparation of an IS/MND would likely be required, and Anchor QEA will prepare an additional scope of work and cost proposal to prepare an IS/MND that is tailored to the selected site's size, characteristics, and expected extent of environmental impacts.
Resource Agency Permits. We will prepare and submit a draft version of the project description, including figures and graphics to portray details where relevant, for the City's review. After addressing comments, we will prepare a final version of the project description for use in subsequent documentation.
Anchor QEA will use the project description to prepare permit applications for submittal to state and federal regulatory agencies with jurisdiction over the project. We expect that the following permits or approvals will be required for the project:
• Clean Water Act Section 404 Permit/Rivers and Harbors Act Section 10 Permit from the U.S. Army Corps of Engineers (USACE) Sacramento District
• ESA Section 7 concurrence letters from the National Marine Fisheries Service (NMFS) and U.S. Fish and Wildlife Service (USFWS)
• National Historic Preservation Act Section 106 concurrence letter from the State Historic Preservation Officer • Section 401 Water Quality Certification and coverage under Order No. RS-2022-0052 from the CVRWQCB • Section 1600 Lake and Streambed Alteration Agreement from the California Department of Fish and Wildlife (CDFW) Pre-application coordination is required with the CVRWQCB but could be expanded to include other agencies as well. If the City is open to it, an effective tool to streamline the permitting process is to hold a pre-application agency meeting.
This proposal assumes one agency pre-application meeting will be conducted, including either just the CVRWQCB or a suite of additional agencies. Anchor QEA will give a short presentation on the project description and permit application submittal timing.
To obtain the required state and federal permits and approvals, Anchor QEA will prepare the following documents:
• Permit application forms and a memorandum containing supplemental information that will be needed for permit issuance but cannot easily fit into the agency form templates • A brief cultural resources memorandum to support USACE's consultation with the State Historic Preservation Officer • A biological assessment to support USACE's consultation with NMFS and USFWS .., '/.. ANCHOR
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• A brief analysis of the alternatives considered for the project, which will be required by USACE for Issuance of its permit
• A CEQA exemption support memorandum
- The project is required to comply with CEQA; however, maintenance projects such as this can typically meet the criteria for a CEQA categorical exemption in accordance with CEQA Guidelines Sections 15301 (d) and 15304(9).
Anchor QEA will prepare a brief CEQA exemption support memorandum to document how the project meets the criteria for a categorically exempt project per the CEQA Guidelines as well as a Notice of Exemption (NOE) form for the City to process.
Anchor QEA will prepare draft versions of the documents listed above for review by the City. After addressing comments, we will prepare final versions of each document and submit them to the respective agencies for review and processing.
After submitting applications, Anchor QEA will remain in close contact with the regulatory agencies issuing permits or approvals for the project. We will respond to agency comments, inquire regularly for status updates, and coordinate with agency points of contact as needed through issuance of permits. We will review all permits issued to ensure that their conditions are feasible.
Assumptions:
• Anchor QEA will develop draft and final versions of the project description. Anchor QEA will address one round of comments from the City on the project description.
• Anchor QEA will coordinate and lead an agency pre-application meeting. • Anchor QEA will prepare draft and final versions of the permit applications, cultural resources memorandum, biological assessment, alternatives analysis memorandum, CEQA exemption support memorandum, and NOE form.
Anchor QEA will address one round of comments from the City on each document. • A dredging lease from the California State Lands Commission (CSLC) is required to dredge state-owned tidelands.
For purposes of this proposal, Anchor QEA has assumed that the tidelands at the project site are owned by the City, in which case no CSLC coordination is required. If the tidelands are under CSLC ownership, Anchor QEA can submit a separate cost proposal to support the City with obtaining approval to dredge CSLC-owned tidelands. • Biological surveys or fieldwork are not included in this scope of work. • No dredging will occur within the federally maintained Stockton DWSC. • Dredging will occur within the established in-work window (August 1 through November 30). • The project will be found to be categorically exempt under CEQA. Should the City or a state agency require preparation of an IS/MND, additional costs would be associated with that effort. • An Incidental Take Permit (ITP) from CDFW will not be required because the project will not result in the "take" of state-listed special status species. By working within the established window, constraining the project to previously dredged areas, and by minimizing the upland footprint of the project through using an established placement site, an ITP should be avoidable; however, if CDFW determines that the project requires an ITP, costs would increase. • The project will not result in fill of wetlands.
• The project will not require compensatory mitigation for impacts due to its maintenance nature. • The City will provide proof of legal interest for the permit applications. • Anchor QEA will respond to agency comments on the permit applications. • Anchor QEA will attend up to 1 O conference calls with agency staff, if needed. • The City will be directly responsible for all permit fees.
Deliverables:
• Project Description
• Permit Applications Forms and Supplemental Information Memorandum • Cultural Resources Memorandum
• Biological Assessment
• Alternatives Analysis
• CEQA Exemption Support Memorandum and NOE Form
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g Dredging Design Documents
Under this task, Anchor QEA would prepare draft 60%, draft 90%, and final 100% dredging design documents. The design documents would include drawings, technical specifications, and a basis of design memorandum including an opinion of probable costs. Design development would include evaluating dredging production rates, construction timelines, and potential dredging phasing options. The development of these documents would occur concurrently with the sediment investigation processes and permitting efforts to the extent feasible.
The design drawings will depict the site features necessary to inform a dredging contractor of existing site conditions, including site bathymetry; existing shorelines, docks, marine features, and structures; site mooring areas and access restrictions (if any); required dredging template (i.e., extents and limits of dredging); dredging side slopes; allowable overdepth limits; and typical cross sections. We would request any existing as-built or similar drawings from the City, including dock or ramp infrastructure, existing or abandoned utilities, or similar. We assume the drawing package will include up to seven sheets.
It is assumed that the dredging will be performed using hydraulic cuttersuction dredge equipment and that the sediment will be pumped via pipeline to the nearby Roberts Island DMPS. Because the Port of Stockton does not require topographic surveys of Roberts Island DMPS, the design drawings will not include a topographic map of the Roberts Island DMPS; however, the drawings will schematically identify the
EFFICIENCY, COMPLIANCE, AND
COLLABORATION
Concurrent design and permitting: Developing the dredging design documents concurrently with the sediment
investigation and permitting processes allows things to move forward efficiently rather than waiting for one phase to fully complete before starting the next.
Customized technical specifications: Preparing customized technical specifications for the dredging and sediment
placement will help ensure compliance with all permits and environmental restrictions.
Two review stages: Providing both 60% and 90% draft design documents for the City's review gives multiple touchpoints to ensure the final design meets their needs.
Electronic deliverables: Submitting deliverables in electronic format only is more efficient and environmentally friendly.
Incorporation into City bid package: Developing the technical specifications to integrate smoothly into the City's standard bidding package reduces effort for the City.
Roberts Island DMPS site relative to the dredge area. The drawings will also direct the contractor to comply with all USACE and Port of Stockton requirements for anchoring a pipeline across the Stockton DWSC, as well as Roberts Island DMPS material placement regulatory requirements (including maintaining a minimum freeboard within the DMPS).
The design drawings will be accompanied by a brief basis of design memorandum summarizing the project, estimated dredge volume, and opinion of probable cost. The design drawings, basis of design memorandum, and technical specifications described below will be the basis for the regulatory permit applications.
The technical specifications will include detailed requirements for dredging and placement of sediment at the Port of Stockton's Roberts Island DMPS, in compliance with all permit conditions and environmental restrictions included in the permits. Technical specifications will be prepared using Anchor QEA's standard format. Should the City request that technical specifications be prepared in another format, we ask that the City-provided technical specifications be provided early in the design process (within 2 weeks after the kick-off meeting) to conduct the work most efficiently.
Anchor QEA will follow City and Reclamation District engineering requirements as provided by the City. The technical specifications will be prepared in a manner to be incorporated into a standard bid package provided by the City, which is anticipated to include the City's Standard Agreement, Contract Terms (including bonding requirements, payment provisions, and insurance requirements), and General Conditions. Anchor QEA can assist City engineers with preparation of the Notice to Bidders, as described in Task 6 Engineering Support for the Solicitation Contractor Proposal Phase.
We will submit a draft 60% set of design documents to the City for review and discussion, followed by a draft 90% set for City review, followed by a final 100% set signed and stamped for bid solicitation. This provides the City with two opportunities for review of the documents prior to finalization. We assume that all deliverables will be submitted to the City in electronic format only.
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Assumptions:
• The City will provide upland and shoreline topographic survey information including location and geometry of adjacent structures, and overwater structures, such as docks and piles, in an AutoCAD-compatible format. • The City will provide sufficient information regarding site conditions, access routes, the presence and location of utilities, and timing and nature of facility operations that may affect, or be affected by, the dredging. If sufficient information is not available regarding the above points, then additional data gathering may be required to adequately identify site conditions, which may require additional effort by Anchor QEA and cost. • The proposed dredging depths will not exceed the original design depths alongside structures and guide piles at the site. We have therefore assumed that it will not be necessary to analyze the stability of existing offshore and nearshore structures.
• Dredged sediment will be placed at the Port of Stockton's Roberts Island DMPS located immediately across from Buckley Cove. If sediment material testing results indicate that the material does not meet the DMPS criteria, Anchor QEA will support the City to create design documents with an alternative disposal location at additional cost.
Design of a shoreside offloading or staging area is not included in the proposed design effort. • Anchor QEA will attend up to two meetings (virtual or in person, as appropriate) with the City during the design process (one review meeting of the draft 60% design documents and one review meeting of the draft 90% design documents).
• Any City-requested changes to the draft 90% design documents and the stamped 100% design documents will be minor in nature, such as grammar correction or formatting. No material changes to the project will be incorporated at this phase.
• The City will provide all existing CAD files and available bidding and construction documents from previous dredging events to streamline efforts during design.
Deliverables:
• Draft 60% Design Documents (including drawings, technical specifications, basis of design memorandum including opinion of probable cost)
• Draft 90% Design Documents (including drawings, technical specifications, basis of design memorandum including opinion of probable cost)
• Final 100% Design Documents (including stamped drawings, technical specifications, basis of design memorandum including opinion of probable cost)
Engineering Support for the Solicitation Contractor Proposal Phase
Under this task, Anchor QEA would support the City with management of a competitive bid process. This process would include preparation of bid documents (e.g., bid form with estimates of payable dredge quantities, subdivided according to different dredging areas), assistance with transmitting the bid request to invited contractors, managing a site visit and pre-bid meeting for prospective bidders, collaborating with City engineers to respond to bidders' questions, preparing an addendum or addenda (if needed), reviewing and evaluating technical approach and fees of the bids, and making a recommendation of the best qualified dredger for award by the City. Anchor QEA will assist the City issuing the NTP to the selected bidder.
Deliverables:
• Pre-Bid Meeting Agenda
• Response to Bidders' Questions
• Addenda Preparation
• Brief Bid Evaluation and Recommendation
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Construction Observation and Engineering Support
Once dredging activities have started, Anchor QEA will act as the City's representative for oversight of the dredging contractor. Due to the uncertain dredge volume and sediment characterization results, the duration of construction activity is unknown. The City has requested daily observation of dredging operations during the course of construction, which Anchor QEA is capable of and willing to support. For purposes of this proposal, we have assumed a total of 20 consecutive working days of construction observation, with the understanding that if the construction duration varies significantly in length in either direction (+/- 2 days or as agreed upon with the City), Anchor QEA will provide a daily rate of approximately $1,700 for adjustments and/or will discuss with the City how to realign the desired observation frequency (e.g., daily, weekly, biweekly) to match available funds.
Anchor QEA's construction oversight will include the following efforts:
• Participate in a pre-construction meeting with the contractor to review construction requirements, expectations, lines of communication, construction logistics, permit compliance, and other issues relevant to the construction process.
• Coordinate and review the pre-dredge survey to be conducted by eTrac. • Plan and participate in weekly meetings to discuss project progress; review contractor work reports, disposal site logs, schedule and coordination needs; review any project issues and create a resolution plan; and review minutes prepared by the contractor.
• Perform site visits by Anchor QEA staff for a total of 20 consecutive working days, and to the extent desired by the City. During that time, observations will be made of the contractor's overall work quality and compliance with design documents, approved submittals, and regulatory conditions. Photographs will accompany site visit logs. • Review, verify, and maintain the contractor's progress surveys to review compliance with construction schedule and requirements and to develop recommendations for progress payment. Respond to contractor's questions and formal Requests for Information, including in-the-field resolution of minor issues to circumvent change orders due to obstructions or other unanticipated conditions.
• Assist with negotiations should unanticipated conditions warrant a change order. • Confirm eTrac's final payment quantities from the post-dredge survey, as outlined in the technical specifications. • Coordinate with the resource and regulatory agencies on behalf of the City for all construction submittals, including Notice to Mariners, pre- and post-dredge surveys and volume reports to agencies as required by the permits, and any construction incident reports should incidents occur. • Assist the City with preparing ongoing updates of dredging status for tenants, as requested.
Additional budget for this task may be required if unforeseen events occur, such as significant and unanticipated modifications to the regulatory approvals, or if there are unanticipated field conditions, such as excessive debris or highly consolidated materials.
Assumptions:
• A total of 20 working days of construction observation will be provided. If the construction duration varies significantly in length in either direction (+/- 2 days or as agreed upon with the City), Anchor QEA will provide a daily rate for adjustments and/or will discuss with the City how to realign the desired observation frequency (e.g., daily, weekly, biweekly) to match available funds.
• Contractor will perform water quality monitoring required by the permits. If the City prefers Anchor QEA to conduct the sampling, we will provide a written scope and budget request to cover Anchor QEA boat mobilization/demobilization, utilization, labor, and equipment.
Deliverables:
• Agendas for Coordination Meetings/Calls
• Materials and Environmental Training with Contractor (as required by permits) • Daily Construction Inspection Forms per Site Visit
• Up to 10 Total Responses to Contractor Schedule, Payment, Technical, Health and Safety, and Change Order Submittals
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Post-Construction Reporting and Project Closeout
Following the conclusion of dredging, Anchor QEA would assist the City with overseeing contractor demobilization from the site and reviewing and approving completion of any noted deficiencies prior to final pay request approval. The primary task would be developing and filing the required Dredging Operations Report with USACE on behalf of the City.
Additional specific tasks would include the following:
• Review and approve the contractor's final post-dredge surveys and final payment request. • Assist the City with final fee payments (volume-based) to the regulatory agencies, as required. • Assist the City with inspection of the contractor's demobilization and final cleanup of the worksite. Attend one postconstruction meeting. • Act as a liaison between the City and the contractor during demobilization. • Verify that all requirements of the permits and design documents were met by the contractor. • Oversee post-construction submittals, including post-dredge surveys and volume reports to regulatory agencies, as required by the permits.
• Verify all required final inspection signoffs by regulatory agencies. • Support the City in issuing Notice of Completion after approval.
Deliverables:
• Up to 10 Total Responses to Contractor's Post-Dredge Submittals • Post-Dredge Survey and Final Dredge Quantity Calculation Submittal to Agencies • Package Assembly of all Record Documents for City's Permanent Files .., ..-,..ANCHOR \./-QEA�
Engineering and Permitting Consulting Services for Buckley Cove Dredging Project {RFP: PUR-24-015) ■
EXHIBIT 1 147
Schedule
This schedule has been included for reference to durations anticipated per task and is not specific to month or year. 2024
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1.0 Project Management
1.1 Project Management
2.0 Surveying
2.1 Hydrographic Condition Survey with
Volume Estimate
2.2 Hydrographic Pre-Dredge Survey
2.3 Hydrographic Post-Dredge Survey
3.0 Sediment Characterization
3.1 Draft Sampling and Analysis Plan
3.2 City Review
3.3 Final Sampling and Analysis Plan/RWQCB
Approval
3.4 Sediment Sampling and Laboratory Analysis
3.5 Draft Sampling and Analysis Report
3.6 City Review
3.7 Final Sampling and Analysis Report
4.0 Permitting and CEQA Support
4.1 Pre-Application Meeting and Coordination
4.2 Project Description
4.3 Permit Applications
4.4 Biological Assessment
4.5 Cultural Resources Memorandum
4.6 Alternatives Analysis
4.7 Agency Coordination and Permit Issuance
5.0 Dredge Design Documents
5.1 Draft 60% Plans, Specifications, BOD Memo
with Costs
5.2 City Review
5.3 Draft 90% Plans, Specifications, BOD Memo
with Costs
5.4 City Review
5.5 Final 100% Plans, Specifications, BOD Memo
with Costs
6.0 Engineering Support for Solicitation
Contractor Proposal Phase
6.1 Bid Documents
6.2 Pre-Bid meeting
6.3 Responses and Evaluation
7 .0 Construction Observation &
Engineering Support
8.0 Post-Construction Reporting & Closeout
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Engineering and Permitting Consulting Services for Buckley Cove Dredging Project (RFP: PUR-24-015) a
EXHIBIT 1 148
ATTACHMENT B
Anchor QEA, LLC
BILLING RATES
Professional Level Hourly Rates
Principal ................................................................................................................................................................................. $312 Senior Manager .................................................................................................................................................................. $27 4 Manager ................................................................................................................................................................................ $256 Senior Staff ........................................................................................................................................................................... $227 Staff 3 ..................................................................................................................................................................................... $199 Staff 2 ..................................................................................................................................................................................... $179 Staff 1 ..................................................................................................................................................................................... $151 Senior CAD1 Designer ...................................................................................................................................................... $157 CAD Designer ...................................................................................................................................................................... $132 Technician ............................................................................................................................................................................ $127 Senior Technical Editor .................................................................................................................................................... $155 Technical Editor .................................................................................................................................................................. $132 Senior Project Coordinator ............................................................................................................................................ $149 Project Coordinator .......................................................................................................................................................... $122 Special Hourly Rates
National expert consultant ............................................................................................................................................ $507 All work by a testifying expert ................................................................................. 1.5 times professional level rate Expert Advisor ..................................................................................................................................................................... $389
EXPENSE BILLING RATES
Expense Rates
Computer Modeling (per hour) ................................................................................................................................ $10.00 Graphic Plots (varies with plot size) .................................................................................................................... $3-$6/sf Mileage (per mile) .................................................................................................................... Current Federal Standard
FEE ON LABOR AND EXPENSE CHARGES
Subcontracts/subconsultants ........................................................................................................................................... 5% Travel and other direct costs .......................................................................................................................................... 10% Field equipment and supplies ........................................................................................................................................ 10% 1 CAD: Computer Aided Design
This is a company confidential document.
EXHIBIT 1 149
EXHIBIT 1 150
City of Stockton
Legislation Text
File #: 24-0557, Version: 1
APPROVE A MOTION TO AMEND THE PRE-EMPLOYMENT BACKGROUND AND PERSONNEL
INVESTIGATION SERVICE AGREEMENTS WITH THE GUMSHOE GROUP AND DR
ASSOCIATES INTERNATIONAL
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with The Gumshoe Group in the amount of $479,600 to provide additional preemployment background and personnel investigation services for a total contract amount not to exceed $689,600;
2. Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with DR Associates to reduce the not to exceed amount by $75,000 for preemployment background and personnel investigation services;
3. Authorize the City Manager to reallocate funds between preemployment background and personnel investigation agreements with DR Associates International and The Gumshoe Group as needed;
4. Authorize the expanded use of each agreement to include the Human Resources Department;
5. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
The Fire, Police, and Human Resources Departments (SFD, SPD, & HR) require preemployment background investigations. On May 23, 2023, City Council approved motion 2023-05-23-1210 to award five-year professional service agreements with DR Associates International (DR) and The Gumshoe Group (Gumshoe) to provide pre-employment background and personnel investigation services for SFD and SPD. On November 11, 2023, Amendment No. 1 was executed to accommodate increased usage of the Gumshoe agreement.
It is recommended that City Council approve a motion authorizing the City Manager to execute Amendment No. 2 to the Gumshoe agreement for an additional $479,600, authorize the City Manager to execute Amendment No. 1 with DR Associates to reduce the contract amount by $75,000, re-allocate funds between the DR and Gumshoe agreements as needed, and authorize HR to utilize each agreement on an as-needed basis.
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DISCUSSION
Background
SFD, SPD, and HR require preemployment background investigations and personnel investigation services. On December 1, 2022, SFD and SPD jointly advertised an RFP for background investigation services. HR was not included in the original solicitation request. Following a thorough evaluation process, DR Associates International and The Gumshoe Group were ranked as the two most qualified proponents.
On May 23, 2023, City Council approved motion 2023-05-23-1210 to award professional service agreements with DR and Gumshoe to provide preemployment background and personnel investigation services for SFD and SPD. Staff recommended a five (5) year agreement for an amount not to exceed $475,000 for DR and a five (5) year agreement for an amount not to exceed $100,000 for Gumshoe.
On November 11, 2023, Amendment No. 1 was executed using the City Manager’s delegated administrative contract change order authority, to accommodate increased usage of the Gumshoe agreement. Amendment No. 1 increased the Gumshoe agreement by $110,000, for a total not to exceed of $210,000.
Present Situation
At the time of contract award, SFD expected Gumshoe to serve as a supplementary vendor to boost service capacity and mitigate service interruptions in the event DR was unavailable. However, due to the high number of applicants needed for Fire Academy 23-1 and 24-2, SFD pivoted to an equal allocation between DR and Gumshoe to ensure all pre-employment processes were completed prior to the start of the academies. This strategic shift ensured all preemployment processes were completed prior to the start of the Fire Academies, but it also increased the total cost of background investigations for SFD.
SPD conducts in-house background investigations but is seeking to supplement these services to meet rising demand. SPD initially intended to utilize Gumshoe as a pilot program to assess the viability of outsourcing personnel investigation services. However, due to limitations on hours with part-time annuitant staff within the department, it became imperative to expand reliance on Gumshoe. Consequently, additional funds are needed to accommodate SPD’s increase in background investigations in recent months.
HR is responsible for conducting and managing personnel and workplace investigations. For supplemental assistance during labor negotiations and for high-level personnel investigations, HR is requesting authorization to utilize each agreement, on an as-needed basis, as scheduled by designated HR staff. Services include but are not limited to determining City policy and/or procedure violations.
Staff recommend authorizing the City Manager execute Amendment No. 2 to increase the Gumshoe agreement by $479,600 for a total contract amount not to exceed $689,600.00; and Amendment No. 1 to decrease the budget allocated for the DR agreement by $75,000 to offset a portion of the cost increase.
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Staff also recommend authorizing the City Manager to reallocate funds between the Gumshoe and DR agreements as needed to address future capacity fluctuations between the two vendors and authorize the expanded use of each agreement to include HR.
FINANCIAL SUMMARY
The amended cost of pre-employment background and personnel investigation services with The Gumshoe Group and DR Associates for the five-year period is summarized below.
Total combined increase in contract cost of the agreements amounts to $514,600 over the next four years.
SFD has an approved annual budget allocation of $58,500 in General Fund Administration account 4010-000-630006-100-000-20-40-000-000- for pre-employment background and personnel investigation services. SFD will increase this allocation in its annual budget as needed in future years to fund the cost of the proposed agreements, subject to City Council approval.
Funding in the amount of $188,000 for SPD’s share of this contract amendment will be funded by General Fund Measure A account 3514-000-630006-100-115-20-35-000-000-.
Funding in the amount of $100,000 ($25,000 for each fiscal year of the remaining four years of the contract) for HR’s portion of this contract amendment will be funded by account 2550-000-630006- 100-000-10-25-000-000.
Attachment A - The Gumshoe Group Original Agreement
Attachment B - DR Associates International Original Agreement Attachment C - The Gumshoe Group Amendment 1
Attachment D - The Gumshoe Group Amendment 2
Attachment E - DR Associates International Amendment 1
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CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton ("City") and Agreement Number:
2,80()()1 S-'2--
The Gumshoe Group ("Contractor'') to provide investigation services as set forth in Exhibit A to this Agreement.
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: 1 \-v'-t \'2--0i-? Terminates on: 6/30/2028
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $1100,000 I
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A - Statement of Work
(b) Exhibit B - Insurance
(c) Exhibit C - General Terms & Conditions
(d) Exhibit D - Professional Services Special Terms & Conditions (e) Exhibit E - Compensation Schedule
(f) Exhibit F - Timeline
(g) Exhibit G - Special Funding Terms & Conditions (If applicable check box)YES D IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
The Gumshoe Group
AuthoJ ecf i nature Date
/{1-:'N K1twt0t ·----=--Ci=-�u __________ _
Printed Name and Title of Pers6n Signing
; PrJ/r3oY 1v2:i., 1!1c�'i.,ur·
Address I (A-
�Eliza R. Garza CIVlC, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
(Rev. 10.27.22)
CITY OF STOCKTON
1 Date
..c.
0 C
-l
V,
ATTACHMENT A 154
EXHIBIT A
STATEMENT OF WORK
1. Proiect Obiectives
2. 1.1 To provide preemployment background investigation and personnel investigation services.
Proiect Scope
2.1 Contractor shall provide preemployment background investigations and personnel investigations (Services) for prospective, part-time, and full-time, employees (Subject) for both sworn and civilian positions for the City of Stockton's Fire and Police Departments (Department).
2.2 Contractor shall be available to provide Services Monday through Friday, except for federal holidays. City understands Contractor provides services for other clients and Services will be provided on a first come, first served basis.
2.3 In the event Contractor schedules time-off, or is otherwise unable to schedule Services, Contractor shall make their best effort to inform the City as soon as reasonably possible.
3. Specifications
3.1 Preemployment Background Investigations
3.1.1 Contractor shall conduct preemployment background investigations in accordance with California Commission on Peace Officer Standards and Training (POST) as defined in the California Code of Regulations (Cal. Code Regs. tit. 11 § 1953).
3.1.2 Contractor shall coordinate all preemployment background Investigations with designated City staff to ensure adherence to all rules and regulations defined in the City's Charter, Municipal Code, Civil Service Rules, Administrative Directives, and Department Policies and Procedures.
3.1.3 Contractor shall provide services on an as-need basis, as requested by designated City staff.
3.1.4 City will provide Contractor with all necessary Subject information (contact numbers, email address, references, etc.) to provide Services.
1 (Rev. 10.30.18)
ATTACHMENT A 155
3.1.4.1 Once Contractor has received Subject information from City, City and Contractor shall agree upon an estimated completion date for Services.
3.1.4.1.1 Contractor shall make their best effort to meet the estimated completion date.
3.1.4.1.2 In the event Contractor cannot meet the estimated completion date, Contractor shall notify City as
soon as reasonably practicable.
3.1.4.2 Contractor shall coordinate directly with Subject to schedule all necessary interviews, phone calls, and/or meetings.
3.1.4.3 In the event Subject or City cancels an appointment for Services, the scheduled appointment time shall remain
available to the City to fill with an alternative Subject.
3.1.4.3.1 City will provide Contractor with the name of an alternative Subject within two (2) business days.
3.1.4.3.2 If after two (2) business days the City has failed to schedule an alternative Subject, the Contractor
may release the appointment time at no cost to the
City.
3.2 Personnel Investigations
3.2.1 Contractor shall conduct firefighter personnel investigations in accordance with the California Government Code Firefighters Procedural Bill of Rights Act (Cal. Govt. Code tit. 1 § 3250-3262).
3.2.2 Contractor shall conduct police officer personnel investigations in accordance with the California Government Code Public Safety Officers Procedural Bill of Rights Act (Cal. Govt. Code tit. 1 § 3300- 3313).
3.2.3 Contractor shall coordinate all personnel investigations with designated City staff to ensure adherence to all rules and regulations defined in the City's Charter, Municipal Code, Civil Service Rules, Administrative Directives, and Department Policies and Procedures.
3.2.4 Contractor shall release all investigative documentation, when requested by City, within three (3) business days.
2 (Rev. 10.30.18)
ATTACHMENT A 156
4. 5.
3.2.5 Contractor shall be available for the purpose of defense in any investigation resulting in litigation or arbitration.
3.2.6 Contractor shall provide services on an as-need basis, as requested by designated City staff.
Internal and External Standards and Guidelines
4.1 Contractor investigators shall be POST certified.
4.2 Contractor shall immediately inform City of any conflict of interest related to a Subject.
4.3 Contractor shall immediately inform City of any arrests, indictments, or other criminal issues related to any investigator providing Services under this Agreement.
4.4 Contractor shall not disclose to any person, any information gained during an investigation except where such disclosure is required by law or is requested by City.
Criteria of Acceptance for Deliverables
5.1 In accordance with Section 3.1 above, Contractor preemployment background investigation reports shall include, but are not limited to:
• Personal Interview • Verification of Prior Worker's
• Education Verification and Compensation Claims
Related Transcripts • Driving Record
• Employment Verification • Financial History
• Disciplinary Actions • Military History
• Legal Criminal History
Including Convictions
• Social Media
• Illegal Substance Use
• Litigation Civil History • Employment References
• Personal References
5.2 In accordance with Section 3.2 above, Contractor personnel investigation reports shall include, but are not limited to:
• Complainant Statement
• Witness Interview Statements
• Fact Findings
• Analysis of Violations Related to City and/or Department Policies • Comprehensive Findings
3 (Rev. 10.30.18)
ATTACHMENT A 157
5.3 Contractor shall submit investigation reports in .pdf format, via email, to designated City staff.
5.4 Contractor shall review all reports for quality and accuracy prior to submission of the final report to the City.
5.5 Upon City request, Contractor shall be available to discuss each report with designated City staff.
6. Notices
Pursuant to Exhibit C - General Terms and Conditions, Paragraph 15 - Notices, the mailing address for all required notices is as follows:
Contractor: The Gumshoe Group
Attn: Ken Kramer
P.O. BOX 1472
Vacaville, CA 95696
(Rev. 10.30.18)
4 City: City of Stockton
Attn: City Manager
425 N. El Dorado Street
Stockton, CA 95202
ATTACHMENT A 158
REV 2022-05-17
Exhibit B:
Insurance Requirements
(Background Investigations)
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 UMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non� owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of california, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)
4. Professional Liability/Errors and Omissions insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
ATTACHMENT A 159
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 "Qty 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 0413 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 ATTACHMENT A 160
REV 2022-05-17
endorsement that may be necessary to affect this waiver of subrogation, but this 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 Oty 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.
ATTACHMENT A 161
REV 2022-05-17
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3
rd Floor - HR
Stockton, CA 95202
ATTACHMENT A 162
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified In Exhibit A of the Agreement.
2. City Assistance, Facilities. Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor's Invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor's Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor's work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 10,,..,, 1n -:,n 10. '-•-� n-, 1-. ..,., er-\
ATTACHMENT A 163
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the . work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.
Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor's Status.
9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 ATTACHMENT A 164
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's personnel.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 3 IDau 1n ':In 10• lAn"" n7 1'l 'l'l c:r.:\
ATTACHMENT A 165
11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party's option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.
14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit 8 to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 ATTACHMENT A 166
17. Licenses, Certifications and Permits. Prior to the City's execution of this Agreement and prior to the Contractor's engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to Include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor's services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.
21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
5 ATTACHMENT A 167
24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City's nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that "no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance." (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor's business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
6 10 ,,..,1 1n :Jn 10. l\tt-....1 n, 1, ,, er:\
ATTACHMENT A 168
29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
7 ,,.. -·. .. ,..,. """' 4 "'· • • _ _. ,..,.., ,c '"II ... "' rr\ ATTACHMENT A 169
EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 "Deliverable" means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions ("GTC") Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained In Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor's agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other 1 (Rev. 07.12.22)
ATTACHMENT A 170
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor's Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor's profession currently practicing under similar conditions. Contractor shall comply with the profession's standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision In no way limits the City's rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C - GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed 2 (Rev. 07.12.22)
ATTACHMENT A 171
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. Personnel
6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor's officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor's compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.
7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
3 (Rev. 01.12.22)
ATTACHMENT A 172
8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor's possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities. 4 (Rev. 07.12.22)
ATTACHMENT A 173
EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $100,000 (hereafter the "not to exceed" amount). The "not to exceed" amount includes all payments to be made pursuant to this Agreement. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved.
1.3 If work is completed before the "not to exceed" amount is reached, the Contractor's compensation will be based on the Contractor's invoices previously submitted for acceptable work performed and approved.
2. Price. Below is the price for the services as described in Exhibit A of this Agreement.
1 Preemgloyment Background lnvesti
2 Personnel Investigation
3 POST-Oral Interview
, 4 Comguter Voice Stress Analysis
5 Ex edited Service Fee see Section 2.1 below
TOTAL NOT TO EXCEED
r hour
ch
0 each
2.1 Expedited service requests may incur an expedited service fee, which shall not exceed 25% of the original service price, as outlined in Section 2 above. (Rev. 10.30.18)
2.1.1 Contractor shall inform City of all service requests that may be subject to the expedited service fee.
2.1.2 Contractor shall be prohibited from proceeding with any service requests that may incur the expedited service fee without prior authorization from designated City staff, which shall be communicated via email.
1 ATTACHMENT A 174
2.1 .3 Contractor acknowledges that an initial service request is not authorization for expedited services subject to the expedited service fee.
2.1.4 Services performed by Contractor fourteen (14) or more calendar days after City's initial service request shall not be subject to any expedited service fees.
2.2 Prorated Services - In the event Services are cancelled by City, Contractor shall prorate all partially completed services. A background investigation shall be considered completed once 50% or more of the work is complete, the candidate background interview has occurred, or Contractor has been actively working on the file for 15 business days. Contractor shall invoice City for prorated services at $95 per hour for actual hours incurred. At no time shall the prorated total exceed the flat-rate pricing in Section 2 above.
2.3 Rate Increases: Contractor pricing shall not increase at any time without prior written amendment signed by both Contractor and City.
3. Travel Fees. Background investigations may require travel out of the Service Area to conduct reference checks, neighborhood checks, employment checks, or other associated investigations. When this occurs, Contractor shall provide City an estimate for all travel expenses for preapproval. City may request alternative methods to complete an investigation in lieu of travel authorization.
3.1 Service Area - Service Area shall be defined as within 75 miles, as the crow flies, from 400 E. Main St., Stockton, CA 95202.
3.2 Locations beyond the Service Area shall be subject to mileage, hourly, and other travel expenses according to the following table:
·-
Exoense I
I
- Rate
-
Mileage Reimbursement $.585 per mile
Backaround lnvestiaator Rate $95 per hour
C..ir Travel Car Rental, Hotel, etc. Cost plus 10%
Per Diem - M&IE GSA rate plus 10%
4. Invoice to Address .. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Each department shall be invoiced separately. • Fire Department invoices shall be submitted electronically to [email protected].
• Police Department invoices shall be submitted electronically to E:D.:. [email protected].
2 (Rev. 10.30.18)
ATTACHMENT A 175
EXHIBIT F
TIMELINE
1.1 Contractor shall complete the services identified in Exhibit A on an as needed basis, as requested by the City.
(Rev, 10.27.22)
ATTACHMENT A 176
EXHIBITG
SPECIAL FUNDING TERMS AND CONDITIONS
Not Applicable - lntentiona/Jy Left Blank
(Rev, 10.27.22)
ATTACHMENT A 177
CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton ("City") and DR Associates International ("Contractor") to provide investigation services as set forth in Exhibit A to this Agreement.
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: & '-( \ \ 'l,0-Z.,'3 Terminates on: 6/30/2028
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $ !475,000 I
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the tem,s and conditions of this Agreement.
(a) Exhibit A- Statement of Work
(b) Exhibit B - Insurance
(c) Exhibit C - General Terms & Conditions
(d) Exhibit D- Professional Services Special Terms & Conditions (e) Exhibit E - Compensation Schedule
(f) Exhibit F - Timeline
(g) Exhibit G - Special Funding Terms & Conditions (If applicable check box)YES □ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
DR Associates International
Co tr. ctor's ame (if other than an individual, state whether a corporation, partnership, etc.):
Authorized Signature
[),11/, D I� FtJ hen , 0Wt1t-r
Address I ,
� ] o:Z OF STOCKTON
Harry Blacl<, C
�Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
(Rev. 10.27.22)
1 �r,1--z�zJ
Date
Date
ATTACHMENT B 178
1. 2.
3. Project Objectives
EXHIBIT A
STATEMENT OF WORK
1.1 To provide preemployment background investigation and personnel investigation services.
Project Scope
2.1 Contractor shall provide preemployment background investigations and personnel investigations (Services) for prospective, part-time, and full-time, employees (Subject) for both sworn and civilian positions for the City of Stockton's Fire and Police Departments (Department).
2.2 Contractor shall be available to provide Services Monday through Friday, except for federal holidays. City understands Contractor provides services for other clients and Services will be provided on a first come, first served basis.
2.3 In the event Contractor schedules time-off, or is otherwise unable to schedule Services, Contractor shall make their best effort to inform the City as soon as reasonably possible.
Specifications
3.1 Preemployment Background Investigations
3.1.1 Contractor shall conduct preemployment background investigations in accordance with California Commission on Peace Officer Standards and Training (POST) as defined in the California Code of Regulations ( Cal. Code Regs. tit. 11 § 1953 ).
3.1.2 Contractor shall coordinate all preemployment background investigations with designated City staff to ensure adherence to all rules and regulations defined in the City's Charter, Municipal Code, Civil Service Rules, Administrative Directives, and Department Policies and Procedures.
3.1.3 Contractor shall provide services on an as-need basis, as requested by designated City staff.
3. 1.4 City will provide Contractor with all necessary Subject information (contact numbers, email address, references, etc.) to provide Services.
1 (Rev. 10.30.18)
ATTACHMENT B 179
3.1.4.1 Once Contractor has received Subject i�formation from City, City and Contractor shall agree upon an estimated completion date for Services.
3.1.4.1.1 Contractor shall make their best effort to meet the estimated completion date.
3.1.4.1.2 In the event Contractor cannot meet the estimated completion date, Contractor shall notify City as
soon as reasonably practicable.
3.1.4.2 Contractor shall coordinate directly with Subject to schedule all necessary interviews, phone calls, and/or meetings.
3.1.4.3 In the event Subject or City cancels an appointment for Services, the scheduled appointment time shall remain
available to the City to fill with an alternative Subject.
3.1.4.3.1 City will provide Contractor with the name of an alternative Subject within two (2) business days.
3.1.4.3.2 If after two (2) business days the City has failed to schedule an alternative Subject, the Contractor
may release the appointment time at no cost to the
City.
3.2 Personnel Investigations
3.2.1 Contractor shall conduct firefighter personnel investigations in accordance with the California Government Code Firefighters Procedural Bill of Rights Act (Cal. Govt. Code tit. 1 § 3250-3262).
3.2.2 Contractor shall conduct police officer personnel investigations in accordance with the California Government Code Public Safety Officers Procedural Bill of Rights Act (Cal. Govt. Code tit. 1 § 3300- 3313).
3.2.3 Contractor shall coordinate all personnel investigations with designated City staff to ensure adherence to all rules and regulations defined in the City's Charter, Municipal Code, Civil Service Rules, Administrative Directives, and Department Policies and Procedures.
3.2.4 Contractor shall release all investigative documentation, when requested by City, within three (3) business days.
2 (Rev. 10.30.18)
ATTACHMENT B 180
3.2.5 Contractor shall be available for the purpose of defense in any investigation resulting in litigation or arbitration.
3.2.6 Contractor shall provide services on an as-need basis, as requested by designated City staff.
4. Internal and External Standards and Guidelines
4. 1 Contractor investigators shall be POST certified.
4.2 Contractor shall immediately inform City of any conflict of interest related to a Subject.
4.3 Contractor shall immediately inform City of any arrests, indictments, or other criminal issues related to any investigator providing Services under this Agreement.
4.4 Contractor shall not disclose to any person, any information gained during an investigation except where such disclosure is required by law or is requested by City.
5. Criteria of Acceptance for Deliverables
5.1 In accordance with Section 3.1 above, Contractor preemployment background investigation reports shall include, but are not limited to:
• Personal Interview • Verification of Prior Worker's
• Education Verification and Compensation Claims
Related Transcripts • Driving Record
• Employment Verification • Financial History
• Disciplinary Actions • Military History
• Legal Criminal History • Social Media
Including Convictions • Illegal Substance Use
• Litigation Civil History • Employment References
• Personal References
5.2 In accordance with Section 3.2 above, Contractor personnel investigation reports shall include, but are not limited to:
(Rev. 10.30.18)
• Complainant Statement
• Witness Interview Statements
• Fact Findings
• Analysis of Violations Related to City and/or Department Policies • Comprehensive Findings
3 ATTACHMENT B 181
5.3 Contractor shall submit investigation reports in .pdf format, via email, to designated City staff.
5.4 Contractor shall review all reports for quality and accuracy prior to submission of the final report to the City.
5.5 Upon City request, Contractor shall be available to discuss each report with designated City staff.
6. Notices
Pursuant to Exhibit C - General Terms and Conditions, Paragraph 15 - Notices, the mailing address for all required notices is as follows:
Contractor: DR Associates International
Attn: David Reuben
PO Box 2399
Davis, CA 95618
4 (Rev. 10.30.18)
City: City of Stockton
Attn: City Manager
425 N. El Dorado Street
Stockton, CA 95202
ATTACHMENT B 182
REV 2022-05-17
Exhibit B:,
Insurance Requirements
( Background Investigations)
Consultant shall procure and maintain for the duration of the contract insurance against daims 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, induding 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 califomia, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
{Not required if consultant provides written verification it has no employees} ·,
4. Professional Liability/Errors and Omissions insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or daim, $1,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
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Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; iUHI 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, induding, 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 ATTACHMENT B 184
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endorsement that may be necessary to affect this waiver of subrogation, but this 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, daim 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, induding 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, induding 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 daims-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.
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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 Dedarations 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, induding endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, induding, 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.
Spec/al Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor - HR
Stockton, CA 95202
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods. Equiament and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support., Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty {30) days of receipt of Contractor's invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor's Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor's work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 (Rev. 10.30.18; Mod 07.12.22 SG)
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to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.
Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor's Status.
9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 (Rev. 10.30.18; Mod 07.12.22 SG)
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control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the respon�ibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exdusively under the direction, supervision and control of Contractor. All terms of employment induding hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor ..
10. 1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exdusively under the direction, supervision and control of Contractor. All terms of employment induding hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's personnel.
11. Termination.,
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 3 (Rev. 10.30.18; Mod 07.12.22 SG)
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11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party's option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation .. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assiqnabilitv. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.
13. ,Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work. hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.
14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices, All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement
16. Conformance to Applicable Laws .. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 (Rev. 10.30.18; Mod 07.12.22 SG)
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17. Licenses. Certifications and Permits. Prior to the City's execution of this Agreement and prior to the Contractor's engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate • accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to indude, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disdosure and use of City reports, information or condusions.
20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor's services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.
21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
22. Governing Law, California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
5 (Rev. 10.30.18; Mod 07.12.22 SG)
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24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
,
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City's nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that "no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance." (42 USC Section 2000d).
http://www.dol.gov/oasam/reqs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Maieure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor's business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
6 (Rev. 10.30.18; Mod 07.12.22 SG)
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29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts .. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
7 (Rev, 10.30.18; Mod 07.12.22 SG)
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EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 "Deliverable" means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions ("GTC") Exhibit C, and all other Exhibits identified in the Standard Agreement.
2. 1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Speci�I Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3. 1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor's agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other 1 (Rev. 01.12.22)
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losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor's Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor's profession currently practicing under similar conditions. Contractor shall comply with the profession's standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or Indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of Its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City's rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C - GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed 2 (Rev. 07.12.22)
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basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. Personnel
6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor's officers, ·employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor's officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor's compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6.3 Kev Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.
7. Reports and lnfonnation
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as It may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
3 (Rev. 07.12.22)
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8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor's possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights. 1 O. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities. 4 (Rev. 07.12.22)
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EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Proiect Price
1.1 The maximum the Contractor shall be paid on this Agreement is $475,000 (hereafter the "not to exceed" amount). The "not to exceed" amount includes all payments to be made pursuant to this Agreement. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved.
1.3 If work is completed before the "not to exceed" amount is reached, the Contractor's compensation will be based on the Contractor's invoices previously submitted for acceptable work performed and approved.
2. Price. Below is the price for the services as described in Exhibit A of this Agreement.
$1,150 each
$1,500 each
TOTAL NOT TO EXCEED $475,000
2.1 In the event Services are cancelled by the City, Contractor shall prorate all partially completed services according to the percentage of work completed.
3. Invoice to Address., Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Each department shall be invoiced separately.
Fire Department invoices
[email protected].
shall be submitted electronically to
Police Department invoices shall be submitted electronically to POI [email protected]. 1 (Rev. 10.30.18)
ATTACHMENT B 198
EXHIBIT F
TIMELINE
1.1 Contractor shall complete the services identified in Exhibit A on an as needed basis, as requested by the City.
(Rev, 10.27.22)
ATTACHMENT B 199
EXHIBITG
SPECIAL FUNDING TERMS AND CONDITIONS
Not Applicable - Intentionally Left Blank
(Rev, 10.27.22)
ATTACHMENT B 200
CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT Agreement Number:
423000752
Amendment
Number:
This Amendment Number 1 to the above referenced Agreement is entered into on _l l _ _(....__t +f ...:'U>;...;c.-Z..:__,�'----between the City of Stockton ("City") and The Gumshoe Group ("Contractor").
RECITALS
__________ .._,,_,uibit-C-QeAer.aUer.mS-aAci--CoAciit.ioAs,P--ar:a.gfc$A-7-Gl:laA§e&;-States-t-Re-Gity-may-meeify-the-seope-o+-----------; services and any material extension or change in the scope shall be memorialized in a written amendment prior to the performance of additional work; and
Exhibit C General Terms and Conditions, Paragraph 8 Amendment, states no variation of the terms of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and The City needs to increase the Compensation, Not to Exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, by $110,000.00 to pay for the Contractor for additional investigation services.
Now therefore, the City and the Contractor mutually agree as follows:
1.The maximum not to exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, is amended to $210,000.00.
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
The Gumshoe Group
Contr e"(i ottrer than an individual, state whether a corporation, partnership, etc.): �/1/L- cJ.
Ken Kramer, CEO
Printed Name and Title of Person Signing
PO Box 1472 Vacaville, CA 95696
Address
ATTEST:
� Eliza R. Garza C
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
(Rev. 03.21.22)
CITY OF STOCKTON
Date
-
ATTACHMENT C 201
CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT Agreement Number: Amendment Number:
423000752 2
This Amendment Number 2 to the above referenced Agreement is entered into on ________ between the City of Stockton ("City") and The Gumshoe Group ("Contractor").
RECITALS
Exhibit C General Terms and Conditions, Paragraph 7 Changes, states the City may modify the scope of services and any material extension or change in the scope shall be memorialized in a written amendment prior to the performance of additional work; and
Exhibit C General Terms and Conditions, Paragraph 8 Amendment, states no variation of the terms of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and The City needs to increase the Compensation, Not to Exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, by $479,600 to pay for the Contractor for additional investigation services.
Now therefore, the City and the Contractor mutually agree as follows:
1.The maximum not to exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, is amended to $689,600.00.
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
The Gumshoe Group
er than an individual, state whether a corporation, partnership, etc.):
Ken Kramer, CEO
Printed Name and Title of Person Signing
PO Box 1472 Vacaville, CA 95696
Address
Harry Black, City Manager
ATTEST:
Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
(Rev. 03.21.22)
CITY OF STOCKTON
Date
ATTACHMENT D 202
ATTACHMENT E 203
City of Stockton
Legislation Text
File #: 24-0601, Version: 1
APPROVE RESOLUTION TO ESTABLISH NEW CLASSIFICATION SPECIFICATIONS AND
PROPOSED SALARY RANGES FOR EVENTS TECHNICIAN I/II, EVENTS COORDINATOR, AND
EVENTS MANAGER
RECOMMENDATION
It is recommended that the City Council adopt a resolution establishing the following new classification specifications for the Economic Development Department (EDD) and assign the associated salary ranges.
1. Events Technician I/II (EDD/Unclassified/SCEA/non-exempt)
2. Events Coordinator (EDD/Unclassified/B&C/exempt)
3. Events Manager (EDD/Unclassified/B&C/exempt)
Summary
City Council is being asked to establish the proposed new unclassified/represented Events classification specification family - Events Technician I/II, Events Coordinator, and Events Manager.
The Events staff continue to work diligently by expanding their capabilities and responsibilities to evolve and improve the safety and sophistication of event practices and the delivery of services within the City. The new Events classification family and associated salary schedule is paramount to building and retaining a reliable, professional Events team who is knowledgeable in the event industry and safety standards.
DISCUSSION
Background
The Human Resources Department worked with EDD and contracted with Bryce Consulting to compose new classification specifications of Events Manager, Events Coordinator, Events Technican I/II. In addition, HR conducted an external market study and performed an internal compaction analysis to identify an appropriate pay structure.
Present Situation
Currently, the Special Events team operates under recreation classifications that vaguely cover the scope of work needed and provided by the team. The recreation classifications being used include Recreation Supervisor, Recreation Coordinator, and Senior Recreation Assistant. EDD needs new job descriptions that outline the clear responsibility shift from creating and programing to safety, City of Stockton Page 1 of 2 Printed on 6/13/2024
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File #: 24-0601, Version: 1
logistics, facility capabilities, legal compliance, and documentation in the oversight of events. The current events team spends a great deal of time coordinating intra-City approvals and documentation to ensure consistent regulations and liabilities are met. Additionally, the daily shift requirements are far more irregular in the event industry and need to be addressed regarding rolling schedule changes and extensive hours for event coverage.
The class specifications were provided to the Stockton City Employees’ Association (SCEA) and MidManagement / Supervisory Level (B&C) for review and concurrence on May 15, 2024. The associations did not provide comment or objection to the creation of the classifications.
Classification
The proposed Events classification family of Events Technician I/II, Events Coordinator, and Events Manager will be a part of EDD’s Events and Parking division and will report to the Managing Director of Events and Parking.
· The Events Technician I/II is unclassified, represented by the Stockton City Employees’ Association unit, and is FLSA non-exempt.
· The Events Coordinator and Events Manager are unclassified, represented by the MidManagement/Supervisory Level Unit (B&C), and are FLSA exempt.
Salary
Human Resources staff completed an external market survey as well as an internal equity evaluation.
Based on analysis of the information collected, staff recommends the following salary range:
Job
Classification
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Events
Manager*
$8,148.82 $8,566.98 $9,006.50 $9,467.38 $9,952.14 $10,463.24 Events
Coordinator*
$5,997.13 $6,312.76 $6,645.01 $6,994.75 $7,362.90 $7,750.42 Events
Technician II*
$4,589.42 $4,830.97 $5,085.23 $5,352.88 $5,634.58 $5,931.17 Events
Technician I*
$3,828.15 $4,029.63 $4,241.72 $4,464.97 $4,699.97 $4,947.33
FINANCIAL SUMMARY
If this new classification family is approved, the positions will be incorporated in EDD’s FY2024-25 annual budget and notification of this action will be provided to the Civil Service Commission by the Human Resources Department.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION TO CREATE A NEW UNCLASSIFIED/REPRESENTED EVENTS
CLASS SPECIFICATION FAMILY FOR THE STOCKTON ECONOMIC
DEVELOPMENT DEPARTMENT AND APPROVE THE PROPOSED SALARY
RANGES
It is necessary to establish the new classification of Events Technician I, Event Technician II, Events Coordinator, and Events Manager to provide overall management of specialized and intricate functions specific to the Economic Development department operations; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The new unclassified/represented class specifications of Events Technician I/II, Events Coordinator, and Events Manager are hereby created with the salary approved as follows:
JOB
CLASSIFICATION
BASE MONTHLY SALARY BY STEP
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Events Manager $8,148.82 $8,566.98 $9,006.50 $9,467.38 $9,952.14 $10,463.24 Events Coordinator $5,997.13 $6,312.76 $6,645.01 $6,994.75 $7,362.90 $7,750.42 Events Technician II $4,589.42 $4,830.97 $5,085.23 $5,352.88 $5,634.58 $5,931.17 Events Technician I $3,828.15 $4,029.63 $4,241.72 $4,464.97 $4,699.97 $4,947.33
2. The Director of Human Resources is hereby directed to prepare the appropriate class specifications in accordance with section 2.36.080 of the Stockton Municipal Code.
3. The City Manager is hereby authorized and directed to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution
PASSED, APPROVED, and ADOPTED June 18, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
_____
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
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City of Stockton
Legislation Text
File #: 24-0562, Version: 1
ADOPT A RESOLUTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 5 WITH EVOQUA
WATER TECHNOLOGIES
RECOMMENDATION
It is recommended that the City Council adopt a resolution to approve Contract Change Order (CCO) No. 5 with Evoqua Water Technologies LLC (Exhibit 1 to the Resolution) to extend the contract to August 31, 2024, for the payment of outstanding invoices in the amount of $30,063.74 and ratify the payment of charges for goods and services for a total not-to-exceed amount of $2,622,254.
It is further recommended that the City Manager be authorized to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Summary
The Municipal Utilities Department (MUD) is responsible for operation and maintenance of the City’s wastewater collections systems. The collection and conveyance of sanitary wastewater generates hydrogen sulfide (H2S) gas which is toxic and creates odors throughout the collection system. The MUD staff monitor H2S concentrations and chemically treats wastewater throughout the City to maintain H2S concentrations below 50 parts per million (ppm). Staff use chemical supply contracts to provide chemical dosing at three sanitary wastewater pumping stations to control the H2S gas and wastewater odors.
Between July 1, 2019, and August 31, 2023, MUD maintained a chemical supply contract with Evoqua Water Technologies (Evoqua) for the treatment of H2S in the sanitary collections system.
Due to administrative and financial management errors, it was found that contract expenditures had exceeded the total approved amount by $520,364.
If approved, this action will approve CCO No. 5 with Evoqua to extend the contract to August 31, 2024, for the payment of outstanding invoices in the amount of $30,063.74 and ratify the payment of charges for goods and services for a total not-to-exceed amount of $2,622,254.
DISCUSSION
Background
The MUD Collections Division is responsible for operating and maintaining the City’s sanitary wastewater collections system, which conveys wastewater to the Regional Wastewater Control Facility (RWCF) for treatment. Presently, the City uses three chemical feed sites to maintain H2S gas concentrations below 50 ppm. Staff maintain chemical supply contracts for the treatment and control of H2S in the sanitary system.
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In May of 2019, by Motion 2019-05-21-1117, the City Council awarded a chemical supply contract in the not-to-exceed amount of $1,819,900 to Evoqua. In May 2023, the City increased the contract notto-exceed amount to $2,101.890. Unfortunately, during the administration of this contract, errors were found that failed to account for expenditures and sales tax correctly, which led to a discrepancy in the contract not-to-exceed amount.
Present Situation
In November 2023, MUD and ASD discovered these administrative errors and have worked to correct and rectify this discrepancy.
If approved by the City Council, CCO No. 5 will extend the subject contract termination date to August 31, 2024, and allow the MUD to pay the remaining balance of $30,063.74 and ratify the contract total charges for goods and services for a total not-to-exceed amount of $2,622,254.
FINANCIAL SUMMARY
Contract Change Order No. 5 increases the total not-to-exceed contract amount to $2,622,254.
There are sufficient funds available in the MUD Wastewater Collections accounts to pay the total $30,063.74 in outstanding invoices from Evoqua.
This action has no impact on the General Fund or any other unrestricted funds.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING A CONTRACT CHANGE ORDER NO. 5 WITH EVOQUA
WATER TECHNOLOGIES
The Municipal Utilities Department (MUD) is responsible for operation and maintenance of the City’s wastewater collections systems. The collection and conveyance of sanitary wastewater generates hydrogen sulfide (H2S) gas which is toxic and creates odors throughout the collection system. The MUD staff uses chemical supply contracts to provide chemical dosing at three sanitary wastewater pumping stations to control the levels of H2S gas and wastewater odor; and
Between July 1, 2019, and August 31, 2023, the MUD maintained a chemical supply contract with Evoqua Water Technologies (Evoqua) for the treatment of H2S in the sanitary collections system. Due to administrative and contract management errors during the City’s transition to the Tyler Munis enterprise management system, contract expenditures exceeded the total approved amount by $520,364.00; and
Staff recommends that the City Council adopt a resolution to approve Contract Change Order No. 5 with Evoqua Water Technologies LLC (Exhibit 1) extending the contract termination date to August 31, 2024, to pay outstanding invoices in the amount of $30,063.74 and ratify the amount paid for services under the contract to a total of $2,622,254.00; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Contract Change Order No. 5 extending the contract termination date to August 31, 2024, to pay outstanding invoices in the amount of $30,063.74 and ratify the total contract expenditures with Evoqua Water Technologies in the total not-to-exceed amount of $2,622,254.00 is hereby approved, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference. //
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2. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED June 18, 2024 .
KEVIN J. LINCOLN, II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC
Interim City Clerk of the City of Stockton
210
EXHIBIT 1 211
2 (Rev. 03.21.22)
CITY OF STOCKTON
_____________________________________________________________________________________________ Harry Black, City Manager Date
ATTEST:
____________________________________________________________________________________________ Katherine Roland, CMC, Interim City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
EXHIBIT 1 212
City of Stockton
Legislation Text
File #: 24-0570, Version: 1
APPROVE FINDINGS AND RATIFY FINAL EXPENSES FOR THE SALVAGE AND DISPOSAL OF
THE SUNKEN TUGBOAT MAZAPETA
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Ratify the final expenses in the amount of $491,178.50 to Lind Marine of Petaluma, California, and associated contractors, for all costs related to the salvage and disposal of the sunken tugboat Mazapeta.
It is also recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this resolution.
Summary
On September 4, 2023, the derelict, World War II-era tugboat Mazapeta, under renovation, sank in Little Potato Slough in the Sacramento San Joaquin Delta near the end of Eight Mile Road. The sinking caused a significant diesel fuel and engine oil spill in the waterway just upstream of the City’s Delta Water Supply Project Intake Pump Station (IPS). The IPS supplies raw water for the water treatment plant that serves about 200,000 customers daily. The Municipal Utilities Department (MUD) operations staff immediately shut down the IPS to prevent contamination of the water supply, intake, and water treatment plant infrastructure.
In response to the fuel and oil spill, a Unified Command with representatives of the United States Coast Guard (USCG), California Department of Fish and Wildlife’s Office of Spill Prevention and Response (CDFW-OSPR), and San Joaquin County Sheriff’s Office (Unified Command) was called out to secure the site and prepare plans to remove the petroleum products from the sunken vessel.
On October 18, 2023, the City Manager approved the MUD request for emergency procurement authorization for costs associated with the removal and salvage of the sunken vessel in accordance with the City Manager Emergency Contract and Procurement Administrative Policy (17.05.150).
According to the Unified Command’s spill response objectives, once the petroleum was removed, the Unified Command’s involvement with the vessel was complete. However, allowing the sunken vessel to remain near the City’s water supply intake would present a threat and jeopardize the City’s drinking water quality and supply.
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On January 17 and 18, 2024, MUD acted under the jurisdiction of San Joaquin County and the California Harbors and Navigation Code sections 550 & 551 to take a direct transfer of the vessel or hand-off from USCG, through a qualified salvage and disposal contractor, when the vessel was refloated as part of the Unified Command’s spill removal plan. The hand-off, also known as dead ship tow, was completed on January 18, 2024. The Mazapeta remained dockside at Mare Island until the next available dry dock followed by final disposal on March 27, 2024.
By April 29, 2024, the final expenses and payments for the salvage and disposal of the tugboat Mazapeta were complete.
If approved, this resolution will approve findings and ratify the total expenditure of $491,178.50 for the efforts needed to remove, salvage, and dispose of the sunken tugboat Mazapeta.
DISCUSSION
Background
When the World War II-era tugboat Mazapeta, sank on September 4, 2023, it was moored at the old Herman and Helen’s Marina along Empire Tract Road levee near the end of Eight Mile Road in the Delta. The sinking caused a significant diesel fuel and engine oil spill into Little Potato Slough. The vessel sank outside the City’s jurisdiction but less than a mile from the City’s Delta Water Supply Project Intake Pump Station (IPS). The IPS supplies raw water for the water treatment plant which serves about 200,000 customers daily. When notified of the spill, MUD operations staff shut down the IPS to prevent contamination of the water supply, intake, and water treatment plant infrastructure.
MUD relied on other sources of water supply for the service area.
An oil spill response team was activated including members from the United States Coast Guard (USCG), California Department of Fish & Wildlife’s Office of Spill Prevention and Response, and other local and state agencies (Unified Command) to contain the active spill site and develop a response plan. According to the Unified Command’s spill response objectives, once the petroleum was removed, the Unified Command’s involvement with the vessel was complete.
Allowing the sunken vessel to remain near the City’s water supply intake would present a threat to the City’s drinking water supply quality. MUD was granted jurisdiction under an agreement with San Joaquin County, the San Joaquin County Sheriff’s Office and Harbor and Navigation code sections 550 and 551 to take a direct transfer of the vessel from USCG, through a qualified salvage and disposal contractor, when the vessel was refloated as part of the Unified Command’s spill removal plan.
On October 18, 2023, the City Manager approved the MUD request for emergency procurement authority up to $450,000 to expedite the salvage and disposal of the vessel in accordance with City Manager Emergency Contract and Procurement Policy (17.05.150).
The MUD selected Lind Marine of Vallejo, California as the qualified contractor to provide vessel removal and salvage services. The City also retained K.D. Moore Associates to perform an initial marine survey of the vessel in accordance with the requirements of the Harbors and Navigation Code City of Stockton Page 2 of 4 Printed on 6/13/2024
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File #: 24-0570, Version: 1
Sections 550 and 551 to substantiate the tugboat as “Marine Debris”. K.D. Moore also performed a subsequent Dead Ship Tow Survey in accordance with the requirements of the USCG. In addition, Parker Diving provided site security while the tugboat Mazapeta was floating and awaiting the dead ship tow to Mare Island in Vallejo.
By January 17, 2024, the USCG team completed the work to repair the leaks, refloat the tugboat, and remove the petroleum products. Once the tugboat was refloated, it was turned over to the City for salvage and disposal. On January 18, 2024, Lind Marine performed a dead ship tow to bring the tug to the dockside at the contractor’s shipyard in Mare Island awaiting the next dry dock availability. The Mazapeta remained dockside at Mare Island until final disposal on March 27, 2024.
Following the removal of the Mazapeta, MUD operations staff brought the Delta Water Supply Project Intake Pump Station back into service. Currently, MUD staff are working to recover the expended funds from possible responsible parties, organizations, and various State and Federal agencies.
Present Situation
By April 24, 2024, all costs incurred to remove, salvage, and dispose of the tugboat Mazapeta and execution of the emergency procurement was complete, which included the following totals:
1. Lind Marine $479,868.00
2. K.D. Moore and Associates $8,510.50
3. Parker Diving $2,800.00
Total cost = $491,178.50
Under the City Manager Emergency Contract and Procurement Policy (17.05.150 Section 4), the MUD is required to make a record of all emergency purchases of supplies and services of more than $100,000 and report to the City Council for ratification at the next Council meeting or no later than sixty (60) days following execution of the emergency procurement. Based on the 60-day rule, the ratification of the tugboat Mazapeta response and costs was scheduled for the City Council meeting on June 18, 2024.
Findings
The findings for the exception to the competitive bidding process, in accordance with SMC section
3.68.070, are as follows:
1. The City’s Delta Water Supply Project Intake Pump Station is a vital component of the City’s water supply portfolio.
2. The sinking of the tugboat resulted in a significant threat to the City’s water supply, intake, and water treatment plant infrastructure.
3. Removing and salvaging the tugboat was necessary to protect public health, in accordance with environmental regulations.
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4. Lind Marine is a responsive and qualified contractor that was available and capable of completing the necessary removal and salvage of the vessel, which was in the best interest of the public.
5. The removal and salvage costs of the sunken tugboat Mazapeta were completed by April 29, 2024.
Staff recommends that the City Council approve findings and ratify final expenses of $491,178.50 for the salvage and disposal services of the sunken tugboat Mazapeta.
FINANCIAL SUMMARY
There are sufficient funds in the Delta Water Operations Division for the emergency removal and salvage services provided by Lind Marine and associated contractors.
There is no impact to the General Fund or any other unrestricted fund from this action.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION TO APPROVE FINDINGS AND RATIFY FINAL EXPENSES FOR THE
SALVAGE AND DISPOSAL OF THE SUNKEN TUGBOAT MAZAPETA
On September 4, 2023, the derelict, World War-II era tugboat Mazapeta, sank near the end of Eight Mile Road in the Delta. The sinking caused a significant diesel fuel and engine oil spill into Little Potato Slough. The vessel sank outside the City’s jurisdiction but less than a mile from the City’s Delta Water Supply Project Intake Pump Station (IPS).
The IPS supplies raw water for the water treatment plant which serves about 200,000 customers daily. Staff from the Municipal Utilities Department (MUD) immediately shut down the IPS to prevent contamination of the water supply, intake, and water treatment plant infrastructure; and
On October 18, 2023, the City Manager approved the MUD request for emergency procurement authorization for the removal and salvage of the sunken tugboat, Mazapeta, in accordance with City Manager Emergency Contract and Procurement Policy (17.05.150), which provides a process for rapidly acquiring needed materials or services for critical, unforeseen government need amid emergency situations as defined in Chapter 3.68 of the Stockton Municipal Code; and
On January 17 and 18, 2024, MUD acted under the jurisdiction of San Joaquin County and the California Harbors and Navigation Code sections 550 & 551 to take a direct transfer of the vessel or hand-off from USCG, through a qualified salvage and disposal contractor, when the vessel was refloated as part of the Unified Command’s spill removal plan; and
The dead ship tow was completed on January 18, 2024, and the Mazapeta remained dockside at Mare Island until the next available dry dock followed by final disposal on March 27, 2024; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process:
a. The City’s Delta Water Supply Project Intake Pump Station is a vital component of the City’s water supply portfolio.
b. The sinking of the tugboat resulted in a significant diesel fuel and engine oil spill into Little Potato Slough, which posed a threat to the City’s water supply, intake, and water treatment plant infrastructure. c. Removing and salvaging of the tugboat was necessary to protect public health, in accordance with environmental regulations.
217
d. Lind Marine is a responsive and qualified contractor that was available and capable of completing the necessary removal and salvage of the vessel, which was in the best interest of the public.
e. The removal and salvage costs of the sunken tugboat Mazapeta were complete by April 29, 2024.
2. The City Council ratifies the total expenditure of $491,178.50 for the removal and salvage of the sunken tugboat Mazapeta.
3. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED June 18, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
218
City of Stockton
Legislation Text
File #: 24-0515, Version: 1
APPROVE FINDINGS AND AWARD AN ENGINEERING SERVICES CONTRACT TO SCHAAF &
WHEELER CONSULTING CIVIL ENGINEERS FOR THE DESIGN OF THE LINCOLN STREET
PUMP STATION AND FORCE MAIN PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution 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 a Professional Engineering Services Contract in the amount of $853,250 with Schaaf & Wheeler Consulting Civil Engineers of Santa Clara, CA, for the design of the Lincoln Street Pump Station and Force Main Project, UW24005 (Exhibit 1 to the Resolution).
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 2022 Wastewater Master Plan Update recommended the City construct a new sanitary sewer pump station and force main facilities necessary to address critical deficiencies in the City's Downtown Core District sanitary sewer collection system.
On September 3, 2023, the MUD advertised a Request for Proposals (RFP) for the Lincoln Street Pump Station and Force Main Project (UW24005) design services. On February 15, 2024, three (3) proposals were received. The selection committee evaluated the proposals and found Schaaf & Wheeler Consulting Civil Engineers (Schaaf & Wheeler) of Santa Clara, CA, to be the most qualified firm to perform the scope of work for the pump station and force main design.
If approved by the City Council, this action will award a Professional Engineering Services Contract to Schaaf & Wheeler in the amount of $853,250 for the design of the Lincoln Street Pump Station and Force Main Project (UW24005).
DISCUSSION
Background
The 2022 Wastewater Master Plan Update recommended that the City construct a new sanitary sewer pump station and force main to eliminate the siphon pipeline at the Mormon Slough crossing City of Stockton Page 1 of 3 Printed on 6/13/2024
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File #: 24-0515, Version: 1
and adjacent gravity sewers in Downtown Stockton. The project will provide the necessary facilities to convey sewage from Downtown Stockton to the City's Regional Wastewater Control Facility (RWCF).
The Market Street trunk sewer turns south and crosses Mormon Slough through an inverted siphon that is over 100 years old. The siphon is difficult to maintain due to its age and high-risk of failure. If failure occurs, the City's Downtown Core District (Downtown) will be impacted by prolonged bypass pumping and emergency repairs.
Present Situation
On September 3, 2023, the MUD advertised the RFP for the Lincoln Street Pump Station and Force Main Project in the Stockton Record and on the City's Bid Flash webpage.
Two non-mandatory pre-proposal meetings and job walks were held on September 14, 2023, and January 17, 2024. On February 15, 2024, three (3) sealed proposals were received by the City Clerk from the following engineering firms:
• Schaaf & Wheeler Consulting Civil Engineers (Santa Clara, CA) • Blackwater Consulting Engineers (Modesto, CA)
• West Yost Associates (Davis, CA)
A selection committee comprised of MUD engineering management staff evaluated the proposals based on their understanding of work, experience with similar projects, staff qualifications, project approach, cost, and local preference. Schaaf & Wheeler was found to be the most qualified to perform the scope of work for the pump station and force main facilities design. Schaaf & Wheeler proposes to design the project for a fee of $853,250, which is reasonable considering the size and complexity of this project.
Staff recommends that the City Council approve a resolution to award a Professional Engineering Services Contract to Schaaf & Wheeler in the amount of $853,250 for the design of the Lincoln Street Pump Station and Force Main Project.
It is anticipated that the design will be completed by Spring 2025. Once the design is completed, staff will return to the City Council to award a construction contract.
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, the City Council may approve findings that support an exception to the competitive bidding process. These findings include:
1. The City does not have sufficient staff capabilities and expertise to design the project for bidding and construction.
2. The scope of services requires an engineering firm experienced in pump station and sanitary sewer force main design.
3. The use of the RFP process is appropriate for this Professional Engineering Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for the selection of a vendor.
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File #: 24-0515, Version: 1
4. Using the RFP criteria helps ensure the selection of a vendor that will provide the highest quality professional service, which is in the public interest.
This contract is for professional engineering design services and not subject to Local Employment requirements or CEQA requirements.
FINANCIAL SUMMARY
There are sufficient funds available in the Wastewater CIP Project UW24005 Account to award the professional engineering services contract for $853,250 to Schaaf & Wheeler Consulting Civil Engineers of Santa Clara, CA, for the design of the Lincoln Street Pump Station and Force Main Project.
This action has no impact on the General Fund or any other unrestricted funds.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AWARDING AN ENGINEERING SERVICES CONTRACT TO SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS FOR THE DESIGN OF THE LINCOLN STREET PUMP STATION AND FORCE MAIN PROJECT (UW24005)
The 2022 Wastewater Master Plan Update recommended the City construct a new sanitary sewer pump station and force main facilities along Lincoln Street to address critical deficiencies in the City's Downtown Core District's sanitary sewer collection system; and
On September 3, 2023, the MUD advertised a Request for Proposals for the Lincoln Street Pump Station and Force Main Project design services. On February 15, 2024, three (3) proposals were received. The selection committee evaluated the proposals and found Schaaf & Wheeler Consulting Civil Engineers of Santa Clara, CA, to be the most qualified firm to perform the scope of work for the pump station and force main design; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. These findings include:
a. The City does not have sufficient staff capabilities and expertise to design the project for bidding and construction.
b. The scope of services requires an engineering firm experienced in pump station and sanitary sewer force main design.
c. The use of the RFP process is appropriate for this Professional Engineering Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for the selection of a vendor. d. Using the RFP criteria helps ensure the selection of a vendor that will provide the highest quality professional service, which is in the public interest.
2. Award a Professional Engineering Services Contract in the amount of $853,250 to Schaaf & Wheeler Consulting Civil Engineers of Santa Clara, CA, for the design of the Lincoln Street Pump Station and Force Main Project, UW24005, a copy of which is attached as Exhibit 1 and incorporated by this reference. 222
3. The City Manager or designee is hereby authorized and directed to execute all documents, including, but not limited to, agreements and amendments.
4. The City Manager is hereby authorized to take the appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED June 18, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC
Interim City Clerk of the City of Stockton
223
1 (ZĞǀ͘ϭϬ.Ϯϳ.ϮϮ)
CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”) to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: Terminates on:
_____________________________________________________________________________
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
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<(6 ____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address
CITY OF STOCKTON
_________________________________________________________BB________________ +DUU\%ODFN City Manager Date
ATTEST:
____________________________________________________________________________ .DWKHULQH5RODQG&0&, ,QWHULPCity Clerk
APPROVED AS 7O FORM:
/RUL0$VXQFLRQ, City Attorney
BY:
Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms Conditions
(d) Exhibit D –
H
Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
______________________________
Authorized Signature
4/12/2024
EXHIBIT 1
Attachment 1
Schaaf & Wheeler Consulting Civil Engineers Engineering Design Services December 31, 2026
853,250.00
Professional Services Special Terms & Conditions
ARPA
Schaaf & Wheeler Consulting Civil Engineers
Glen M. Anderson, PE, PSAP, Vice President
4699 Old Ironsides Drive, Suite 350, Santa Clara, CA 95054 224
1 (Rev. 10.30.18)
EXHIBIT A
STATEMENT OF WORK
Lincoln St. Pump Station and Force Main Project (UW24005)
1. Project Objectives
Perform design services for the new Lincoln Street pump station and force main facilities necessary to address the critical deficiencies in the City of Stockton Downtown Core District’s sanitary sewer collection system.
2. Project Scope
Consultant shall provide professional engineering services, including a basis of design report, design (preparation of construction plans, specifications, and estimates), permitting and environmental documentation, and engineering support during bidding and construction.
Refer to Tasks noted under Item No. 5 below and the attached Schaaf & Wheeler Proposal for the Lincoln Street Pump Station and Force Main Project (S&W Proposal) for further details of the project scope, which is attached and incorporated herein by this reference (Attachment 1).
3. Major Deliverables
The following deliverables shall be provided as described in the S&W Proposal and as noted below:
4.1 Review meeting agendas, meeting notes
4.2 Basis of Design Report
4.3 Permitting and Environmental Documentation
4.4 Plans, specifications, and estimates
4.5 Submittal review and responses
4.6. Record drawings
4. Tasks That Support the Deliverables
The following tasks shall be performed as described in the S&W Proposal and as outlined below:
5.1 Project Management
5.2 Basis of Design Report
5.3 Field Investigations
EXHIBIT 1
225
2 (Rev. 10.30.18)
5.4 Permitting and Environmental Documentation (CEQA)
5.5 Design Packages
5.6 Engineering Services During Construction
5. Criteria of Acceptance for Deliverables
All deliverables /services shall be acceptable to the City and reviewed for consistency and expediency
6. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: Schaaf and Wheeler City: City of Stockton
Attn: Glen Anderson Attn: City Manager
4699 Old Ironsides Dr., Ste. 350 425 N. El Dorado Street Santa Clara, CA 95054 Stockton, CA 95202
7. Key Personnel
Ana Chiono, Associate Engineer/City Project Manager
209-937-5650
[email protected]
Glen M. Anderson, Schaaf & Wheeler/Project Manager
408-966-5341
[email protected]
A summary of key personnel and sub-consultant roles and responsibilities is also included in the attached S&W Proposal, with full resumes included.
EXHIBIT 1
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REV 2022Ͳ05Ͳ17
Exhibit B:
Insurance Requirements for Professional Services
(Lincoln Street Pump Station and Force Main Project -UW24005)) 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 1
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Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any EXHIBIT 1
Attachment 1
228
REV 2022Ͳ05Ͳ17
endorsement that may be necessary to affect this waiver of subrogation, but this 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 (Professional & Pollution only)
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 1
Attachment 1
229
REV 2022Ͳ05Ͳ17
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 1
Attachment 1
230
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 EXHIBIT 1
Attachment 1
231
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.
Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 EXHIBIT 1
Attachment 1
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(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 3 EXHIBIT 1
Attachment 1
233
(Rev. 10.30.18; Mod 0ϱ͘Ϭϴ͘ϮϯZD)
11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors. Indemnity and Hold Harmless. 7R WKH IXOOHVW H[WHQW SHUPLWWHG E\ ODZ &RQWUDFWRU VKDOO KROG KDUPOHVV GHIHQG DQG LQGHPQLI\ &LW\ RI 6WRFNWRQ DQG LWV RIILFHUV RIILFLDOV HPSOR\HHV DQG YROXQWHHUV IURP DQG DJDLQVW DQ\ DQG DOO OLDELOLW\ ORVV GDPDJH H[SHQVH FRVWV
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Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 EXHIBIT 1
Attachment 1
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(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ
17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.
21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
5 EXHIBIT 1
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(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ
24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
6 EXHIBIT 1
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29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
7 EXHIBIT 1
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EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other EXHIBIT 1
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2 (Rev. 07.12.22)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed EXHIBIT 1
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basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. Personnel
6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.
7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
EXHIBIT 1
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4 (Rev. 07.12.22)
8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
EXHIBIT 1
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1 (Rev. 10.30.18)
EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $853,250.00 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.
Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.
Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.
Reimbursement shall be made at actual costs with no markup added to the actual cost.
1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.
Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
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1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.
1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed 10 %.
2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
Task Description Task Price
1 Project Management $ 57,380.00
2 Basis of Design Report $ 54,640.00
3 Field Investigation $ 208,070.00
4 Permitting and CEQA $ 128,970.00
5 Design Packages $ 308,210.00
6 Engineering Services during Construction $ 95,980.00
TOTAL PRICE $ 853,250.00
3. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.
Hourly Billable Rate Schedule
See the attached Schaaf & Wheeler Hourly Charge Rate Schedule (Attachment 2).
4. Additional Fees. Should an amendment to the Agreement be issued for additional services that require the following items, the unit prices are as follows:
Title Unit Price
N/A $
5. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:
City of Stockton Municipal Utilities Department
Attention: Ana Chiono
2500 Navy Drive
Stockton, CA 95206
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EXHIBIT F
TIMELINE
1. Contractor shall complete the requested services identified in Exhibit A as shown in the attached Preliminary Project Schedule (Attachment 3).
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Schaaf & Wheeler
CONSULTING CIVIL ENGINEERS
1171 Homestead Rd., Ste. 255
Santa Clara, CA 95050
(408) 246-4848
SantaClara, CA 95050
(408)246-4848
Schaaf & Wheeler
CONSULTING CIVIL ENGINEERS
1171 Homestead Rd., Ste. 255
February 15, 2024
PROPOSAL FOR
City of Stockton
Lincoln Street Pump Station and Force Main
Project No. UW24005
EXHIBIT 1
Attachment 1
245
Table of Contents
Schaaf & Wheeler
Table of Contents
Cover Letter.................................................................................................................................1 Minimum Experience Qualifications Summary........................................................................2 Management/Method of Operation............................................................................................2 References.................................................................................................................................11 Corporate Structure, Organization..........................................................................................15 Appendix A: Resumes
Appendix B: Financial Statement
Addenda Acknowledgement
Proposal Fee (included separately)
EXHIBIT 1
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Schaaf & Wheeler 1
Schaaf & Wheeler
CONSULTING CIVIL ENGINEERS
4699 Old Ironsides Drive, Suite 350
Santa Clara, CA 95054
(408) 246-4848
Cover Letter
February 15, 2024
Office of the City Clerk
First Floor, City Hall
425 North El Dorado Street
Stockton, CA 95202
Subject: Lincoln Street Pump Station and Force Main, Project No. UW24005 To whom it may concern:
Schaaf & Wheeler is pleased to submit our proposal to provide engineering design services for the Lincoln Street Pump Station and Force Main project to the City of Stockton. Our team is positioned to design sanitary sewer system Facilities that pump and convey the downtown flows to the Regional Wastewater Control Facility (RWCF).
Recently, we completed similar projects for the Cities of Richmond and San Mateo as well as for the Port of Oakland and many other municipalities throughout the Bay Area. We are excited for the opportunity to apply this experience to the City’s project. Our knowledge of sanitary sewer flow studies, pipeline work, and pump station design will ensure we complete the project successfully.
Our team of engineers has extensive experience in wastewater system pipelines, pump stations, storage tanks, supply and distribution, and hydrologic and hydraulic modeling. We regularly assess existing conditions, identifying deficiencies, developing alternatives, prioritizing projects, and designing improvements.
I will be the project manager and am authorized to contractually bind our firm. I have more than 17 years of experience designing sewer infrastructure in Northern California. Benjamin L. Shick, PE will be the principal-in-charge. He has more than 20 years of experience overseeing water resources projects. Lawrence D. Johnson, PE will provide QA/QC services. Larry has worked on more than 100 pump stations in the last 5 years.
The enclosed proposal outlines our project approach, work plan, and team qualifications. We welcome the opportunity to meet with the City to discuss our proposal further. If you need any additional information or have any questions, please contact me at 4699 Old Ironsides Drive, Suite 350 Santa Clara, CA 95054; (408) 246-4848 x 217; [email protected].
Sincerely,
Schaaf & Wheeler
Glen M. Anderson, PE, PSAP
Vice President
EXHIBIT 1
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Minimum Experience Qualifications Summary
Schaaf & Wheeler 2
Minimum Experience Qualifications Summary
Firm Name: Schaaf & Wheeler
Type of Organization: Corporation – Incorporated in California since 1985, in business 39 years
Primary Contact: Glen M. Anderson, PE
(408) 246-4848 x 217; [email protected]
Offices: HQ: 4699 Old Ironsides Drive, Suite 350, Santa Clara, CA 95054 870 Market Street, Ste. 1278, San Francisco, CA 94102
2200 Range Avenue, Ste. 201, Santa Rosa, CA 95403
3 Quail Run Circle, Ste. 101, Salinas, CA 93907
10232 Donner Pass Road #4, Truckee, CA 96161
Professional
Registrations and
Affiliations:
Certified State of California Small Business Enterprise Certification No. 40527
Schaaf & Wheeler has provided wastewater design services to public agencies throughout Northern California for almost 40 years. Some of our recent projects include:
Ferry Point Sanitary Sewer Pump Station for the Richmond Municipal Sewer District; Maritime Sanitary Sewer Compliance for the Port of Oakland; Sanitary Sewer Lift Stations Rehabilitation for the City of San Mateo; and Canon Sanitary Sewer Pump Station for the Stege Sanitary District.
Our team will be led by Glen M. Anderson, PE as project manager, who is NASSCO PACP, MACP, and LACP Certified and is a Pump System Assessment Professional, as certified by the Hydraulic Institute.
Glen will be supported by Benjamin L. Shick, PE as principal-in-charge. Ben has more than 20 years of experience overseeing pump station design projects. Lawrence (Larry) D. Johnson, PE will provide QA/QC services. Larry has designed dozens of pump stations throughout Northern California and has worked closely with the City for several years as a subconsultant to Kier + Wright.
Management/Method of Operation
Management
Through previous similar projects, we have found that efficiency is the key to successful projects. By developing and implementing an efficient and easy to follow project work plan, we can ensure the project is completed on budget and in a timely manner that allows for detailed quality reviews prior to deliverables. This will let the City focus on the engineering aspects of the deliverable rather than quality control. Outlined below are several areas that we feel are critical to a successful project:
1. Project manager involvement. Schaaf & Wheeler project managers actively provide engineering support to the project. This allows the project manager to be aware of project needs and challenges as they arise, allowing for a quick shift in the project approach, if necessary. This intimate knowledge of the project will also allow the City to stay informed of project progress and changes that may arise.
EXHIBIT 1
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Management/Method of Operation
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2. Early data review will allow the project team to identify items critical to design.
Additionally, early review of available data will inform the project team on how to proceed with field work. It will be critical to understand the hydraulics of the upstream system that may impact the operating conditions of the new station or may drive design considerations.
3. Development and constant update of a critical-path schedule will ensure sufficient staff are dedicated to the project. Additionally, an informative schedule will allow the City to anticipate project deliverables and schedule review staff, minimizing the City’s review time.
Diligent project management will play a critical role in providing a quality service that meets the City’s needs. Schaaf & Wheeler’s project manager, Glen Anderson, PE will be the City’s point of contact throughout the project. All project staff and subconsultants will report to Glen to expedite coordination and deliverables for the City.
With experience from several similar projects, Schaaf & Wheeler has developed and will employ several tested tools as part of our services. These procedures and tools will allow us to provide the City with effective project management and high overall quality of service throughout the project.
Consistent Communication: Bi-weekly conference calls allow Schaaf & Wheeler team to communicate with the City’s project staff on a consistent, prescheduled basis. This allows the City staff to be aware of progress made, needed input and keeps them involved in the project and decision making. Similar to construction progress meetings, these conference calls are typically very short, providing an update to both parties. If an issue arises, it can be dealt with quickly, limiting the potential impact to schedule and budget.
In-Person Meetings: While much
communication and coordination can occur
through digital means, there is a significant
benefit of face-to-face meetings. As such, we
include a kick-off meeting and design review
meetings in our scope. This allows for a
collaborative workshop environment to guide the
project to the end result desired by the City.
QA/QC: Larry Johnson, PE is on board to
provide quality control review of all deliverables.
With each quality control review, a detailed
comment and response form will be filled out
and submitted to the City with the associated
submittal. A typical iteration of our quality review
procedure is shown in the adjacent figure.
Pump Station Specifics
The Schaaf & Wheeler team proposed for this project has designed hundreds of sewer pump stations. From these pump stations, we have gained valuable insight that we bring to this project. Discussed herein are design considerations specific to the Lincoln Street Pump Station EXHIBIT 1
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Management/Method of Operation
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as well as potential changes to the project approach that may provide design efficiencies and cost savings for the City.
As identified in the RFP, the station’s design capacity is to be 5.2 million gallons per day (mgd), which equates to approximately 3,600 gallons per minute (gpm). In order to accurately size the required pumps, the forcemain must first be sized. The table below shows several potential nominal forcemain sizes, the associated velocities, approximate headlosses, and approximate pumping horsepower required to pump the peak flow. As the table reveals, the forcemain diameter can significantly alter the friction loss within the forcemain and the required pumping horsepower.
Further guiding the forcemain sizing is the City’s public work standards that state for forcemains longer than 1,000 feet in length, velocity should be limited to approximately 5 feet per second (fps).
Table: Pump Station Forcemain Diameter Impact on Pump Motor Sizing Forcemain
Diameter (in)
Flow Velocity
(fps)
Forcemain
Friction Loss (ft)
Pumping
Horsepower
12 10.2 66 130
14 7.5 32 73
16 5.8 16 54
18 4.6 9 44
In addition to pumping
horsepower, the forcemain
sizing can impact the viability
of variable frequency drives
(VFDs) by shifting the system
to either a static driven system
or a friction driven system.
Typically, systems that have
high friction headloss benefit
significantly from the use of
VFDs because these systems
typically allow for large
amounts of turn down while
maintaining high efficiencies.
Alternatively, systems with high
static head typically do not
benefit significantly from VFDs
because the amount of
turndown is limited and
efficiency is decreased as the operation moves to the left of performance curve. This is summarized in the two system and pump curves shown to the right, each of which shares a common design point.
Schaaf & Wheeler will evaluate forcemain diameters and VFD suitability as part of our preliminary design effort. For the purposes of discussion, we have assumed an 18-inch forcemain that has allowed us to preliminarily select sewage pumps and prepare conceptual layouts for discussion. Use of an 18-inch forcemain limits flow velocities below 5 feet per second EXHIBIT 1
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as required by the City’s standards. We do want to have discussions as part of the design development process as we feel that allowing for slight deviations from the City’s standards may allow for pumps that are a better fit and offer more operational flexibility.
Using the design parameters outlined in the RFP and assuming an 18-inch forcemain, the proposed pump station would include three 15-horsepower Flygt NP 3153 LT pumps for duty service as well as a fourth pump in standby to ensure the station’s firm capacity is maintained as required by the City standards. We have prepared a cursory hydraulic system curve to confirm pump sizing. While we have preliminarily sized the station for four pumps, there are benefits to constructing the station with three slightly larger pumps that we can discuss during preliminary design.
The figure below shows a potential site layout and station configuration. We have included a CMU building to house electrical components and a standby generator. Ideally, the wetwell and valve vault would be precast concrete. However, due to the size of the station, we anticipate the wetwell will be cast in place. We have also included security fencing and other site improvements to make the facility secure and safe for staff to work. As part of the kickoff meeting, we would hope to engage stakeholders to determine expectations for the site.
One Pump:
1,802 gpm, 2.3 fps
Two Pumps:
3,028 gpm, 3.9 fps
Three Pumps:
3,769 gpm, 4.8 fps
0.0 1.3 2.6 3.8 5.1 6.4 7.7 9.0 10.3
0 10
20 30
40 50
60 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000
Force Main Velocity (fps)
Total Dynamic Head (ft)
Pumped Flow (gpm)
Station Design Flow: 5.2 MGD (3,611 gpm)
System - Approximate Average TDH
One Pump
Two Pumps
Three Pumps
Pump Best Efficiency Point
City Standard Approximate Max FM Velocity: 5.0 fps
Pump: Flygt Model N 3153 LT - 414 Impeller - 15 HP Motor Force Main: 18-in Diameter (AWWA PVC C900, DR 25), 2,400-ft Long EXHIBIT 1
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Scope
Outlined below is our scope of services that aligns with the City’s identified scope.
Task 1: Project Management
This task includes all project management tasks such as coordinating with the City, coordinating with subconsultants, meeting scheduling, attendance, agenda and minute preparation, and monthly status and budget updates. The scope assumes:
Bi-weekly coordination calls via MS Teams (26 assumed, 1 hour each) Deliverable review meetings/workshops with City, in-person or via MS Teams at City’s discretion (4 assumed, 2 hours each)
Monthly invoices, schedule updates, status reports
Task 2: Basis of Design Report
We will prepare a basis of design report outlining proposed facility components and potential alternatives. We anticipate preparing a draft basis of design for City review. After City review and alternative selections (if applicable), we will finalize the basis of design. It is intended that the basis of design report will define the project goals, design intent, and design criteria that will serve as the basis for the project as it moves to detailed design. The City’s pump station design criteria will serve as a guide for all proposed improvements. In general, the basis of design report will outline:
Site layout, configurations, and amenities
EXHIBIT 1
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Anticipated construction methodologies
Equipment type, sizing, quantities and configurations Electrical service sizing
Preliminary station design (30% level) showing site plans, structure plans, mechanical plans, pump station sections, single line diagrams
Anticipated permits for proposed construction methodologies Constructability considerations
Phasing discussion for implementation of the new system and decommissioning of existing facilities.
Draft will include any alternatives for City consideration Task 3: Field Investigations
Surveying: Our subconsultant, Kier + Wright, will perform an aerial survey of the project site and alignment. This flight will provide an orthorectified aerial photo as well as topography. Kier + Wright will supplement the aerial survey with traditional on-ground surveying to verify aerial survey accuracy and establish the location of all utilities with surface features. Where accessible, utility depths will be dipped. Right of way and property boundaries will be included from publicly available sources. Kier + Wright has significant experience working in Stockton and will perform surveying on the City’s coordinate system and vertical datum.
Geotechnical investigation: Our subconsultant, Haley & Aldrich, will perform three borings at the pump station site and along the proposed alignment. Boring samples will be analyzed for geotechnical and environmental considerations. A geotechnical report will be prepared that will be used for design and construction of the station and forcemain.
Utility Location: We have included scope for 10 utility potholes to depths of 10 feet.
Additionally, we have included scope for two days (16 hours) of electronic utility location. We have several utility locators at our disposal to meet the project schedule.
Corrosion Protection: We anticipate mitigating corrosion concerns that may exist through design, using corrosion resistant materials. That said, we have included minimal scope for a corrosion engineer to review the corrosion information and confirm the design is corrosion resistant.
Task 4: Permitting and CEQA
Schaaf & Wheeler, as well as our subconsultant, Montrose, will assist the City in the permitting and CEQA process. Upon cursory review of the project, Montrose believes that the project should qualify for a categorical exemption, but this will be analyzed as the project is further detailed. We have included preparation of an initial study/mitigated negative declaration (IS/MND) as an optional task.
For permitting, we will coordinate with the necessary agencies to obtain the required permits for the project. Since the permitting process will be a critical path item, we will prioritize the permits and develop a schedule so that we can plan the project accordingly. It is also important to note that though we are not proposing improvements within Caltrans roadways, we are passing through Caltrans ROW and will be relatively close to their bridge structures. We anticipate the need for a Caltrans encroachment permit, and it may need to be reviewed and approved by headquarters since it is close to their bridges. We have assumed the following permits will be required:
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City Building Permit for Pump Station
City Encroachment Permit for work in Public ROW
Caltrans Encroachment Permit
USACE Section 404 Permit D (considered a “non-reporting” action, but coordination isincluded)
CDFW Section 1602 Permit
RWQQB Section 401 Permit
o Includes preparation of required “frac-out” plan
Task 5: Design Packages
After finalizing the basis of design, Schaaf & Wheeler will move into preparation of detailed construction documents, including plans, specifications, and cost estimates. As requested in the RFP, we have included 60%, 90%, 100% and Final design packages in our scope. Listed below are the anticipated plan sheet descriptions as well as the level of design with which they are planned for inclusion:
Drawing Index/Cover Sheet (60%, 90%, 100%, Final)
Design Criteria (60%, 90%, 100%, Final)
Standard Details for Each Discipline (60%, 90%, 100%, Final) Project Specific Details (90%, 100%, Final)
Site Plans and Layouts (60%, 90%, 100%, Final)
Pipeline Plan and Profile (60%, 90%, 100%, Final)
Mechanical Plans and Sections (60%, 90%, 100%, Final) Structural Plans and Sections (90%, 100%, Final)
Electrical Plans and Sections (60%, 90%, 100%, Final) Interior and Exterior Lighting Plans (90%, 100%, Final) P&IDs (90%, 100%, Final)
Single Line Diagrams (60%, 90%, 100%, Final)
Cathodic Protection Details (90%, 100%, Final) (if required) SCADA Architecture and Block Diagrams (90%, 100%, Final) Reference Drawings (90%, 100%, Final)
Specifications will be prepared in CSI format and coordinated with the City’s front-end specifications (Divisions 0 and 1). The 60% specifications submittal will include an index of all anticipated specifications sections as well as technical specifications for major project components. The 90% specifications will be nearly complete with only minor changes anticipated between the 90% and 100% level. The 100% specifications will be considered final with the only anticipated changes coming from City comment on the 100% specifications.
The intent of the design process will be to provide the City with bid-ready plans and specifications that will be used for public bidding and construction. The cost estimate will be used to accurately estimate the funding necessary for the project construction. The deliverables will be provided as requested in the RFP.
Task 6: Engineering Services During Construction
Schaaf & Wheeler will provide engineering services during construction (ESDC). For scoping purposes, we have assumed the following level of effort for ESDC:
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Submittal Review: Schaaf & Wheeler will review 40 contractor submittals and 20 contractor resubmittals (60 reviews total). For budgeting purposes, we have assumed two hours per submittal review and one hour for resubmittal review. RFI Review and Response: Schaaf & Wheeler will review and respond to contractor RFIs. For scoping purposes, we assume 10 RFIs at one hour each. Construction Meetings: Schaaf & Wheeler has included scope to attend the pre-bid job walk, preconstruction meeting, and six construction meetings. Each meeting is assumed to be one hour.
Schaaf & Wheeler will prepare and submit record drawings based on contractorprovided plan markups. Record drawings will be provided to the City in PDF format and one full sized hard copy will be provided as well.
Design Alternatives & Other Considerations
The RFP identifies design elements to incorporate into the project and as such, we have included these efforts in our scope of services. That said, we believe there are a few design elements that can be modified or eliminated to provide the City substantial cost savings during design and construction while minimizing risk and maintaining the desired level of service.
Reuse of the existing siphon: The RFP identifies reusing the existing siphon under Mormon Slough to provide a parallel, redundant forcemain. While the allure of reusing an existing creek crossing is understandable, this is potentially risky and is not a costeffective method to construct a redundant forcemain. As stated in the RFP, the existing siphon is old, difficult to clean, and in an unknown physical condition. The likelihood that repairs to and modification of the existing siphon are required during construction is quite high. Surveying, design, and permitting can be reduced by eliminating the reuse of the siphon.
Additionally, by its nature, a siphon is a low point in the system. The clogging problems and difficult cleaning that plague the siphon are likely to carry over to the new forcemain installed within it.
Alternatively, if a redundant forcemain is desired, it would be more cost-effective, less risky, and less impactful to the public to construct two parallel forcemains along the primary alignment. Because this alignment will already be under construction, no significant additional construction effort will be required, and the impacts to the public from construction will be limited to the minimum required area. A parallel forcemain can be constructed along the primary alignment for essentially the cost of the materials.
Mormon Slough crossing: To cross Morman Slough, we have assumed that a trenchless crossing will be required as well as the geotechnical and permitting requirements associated with it. This trenchless crossing adds cost and, perhaps more significantly, can greatly increase the permitting duration for the project.
Though the bridge crossing Mormon Slough was designed and constructed by Caltrans, when looking up the bridge number, it is a City or County bridge as designated by the “C” included in the bridge number. As such, we would propose to evaluate the bridge to determine if it has sufficient capacity to support hanging the forcemain from it. If evaluation reveals that the bridge does not have structural capacity for the pipe, we would revert to a trenchless crossing. If the bridge does have capacity, we would further investigate the feasibility and benefits of installing the pipes on the side of the bridge. We EXHIBIT 1
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would expect decreased engineering and permitting efforts associated with installing the pipe on the side of the bridge.
Additionally, regardless of the creek crossing method, it may be prudent to include provisions for connecting a temporary pipeline across the creek. By including valves and cam-lock connections on both sides of the creek crossings, we can ensure that even in a catastrophic failure of the bridge or creek, service can be quickly restored. Including temporary pipeline connections may also prove beneficial if the bridge ever needs replacing in the future.
Construction Phasing: This project has the luxury of utilizing the existing sewer system while the replacement project is built in parallel. As such, phasing appears to be straightforward. A phasing flow chart is shown below, representing what we believe is a feasible construction method. Detailed representative phasing plans will be included in the construction documents, but we will also require the contractor to prepare a detailed phasing plan that aligns specifically with their means and methods.
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References
Schaaf & Wheeler has completed numerous projects similar in size and scope to the Lincoln Street Pump Station and Force Main project. Details and reference information for some of those projects are included below.
Client and Contact:
Mary Phelps
City of Richmond
450 Civic Center Plaza
Richmond, CA 94531
(510) 774-6300
[email protected]
Contract Value: $375,000
Construction Cost: $1,948,000
Project Duration: 2021 – 2023
Team Members:
Lawrence D. Johnson, PE; Brett
F. Crews, PE; Glen M. Anderson,
PE
Subcontractors:
Kier + Wright
TJCAA
BSK & Associates
Ferry Point Sanitary Sewer Pump Station
The Richmond Municipal Sewer District (RMSD) along
with their system operator Veolia, provide collection and treatment services within the central and southern parts of the City of Richmond. This includes the operation and
maintenance of 13 lift stations, one of which being the Ferry Point Lift Station (FPLS) located at the intersection of Brickyard Cove and Dornan Road.
The City of Richmond contracted Schaaf & Wheeler to
design the replacement for FPLS and appurtenances
since it has exceeded its design life and has experienced a number of operational issues in the recent past.
Additionally, future development adjacent to the FPLS site will be served by the FPLS – requiring an increase in
capacity of the FPLS.
FPLS collects wastewater within the southern portion of the Point Richmond/Castro sewershed. Flows are
conveyed to a transition structure located at the northern entrance of the Point Richmond Tunnel, where it then
gravity flows to the wastewater treatment plant.
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Client and Contact:
Quynh Nguyen
Port of Oakland
530 Water Street
Oakland, CA 94607
(510) 627-1240
[email protected]
Contract Value: $1,824,904
Construction Cost: TBD
Project Duration: May 2021 –
May 2025 (Ongoing)
Team Members:
Glen M. Anderson, PE
Brett F. Crews, PE; Lawrence D.
Johnson, PE
Subcontractors:
TJC & Associates
BSK Associates
Subtronic
Presidio Systems
Towill
Maritime Sanitary Sewer Compliance
Schaaf & Wheeler was contracted by the Port of Oakland
to provide sewer system rehabilitation design services.
The project included partnering in design with Black &
Veatch and other subconsultants to address the
requirement of the Port of Oakland’s sewer compliance
program.
We prepared the PS&E and construction bid documents of
force mains, and various sizes of gravity mains and
laterals for replacement or rehabilitation by various means.
Installation and rehabilitation methods include trenched and trenchless methods. This included coordination with subconsultants for ancillary tasks, including utility location and potholing, field surveying, and geotechnical
investigation.
The project also included design for lift station upgrades.
As part of the design, our firm performed a hydraulic/flow calculation and modeling of lift stations upstream and
downstream for sizing wet well storage volume to ensure the system is integrated to prevent overflows. During this analysis we determined one lift station could be
abandoned with a shift in operation.
Our engineers reviewed existing data, conducted field
investigations, performed CCTV on approximately 1,000
feet of pipe, performed utility locating efforts including electronic potholing, potholing, and ground penetrating radar, to validated rehabilitation recommendations for
these projects and expand the existing utility database.
Design is complete on the first two phases of the project, and design of the third phase was completed in July 2023.
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Client and Contact:
Laura Webb, PE, Associate
Engineer
City of San Mateo Public Works
Department
330 W. 20th Ave.
San Mateo, CA 94403
(650) 522-7322
[email protected]
Contract Value: $1,064,167
Construction Cost: $9.8M
Project Duration: 2017 –
Current (multiple phases)
Team Members:
Benjamin L. Shick, PE; Glen M.
Anderson, PE; Curran L. Price,
PE; Larry D. Johnson, PE
Jonathan F. Ondracek
Subcontractors:
MTH Engineering
Biggs Cardosa
Cornerstone Earth Group
Kier+Wright
East San Mateo Sanitary Sewer Lift Stations
Rehabilitation
Schaaf & Wheeler performed condition assessments,
alternatives analysis, and design services for five sanitary sewer lift stations and the associated force mains for the City of San Mateo. Schaaf & Wheeler identified viable
options to eliminate two lift stations and extend the
adjacent gravity and force main systems. The selected
alternative included the following design elements:
Eliminate and abandon 2 lift stations
Replace 4 lift stations and their force mains
Extend gravity sewer mains and force mains to
accommodate lift station elimination
Schaaf & Wheeler is currently preparing design
documents to meet current City design preferences and
standards as well as to provide station reliability in
conformance to the Regional Water Quality Control Board (RWQCB) reliability requirements. Each lift station will have the capability to handle peak wet weather flow
(PWWF), an automatic alarm and communication system,
backup or redundant equipment (pumps, controls, and
power supply), and the ability to perform bypass pumping.
To adequately meet City standards and reliability
requirements the following main components are proposed regardless of the selected alternatives:
New wet well and rail-mounted submersible pumps
New valve vault with bypass pumping connection
New control panel and electrical service equipment
Diesel Engine-Generator Set for standby power
where feasible
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Client and Contact:
Paul Soo, Jr.
Stege Sanitary District
7500 Schmidt Lane
El Cerrito, CA 94530
(510) 524-4668
[email protected]
Contract Value: $94,392
Construction Cost: To be bid in
2024
Project Duration: 2021 – 2024
Team Members:
PM: Lawrence D. Johnson, PE
Staff: Brett F. Crews, PE;
Benjamin L. Shick, PE
Subcontractors:
Kier + Wright
MTH Engineering
Canon Sanitary Sewer Pump Station
Schaaf & Wheeler was contracted by Stege Sanitary
District to design the rehabilitation of the Canon Drive Sanitary Sewer Pump Station and appurtenances located
in Kensington, CA. These services included:
Basis of Design to determine peak wet weather
flow rate, conceptual site plan layout, and
proposed equipment for design of the pump station
rehabilitation;
Coordination with the District’s forcemain design
consultant for hydraulic calculations and tie-in with
pump station rehabilitation plans;
Conversion of Smith & Loveless style pump station
to a rail mounted submersible pump station within
an extremely small right-of-way; and
Coordination with PG&E for demolition of existing
pole mounted electrical service, accommodating an
existing gas main service and providing design
plans for new underground electrical service.
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Corporate Structure, Organization
Schaaf & Wheeler is a civil engineering firm focused in water resources. With almost 40 years of commitment to solving flood control, stormwater, wastewater, potable water, and recycled water problems, Schaaf & Wheeler is recognized by public and private sector clients for its valueadded engineering. We are certified as a small business enterprise by the State of California and operate from five locations: Santa Clara, San Francisco, Santa Rosa, Salinas, and Truckee.
Our firm is employee-owned and operated by 9 principals.
While work will be conducted primarily from our Santa Clara office, we can draw from resources at all five offices when necessary. We have 40 total employees, including 13 fully licensed engineers.
Schaaf & Wheeler has assembled a dedicated team of in-house engineers and subconsultants to complete the Lincoln Street Pump Station and Force Main project for the City, as indicated in our organization chart. A summary of key personnel and subconsultant roles and responsibilities is included below, with full resumes included in the following section.
Schaaf & Wheeler Team
Glen M. Anderson, PE: Project Manager
Glen is a vice president and owner at Schaaf & Wheeler. Through his time with Schaaf & Wheeler, he brings more than 17 years of experience in infrastructure modeling and planning, assessment; and design of wastewater conveyance systems, water supply and distribution systems and stormwater systems. Glen has served as principal-in-charge, project manager, and project engineer of gravity sewers, force mains, and sewage lift stations for public agencies throughout Northern California. Glen’s projects range from small 2-inch water distribution QA/QC
Lawrence D. Johnson, PE
Project Manager Project Manager
Glen M. Anderson, PE
Project Engineer Project Engineer
Brett F. Crews, PE
Assistant Engineer Assistant Engineer
Sandra E. Carroll, EIT
Geotechnical Geotechnical
Haley & Aldrich
Structural Structura
BCA
Electrical
TJCAA
Surveying Surveying
Kier + Wright
Permitting
Montrose
Corrosion Protection orrosion Protectio
JDH Corrosion
Principal Principal-in-Charge
Benjamin L. Shick, PE
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pipelines to 72-inch diameter storm drain pipe repairs to 61 MGD sewer pump stations. Glen is NASSCO PACP, MACP, and LACP Certified and is a Pump System Assessment Professional, as certified by the Hydraulic Institute.
As project manager, Glen will delegate project tasks to the team while maintaining the schedule and budget. He will also be involved in technical aspects of the project, where appropriate. Glen will meet regularly with the City as needed for project updates and to resolve any issues that arise during project development.
Benjamin L. Shick, PE: Principal-in-Charge
Ben is a vice president and an owner at Schaaf & Wheeler. He has more than 20 years of experience in infrastructure planning and design of wastewater, potable water systems, and stormwater. He has served as principal-in-charge and project manager of water and sewer mains, sewage lift stations, stormwater pumping stations, gravity sewers, flood plain investigation, shoreline protection studies, drainage studies, channel design and modeling, water rights permitting, wetland analysis and design, and small bridge design for local public agencies.
As principal-in-charge, Ben will provide technical supervision, peer review, and project oversight. He will also be responsible for contract negotiation and overall technical management for the duration of the project. He will work with Glen to maintain the project schedule and budget and assume ultimate responsibility for the quality of all work. He will work with City staff to make sure contractual issues are resolved.
Lawrence D. Johnson, PE: QA/QC
Larry is a senior project manager at Schaaf & Wheeler. He has more than 11 years of experience in pump stations assessment, hydraulic systems, urban water systems, groundwater hydraulics, open channel hydraulics, water wells and pumps and GIS applications to water resources. He has assessed more than 100 pump stations in the last five years and has recommended improvements and prepared design of improvements for many of them. Larry has experience in water transmission systems and specifications review.
In his role as QA/QC lead, Larry will provide internal technical review of project design documents and will be available for technical assistance throughout the project.
Brett F. Crews, PE: Project Engineer
Brett is an associate engineer with more than four years of experience in design and construction support for wastewater, stormwater, and potable water systems. He has successfully completed several multidisciplinary projects for public and private company clients in and around Northern California. Brett is also experienced in pressurized systems hydraulics, open channel hydraulics, and GIS applications in water resources. Brett is proficient in AutoCAD, ArcGIS, WaterCAD, InfoWater, InfoWater PRO, and InfoSWMM.
As project engineer, he will support Glen in day-to-day engineering tasks.
Sandra E. Carroll, EIT: Assistant Engineer
Sandy has two years of experience with hydraulic modeling, hydrology and hydraulics, water distribution systems, storm drain to sanitary sewer cross-connections, and pump station design.
She has worked on hydraulic modeling related to water system and fire flow analysis for water supply and infrastructure studies and master planning. Sandy also assists with EXHIBIT 1
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development/construction reviews, C3 Compliance Inspections, and FEMA LOMR/CLOMR applications for development projects in San Joaquin, San Mateo, and Santa Clara County.
As assistant engineer, Sandy will assist Glen and Brett with day-to-day engineering.
About Our Subconsultants
Established in 1957, Haley & Aldrich (H&A) was the first geotechnical engineering practice in New England and now has 35 nationwide offices, including local offices in Walnut Creek, Oakland, San Jose, and an office/geotechnical testing laboratory in Hayward. Their projects include pump stations, sewer lines, treatment plants, and storm drain outfall repair and reconstruction projects completed for municipalities such as the Alameda County Flood Control and Water Conservation District, Zone 7 Water Agency, and the cities of Oakland, San Jose, Martinez, Lafayette, Orinda, and Moraga. H&A’s geotechnical expertise specifically related to pipeline projects has resulted in the involvement in numerous significant water and wastewater projects throughout California.
Biggs Cardosa Associates, Inc. (Biggs Cardosa) is a leading, awardwinning California engineering firm that provides structural design, consulting, project management, and construction management services. For over 37 years Biggs Cardosa has been offering structural engineering design and special inspection services to engineers, public agencies, owners, and developers on a wide variety of projects. Biggs Cardosa’s staff have experience on hundreds of civil projects involving City, County, and State design requirements.
TJC and Associates, Inc. (TJCAA) is a small business enterprise providing engineering services to local Bay Area clients, as well as clients throughout the United States. TJCAA provides experience in design of infrastructure for water and wastewater treatment plants, pump stations, and reservoirs/tanks, as well as flood control structures, bridges, and support facilities. TJCAA operates from three fully equipped Northern California design offices in Concord, Oakland, and Sacramento. They have 22 current permanent staff members consisting of licensed professional electrical, control system, and structural engineers, designers, CAD, administrative and clerical personnel.
Kier + Wright (K+W) is a California corporation with offices in Livermore, Santa Clara, Sacramento, Irvine, Camarillo, Manteca, and Gilroy. Founded in 1972, they have over 230 employees, including 15 licensed land surveyors. They have completed more than 100 LEED-certified projects. They are trusted by many cities to bring their public improvements to life, including the City of Oakland, City of Stockton, City of Hayward, Town of Los Gatos, City of Dublin, City of Livermore, and many local municipalities such as Alameda County Public Works, Zone 7 Water Agency, and Alameda County Water District.
Montrose Environmental Solutions (Montrose) is a multidisciplinary environmental consulting firm that specializes in regulatory permitting, environmental studies, and CEQA and NEPA compliance, primarily for public works projects. Their team members are experts in environmental laws such as the Clean Water Act (CWA) and the Endangered Species Act (ESA), CEQA/NEPA, the Municipal Regional Stormwater Permit, and other regulatory requirements EXHIBIT 1
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and permitting. They have extensive project experience and expertise in aquatic and terrestrial biological resources; hydrology; geomorphology; water quality; wetlands; habitat conservation and restoration; and cultural resources. In particular, they are experts in projects that involve creeks, utility or stormwater infrastructure, culverts/bridges, and wetlands and other habitats.
JDH Corrosion Consultants, Inc. (JDH Corrosion) is an
engineering company specializing in providing corrosion consulting services to clients in the fields of water and wastewater treatment and transmission, storage tanks, bridges, pier, piling and other off-shore marine structures, sheet pile walls, mining and minerals, aerospace, petroleum refining and distribution, electric power generation, transportation industry, municipalities and state and federal government agencies. JDH Corrosion specializes in conducting condition assessments, providing corrosion failure analysis, selection of materials for corrosive environments, cathodic protection design and engineering maintenance, stray current analysis, conducting corrosion research projects, selection and specification of protective coatings systems, failure analysis of protective coatings, construction inspection services and expert witness consulting in litigations.
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Appendix A: Resumes
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Appendix A: Resumes
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Resumes
Schaaf & Wheeler
Glen M. Anderson, PE has more than 17 years of experience in sanitary sewer system, potable water, and stormwater planning, assessment and design as well as the construction support and management associated with those projects. Glen has successfully completed work on several sanitary sewer main and trunk rehabilitation projects. He has worked on sanitary sewer pump station rehabilitation projects throughout the Bay Area.
Additionally, Glen has performed condition assessments for more than 150 sanitary sewer and stormwater pump stations. Glen’s potable water experience projects include the assessment and rehabilitation of booster pump stations, design of a water tanks and planning and design for potable water wells and pipelines. In addition to design, Glen has provided construction support and management services for a variety of projects, including wells, pipelines, storage tanks, pump stations, and generator installations.
Selected Project Experience
Wastewater Systems
Sanitary Sewer System
Assessment and Inventory
Port of Oakland
Sanitary Sewer System
Compliance Improvement
Design
Port of Oakland
Crestmoor and Lomita Pump
Stations and Forcemain
City of San Bruno
City of San Mateo Basin 2/3
– Pump Station
Rehabilitations
Stantec/City of San Mateo
Lift Stations J&K and D, F &
W
City of Morgan Hill
PSQ Reserve Flow and URD
Project
East Bay Municipal Utility
District
Assessment and Engineering
for Sanitary Sewer Main
Rehabilitation
City of San Mateo
Force Main Appurtenance
Projects ESDC
Ross Valley Sanitary District
Cabrillo Avenue Sewer Main
Abandonment and
Replacement
City of Santa Clara
South Trunk Sewer Relief
Line
City of San Mateo
Madera Lift Stations (11 Lift
Stations
County of Madera
Mariner’s Island No. 5 and
No. 6 Pump Station
Rehabilitation
City of San Mateo
Sanitary Sewer Pump Station
Repairs
City of Fontana
Pump Station Rehabilitations
City of Alameda
Sanitary Sewer Lift Station M
City of Morgan Hill
S. San Francisco Sanitary
Sewer Pump Station No. 8
Rehabilitation
City of S. San Francisco
City of San Mateo Sanitary
Sewer Pump Station
Assessment
City of San Mateo
Morgan Hill Trunk Sewer No.
2 City of Morgan Hill
Stormwater Systems
Baylands Stormwater Pump
Station No. 2
Education
BSCE, Civil and
Environmental Engineering,
University of California,
Davis
Licenses
Registered Civil Engineer,
California C76720
Certifications
Certified Pump System
Assessment Professional
NASSCO PACP, MACP, and
LACP Certified, Cert. No. U714-06021855
Affiliations
American Water Works
Association
Glen M. Anderson,
PE Vice President
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Resumes
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City of Sunnyvale
Rehabilitation of Failed 96”
Stormwater Corrugated Metal
Pipe
Town of Moraga
O’Connor Pump Station
Improvement Feasibility
Study and Design
City of East Palo Alto
Vista Bella Stormwater Pump
Station Design, Half Moon
Bay
Ruggeri-Jensen-Azar
Citrix Stormwater Pump
Station Design, Santa Clara
Kier & Wright
Silviera Stormwater Pump
Station Design, Gilroy
Ruggeri-Jensen-Azar
Sears Point Stormwater
Pump Stations Design, 2
Stations
Ducks Unlimited, Inc.
Marsten Pump Station
City of Burlingame
San Francisquito Creek
Stormwater Pump Station
City of Palo Alto
Blanco Drain Stormwater
Pump Station
Monterey County Water
Resources Agency
Hope Street Stormwater
Pump Station
City of San Jose
Baylands Stormwater Pump
Station No. 1
City of Sunnyvale
Water Delivery Systems
Curtner Road Booster Station
Rehabilitation
Alameda County Water
District
Oak and Jones Water
System Planning
Summerhill Homes
Water System Planning and
Design
Confidential Client
Country Club and Victoria
Water Booster Pump Stations
City of Petaluma
Cherry Creek Water Pump
Station
City of Hillsborough
Assessment of City Wells
City of Santa Clara
Water System Modeling and
Design
Great Oaks Water Company
Watkins Gate Well and
Pipeline Project
Marina Coast Water District
Well 34 Site Improvements
Marina Coast Water District
Shady Lane Water System
Improvement
San Jose Water Company
Stonegate Water Supply
Project
County of San Benito
San Jerardo Water System
Improvements
County of Monterey
Segunda Pump Station Pump
replacement
California American Water
El Torro Wells
California American Water
Valley Christian School Pump
Station Rehabilitation
Valley Christian School
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Resumes
Schaaf & Wheeler
Benjamin L. Shick, PE has more than 20 years of experience in water resources infrastructure planning and design of wastewater conveyance systems, water supply and distribution systems, stormwater systems, and pump stations.
Ben has conducted floodplain investigation, shoreline protection studies, drainage studies, channel design and modeling, water rights permitting, wetland analysis and design, small bridge design, infrastructure design, surveying, construction management, and construction quality control testing. He has been involved with all project phases, from initiation to construction document preparation and construction support.
Selected Project Experience
Wastewater Systems
2023 Sanitary Sewer
Rehabilitation Project
City of Belmont
Frontage Road Force Main
Replacement
City of Mill Valley
Basin C Sewer Rehabilitation
City of San Mateo
Basin E Sewer Rehabilitation
City of San Mateo
West Valley Logistics
Sanitary Sewer Pump Station
City of Fontana
El Camino Drive Sewer
Rehabilitation
Town of Corte Madera
FY 2020/21 Sewer
Assessment and Design
City of Mill Valley
2020 Sewer Repair and
Replacement Project
San Rafael Sanitary District
Sanitary Sewer Improvement
Project
City of Morgan Hill
Old County Road and El
Camino Sewer and Storm
Drain Improvements
City of Belmont
2020 Sewer Rehabilitation
Project
Town of Corte Madera
Woodland Avenue Sewer
Improvements
San Rafael Sanitary District
2019 Sewer Repair Project
City of Mill Valley
El Camino Sewer
Rehabilitation
City of San Mateo
FY 2019/20 Force Main
Appurtenance Project
Ross Valley Sanitary District
North Road Sanitary Sewer
Pump Station and Force
Main
City of Belmont
East San Mateo Sanitary
Sewer Pump Station
City of San Mateo
Ocean Colony Pump Station
and Force Main Design
City of Half Moon Bay
Sewer Main and Water Main
Replacement
Mid-Peninsula Water District
& City of Belmont
Sanitary Sewer Lift Station
Rehabilitation Design
City of San Mateo
Wastewater Pump Stations
Assessment
Delta Diablo
Sanitary Sewer Rehabilitation
and Replacement
Rehabilitation Projects
City of Belmont
Sanitary Sewer Rehabilitation
Project
City of San Mateo
Benjamin L. Shick, PE
Vice President
Education
BSCE, Montana State
University-Bozeman
MSCE, Montana State
University-Bozeman
Licenses
Registered Civil Engineer
California C68813
Affiliations
American Society of Civil
Engineers
Floodplain Management
Association
Software
AutoCAD, WaterCAD, HECRAS, HEC-HMS, GeoRAS,
MOUSE, ArcGIS 9.0
EXHIBIT 1
Attachment 1
268
Resumes
Schaaf & Wheeler
Force Main Appurtenance
Projects
Ross Valley Sanitary District
On-Call Mechanical
Engineering Services for
Stormwater Pump Stations
City of Alameda
Sewer and Pump Station
Maintenance Services
City of Half Moon Bay
Pump Station Improvements
Project
City of Oakland
Northside & Rabello Sanitary
Sewer Pump Station Bypass
& Meter Relocation
City of Santa Clara
Sanitary Sewer Pump Station
Evaluation and Design
Town of Hillsborough
Sanitary Sewer Pump Station
Evaluation
Ross Valley Sanitary District
Pump Station Review and
Recommendations
Sewer Authority MidCoastside
Cabrillo Avenue Sewer Main
Abandonment and
Replacement
City of Santa Clara
Citywide Sanitary Sewer
Pump Station Rehabilitation
City of Fontana
Rehabilitation Design of 32
Sanitary Sewer Pump Station
City of Alameda
Mariner’s Island #5 and #6
Pump Station Replacement
City of San Mateo
Sanitary Sewer Pump Station
Evaluation
City of Santa Clara
Citywide Sanitary Sewer
Pump Station Study
City of San Mateo
El Camino Real Sanitary
Sewer Improvement Project
BRE Properties, Inc./City of
Santa Clara
Kingridge Sanitary Sewer
Improvement Project
City of San Mateo
Alameda Sanitary Sewer
Pump Station Assessment
City of Alameda
E. Garrison Sanitary Sewer
Pump Station and Sewer
Main Replacement
Marina Coast Water District
Calabazas Creek Sewer
Siphon Design
City of Santa Clara (2009)
Stormwater Planning and
Design
Laurel Ave Storm Drain
Improvement Project
City of Larkspur
2022 Storm Drain
Improvements
Town of Corte Madera
Large Full Trash Capture
Device Project
City of Hayward
Storm Drain Pump Station
Assessment
City of Larkspur
MCSTOPP Full Trash
Capture Device Project
City of San Rafael
Old County Road Storm
Drain Improvements
City of Belmont
NEI Stormwater Pump
Station Design
City of Tracy
Storm Drain Pump Station
Improvements
City of Alameda
Los Gamos Storm Drain
Alternatives
City of San Rafael
Storm Drain Rehabilitation
Design
City of Belmont
Water System Design
Trevarno Rd Water
Improvements
City of Livermore
Ralphine Tank Water Quality
and Piping Evaluation
Sonoma Water
Old County Road Water Main
Improvements
Mid-Peninsula Water District
Water Main Replacement
Mid-Peninsula Water District
Long-Term Capital Needs
Assessment
Caspar Services Company
El Camino Water and Sewer
Replacement
City of Santa Clara
D&E Reservoir Design and
Construction Management
Marina Coast Water District
Well #10 Rehabilitation
Marina Coast Water District
Karns Hillside Addition Water
System Design
Jackson Hole, WY
Teton Springs Water System
Design
Teton Springs Real Estate
Hydrology, Hydraulics, and
Floodplain Management
Calwater Tank Overflow
Analysis
City of San Mateo
Miller Middle School Flood
Study
Nyberg Architects
Dilworth & De Vargas School
Flood Study
Cornerstone Earth Group
Airport Flood Protection
Project
City of Livermore
Belmont Marburger Flood
Study
Colantuono, Highsmith &
Whatley, PC
EXHIBIT 1
Attachment 1
269
Resumes
Schaaf & Wheeler
Lawrence D. Johnson, PE has more than 11 years of experience with hydraulic systems, urban water systems, groundwater hydraulics, open channel hydraulics, water wells and GIS applications to water resources. In addition, Larry has extensive knowledge in pump station design and assessment. Larry also has experience in floodplain hydraulics, mapping, CLOMR/LOMR applications, and floodplain impact assessments.
Selected Project Experience
Pump Stations
599 Airpark SDPS
Kier & Wright/ Stockton
Mariposa N4 SDPS
Kier & Wright/ Stockton
Shoreline Irrigation PS
Condition Assessment
City of Mountain View
Wilson SDPS Basis of
Design Report
City of Petaluma
Soquel SDPS Basis of
Design Report
City of Santa Cruz
Soquel SDPS Feasibility
Study
City of Santa Cruz
Ferry Point Lift Station
City of Richmond
Kings Village Sanitary Sewer
Pump Station Design
Devcon
Vista Cove Sanitary Sewer
Pump Station Design
Sancerra/City of Vallejo
NEI Stormwater Pump
Station Design
Kier & Wright/City of Tracy
NEI Sanitary Sewer Pump
Station
Prologis
Duke Realty Stormwater
Pump Station
Kier & Wright
Napa Logistics Building 4
Sanitary Sewer Pump Station
Design
Kier & Wright
Sanchez Stormwater Pump
Station Design
Kier & Wright
901 Kifer Road Stormwater
Pump Station Design
Kier & Wright
Alvarado Commerce Center
Stormwater Pump Design
Kier & Wright
2000 Marina Stormwater
Pump Stations Design
Kier & Wright
Coleman Highline
Stormwater Pump Stations
Kier & Wright
NVIDIA Stormwater Pump
Stations
Kier & Wright
North Loop Road Stormwater
Pump Station Design
Kier & Wright
Morton North Stormwater
Pump Stations Design
Kier & Wright
2701 West Winton Avenue
Stormwater Pump Station
Design
Kier & Wright
Wind River Way Stormwater
Pump Station Design
Kier & Wright
Pear Avenue Stormwater
Pump Station Design
Kier & Wright
Hall Road Stormwater Pump
Station Design
Kier & Wright
San Fernando Street
Stormwater Pump Station
Design
Education
BSCE, California Polytechnic
State University, San Luis
Obispo
MSCE California Polytechnic
State University, San Luis
Obispo
Licenses
Registered Civil Engineer,
California 84183
Software
WaterCAD, StormCAD,
InfoWater, InfoSWMM,
AutoCAD, ArcGIS, FLO-2D,
EPANET, EPASWMM, HECRAS, HEC-HMS, HEC1,
HEC2
Lawrence D.
Johnson, PE Senior
Engineer
EXHIBIT 1
Attachment 1
270
Resumes
Schaaf & Wheeler
Kier & Wright
Sunrise Senior Living Center
Stormwater Pump Stations
Design
Kier & Wright
Napa Logistics Sanitary
Sewer Pump Station Design
City of American Canyon
Mountain View Shoreline
Sewer Pump Station
Improvements Design
City of Mountain View
Stanford Codiga Resource
Center Sewer Pump Station
Assessment
Stanford University
Stanford East Campus
Stormwater Pump Station
Stanford University
Stanford Lakehouse Pump
Station Design
Stanford University
Facebook MPR 29
Stormwater Pump Design
Kier & Wright/Facebook
Facebook MPK 22
Stormwater Pump Design
Kier & Wright/Facebook
Facebook MPK 21 Pump
Station Design
Kier & Wright/Facebook
Infomart Building B Pump
Station Design
Kier & Wright/Infomart Data
Centers
Stevenson Place Mid Pen
Storm Drain Pump Station
Design
Civil Engineering
Associates/City of Fremont
Wren Avenue / Cambridge
Place Stormwater Pump
Stations
RJA/City of Gilroy
Centercal “The Veranda”
Stormwater and Sanitary
Sewer Pump Station
Kier & Wright/City of Concord
DCT Industrial Stormwater
Pump Station
Kier & Wright/City of Tracy
Santa Clara Square Phase 2
Stormwater Pump Stations
Preston Pipelines/City of
Santa Clara
Sanitary Sewer Pump Station
& Trunk Alternative Study
City of Mountain View
Home Ranch Pump Station
Gippetti Pump Stations
RJA/City of Gilroy
Bass Lake Sanitary Sewer
Pump Station Rehabilitation
CSA 2A and 2B, County of
Madera
Santa Clara Gateway Pump
Station Review (2 Pump
Stations)
Santa Clara
Watson Ranch Sewer Pump
Station
ECSC Corp.
Hydraulics and Hydrology
Ciolino Trash Capture Design
Mark Thomas/City of Morgan
Hill
New Horizons Hydrology
RJA/City of Morgan Hill
16720 Monterey Road Flood
Study
RAMCAM/City of Morgan Hill
Tarob Court Flood Study
True Life Company/City of
Milpitas
The Crossings at Monterey
Flood Study
Hanna Brunetti/City of
Morgan Hill
Rancho Vista Flood Study
VVH Consulting/City of San
Juan Bautista
Lower Penitencia Creek
Improvements Project
Wood Rogers/SCVWD
16770 Monterey Road Flood
Study
City of Morgan Hill
Laurel Creek Hydraulic
Modeling
City of Hillsdale
Centre Point Drive Flood
Analysis and FEMA
Applications
City of Milpitas
McCandless Drive Flood
Analysis and CLOMR
Appliation
City of Milpitas
KB Homes, Piper Drive
Floodplain Analysis and
FEMA Applications
City of Milpitas
Silicon Valley BART
Extension Floodplain
Analysis
Santa Clara Valley
Transportation Authority
Water Delivery Systems
Geomax Onsite Water
RJA/City of Milpitas
Fairfield Onsite Water
RJA/City of Fairfield
Piercy Fire Flow Analysis
Kier & Wright/San Jose
Point Richmond Onsite Water
Analysis
RJA/City of Richmond
Memorex Fire Flow Analysis
HMH/Santa Clara
Evergreen Circle Onsite
Water Analysis
Kier & Wright/San Jose
4th and Grant Onsite Water
Analysis
Novato
Jones and Oak Onsite Water
Analysis
RJA/Walnut Creek
Springhill Suites Fire Flow
Analysis
RJA/Pleasanton
San Felipe Ranch Onsite
Water Surge Modeling
Morgan Hill
EXHIBIT 1
Attachment 1
271
Resumes
Schaaf & Wheeler
Brett F. Crews has over four years of experience in the assessment, design, and construction support of pump stations for wastewater, stormwater, and potable water systems. He has successfully managed and completed several multidisciplinary water, sewer, and stormwater projects for public and private company clients throughout the Bay Area.
Brett is skilled in preparation of detailed plans, specifications, and estimates for bidding and construction of pump stations, wells, tanks, pipelines, and generator installations for public agencies.
Brett is also experienced in providing CEQA support for public water and wastewater systems. He has provided lead modeling for analysis of Capital Improvement Project with respect to developments, precise plans, and master plans.
Selected Project Experience
Design & Construction
Bowers Sewer Pump Station
Improvements
City of Santa Clara
Ferry Point Sewer Pump
Station Improvements
City of Richmond
Sanitary Sewer System
Compliance Improvement
Design
Port of Oakland
Utility Assessment and
Inventory
Port of Oakland
Laurelwood Stormwater
Pump Station
City of Santa Clara
Canon Sewer Pump Station
Stege Sanitary District
Broadway Terrace I/I
Reduction Stormdrain
Improvements
City of Oakland
Curtner Road Booster Station
Rehabilitation
Alameda County Water
District
Country Club and Victoria
Water Booster Pump Stations
City of Petaluma
Kings Village Sanitary Sewer
Pump Station Design
Devcon Construction Inc.
Salinas AG Pump Stations
Ruggeri-Jensen-Azar
14800 W Schulte Fire and
Domestic Well Systems &
Septic Systems
LBA Realty/Kier & Wright
Napa Logistics Sewer Pump
Station Replacement
Kier & Wright/City of
American Canyon
NEI Detention Basin Pump
Station
Kier & Wright/City of Tracy
Chrysler Storm Drain Pump
Station
City of Menlo Park
Sanchez Stormwater Pump
Station Design
Kier & Wright
Planning and Modeling
CEQA Support Utility Impact
Studies
City of Mountain View
On-Call Water and
Wastewater Modeling
Support
City of Mountain View
On-Call Water and
Wastewater Modeling
Support
Marina Coast Water District
CEQA Specific Plan Utility
Impact Study
City of East Palo Alto
Water Supply Assessments
City of Mountain View
City of Sunnyvale
City of East Palo Alto
Education
BSCE, California Polytechnic
State University, San Luis
Obispo
Licenses
California Registered
Engineer #94676
Software
AutoCAD, ArcGIS,
InfoSWMM, InfoWater,
InfoWater Pro
Brett F. Crews, PE
Associate Engineer
EXHIBIT 1
Attachment 1
272
Resumes
Schaaf & Wheeler
Sandra Carroll has over three years of experience in planning, design, and construction support for wastewater, stormwater, and potable water systems. She acts as a primary modeler for the development and analysis of Capital Improvement Projects with respect to developments, precise plans, and master plans.
Sandra also regularly assists with development/construction reviews, C3 SWMP reviews and inspections, and CEQA support for private development projects in San Joaquin, San Mateo, and Santa Clara County.
Selected Project Experience
Pump Station Design
Mariposa Industrial Park
SDPS
Kier + Wright/ City of
Stockton
Fairfield Industrial Center
SDPS
Kier + Wright
Redwood Tech SSPS
Kier + Wright
Facebook Dumbarton
Campus SDPS
Kier + Wright
Vista Cove SSPS
Sansara
Sanitary Sewer Planning and
Design
CEQA Utility Impact Studies
and On Call Sanitary Sewer
Modeling Support
City of Mountain View
Sources of Storm Water
Inflow into Sanitary System
Study
City of Sunnyvale
Potable Water Planning and
Design
Castroville Seawater
Intrusion Project Water
System Analysis
E2 Consulting Engineers,
Monterey County Water
Resources Agency
LLNL Site 300 Zone 3 Water
System Improvement Design
and Modeling Support
Kier + Wright, Lawrence
Livermore National
Laboratory
Sandia National Laboratories
Campus Water System
Modeling and Planning
Kier + Wright, Sandia
National Laboratories
Jones and Oak Road Water
System Modeling and Design
Ruggeri-Jensen-Azar,
Summerhill Homes
Stormwater Planning and
Design
Comprehensive Stormwater
Plan
Marin City
Floodplain Management/Sea
Level Rise Protection
OneShoreline Coastal
Protection Analysis Report
San Mateo County Flood and
Sea Level Rise Resiliency
District
Valley Water Calabazas-San
Tomas Aqyubi Creek Marsh
Connection Project
Stillwater
Development Review and
Management
Third Party C3 SWMP
Reviews and Inspections
Numerous Clients
Foster City on-call
Development Review and
Construction Review
City of Foster City
Foster City Water, Sewer,
and Storm Drain Standard
Detail Updates
City of Foster City
Education
BSCE, University of
California, Davis
Licenses
Engineer-in-Training 173398
Software
InfoWorks ICM, WaterCAD,
AutoCAD Civil 3D, ArcGIS
Pro
Sandra Carroll, EIT
Assistant Engineer
EXHIBIT 1
Attachment 1
273
DAN PELUSO, P.E., G.E., ENV SP
Principal Consultant
EDUCATION
M.S., Civil Engineering (Geotechnical), San Jose State University, 1987 B.A., Geological Sciences, University of California at Santa Barbara, 1983
PROFESSIONAL REGISTRATIONS
1992/ CA: Civil Engineer (Reg. No. 49562)
1997/ CA: Geotechnical Engineer (Reg. No. 2367)
Certified Envision Sustainability Professional (ENV SP)
PROFESSIONAL ORGANIZATIONS
American Society of Civil Engineers (ASCE)
International Society of Soil Mechanics and Geotechnical Engineers (ISSMGE) American Council of Engineering Companies (ACEC), Director, Chapter Past President Dan has spent his 37-year geotechnical engineering career on a variety of projects relating to large public infrastructures, such as bridges, highways, rail and light rail, tunnels, water treatment plants, and flood control facilities, including dams, levees, and channels. He has prepared foundation reports for several highway bridges in Northern and Central California as well as a long-span bridge at the Port of Long Beach. Dan’s experience also includes interfacing with Caltrans on state and locally funded projects and pipeline projects within the Caltrans right-of-way. He has been the lead geotechnical engineer for several large corporate campuses, schools, and commercial developments. In addition, Dan has continued to foster relationships with key water agency clients, numerous process design consultants, and many wastewater treatment plants around the Bay Area. He is a certified Envision Sustainability Professional and has been an adjunct lecturer in the civil engineering departments at both Santa Clara University and San Jose State University.
RELEVANT PROJECT EXPERIENCE
Pipeline and Sewers
Felton Booster Pump Station, Santa Cruz County, California. Dan provided geotechnical investigation for the new Felton Booster Pump Station. The analysis included liquefaction and lateral spreading evaluations. The design included mitigation of significant lateral spreading and liquefaction-induced settlement hazards using a compaction-grouting technique of ground improvement.
San Lorenzo Valley Water District c/o Schaaf and Wheeler, Water Main Replacement, Santa Cruz County, California.
As geotechnical engineer, Dan provided geotechnical design services to Schaaf & Wheeler for the 2019 pipeline project, which is owned and maintained by SLVWD. The project included five pipeline segments located in the Santa Cruz Mountains. The purpose of H&A’s geotechnical investigation was to assess the existing surface and subsurface conditions along the planned pipeline alignments, develop geotechnical design recommendations, and prepare a geotechnical design report for the proposed installation of the new water pipelines.
Santa Cruz Sanitation District, East Cliff Sewer, Santa Cruz, California. H&A provided geotechnical design recommendations to the Santa Cruz Sanitation District for the East Cliff Drive Sewer Replacement Project. The project included abandoning the existing 15-inch asbestos cement pipe (ACP) in place and constructing a new high-density polyethylene (HDPE) sanitary sewer line with diameters ranging from 18- to 20-inches. The replacement pipeline extended approximately 4,200 feet. The new pipeline is to be constructed to depths ranging from about 7 to 28 feet below the ground surface, utilizing both open trench and trenchless techniques. H&A’s work consisted of performing a subsurface investigation and preparing geotechnical recommendations for excavations, shoring, dewatering, pipe boring and jacking, pavement design, and associated earthwork.
EXHIBIT 1
Attachment 1
274
DAN PELUSO, P.E., G.E., ENV SP
PAGE 2
haleyaldrich.com
City of Pacifica, Crespi Sanitary Sewer Main Repair, Pacifica, California. As a specialty subconsultant, H&A completed a geotechnical study and design for cut and cover and trenchless replacement of 800 feet of collapsed 12-inch highdensity polyethylene (HDPE) pipe beneath an existing parking lot serving a restaurant and need to remain open.
Development of geotechnical recommendations for design and construction of the part cut-and-cover, part trenchless realignment, and replacement of the existing pipe, including recommendations for bore and jack installation of the trenchless portion of the pipe and the launching and receiving shafts in the parking lot.
EKI Environment & Water, Clayton Regency Water Pipeline, Contra Costa County, California. Dan was the project manager and geotechnical engineer for a geotechnical investigation for a 3-mile-long water supply pipeline for a residential community east of Mt. Diablo in rural Contra Costa County, California. Fieldwork included drilling 48 borings along Marsh Creek Road with highly variable soil/bedrock conditions, requiring full-time traffic control. The investigation was performed to characterize subsurface conditions and assess the excavatability of bedrock along the proposed pipeline alignment. Dan provided recommendations for excavation in soil and cemented sandstone bedrock, backfill material, compaction, and pavement restoration.
City of Hayward c/o Hydroscience, City of Hayward Sewer and Water Line Improvement Project, Hayward, California. Haley & Aldrich provided preliminary geotechnical engineering services to HydroScience Engineers (HydroScience) for the City of Hayward Sewer and Water Line Improvement Project throughout the City of Hayward, California. The project is comprised of the replacement or rehabilitation of selected sewer pipeline segments. The pipeline segments were constructed over time throughout the City, which ultimately degraded and required rehabilitation or replacement. The prime consultant (HydroScience) performed a condition assessment of the pipeline segments, while Haley & Aldrich helped characterize the geologic and soil conditions throughout the City of Hayward.
Haley & Aldrich’s desktop study provided regional geologic and soil engineering data and preliminary geotechnical recommendations for underground pipeline trench excavation, shoring design, and construction. Haley & Aldrich later provided focused subsurface exploration in specific areas of concern, including an area requiring trenchless pipeline installation beneath BART tracks.
City of Sunnyvale c/o MNS Engineers, Inc., City of Sunnyvale Annual Sanitary Sewer Repairs Project, Sunnyvale, California. Haley & Aldrich has provided preliminary geotechnical engineering services to MNS Engineers, Inc. (MNS) for the City of Sunnyvale Annual Sanitary Sewer Repairs Project located throughout the City of Sunnyvale, California.
The project is comprised of the replacement or rehabilitation of selected sewer pipeline segments. The pipeline segments were constructed over time throughout the City, which ultimately degraded and required rehabilitation or replacement. The prime (MNS) performed a condition assessment of the pipeline segments to assess whether rehabilitation or replacement was needed. At the same time, Haley & Aldrich helped characterize the geologic and soil conditions in the City of Sunnyvale. Haley & Aldrich’s desktop study provided regional geologic and soil engineering data and preliminary geotechnical recommendations for underground pipeline trench excavation, shoring design, and construction.
City of Palo Alto c/o RMC and Woodard & Curran, Water Delivery System Phase III, Palo Alto, California. Dan was the lead geotechnical engineer for the Phase III Recycled Water Project, located in Palo Alto. This project will include a recycled water distribution system throughout the City of Palo Alto, extending uphill and westward from the Palo Alto WPCP near Highway 101 to Deer Creek Road. The system consists of a main recycled water pipeline and multiple laterals to extend approximately 11.3 miles along various roadways. Up to ten trenchless under crossings have been identified, including where the alignment is to cross underneath Highway 101, El Camino Real (Hwy 82), Caltrain railways, Foothill Expressway, and several creeks. A booster pump station is to be located at a parking lot near the intersection of El Camino Real and Page Mill Road. Future work will include extensive subsurface exploration along proposed pipeline alignments and trenchless crossings.
EXHIBIT 1
Attachment 1
275
Francisco Castillo, PE
Engineering Manager, Biggs Cardosa Associates, Inc.
Francisco Castillo has over 20 years of experience in the design of transportation-related structures including new construction, rehabilitation and/or seismic retrofit of various rail bridge structures, highway bridges, pedestrian bridges, retaining walls and soundwall structures.
Francisco’s responsibilities include development of structure concepts, leading the structural analysis and design team, development of construction drawings and details, preparation of specifications, independent quality control reviews and oversight of design engineers.
RELEVANT PROJECT EXPERIENCE
Sanitary Sewage Pump Station No. 2 Rehabilitation, South San Francisco, CA: Project Engineer for the design and rehabilitation of an existing sanitary sewer pump station. The project includes the design of improvements to the below ground grinder box, the existing pump station building, a new hoist crane structure and new concrete retaining walls and decorative cladding.
Sanitary Sewage Pump Station No. 1, South San Francisco, CA: Project Engineer for the design and construction of a new electrical/generator masonry building. The project includes the design of below ground wet well and grinder box reinforced concrete structures.
Fontana Pump Station Assessment and Rehabilitation, Fontana, CA: Project Engineer for the structural assessment of six and rehabilitation of three sanitary sewer pump stations at various locations in the City.
Shoreline Sewage Lift Station, Mountain View, CA: Project Engineer for structural assessment and rehabilitation of an existing three story, concrete sewage lift station building and site facilities.
Crestmoor Drive Pump Station Rehabilitation, San Bruno, CA: Project Engineer for the structural assessment of an existing masonry and timber framed sanitary sewer pump station.
San Jose Trash Capture Device Installation Project, San Jose, CA: Project Engineer for the design and construction of below ground reinforced concrete trash capture facility for the collection and removal of trash from storm water. The Project received a 2019 APWA Silicon Valley Chapter Honor Award and a Commendation Award at the 2019 ACEC Engineering Excellence Awards.
Citywide Trash Capture Project Phase 1, Mountain View, CA: Project Engineer for existing storm drainage system modifications to accommodate a new trash capture device. Project received a 2019 APWA Silicon Valley Chapter Honor Award.
Baylands Pump Station No. 2 Rehabilitation, Sunnyvale, CA: Project Engineer for structural assessment and rehabilitation of storm water pump station facilities including a masonry mechanical/electrical building, multiple shaft below grade wet well, inlet and outlet structures and site retaining walls. Project received a 2019 APWA Silicon Valley Chapter Honor Award.
City-Wide Bridge and Culvert Structural Assessment and Rehabilitation, Mountain View, CA: Team Lead for the structural assessment of forty timber, steel and concrete bridge and box culvert structures.
City-Wide Bridge Assessment, Palo Alto, CA: Team Lead for the structural assessment of 60 City-owned bridge and culvert structures to assist the City with management of these transportation resources.
REGISTRATION
Professional Engineer
(Civil) CA C71678
EDUCATION
B.S. Civil Engineering,
University of California at
Berkeley
M.S. Structural
Engineering, University
of California at Berkeley
Years with BCA
10 Total Years Experience
21 EXHIBIT 1
Attachment 1
276
Anthony Notaro, PE
Associate, Biggs Cardosa Associates, Inc.
Anthony Notaro joined Biggs Cardosa in 1991, after serving with the U.S. Army Corps of Engineers. He has over 30 years of experience in structural engineering with an emphasis on transportation and infrastructure projects. He has been a Project Manager on numerous infrastructure and transportation projects including pedestrian, vehicular, and rail bridge structures, retaining walls, and various hydraulic structures including levees, floodwalls and flood protection structures, drainage channels, tanks, pump stations, junction boxes, and creek trail facilities.
RELEVANT PROJECT EXPERIENCE
Leong Drive Water and Sewer Main Replacement Project, Mountain View, CA:
Structures Project Manager for the design and construction support related to excavation shoring in support of sewer main replacement. The project received an “APWA Silicon Valley for Project of the Year” award.
Fontana Pump Station Assessment and Rehabilitation, Fontana, CA: Project Manager for the structural assessment of six and rehabilitation of three sanitary sewer pump stations at various locations in the City.
Sanitary Sewage Pump Station No. 1, South San Francisco, CA: Project Manager for the design and construction of a new electrical/generator masonry building. The project includes the design of below ground wet well and grinder box reinforced concrete structures.
Mariner’s Island #2 Sewage Pump Station Rehabilitation, San Mateo, CA: Engineering Manager for upgrade of existing underground sewage pump station facilities.
South San Francisco Pump Station No. 2, 3 & 10, South San Francisco, CA: Engineering Manager for upgrade of three existing sanitary sewer buildings and site facilities.
Sanitary Sewage Pump Station No. 4, South San Francisco, CA: Engineering Manager for upgrade of an existing substandard concrete wet well and modification to the existing concrete and masonry sanitary sewer pump station building and site facilities.
Shoreline Sewage Lift Station, Mountain View, CA: Project manager for structural assessment and subsequent rehabilitation of an existing three story, concrete sewage lift station building and site facilities.
Crestmoor Drive Pump Station Rehabilitation, San Bruno, CA: Project Manager for the structural assessment of an existing masonry and timber framed sanitary sewer pump station.
South Trunk Sanitary Sewer Relief Line, San Mateo, CA: Engineering Manager for the design of sanitary sewer junction boxes and sanitary sewer siphon structures.
Metcalf Pipeline Project, San Jose, CA: Project Manager for the modification of two bridges (over Coyote Creek and Silver Creek) to accommodate twin 20 inch and a single 24 inch recycled waterline.
City-Wide Bridge and Culvert Structural Assessment and Rehabilitation, Mountain View, CA: Project Manager for the structural assessment of forty timber, steel and concrete bridge and box culvert structures.
City-Wide Bridge Assessment, Palo Alto, CA: Project Manager for the structural assessment of 60 City-owned bridge and culvert structures to assist the City with management of these transportation resources.
REGISTRATION
Professional Engineer
(Civil) CA C51739
EDUCATION
B.S. Architectural
Engineering, California
Polytechnic State
University, San Luis
Obispo
Engineer Officers Basic
Course, United States
Army Corps of Engineers
Years with BCA:
30 Total Years Experience:
32 EXHIBIT 1
Attachment 1
277
TJC and Associates, Inc. Anne M. Broughton, P.E.
Anne M. Broughton, P.E.
Senior Electrical Engineer
Experience
Anne Broughton, a licensed engineer since 1992, has extensive expertise in high, medium, and low-voltage electrical systems, switching station/power plant engineering and construction, and other major capital project engineering. She also has experience in management, design, and construction of oil and gas production and processing, with experience worldwide. Her specific experience includes the following:
z Rinconada WTP Reliability Improvement Project; Valley Water, Los Gatos, CA; Senior Electrical Engineer. Electrical engineering design work for a $180 million WTP modernization. Design included new 12 kV distribution, arc flash protection strategies, a new 3 MW diesel standby generator, and new distributed MCCs with smart motor starters and VFD equipment.
z Wastewater Treatment Plant (WWTP) Phase II Expansion; City of Brentwood, CA; Senior Electrical Engineer. Electrical and I&C design services for expansion of a WWTP to 12.8 MGD. Electrical design elements include replacing the existing 480 V main service with a new 21 kV primary distribution service and coordinating with PG&E to support the new processes.
Electrical improvements included new distribution equipment, motor control centers, a second standby generator, and fire alarm system expansion, as well as novel submersible variable frequency drives for the aeration basin mixers. Providing ESDC.
z Monterey and Seaside Pump Stations Upgrade Project; Monterey One Water, Marina, CA; Project Manager. Electrical design for replacement of 480 Volt electrical equipment, including power distribution, motor control centers, switchgear, variable frequency drives, and controls at the Monterey and Seaside Pump Stations; electrical design for replacement of two 1,200 kW standby generators for the Seaside pump station and a portable generator connection at the Monterey Pump Station.
z Lift Station Upgrades; Port of Oakland, CA; Project Manager. Electrical and I&C design for lift station upgrades distributed across 3 projects. The Port of Oakland is upgrading lift station equipment, including the installation of new pumps, new instrumentation and controls, floats/level transducers, and modifying/adding remote monitoring/alarm notification systems. Design includes replacement of existing control panels, and installation of intrinsically safe barrier equipment, and upgrades to the portable standby generator connection and transfer switch. Providing ESDC.
z Stormwater Pump Station Rehabilitation; Alameda County Flood Control and Water District, Oakland, CA; Project Manager. Electrical and I&C design for the Ettie Street and the Lake Merritt Pump Stations. The project includes upgrading pumps and pump controls, interlocking of loads while the station(s) are on standby generator power, coordination with PG&E regarding utility service requirements, removal and replacement of equipment that has reached the end of useful life, and development of construction sequences.
z Cypress Pump Station; City of Redding, CA; Project Manager.
Design of a permanent pump station to replace the temporary Cypress Pump Station in downtown Redding, adjacent to City Hall. The project includes installation of one 400 hp motor, VFD drive and station services for a new pump station building. Electrical and I&C design includes the addition of a new switchboard, and determination of SCADA requirements, coordination with City of Redding Electrical Utility and Operations staff. An Arc Flash Study will also be completed.
Education
BS, Electrical
Engineering;
San Francisco State
University, San
Francisco, CA; 1988
Professional
Registrations
Electrical:
CA 13842
NV 27496
TX 99727
Chartered Engineer:
MIET, UK
Professional
Certification
Lean Sigma Green
Belt
Professional
Memberships
Institute of Electrical
and Electronics
Engineers
Office Address
1111 Broadway
Suite 300
Oakland, CA 94607
EXHIBIT 1
Attachment 1
278
TJC and Associates, Inc. Daniel Moreno
Daniel Moreno
Electrical Designer
Experience
Daniel Moreno is an electrical designer who has been building experience since 2009 in controls, automation, and protection systems design and implementation. As part of TJCAA’s Instrumentation, Controls, and Electrical Group, he provides design services and evaluation for facilities such as water and wastewater treatment plants, pump and lift stations, and compressed natural gas filling stations. Mr. Moreno also performs field investigations and modeling using the SKM suite of software. His certification in Project Management recognizes his extensive experience leading and directing cross-functional teams to deliver projects on schedule and within budget, delivering quality work products, and being responsible for all aspects of projects.
His broad skillset includes design and hands-on commissioning of building management systems. His background includes product engineering in a manufacturing environment for customer-oriented control and protection solutions of high-voltage power transformer and mobile substations. Mr. Moreno’s construction experience in the telecommunications industry comprises enhancement, deployment, and expansion of fiber-optic and copper networks. His specific experience includes the following:
z Preliminary Design of WWTP Improvements; Mt. View Sanitary District; Martinez, CA; Electrical Designer. Predesign engineering to establish, define, and develop design criteria in a Preliminary Design Report for plant-wide improvements at a WWTP. Improvements will focus on replacing aging equipment, installing new equipment, and upgrading some electrical and SCADA systems in the following areas: headworks, centrifuge, digester, influent pump station, and other areas with ongoing issues.
z Chrysler Pump Station; City of Menlo Park, CA; Electrical Designer.
Performed ESDC for stormwater pump station build. Reviewed shop drawings and cataloged data required to submit from contractors in accordance with contract documents.
z Salinas Industrial Wastewater Pump Station; City of Salinas, CA; Electrical Designer. Electrical, instrumentation, and controls design for a replacement pump station. Field investigations, development of a Basis of Design Report, and development of drawings and specifications. Electrical design elements included new PG&E service, distribution, instrumentation, and control for three 45 hp pumps, new odor control system, new control panel, and remote communication to the City’s SCADA.
z White Slough Water Pollution Control Facility, Electrical Improvements; City of Lodi, CA; Project Engineer. Designing upgrades to the electrical and plant-wide control system for the majority of plant processes. Project includes new medium-voltage (12 kV and 13.3 kV) distribution with new pad-mount distribution transformers, new 480 V main-tie-main source transfer switchgear, new main-tie-main MCCs, allocation of process load trains on split-bus MCCs, feasibility analysis, and final design for contingency standby power source.
Control system upgrades included replacement of end-of-life Rockwell Automation PLC-5 platforms with new CompactLogix units in a highly distributed control topology and connection of new controllers with a new plant-wide, single-mode, fiber-optic network backbone and wireless access. TJCAA will provide ESDC. z Preliminary Design and Standby Power Planning; City of Pleasanton, CA; Electrical Designer. Preliminary design for replacement of stationary diesel engine generators at Lift Stations 7 and 8 and development of a systemwide strategy for portable generators used to support sites throughout the city with the objective of providing extended standby power capability to meet water supply reliability requirements during the PG&E Public Safety Power Shutdown program. Strategy addresses 12 potable water pump stations, 10 sewer pump stations, and 4 stormwater pump stations.
Education
BS, Electrical
Engineering;
University of Texas
at El Paso; 2006
Associate of Science;
El Paso Community
College; 2005
Certifications
Project Management
Professional, UC
Berkeley
OSHA 30
NFPA 70E
Specialized
Training
SKM, Electrical
Schematic & Control
Design
Office Address
1111 Broadway
Suite 300
Oakland, CA 94607
EXHIBIT 1
Attachment 1
279
Licenses + Registrations
PLS, California
Years Experience
26 PROJECT EXPERIENCE
Atascadero Creek Capacity
Restoration Project,
Atascadero, CA
Schaaf + Wheeler
Shoreline Pump Station As-Builts
Mountain View, CA
&RHIVWSR5EGMǰG*RKMRIIVMRK
Construction Inc.
Arroyo Pump Station,
Santa Mateo, CA
City of San Mateo
Palo Alto Pump Stations,
Palo Alto, CA
City of Palo Alto
42nd Avenue Sanitary Sewer
Pump Station, San Mateo, CA
City of San Mateo
Bell Moon Sanitary Sewer Pump
Station, Half Moon Bay, CA
City of Half Moon Bay
Harbor Drive Sewer
Rehabilitation,
Corte Madera, CA
Schaaf + Wheeler
Colorado Ave. Storm Drain
Improvements, Palo Alto, CA
City of Palo Alto
'VSEH[E]8IVVEGI.RǰPXVEXMSR
.RDZS[*PMQMREXMSROakland, CA
Schaaf + Wheeler
Arch Road NorCal Logistics
Center, Stockton, CA
CT Realty
Leong Drive Water + Sewer
Improvements,
Mountain View, CA
City of Mountain View
El Camino Sanitary Sewer
Improvements, Santa Clara, CA
City of Santa Clara
Newcastle Drive Discharge
Structure, Stockton, CA
JBS Builders
South Trunk Sanitary Sewer
Relief Line, San Mateo, CA
City of San Mateo
7]ER&QE]EưW]IEVWSJPERHWYVZI]MRKI\TIVMIRGIMRGPYHIWWYVZI]MRKERH QETTMRKWIVZMGIWXLEXLEZIWYTTSVXIHXLITPERRMRKERHGSRWXVYGXMSRSJQER] PEVKIWGEPIHIZIPSTQIRXWMRXLI'E]&VIEERH(IRXVEP:EPPI]&WXLIPIEHMRK 5VMRGMTEPMRGLEVKISJ0;ưWWYVZI]HITEVXQIRXLIFSXLQIRXSVWERHWYTTSVXW E PEVKI XIEQ SJ IRMSV YVZI]SVW 5VSNIGX YVZI]SVW YVZI] 8IGLRMGMERW YVZI](SSVHMREXSVW ERH )VEJXIVW-I MW[IPPORS[R JSVTVSZMHMRK WYVZI]MRK ERHQETTMRKI\TIVXMWIJSVVIKMSREPHIZIPSTQIRXWXLVSYKLSYXXLI'E]&VIE &W 0;ưW 5VMRGMTEP YVZI] 7]ER [MPP FI VIWTSRWMFPI JSV EPP WYVZI] WIVZMGIW TVSZMHIHERHSZIVEPPWYTIVZMWMSRERH6&6(SZIVWMKLX
RYAN AMAYA, PLS
Principal Surveyor
EXHIBIT 1
Attachment 1
280
Licenses + Registrations
PLS, California
Years Experience
25 ROD STEWART II, PLS
Senior Associate | Senior Land Surveyor
7SHưW ]IEVW SJ PERH WYVZI]MRK I\TIVMIRGI MRGPYHIW WYTIVZMWMSR SJ GSRWXVYGXMSRWYVZI]MRKFSYRHEV]WYVZI]MRKQETTMRKERHWYFHMZMWMSR[SVO VIPEXIH XS PERH HIZIPSTQIRX -I LEW QEREKIH SRGEPP WYVZI] XEWO SVHIVW GSQTPIXIHJSVEZEVMIX]SJ'E]&VIETYFPMGEKIRGMIWMRGPYHMRKXLI&PEQIHE (SYRX] >SRI
;EXIV&KIRG] XLI&PEQIHE (SYRX] 5YFPMG;SVOW&KIRG] ERH XLI GMXMIW SJ ER 1IERHVS &PEQIHE )YFPMR ERH 5PIEWERXSR -I [MPP FI VIWTSRWMFPI JSV SZIVWIIMRK XLI TVSNIGX ERH IRWYVMRK XLEX ǰIPH WYVZI] STIVEXMSRW EVI WGLIHYPIH ERH GSRHYGXIH MR GSRJSVQERGI[MXL XLITVSNIGX FYHKIXKSEPWERHWGLIHYPI
&WXLIIRMSVYVZI]SV7SH[MPP[SVOGPSWIP][MXL7]ERERH[MPPFIEZEMPEFPIJSV WYVZI]MRKWYTTSVXWIVZMGIWEWRIIHIH
PROJECT EXPERIENCE
San José-Santa Clara Regional
Wastewater Facility Aerial
Topographic Survey,
San Jose, CA
City of San Jose
Zone 7 Subsidence Level Runs,
Pleasanton, CA
Alameda County Zone 7
;EXIV&KIRG]
Alameda Creek Channel Survey,
Fremont, CA
&PEQIHE(SYRX]5YFPMG;SVOW
Patterson Pass Water Treatment
Plant Expansion,
Alameda County, CA
Alameda County Zone 7
;EXIV&KIRG]
Basins 2 + 3, San Mateo Public
Works Department,
San Mateo, CA
City of San Mateo
Owens/Hopyard Road Widening,
Pleasanton, CA
City of Pleasanton
Stanley Blvd. + Bernal Ave.
Pedestrian Improvements,
Pleasanton, CA
City of Pleasanton
Fremont Civic Center Ph. I,
Fremont, CA
City of Fremont
BWC Terminals Phase III,
Stockton, CA
;EVI2EPGSQF
Iron Horse Trail, San Ramon
Creek Repair, Dublin, CA
Alameda County Zone 7
;EXIV&KIRG]
Alamo Creek Repair, Dublin, CA
Alameda County Zone 7
;EXIV&KIRG]
Arroyo Mocho Creek Repair,
Livermore, CA
City of Livermore
2021 Various Creek Repair
Locations, Livermore, CA
City of Livermore
EXHIBIT 1
Attachment 1
281
WWW.MONTROSE-ENV.COM
Brian Piontek
Principal | Biological Resources Lead
[email protected]
(510) 899-4808
Oakland, CA
Professional Experience
Brian Piontek is an environmental scientist, biologist, and permitting specialist with experience in both physical processes and biological resources. Brian is able to integrate environmental analysis of both physical and biological conditions and to conduct environmental analyses for hydrology, biology, geology, and other CEQA topics. Brian leads the biological services team for Montrose Northern California and has successfully managed and/or completed 100+ environmental technical studies, special status species investigations, and environmental compliance surveys. Brian routinely prepares permit applications for USACE, RWQCB, CDFW, and BCDC, and has led ESA consultations for USFWS and NMFS for numerous habitat restoration and water resource management projects.
Education, Licenses, and Certifications
M.S., Environmental Management, University of San Francisco, 2015 B.S., Environmental Science, California State University East Bay, 2011 Relevant Project Experience
North Valley Regional Recycled Water Program, Del Puerto Water District and City of Modesto, Stanislaus County, CA (2014–2018)
This project constructed infrastructure to deliver recycled water produced by the City of Modesto to agricultural lands and wildlife refuges on the west side of the San Joaquin River.
The constructed pipeline alignment was approximately 32,000 feet in length with a construction easement of approximately 377 acres. Brian supported CEQA/NEPA compliance documentation and technical studies, including wetland delineations, nesting bird and raptor surveys (e.g., Swainson’s hawk [protocol level], burrowing owl, and tricolored blackbird), and special-status species surveys. Brian also assisted with regulatory compliance documentation and reporting.
EXHIBIT 1
Attachment 1
282
WWW.MONTROSE-ENV.COM
Bradford Pump Station Improvements Project; City of Redwood City, Redwood City, CA (2022-present)
The City of Redwood City is planning pump station improvements at an existing facility that discharges to Redwood Creek. Brian completed a biological resources constraints assessment and assisted the City in attaining permit authorization from the USACE, RWQCB, and CDFW.
Oakland Roadway Stabilization at Four Sites, City of Oakland, Oakland, CA (2022- present)
Brian is Montrose’s project manager overseeing the environmental compliance and permitting for the project and providing technical review for repairs to a series of slope failures and landslides along roads at four locations. Tasks include field evaluation to characterize biological, hydrologic, and geomorphic conditions at each site; preparing a CEQA notice of exemption; preparing permit applications for USACE, RWQCB, and CDFW; and associated hydrology report, site plan, revegetation plan, and project-specific BMPs.
Vallecitos Channel Post-storm Repairs, Alameda County Water District, Alameda, CA (2023–present)
Brian is leading environmental permitting and compliance for the project to repair storm damaged facilities, including impact mitigation planning and special status species considerations.
On-call Biological Services, City of Modesto Utilities Department, Modesto, CA (2016–2020)
Montrose provided biological support in compliance with the City of Modesto’s General Plan mitigation measures. Brian was field lead for pre-construction habitat assessments, wildlife surveys, and lead author for technical memos to support environmental compliance for special-status wildlife.
Infiltration Gallery/Surface Water Supply Project, Stanislaus Regional Water Authority, Stanislaus County, CA (2016–present)
The project redirects surface water supplies from the Tuolumne River via an existing infiltration gallery, to a water treatment facility, then to the cities through 12.3 miles of water transmission mains. Brian authored EIR analyses for geology and hazards and hazardous materials and assisted with field technical studies to support CEQA evaluations. Brian led environmental compliance reporting and surveys for special-status species.
Colma Creek Sediment and Wetlands Evaluation, San Mateo County Department of Public Works, San Mateo County, CA (2014–2023)
Montrose completed a geomorphic evaluation and biological assessments of the Colma Creek flood control channel and river mouth in a 135-acre study area. Brian supported wetland delineations, assisted with CEQA IS/MND and permit applications, and assisted the County to renew their regulatory permits to continue conducting routine maintenance activities.
EXHIBIT 1
Attachment 1
283
WWW.MONTROSE-ENV.COM
Debra A. Z. Lilly
Senior Associate II
[email protected]
(916) 447-3479 ext. 15838
Sacramento, CA
Professional Experience
Debra Lilly has more than 25 years of experience managing and leading California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) projects.
Debra has worked with federal, state, regional, and local agencies; special districts; and private developers. Debra has managed preparation of a wide range of environmental documents, from addenda and categorical exemptions to quick-turnaround IS/MNDs and complex, statewide EIRs involving close coordination among the client, project team, subconsultants, and agencies. Debra is also experienced in preparing cumulative impact analyses and alternatives analyses for EIRs. As a project and task manager, Debra maintains careful control of schedule, budget, subconsultants, and client communications to ensure project success. Debra has taught in-house courses in CEQA and technical writing/editing for environmental professionals.
Education, Licenses, and Certifications
B.A., English, Kenyon College, 1981
Memberships and Professional Affiliations: Association of Environmental Professionals, Superior California Chapter (2002–present)
Relevant Project Experience
State Streets Infrastructure Project IS/MND, City of West Sacramento, West Sacramento, CA (2019–2021)
Under an on-call environmental services contract, Debra managed preparation of an IS/MND for extensive water and sewer line replacement and rehabilitation in a historic residential neighborhood. Key issues were archaeological, architectural, and tribal cultural resources, biological resources, including tree removal and HCP compliance, and construction noise.
Debra also managed mitigation monitoring and compliance activities.
Water Master Plan Update EIR and Wastewater Master Plan Update EIR, City of Modesto, Modesto, CA (2016–2020)
Debra assisted with coordination, editorial review, and quality control for the Draft EIRs and preparation of the Final EIRs.
EXHIBIT 1
Attachment 1
284
WWW.MONTROSE-ENV.COM
CDFA North Valley Laboratory Replacement Project, California Department of General Services, Turlock, CA (2020–present)
Debra is deputy project manager for preparation of an EIR and subsequent CEQA documents, mitigation development, and construction monitoring for CDFA’s North Valley Laboratory replacement. Key issues in the EIR included potential for land use conflicts with adjacent residential uses, conversion of Prime Farmland and appropriate agricultural mitigation, and potential health risks from operation of necropsy labs and a cremator at the facility.
Purified Water Project EIR, Santa Clara Valley Water District, Santa Clara County, CA (2021–present)
Valley Water proposes to construct a new advanced water purification facility (AWPF), pipelines, and associated facilities as part of the Purified Water Program in Santa Clara County. Horizon, under contract to ESA, prepared various technical memoranda and EIR chapters. Before taking on project management responsibilities, Debra provided technical editing services for Horizon’s submittals, ensuring that they conformed to the established style guidelines, structure, and terminology. In addition, Debra prepared the Wildfire and Recreation chapters of the EIR.
Infiltration Gallery Testing Project IS/MND, Stanislaus Regional Water Authority, Stanislaus County, CA (2016–2020)
Debra managed preparation of an IS/MND for the Stanislaus Regional Water Authority (SRWA) to evaluate the impacts of testing water quality and production capacity at an existing infiltration gallery on the south bank of the Tuolumne River near Hughson, CA. Testing of the infiltration gallery was needed to determine whether it could be used to supply a proposed new water treatment plant as part of the Surface Water Supply Project. The IS/MND was certified in September 2017. Permits were obtained and construction of the wet well was completed in winter 2020. Debra managed permitting, environmental compliance, and construction monitoring activities.
Del Rio Tank and Wells Project EIR, City of Modesto, Modesto, CA (2016–2017) Debra managed preparation of the City of Modesto’s Del Rio Tank and Wells Project EIR. This project was evaluated at a program level in the Water System Engineer’s Report Program EIR, which Horizon prepared in 2010. The EIR evaluated potential impacts of constructing and operating water wells, a storage tank, and associated distribution facilities. Completion of the EIR cleared the way for the City to address water pressure and fire flow insufficiencies for the Del Rio community.
California Highway Patrol Area Office Replacement Projects, California Department of General Services (2015-present)
Debra prepared the land use, utilities, and recreation sections for the EIRs and IS/MNDs. She provided editing and public coordination.
EXHIBIT 1
Attachment 1
285
“Protecting the infrastructure through innovative
Corrosion Engineering Solutions”
SUMMARY
Over thirty-seven (37) years of experience in all phases of corrosion projects including design engineering, manufacturing, research and development, construction inspection services, construction management, sales and marketing and litigation expert witness. Have successfully worked with clients in the fields of aerospace, marine, petroleum, chemical, mining and minerals, water and wastewater treatment and transmission, electric power industry, transportation systems, municipalities and state and federal government agencies. Established a proven track record for the ability to manage and direct complex research and design projects, requiring the coordination of strict budgets and demanding schedules with engineering staff and project teams.
Special areas of expertise include cathodic protection design, installation, monitoring, troubleshooting, surveying, adjusting and repairing for underground pipelines, pile supported structures, seawalls, retaining structures, marine vessels, storage tanks, condenser water boxes, cooling water lines, intake structures, traveling screens and water wells. Additional expertise in the diagnosis of internal and external corrosion problems associated with copper piping systems such as thermogalvanic corrosion, high temperature corrosion, velocity related corrosion and corrosion related to cold water pitting phenomena, failure analysis of building plumbing systems, conducting soil corrosivity studies, expert witness for litigation support.
PUBLICATIONS & SEMINARS
Ź Ali, M. & Howard Jr., J.D. Corrosion Investigation of Steel H-Piles. NACE Corrosion Conference 1990.
Ź California State Water Resources Control Board, Seminars throughout state, “Corrosion and Corrosion Control for Underground Storage Tanks”, 1994-1995.
Ź Cal/Nev Section of AWWA, Fall Conference, 1994-1995, “Corrosion Control for Water Wells”.
Ź San Francisco Bay Area NACE Conference, August, 1996, “Corrosion Concerns of the Water Industry”.
Ź California Water Environment Association, Northern Regional Conference, Sept., 1996, “Metal Selection and Corrosion Control for Water and Soil Environments”.
Ź American Society of Civil Engineers, Bay Area Geotechnical Committee, April 1999, “Guidelines for Soil Corrosivity Testing and Laboratory Analysis”.
Ź East Bay Engineers Society, Fairfield, CA, Spring 2004 “What All Civil Engineers Should Know About Corrosion and Corrosion Control”.
Ź NACE Western Area Conference, Oct. 2008 “How to Conduct an Evaluation of Asbestos-Cement Pipe”.
Ź NACE Western Area Conference, Oct. 2008 “Case Study of Prestressed Precast Concrete Pile Failures”.
EDUCATION
Bachelor of Science –
Civil/Structural Engineering,
University of Florida
MBA Courses (2 years) -
Northern Illinois University
REGISTRATIONS
Ź Registered Professional Civil Engineer, CA
(C44435)
Ź Registered Professional Corrosion
Engineer, CA (CR1055)
Ź Registered Professional Civil Engineer, NV
(019295)
Ź Registered Professional Engineer, IL
(inactive)
EXPERIENCE
President/Owner
JDH Corrosion Consultants, Inc.
Concord, CA
1995 – Present
District Manager
Corrpro Companies
Hayward, CA
1992 – 1995
President
Corrosion Engineering & Research Co.
Concord, CA
1987 – 1992
Design/Project Engineer
Chicago Bridge & Iron Company
Oakbrook, IL & San Francisco, CA
1977 – 1985
EXHIBIT 1
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Hourly Charge Rate Schedule
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.
Current rates by classification are listed below:
Classification Rate/Hr
Principal Project Manager $295
Senior Project Manager $270
Senior Engineer $250
Associate Engineer $220
Assistant Engineer $200
Junior Engineer $185
Designer $175
GIS Analyst $175
Technician $160
Engineering Trainee $135
Litigation Charges
Court or deposition time as an expert witness is charged at $500 per hour.
Materials and Services
Subcontractors, special equipment, outside reproduction, data processing, computer services, etc., will be charged at 1.10 times cost.
Effective 1/1/24
Schaaf & Wheeler
CONSULTING CIVIL ENGINEERS
4699 Old Ironsides Dr., Suite 350
Santa Clara, CA 95054-1860
408-246-4848
Attachment 2
EXHIBIT 1
Attachment 1
287
ID Task
Mode
Task Name Duration Start Finish
1 Notice To Proceed 0 days Mon 7/15/24 Mon 7/15/24
2 Project Management 485 days Mon 7/15/24 Fri 5/22/263 Project Management & Coordination 485 days Mon 7/15/24 Fri 5/22/264 Draft Basis of Design 40 days Mon 7/15/24 Fri 9/6/245 Surveying 50 days Mon 7/15/24 Fri 9/20/246 Geotechnical Investigation 50 days Mon 7/15/24 Fri 9/20/247 City Review of Draft BOD 10 days Mon 9/9/24 Fri 9/20/248 Final Basis of Design 10 days Mon 9/23/24 Fri 10/4/249 Permitting 160 days Mon 10/7/24 Fri 5/16/25 10 Detailed Design 115 days Mon 10/7/24 Fri 3/14/2511 60% Plans, Specifications, Estimates 40 days Mon 10/7/24 Fri 11/29/2412 City Review of 60% Deliverables 10 days Mon 12/2/24 Fri 12/13/2413 90% Plans, Specifications, Estimates 30 days Mon 12/2/24 Fri 1/10/2514 City Review of 90% Deliverables 10 days Mon 1/13/25 Fri 1/24/2515 100% Plans, Specifications, Estimates 20 days Mon 1/20/25 Fri 2/14/2516 City Review of 100% Deliverables 10 days Mon 2/17/25 Fri 2/28/2517 Final Plans, Specifications, Estimates 10 days Mon 3/3/25 Fri 3/14/2518 Bidding and ESDC 310 days Mon 3/17/25 Fri 5/22/2619 Project Bid & Award 50 days Mon 3/17/25 Fri 5/23/2520 Project Construction 260 days Mon 5/26/25 Fri 5/22/26 7/15
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Qtr 3, 2024 Qtr 4, 2024 Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 Lincoln St. Sanitary Sewr Pump Station
Wed 4/10/24
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EXHIBIT 1
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City of Stockton
Legislation Text
File #: 24-0395, Version: 1
APPROVE A MOTION TO AUTHORIZE A CONTRACT EXTENSION FOR FIRE AND SECURITY
ALARM SYSTEM INSTALLATION, MONITORING, MAINTENANCE, REPAIR, INSPECTION, AND
TESTING
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Authorize the City Manager to execute a three-year extension to the Service Contract with Bay Alarm Company of Stockton, CA, in the amount of $1,365,041.16, for a new total not to exceed amount of $2,635,003.76 for Fire and Security Alarm System Installation, Monitoring, Maintenance, Repair, Inspection, and Testing.
3. Authorize an additional contingency of $350,000 for upgrades and expansions of new fire, camera, and security alarm systems anticipated throughout the life of the Service Contract.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
On July 16, 2019, by Motion No. 2019-07-16-1115, Council awarded a five-year Service Contract in the amount not to exceed $1,098,662.60 to Bay Alarm Company of Stockton, CA, for Fire and Security Alarm System Installation, Monitoring, Maintenance, Repair, Inspection, and Testing, Project No. OM-19-032. The Service Contract consolidated the City’s alarm services with six separate contractors and has since provided 99 alarm upgrades and expansions at various City facilities (Attachment A). The Service Contract is set to expire on June 30, 2024. The Service Contract allows for an extension if mutually agreed to in a written amendment.
Contracting with another company would require the removal of all leased Bay Alarm Company equipment and City payment of new, unanticipated equipment and installation fees.
Staff recommends approval of a three-year extension to the Service Contract with Bay Alarm Company of Stockton, CA, in the amount of $1,365,041.16, for a new total not to exceed amount of $2,635,003.76 (Attachment B). The Service Contract with Bay Alarm Company for Fire and Security Alarm System Installation, Monitoring, Maintenance, Repair, Inspection, and Testing would expire on June 30, 2027. The Service Contract will be funded by Public Works, Police, Fire, Community City of Stockton Page 1 of 4 Printed on 6/13/2024
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File #: 24-0395, Version: 1
Services, Community Development, and Municipal Utilities Departments’ Operating Budgets.
DISCUSSION
Background
The City maintained 71 fire and security alarm systems at 48 locations by contracting with six separate vendors. On July 16, 2019, by Motion No. 2019-07-16-1115, Council awarded a five-year Service Contract in the amount not to exceed $1,098,662.60 to Bay Alarm Company of Stockton, CA, for Fire and Security Alarm System Installation, Monitoring, Maintenance, Repair, Inspection, and Testing, Project No. OM-19-032. This consolidated the services under one contract, improving operational efficiency and allowing for technological upgrades and expansions for 34 new alarm systems and six new camera systems.
The original service Contract included $275,000 for alarm upgrades and expansions anticipated during the five-year term of the contract. On December 17, 2020, the City Manager approved Contract Change Order (CCO) No. 1, in the amount of (-$28,700), to remove several monitored drinking water wells. On August 19, 2022, the City Manager approved CCO No. 2, in the amount of $200,000, for additional alarm upgrades and expansions anticipated for the remainder of the contract. Of the $475,000 expansions and upgrades budget, only $5,547.55 remains. The Service Contract is set to expire on June 30, 2024. Public Works has multiple pending requests for new and upgraded fire, camera, and security alarm systems at facilities operated by the Community Services and Municipal Utilities Departments.
Present Situation
Bay Alarm Company has provided 99 alarm upgrades and expansions at various City facilities (Attachment A). Due to rising vandalism and safety concerns, Public Works continues to receive requests from various departments for new and upgraded fire, camera, and security alarm systems and monitoring. Anticipated expansions include New City Hall, Northeast Community Center, Oak Park Senior Center, and several Municipal Utilities Department buildings.
There are two mobile camera units monitoring the construction site of the Northeast Community Center. The unavailability of funding for upgrades and expansions on the Service Contract resulted in Capital Improvement Program (CIP) staff paying for the installation and monitoring of the units outside of the Bay Alarm Company’s Service Contract. CIP staff have requested the extension to the Service Contract to include the management of the camera units in Fiscal Year (FY) 2024-25. There is sufficient funding in Project No. CL17024 for FY 2024-25 monitoring fees.
On December 8, 2023, the City advertised a Request for Proposals for Community Center Security Cameras, Project No. CR23005. On January 10, 2024, five proposals were received as follows:
· HCI Systems, Inc. (Sacramento, CA)
· Bay Alarm Company (Stockton, CA)
· Assured Technology, Inc. (Modesto, CA)
· Edgeworth Security (Pittsburgh, PA)
· IREX AI, Inc. (Murrieta, CA)
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File #: 24-0395, Version: 1
A Selection Committee comprised of Public Works, Information Technology, and Community Services Departments’ staff evaluated and ranked all proposals based on each firm’s experience, project approach, staff qualifications, and cost. Bay Alarm Company was selected to perform the installation and monitoring.
To maintain consolidated management of the City’s alarm and security systems, staff recommends adding the Community Center Security Cameras, Project No. CR23005, to the current Service Contract with Bay Alarm Company.
These two project transfers to the Service Contract would allow centralized management by Public Works of all Bay Alarm Company’s fire, camera, and security alarm systems and all requests for maintenance, repair, and invoicing. Public Works is requesting an additional contingency of $350,000 throughout the life of the Service Contract to accommodate anticipated fire, camera, and security alarm expansions at New City Hall, Northeast Community Center, Oak Park Senior Center, and several Municipal Utilities Department buildings.
Staff recommends Council approve a motion authorizing the City Manager to execute a three-year extension to the Service Contract with Bay Alarm Company of Stockton, CA, in the amount of $1,365, 041.16, for a new total not to exceed amount of $2,635,003.76 (Attachment B).
Findings
Pursuant to Stockton Municipal Code 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 the specialized equipment or the qualified staff available to perform the work required for this project.
2. The Service Contract can be extended if mutually agreed to in a written amendment. Bay Alarm Company has agreed to extend the Service Contract at the current monitoring rates.
3. The City has a critical need for uninterrupted fire, camera, and security alarm monitoring at all City facilities due to rising vandalism and security concerns.
4. Retaining the services of Bay Alarm Company would save the City the unanticipated high cost of purchase and installation of a new vendor’s equipment, which is in the City’s best interest.
5. Bay Alarm Company is a UL-certified company that specializes in requests requiring an experienced, qualified contractor who has successfully provided fire, camera, and security alarm system installation, monitoring, repair, and inspection.
FINANCIAL SUMMARY
The Service Contract is proposed to be funded at the set annual fees listed below and in accordance with the Scope of Work in the Service Contract.
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File #: 24-0395, Version: 1
THREE-YEAR TERM AMOUNT
July 1, 2024 - June 30, 2025 $444,915.72
July 1, 2025 - June 30, 2026 $285,062.72
July 1, 2026 - June 30, 2027 $285,062.72
Upgrades and Expansions $350,000.00
TOTAL $1,365,041.16
The Service Contract will be funded by Public Works, Police, Fire, Community Services, Community Development, and Municipal Utilities Departments’ Operating Budgets. Funding for repairs, upgrades, and expansions will be charged to the respective department(s) as needed.
There is no additional impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - List of Service Locations and Contract Costs Attachment B - Standard Agreement Amendment No. 3
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List of Service Locations and Contract Costs
BAY ALARM
ACCOUNT # TYPE OF SYSTEM LOCATION DESCRIPTION ADDRESS
MONTHLY
FEE
ANNUAL COST
3301942 CAMERA INTAKE PUMP STATION S END EMPIRE TRACT RD & EIGHT MILE RD BEING CROSS ST $ 450.00 $ 5,400.00 3302042 FIRE INTAKE PUMP STATION S END EMPIRE TRACT RD & EIGHT MILE RD BEING CROSS ST $ 85.00 $ 1,020.00 3302242 BURGLAR INTAKE PUMP STATION S END EMPIRE TRACT RD & EIGHT MILE RD BEING CROSS ST $ 65.00 $ 780.00 3439142 CAMERA SPANOS PARK EAST STORM STATION 10004 THORNTON RD STOCKTON CA 95209 $ 130.00 $ 1,560.00 3162442 BURGLAR NW RESERVOIR 10004 TRINITY PKWY STOCKTON CA 95219 $ 35.00 $ 420.00 3267142 BURGLAR MARCH LN EAST SUBWAY STORM STATION 1024 E MARCH LN STOCKTON CA 95210 $ 45.00 $ 540.00 2563642 BURGLAR BIANCHI STORM STATION 104 W BIANCHI RD STOCKTON CA 95207 $ 63.00 $ 756.00 3165742 BURGLAR WELL 29 10442 MUIR WOODS AVE STOCKTON CA 95209 $ 35.00 $ 420.00 3150042 ACCESS/BURGLAR DELTA WATER SUPPLY 11373 N LOWER SACRAMENTO RD LODI CA 95242 $ 350.00 $ 4,200.00 3146242 FIRE DELTA WATER SUPPLY 11373 N LOWER SACRAMENTO RD LODI CA 95242 $ 526.00 $ 6,312.00 3440542 CAMERA CORP YARD MAINT BLDG 1465 S LINCOLN ST STOCKTON CA 95206 $ 77.00 $ 924.00 3465342 CAMERA CORP YARD STORES 1465 S LINCOLN ST STOCKTON CA 95206 $ 103.00 $ 1,236.00 3438642 CAMERA CORP YARD BACK WASTE 1465 S LINCOLN ST STOCKTON CA 95206 $ 45.00 $ 540.00 3021542 FIRE FLEET HEAVY 1465 S LINCOLN ST STOCKTON CA 95206 $ 65.00 $ 780.00 3438442 CAMERA GATE SHACK 1465 S LINCOLN ST STOCKTON CA 95206 $ 40.00 $ 480.00 3144742 BURGLAR CORP YARD 1465 S LINCOLN ST STOCKTON CA 95206 $ 181.00 $ 2,172.00 3148742 ACCESS/BURGLAR ANIMAL SERVICES CENTER 1575 S LINCOLN ST STOCKTON CA 95206 $ 100.00 $ 1,200.00 3166142 FIRE ANIMAL SHELTER 1575 S LINCOLN ST STOCKTON CA 95206 $ 80.35 $ 964.20 3164842 BURGLAR WELL 27 1696 BONAIRE CIR STOCKTON CA 95210 $ 35.00 $ 420.00 3267342 BURGLAR 8TH ST & SAN JOAQUIN RIVER STORM ST 1740 HOUSTON AVE STOCKTON CA 95206 $ 55.00 $ 660.00 3146042 BURGLAR STRIBLEY COMMUNITY CENTER 1760 E SONORA ST STOCKTON CA 95205 $ 65.00 $ 780.00 3146742 FIRE STRIBLEY COMMUNITY CENTER 1760 E SONORA ST STOCKTON CA 95205 $ 175.10 $ 2,101.20 3263542 BURGLAR LEGION PARK STORM PUMP HOUSE 1871 BAKER ST STOCKTON CA 95204 $ 45.00 $ 540.00 3165442 BURGLAR LINDEN LIBRARY 19059 E MAIN ST LINDEN CA 95236 $ 50.00 $ 600.00 3182142 CAMERA LINDEN LIBRARY 19059 E MAIN ST LINDEN CA 95236 $ 75.00 $ 900.00 3440242 CAMERA CHARTER WY INDUSTRIAL STORM STATION 1959 ARMY CT STOCKTON CA 95206 $ 130.00 $ 1,560.00 3462342 CAMERA TRACY BRANCH LIBRARY 20 E EATON AVE TRACY CA 95376 $ 130.00 $ 1,560.00 3146542 FIRE MERLO GYMANSIUM 2021 ANNE ST STOCKTON CA 95206 $ 155.10 $ 1,861.20 3149342 BURGLAR MERLO GYMNASIUM 2021 ANNE ST STOCKTON CA 95206 $ 50.00 $ 600.00 3462542 BURGLAR DOROTHY JONES CENTER 2044 FAIR ST STOCKTON CA 95206 $ 150.00 $ 1,800.00 3462642 CAMERA DORTHY JONES CENTER 2044 FAIR ST STOCKTON CA 95206 $ 450.00 $ 5,400.00 1821542 BURGLAR SMITH CANAL PUMP STATION SHOP 2144 FONTANA AVE STOCKTON CA 95204 $ 91.46 $ 1,097.52 1821642 BURGLAR SMITH CANAL PUMP STATION PUMP HOUSE 2144 FONTANA AVE STOCKTON CA 95204 $ 65.99 $ 791.88 1821742 BURGLAR SMITH CANAL PUMP STATION 2144 FONTANA AVE STOCKTON CA 95204 $ 115.76 $ 1,389.12 3262342 FIRE POLICE DEPARTMENT 22 E MARKET ST STOCKTON CA 95202 $ 797.35 $ 9,568.20 3333842 ACCESS/BURGLAR POLICE DEPARTMENT ARMORY 22 E MARKET ST STOCKTON CA 95202 $ 65.00 $ 780.00 3462142 CAMERA STEWART EBERHARDT BLDG 22 E WEBER AVE STOCKTON CA 95203 $ 33.00 $ 396.00 3151842 FIRE STEWART EBERHARDT BLDG 22 E WEBER AVE STOCKTON CA 95203 $ 851.00 $ 10,212.00 3146842 FIRE MAYA ANGELOU LIBRARY 2324 POCK LN STOCKTON CA 95205 $ 65.10 $ 781.20 3150342 BURGLAR MAYA ANGELOU LIBRARY 2324 POCK LN STOCKTON CA 95205 $ 75.00 $ 900.00 3198342 CAMERA MAYA ANGELOU LIBRARY 2324 POCK LN STOCKTON CA 95205 $ 170.00 $ 2,040.00 3439942 CAMERA CHERBOURG & MOSHER STORM STATION 2337 PYRENEES AVE STOCKTON CA 95206 $ 210.00 $ 2,520.00 3216442 BURGLAR WEBER FOUNTAIN PUMPHOUSE 235 N CENTER ST STOCKTON CA 95202 $ 55.00 $ 660.00 3216342 CAMERA WEBER FOUNTAIN PUMPHOUSE 235 N CENTER ST STOCKTON CA 95202 $ 55.00 $ 660.00 3147442 BURGLAR FAIR OAKS LIBRARY 2370 E MAIN ST STOCKTON CA 95205 $ 60.00 $ 720.00 3182642 CAMERA FAIR OAKS LIBRARY 2370 E MAIN ST STOCKTON CA 95205 $ 160.00 $ 1,920.00 3146642 FIRE FAIR OAKS LIBRARY 2370 E MAIN ST STOCKTON CA 95205 $ 95.00 $ 1,140.00 3164942 BURGLAR WELL 25 2462 WINSLOW WAY STOCKTON CA 95210 $ 35.00 $ 420.00 3438942 CAMERA SAN JOAQUIN & HWY 4 STORM STATION 2499 W CHARTER WAY STOCKTON CA 95206 $ 130.00 $ 1,560.00 3265942 CAMERA MUNICIPAL UTILITES DEPARTMENT 2500 NAVY DR STOCKTON CA 95206 $ 110.00 $ 1,320.00 3440842 FIRE MUNICIPAL UTILITES DEPARTMENT 2500 NAVY DR STOCKTON CA 95206 $ 423.00 $ 5,076.00 3266142 INTERCOM MUNICIPAL UTILITES DEPARTMENT 2500 NAVY DR STOCKTON CA 95206 $ 65.00 $ 780.00 3129442 FIRE MUD MAINTENANCE BLDG 2500 NAVY DR STOCKTON CA 95206 $ 151.85 $ 1,822.20 2881942 CAMERA MUD STORES CS 2501 NAVY DR STOCKTON CA 95206 $ 151.00 $ 1,812.00 3151442 ACCESS/BURGLAR MUD STORES 2501 NAVY DR STOCKTON CA 95206 $ 75.00 $ 900.00 3149842 FIRE THORNTON LIBRARY 26341 THORNTON RD THORNTON CA 95686 $ 60.00 $ 720.00 3181942 CAMERA THORNTON LIBRARY 26341 THORNTON RD THORNTON CA 95686 $ 85.00 $ 1,020.00 3148642 BURGLAR THORNTON LIBRARY 26341 THORNTON RD THORNTON CA 95686 $ 40.00 $ 480.00 3383042 CAMERA SOUSA PARK POOL 2829 YELLOWSTONE AVE STOCKTON CA 95205 $ 140.00 $ 1,680.00 3438842 CAMERA LA MORADA PUMP STATION 2960 MORADA LN STOCKTON CA 95212 $ 145.00 $ 1,740.00 3383442 CAMERA PIXIE WOODS ENTRY OFFICE 3121 MONTE DIABLO AVE STOCKTON CA 95203 $ 135.00 $ 1,620.00 3383342 CAMERA PIXIE WOODS BACK MAINTENANCE 3121 MONTE DIABLO AVE STOCKTON CA 95203 $ 200.00 $ 2,400.00 3462442 CAMERA MANTECA BRANCH LIBRARY 320 W CENTER ST MANTECA CA 95336 $ 142.00 $ 1,704.00 3149742 BURGLAR PERMIT CENTER 345 N EL DORADO ST STOCKTON CA 95202 $ 65.00 $ 780.00 3216642 CAMERA PERMIT CENTER 345 N EL DORADO ST STOCKTON CA 95202 $ 80.00 $ 960.00 490042 BURGLAR OAK PARK TENNIS CLUBHOUSE 3514 N SUTTER ST STOCKTON CA 95204 $ 95.00 $ 1,140.00 3347842 CAMERA OAK PARK POOL 3537 ALVARADO AVE STOCKTON CA 95204 $ 220.00 $ 2,640.00 3439442 CAMERA ARCH SANITARY PUMP STATION 3537 ARCH RD STOCKTON CA 95215 $ 152.00 $ 1,824.00 2465442 BURGLAR ARCH RD SANITARY PUMP STATION 3537 ARCH RD STOCKTON CA 95215 $ 67.20 $ 806.40 3302342 BURGLAR EMERGENCY OPERATIONS CENTER 3610 HENDRIX DR STOCKTON CA 95212 $ 75.00 $ 900.00 3439642 CAMERA SANGUINETTI STORM STATION 3722 SANGUINETTI LN STOCKTON CA 95205 $ 225.00 $ 2,700.00 2571442 BURGLAR SANGUINETTI STORM STN @ DIVERTING CANAL 3722 SANGUINETTI LN STOCKTON CA 95205 $ 60.00 $ 720.00 3440342 CAMERA SPANOS & I5 STORM STATION 3798 IRON CANYON CIR STOCKTON CA 95209 $ 130.00 $ 1,560.00 3162542 BURGLAR WELL 31 3871 IVANO LN STOCKTON CA 95212 $ 35.00 $ 420.00 3163842 BURGLAR WELL SS9 4031 S B ST STOCKTON CA 95206 $ 35.00 $ 420.00 3438742 CAMERA 14 MILE SANITARY PUMP STATION 4115 BROOKSIDE RD STOCKTON CA 95219 $ 217.00 $ 2,604.00 2556942 BURGLAR 14 MILE SANITARY PUMP STATION 4115 BROOKSIDE RD STOCKTON CA 95219 $ 60.00 $ 720.00 1822342 BURGLAR STOCKTON AIRPORT BUSINESS PARK STORM STATION 4141 POCK LN STOCKTON CA 95206 $ 40.00 $ 480.00 3164542 BURGLAR WELL SS8 4151 LOGAN LN STOCKTON CA 95206 $ 35.00 $ 420.00 3165342 BURGLAR MCKINLEY COMMUNITY CENTER 424 E 9TH ST STOCKTON CA 95206 $ 70.00 $ 840.00 2903142 BURGLAR CITY HALL/2ND SYSTEM 425 N EL DORADO ST STOCKTON CA 95202 $ 35.00 $ 420.00 3088342 ACCESS/BURGLAR CITY HALL 425 N EL DORADO ST STOCKTON CA 95202 $ 140.00 $ 1,680.00 2754042 BURGLAR CITY HALL 425 N EL DORADO ST STOCKTON CA 95202 $ 95.00 $ 1,140.00 2754142 FIRE CITY HALL 425 N EL DORADO ST STOCKTON CA 95202 $ 235.00 $ 2,820.00 2616942 BURGLAR W LN SOUTH STORM 4250 WEST LN STOCKTON CA 95204 $ 60.00 $ 720.00
BAY ALARM MONITORING FEES BY SITE
ATTACHMENT A Page 1 of 2 293
List of Service Locations and Contract Costs
BAY ALARM
ACCOUNT #
TYPE OF SYSTEM LOCATION/DESCRIPTION ADDRESS MONTHLY FEE ANNUAL FEE 3382942 CAMERA MC KINLEY PARK 429 E 9TH ST STOCKTON CA 95206 $ 140.00 $ 1,680.00 2681842 BURGLAR SUTTER & CALAVERAS STORM STATION 4398 N SUTTER ST STOCKTON CA 95204 $ 65.00 $ 780.00 3439042 CAMERA WEST LN & N STORM STATION 4401 N WEST LN STOCKTON CA 95209 $ 145.00 $ 1,740.00 3439742 CAMERA BLOSSOM RANCH STORM STATION 4410 N WILD GRAPE DR STOCKTON CA 95212 $ 130.00 $ 1,560.00 3164242 BURGLAR WELL 28 4422 WILD GRAPE DR STOCKTON CA 95212 $ 35.00 $ 420.00 3163342 BURGLAR WELL SS3 4478 FRONTIER WAY STOCKTON CA 95215 $ 35.00 $ 420.00 3274242 BURGLAR NSPAF BUILDING 4502 WHITE FORGE DR STOCKTON CA 95212 $ 50.00 $ 600.00 3345542 BURGLAR WHITE FORGE 4502 WHITE FORGE DR STOCKTON CA 95212 $ 75.00 $ 900.00 3382342 FIRE WHITE FORGE/EAST BUILDING 4502 WHITE FORGE DR STOCKTON CA 95212 $ 110.00 $ 1,320.00 3274042 BURGLAR RIVER BEND 4502 WHITE FORGE DR STOCKTON CA 95212 $ 55.00 $ 660.00 3347942 CAMERA BROOKING PARK POOL 4505 NUGGET AVE STOCKTON CA 95207 $ 202.00 $ 2,424.00 3163542 BURGLAR WELL SS1 4728 QANTAS LN STOCKTON CA 95206 $ 35.00 $ 420.00 3267242 BURGLAR MARCH LN WEST SUBWAY STORM STATION 4956 KIMBALL HILL CIR STOCKTON CA 95210 $ 45.00 $ 540.00 28042 BURGLAR MARGARET TROKE LIBRARY 502 W BENJAMIN HOLT DR STOCKTON CA 95207 $ 195.00 $ 2,340.00 3198542 CAMERA TROKE LIBRARY 502 W BENJAMIN HOLT DR STOCKTON CA 95207 $ 130.00 $ 1,560.00 706942 FIRE CIVIC AUDITORIUM 525 N CENTER ST STOCKTON CA 95203 $ 425.70 $ 5,108.40 2917142 BURGLAR CIVIC AUDITORIUM 525 N CENTER ST STOCKTON CA 95203 $ 93.00 $ 1,116.00 3439242 CAMERA SPANOS PARK WEST FAKLIS PARK STORM 5250 COSUMNES DR STOCKTON CA 95209 $ 210.00 $ 2,520.00 3162742 BURGLAR 14M RESRVOIR 5656 FEATHER RIVER DR STOCKTON CA 95219 $ 35.00 $ 420.00 3364442 CAMERA 14 MILE RESERVOIR 5656 FEATHER RIVER DR STOCKTON CA 95219 $ 950.00 $ 11,400.00 3382542 CAMERA HOLIDAY PARK POOL 5703 KERMIT LN STOCKTON CA 95207 $ 140.00 $ 1,680.00 3149242 BURGLAR ARNOLD RUE COMMUNITY CENTER 5758 LORRAINE AVE STOCKTON CA 95210 $ 55.00 $ 660.00 3146142 FIRE ARNOLD RUE COMMUNITY CENTER 5758 LORRAINE AVE STOCKTON CA 95210 $ 108.10 $ 1,297.20 3382642 CAMERA CESAR CHAVEZ LIBRARY 605 N EL DORADO ST STOCKTON CA 95202 $ 140.00 $ 1,680.00 27442 BURGLAR CESAR CHAVEZ LIBRARY 605 N EL DORADO ST STOCKTON CA 95202 $ 113.00 $ 1,356.00 3146442 FIRE CESAR CHAVEZ LIBRARY 605 N EL DORADO ST STOCKTON CA 95202 $ 270.00 $ 3,240.00 3182542 CAMERA CESAR CHAVEZ LIBRARY 605 N EL DORADO ST STOCKTON CA 95202 $ 310.00 $ 3,720.00 3439542 CAMERA WESTLAKE SANITARY PUMPHOUSE 6210 W LAKE DR STOCKTON CA 95219 $ 225.00 $ 2,700.00 3407842 CAMERA NEW CASTLE PUMP STATION 6440 E MARIPOSA RD STOCKTON CA 95215 $ 350.00 $ 4,200.00 3165642 BURGLAR WELL 30 678 GRIDER WAY STOCKTON CA 95210 $ 35.00 $ 420.00 3439342 CAMERA ANDERSON & MCDOUGAL STORM STATION 701 W ANDERSON ST STOCKTON CA 95206 $ 130.00 $ 1,560.00 3333342 CAMERA TEEN CENTER 725 N EL DORADO ST STOCKTON CA 95202 $ 145.00 $ 1,740.00 3333442 BURGLAR TEEN CENTER 725 N EL DORADO ST STOCKTON CA 95202 $ 124.00 $ 1,488.00 3335742 FIRE TEEN CENTER 725 N EL DORADO ST STOCKTON CA 95202 $ 217.50 $ 2,610.00 3440042 BURGLAR WESTLAKE VILLAGE STORM STATION 7256 W LAKE VILLIAGE WAY STOCKTON CA 95219 $ 65.00 $ 780.00 3440442 CAMERA WESTLAKE VILLAGE STORM STATION 7256 W LAKE VILLIAGE WAY STOCKTON CA 95219 $ 350.00 $ 4,200.00 3149542 BURGLAR VAN BUSKIRK COMMUNITY CENTER 734 HOUSTON AVE STOCKTON CA 95206 $ 65.00 $ 780.00 3382842 CAMERA VAN BUSKIRK PARK 734 HOUSTON AVE STOCKTON CA 95206 $ 140.00 $ 1,680.00 2881842 FIRE VAN BUSKIRK PARK 734 HOUSTON AVE STOCKTON CA 95206 $ 195.00 $ 2,340.00 3165042 BURGLAR WELL 3R 7400 N WEST LN STOCKTON CA 95210 $ 35.00 $ 420.00 3302442 CAMERA WATERFIELD OFFICE 7400 WEST LN STOCKTON CA 95210 $ 420.00 $ 5,040.00 3216242 INTERCOM WATERFIELD OFFICE 7400 WEST LN STOCKTON CA 95210 $ 15.00 $ 180.00 3129342 ACCESS/BURGLAR WATERFIELD OFFICE 7400 WEST LN STOCKTON CA 95210 $ 67.00 $ 804.00 3137342 BURGLAR HANGER Q-10 7900 R A BRIDGEFORD ST STOCKTON CA 95206 $ 65.00 $ 780.00 3163242 BURGLAR WESTON RANCH RESERVOIR 826 FRENCH CAMP RD STOCKTON CA 95206 $ 35.00 $ 420.00 2683642 BURGLAR HUDSON & CAYUGA STORM STATION 8461 CAYUGA DR STOCKTON CA 95210 $ 60.00 $ 720.00 3164742 BURGLAR WELL 20 8551 WEST LN STOCKTON CA 95210 $ 35.00 $ 420.00 3163942 BURGLAR WELL 10R 8613 CHERBOURG WAY STOCKTON CA 95210 $ 35.00 $ 420.00 3439842 CAMERA BAINBRIDGE & MOSHER STORM STATION 8709 BAINBRIDGE PL STOCKTON CA 95209 $ 130.00 $ 1,560.00 3162342 BURGLAR WELL 32 9151 S 99 FRONTAGE RD STOCKTON CA 95212 $ 35.00 $ 420.00 3440642 CAMERA KELLEY DR STORM STATION 9209 KELLEY DR STOCKTON CA 95209 $ 225.00 $ 2,700.00 ANNUAL MONITORING COST 225,774.72 $
ANNUAL COST - MOBILE CAMERA UNITS AT NE MCNAIR LIBRARY/REC CENTER (PROJECT NO. CL17024)
BAY ALARM
ACCOUNT # TYPE OF SYSTEM LOCATION DESCRIPTION ADDRESS ANNUAL COST 3488442 CAMERA SOUTHWEST WEST LN LIBRARY (SOLAR UNIT) 9501 WEST LN STOCKTON CA 95210 $ 40,000.00 3488342 CAMERA NORTHEAST SOLAR UNIT 9501 WEST LN STOCKTON CA 95210 $ 40,000.00 FY 2024-2025 COST 80,000.00 $
ANNUAL COST - INTERIOR & EXTERIOR CAMERA SYSTEMS AT CSD LOCATIONS (PROJECT NO. CR23005) ADDRESS ONE-TIME INSTALLATION COST (FY 2024-2025) MONTHLY FEE ANNUAL FEE ARNOLD RUE COMMUNITY CENTER 5758 LORRAINE AVENUE $8,750.00 $ 225.00 $ 2,700.00 730 E FULTON STREET $10,738.00 $ 207.00 $ 2,484.00
SEIFERT COMMUNITY CENTER 128 W BENJAMIN HOLT DRIVE $8,468.00 $ 189.00 $ 2,268.00 STRIBLEY COMMUNITY CENTER 1760 E SONORA STREET $15,833.00 $ 323.00 $ 3,876.00 VAN BUSKIRK COMMUNITY CENTER 734 HOUSTON AVENUE $9,557.00 $ 250.00 $ 3,000.00 9820 RONALD E MCNAIR WAY (MAIN BUILDING) $3,197.00 $ 315.00 $ 3,780.00 9820 RONALD E MCNAIR WAY (STORAGE CONTAINER) $4,380.00 $ 300.00 $ 3,600.00 LOUIS PARK SOFTBALL COMPLEX 3121 MONTE DIABLO AVENUE $4,430.00 $ 325.00 $ 3,900.00 10055 CA-99 $14,500.00 $ 1,140.00 $ 13,680.00
TOTAL INSTALLATION COST $ 79,853.00
THREE YEAR MONITORING COST $ 117,864.00
CR23005 TOTAL CONTRACT COST $ 197,717.00
TOTAL COST - THREE YEAR CONTRACT EXTENSION WITH BAY ALARM
DESCRIPTION AMOUNT
3-YEAR MONITORING OF CURRENT SITES $ 677,324.16
3-YEAR REPAIR CONTINGENCY FUNDING $ 60,000.00
CL17024 $ 80,000.00
CR23005 $ 197,717.00
ADDITIONAL CONTINGENCY FOR UPGRADES & EXPANSIONS $ 350,000.00 TOTAL 1,365,041.16 $
MISTY HOLT-SINGH SOFTBALL COMPLEX
STOCKTON SOCCER COMPLEX
LOCATION
OAK PARK SENIOR CENTER
ATTACHMENT A Page 2 of 2 294
ATTACHMENT B
CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT Agreement Number: Amendment Number:
2019-07-16-1115 3
423000477
This Amendment Number 3 to the above referenced Agreement is entered into on ______ between the City of Stockton ("City") and Bay Alarm Company "Contractor".
RECITALS
Section 3, Schedule and Term, states the contract may be extended as otherwise mutually agreed to in a written amendment; and
The City and Contractor executed the first Contract Change Order, dated December 17, 2020, to remove several Municipal Utilities Department wells from the original scope of work, reducing the total contract amount by $28,700; and
The City and Contractor executed the second Contract Change Order, dated August 19, 2022, to increase the upgrades and expansions contingency budget by $200,000; and The City needs to renew the term specified in Section 3 of the Contract for Services to maintain critical, uninterrupted security monitoring of the City's facilities.
Now therefore, the City and the Contractor mutually agree as follows:
1.The termination date in Section 3 of the Contract for Services is amended to: "June 30, 2027"
2.The maximum not to exceed amount to be paid to the Contractor in Section 2, Compensation, of the Contract for Services shall be amended to $1,365,041.16. The total Compensation to be paid to the Contractor, including all Contract Change Orders and Contract extensions, shall not exceed $2,635,003.76.
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
BAY ALARM COMPANY
Contractor's Name (if other than an individual, state whether a corporation, partnership, etc.):
/:t (t(P/J;u_./ 5 /7-/:i
r:y2!1
Authorized Signature Date
MICHAL KUBICKI GENERAL COUNSEL
Printed Name and Title of Person Signing
PO BOX 51041 LOS ANGELES CA 90051-5337
Address
Harry Black, City Manager
ATTEST:
Katherine Roland, CMC, CPMC
Interim City Clerk
APPROVED AS TO FORM: Lori
M. Asuncion, City Attorney
BY:
(Rev. 03.21.22)
CITY OF STOCKTON
1 Date
295
City of Stockton
Legislation Text
File #: 24-0423, Version: 1
APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE SAFE
ROUTES TO SCHOOL SIDEWALK GAP CLOSURE PROJECT
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Award a Professional Services Contract to R.E.Y. Engineers, Inc. of Folsom, CA, in the amount of $389,959, for design of the Safe Routes to School Sidewalk Gap Closure, Project No. WT19013/Federal Project No. ATPSB1L-5008(187).
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 Safe Routes to School Sidewalk Gap Closure project will improve pedestrian facilities at five locations throughout the City by eliminating gaps in the sidewalk network near schools (Attachment A). The project will also install Americans with Disabilities Act (ADA) compliant curb ramps and crosswalks where warranted. Primary funding for this project is from the Active Transportation Program (ATP) grant and was included in the 2019-24 Five-Year Capital Improvement Plan (CIP).
On March 6, 2024, the City advertised a Request for Proposals (RFP) for design of the Safe Routes to School Sidewalk Gap Closure, Project No. WT19013/Federal Project No. ATPSB1L-5008(187). On March 27, 2024, three firms submitted proposals for this project. The Selection Committee evaluated the proposals and found R.E.Y. Engineers, Inc. of Folsom, CA, to be the most qualified and highest ranked firm.
It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract in the amount of $389,959 to R.E.Y. Engineers, Inc. for design services. It is anticipated that the final design documents will be completed by November 2024.
DISCUSSION
Background
Federal ATP funds are available for transportation projects that encourage increased use of active modes of transportation. In 2018, Public Works submitted the Safe Routes to School Sidewalk Gap City of Stockton Page 1 of 3 Printed on 6/13/2024
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File #: 24-0423, Version: 1
Closure project grant application for the ATP Cycle 4 program. The full project cost is approximately $4.1 million. The City was awarded $2,673,000 of ATP funds for the Safe Routes to School Sidewalk Gap Closure project. This amount was meant to fund the environmental, design, and partial funding for the construction phase of the project.
The project will install curb, gutter, and sidewalk to close sidewalk gaps, upgrade or install ADA compliant curb ramps, and install crosswalks near five high priority elementary, middle, and high schools: Fillmore Elementary School, Victory Elementary School, Delta Sierra Middle School, Montezuma Elementary School, and Jane Frederick High School (Attachment A). The improvements will increase safety for pedestrians, especially students walking to school, by providing a clear separation between pedestrians and motorists. The project was included in the 2019-24 Five-Year CIP.
Present Situation
On March 6, 2024, the City advertised an RFP for design of the Safe Routes to School Sidewalk Gap Closure, Project No. WT19013/Federal Project No. ATPSB1L-5008(187). On March 27, 2024, three proposals were received from the following firms:
· Bellecci & Associates, Inc. (Pleasanton, CA)
· R.E.Y. Engineers, Inc. (Folsom, CA)
· Siegfried Engineering, Inc. (Stockton, CA)
The Selection Committee evaluated and ranked all proposals based on each firm’s understanding of work, experience with similar kinds of projects, staff qualifications, technical ability, project approach, and cost proposal.
R.E.Y. Engineers, Inc. received the highest ranking, based on the noted criteria, and was determined to be the most qualified firm for this project. Staff negotiated a fee in the amount of $389,959 with R.E.Y. Engineers, Inc. for design services. The fee is approximately nine percent of the estimated construction cost, which is reasonable for a project of this type and complexity.
It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract in the amount of $389,959 to R.E.Y. Engineers, Inc. for design services of the Safe Routes to School Sidewalk Gap Closure project (Attachment B). It is anticipated that the final design documents will be completed by November 2024.
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
1. The City does not have sufficient staff resources available to design this project.
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2. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.
3. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
FINANCIAL SUMMARY
There is sufficient funding available in the Safe Routes to School Sidewalk Gap Closure, Project No.
WT19013/Federal Project No. ATPSB1L-5008(187), to award a Professional Services Contract in the amount of $389,959 to R.E.Y Engineers, Inc. of Folsom, CA, for the Safe Routes to School Sidewalk Gap Closure, Project No. WT19013/Federal Project No. ATPSB1L-5008(187).
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 R.E.Y. Engineers, Inc.
City of Stockton Page 3 of 3 Printed on 6/13/2024
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ATTACHMENT A
SAFE ROUTES TO SCHOOL SIDEWALK GAP
CLOSURE, PROJECT NO. WT19013/FEDERAL
PROJECT NO. ATPSB1L-5008(187)
CITY OF STOCKTON
DEPARTMENT OF PUBLIC WORKS
PEDESTRIAN FACILITY
IMPROVEMENTS NEARBY
SCHOOLS:
1) Fillmore Elementary School
2) Victory Elementary School
3) Delta Sierra Middle School
4) Montezuma Elementary
School
5) Jane Frederick High School
299
Professional Services Contract – R.E.Y. ENGINEERS, INC. – PROJECT NO. WT19013/ATPSB1L5008(187) (Updated 10/18/23)
PROFESSIONAL SERVICES CONTRACT
(for State funded projects)
THIS CONTRACT is entered into this day of 2024, between the CITY OF STOCKTON, a municipal corporation (“City”), and R.E.Y. ENGINEERS, INC. whose address is 905 SUTTER STREET, SUITE 200, FOLSOM, CA 95630 (“Consultant”) for the SAFE ROUTES TO SCHOOL SIDEWALK GAP CLOSURE (PROJECT NO. WT19013/ATPSB1L-5008(187)), hereinafter referred to as “Project”.
RECITALS
A. Consultant represents that it is licensed in the State of California and is qualified, willing and able to provide the services proposed in the SCOPE OF WORK section of this Contract.
B. 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 A and compatible with the standards of the profession. Consultant agrees that it shall produce a fully complete project that is acceptable to the City.
2. COMPENSATION. City shall pay Consultant for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this 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 $389,959.00 or as otherwise mutually agreed to in a Contract Amendment.
3. INSURANCE. During the term of this Contract, Consultant shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit D and shall otherwise comply with the other provisions of Exhibit D.