Agenda packet — City Council and Concurrent Authorities, August 20, 2024 (part 5 of 9)

ATTACHMENT C

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Q-583280-45462.630TS
Issued: 06/19/2024
Quote Expiration: 07/31/2024
Estimated Contract Start Date: 09/01/2024
Account Number: 109657
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Stockton Police Dept. - CA
22 E Weber Ave
Stockton,
CA
95202-2305
USA
Stockton Police Dept. - CA
22 E Weber Ave
Stockton
CA
95202-2305
USA
Email:

Brian Moutinho
Phone: +1 9168062275
Email: [email protected]
Fax:

Stanley McFadden
Phone:

Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $8,066.04 TOTAL COST $541,632.00
ESTIMATED TOTAL W/ TAX $541,632.00 TOTAL SAVINGS $40,330.20 Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

ATTACHMENT C

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Payment Summary
Date Subtotal Tax Total
Aug 2024 $108,326.40 $0.00 $108,326.40
Aug 2025 $108,326.40 $0.00 $108,326.40
Aug 2026 $108,326.40 $0.00 $108,326.40
Aug 2027 $108,326.40 $0.00 $108,326.40
Aug 2028 $108,326.40 $0.00 $108,326.40
Total $541,632.00 $0.00 $541,632.00

ATTACHMENT C

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Quote Unbundled Price: $581,962.20
Quote List Price: $541,632.00
Quote Subtotal: $541,632.00
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
M00017 BUNDLE - FUSUS PRO 1 60 $9,699.37 $9,027.20 $9,027.20 $541,632.00 $0.00 $541,632.00 Total $541,632.00 $0.00 $541,632.00

ATTACHMENT C

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Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date BUNDLE - FUSUS PRO 101386 AXON RESPOND - FUSUSCORE - PRO 2.0 4TB HDD STORAGE 8 1 08/01/2024 BUNDLE - FUSUS PRO 101391 AXON RESPOND - FUSUSCORE - ELITE AI 2.0 44TB HDD STORAGE 2 1 08/01/2024 BUNDLE - FUSUS PRO 101408 AXON RESPOND - FUSUSCORE - CAD 1 1 08/01/2024 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - FUSUS PRO 101362 AXON RESPOND - FUSUSONE - PRO LEVEL SAAS 1 09/01/2024 08/31/2029 Services
Bundle Item Description QTY
BUNDLE - FUSUS PRO 101421 AXON RESPOND - FUSUS SOFTWARE IMPLEMENTATION 1 BUNDLE - FUSUS PRO 101422 AXON RESPOND - FUSUS HARDWARE DEPLOYMENT 5 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - FUSUS PRO 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 8 08/01/2025 08/31/2029 BUNDLE - FUSUS PRO 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 2 08/01/2025 08/31/2029 BUNDLE - FUSUS PRO 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 1 08/01/2025 08/31/2029

ATTACHMENT C

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Shipping Locations
Location Number Street City State Zip Country
1 22 E Weber Ave Stockton CA 95202-2305 USA
Payment Details
Aug 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 M00017 BUNDLE - FUSUS PRO 1 $108,326.40 $0.00 $108,326.40 Total $108,326.40 $0.00 $108,326.40
Aug 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 M00017 BUNDLE - FUSUS PRO 1 $108,326.40 $0.00 $108,326.40 Total $108,326.40 $0.00 $108,326.40
Aug 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 M00017 BUNDLE - FUSUS PRO 1 $108,326.40 $0.00 $108,326.40 Total $108,326.40 $0.00 $108,326.40
Aug 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 M00017 BUNDLE - FUSUS PRO 1 $108,326.40 $0.00 $108,326.40 Total $108,326.40 $0.00 $108,326.40
Aug 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 M00017 BUNDLE - FUSUS PRO 1 $108,326.40 $0.00 $108,326.40 Total $108,326.40 $0.00 $108,326.40

ATTACHMENT C

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Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

ATTACHMENT C

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\s1\ \d1\
Signature Date Signed
6/19/2024

ATTACHMENT C
City of Stockton
Legislation Text
File #: 24-0826, Version: 1

ADOPT A RESOLUTION APPROVING THE SAN JOAQUIN COUNTY COMMUNITY CORRECTIONS PARTNERSHIP TASK FORCE’S PROGRAM ENHANCEMENT REQUEST AND AMEND THE FISCAL YEAR 2024-25 ANNUAL BUDGET

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

1. Authorize the City Manager to execute Amendment 1 to the Independent Contractor Agreement between San Joaquin County and the City of Stockton, Program Enhancement and One-Time Requests;

2. Authorize the City Manager to accept $775,000 in Fiscal Year (FY) 2024-25 AB 109 funding for the San Joaquin County Community Corrections Partnership (CCP) Task Force;

3. Approve an amendment to the FY 2024-25 Annual Budget to increase the Police Other Special Revenue Fund, San Joaquin County Community Corrections Partnership Task Force revenue estimates and expenditure appropriations by $775,000;

4. Authorize the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of the resolution.

Summary
The San Joaquin County Probation Department recently implemented a new unit called the San Joaquin Community Assessment, Response, and Engagement Services (SJ CARES) Unit. The primary goal of the SJ CARES Unit is to focus on and assist the unsheltered population within the county. The SJ CARES Unit is made up of a team of probation officers, who will work in collaboration with the Stockton Police Department’s (SPD) Strategic Community Officers Unit (SCOs) to conduct outreach, offer programs and services, and conduct homeless camp cleanups. The SJ CARES Unit will also collaborate closely with the San Joaquin Community Corrections Partnership (CCP) Task Force to conduct compliance checks, enforcement, and to look for suspects with warrants or who are wanted for fresh crimes. The SJ CARES Unit, SCOs, and CCP Task Force have noticed a large majority of the unsheltered population they are focusing on is located along waterways and aren’t accessible by conventional vehicles. The police boats would allow officers to access locations that currently are inaccessible. This program enhancement and one-time request for boats purchase for $775,000 will fund a 27 ft. patrol boat, a 20 ft. shallow water boat, lift and dock equipment, storage, service and maintenance, and training related to the boats.

Funds for the CCP Task Force provided by State AB 109 Public Safety Realignment are allocated by the San Joaquin County Community Corrections Partnership. On May 21, 2024, Council approved City of Stockton Page 1 of 3 Printed on 8/16/2024
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File #: 24-0826, Version: 1
Resolution No. 2024-05-21-1208, authorizing the Independent Contractor Agreement between San Joaquin County and City of Stockton in the amount of $3,537,691 for AB 109 funding of the CCP Task Force. Amendment 1 of the Independent Contractor Agreement (Exhibit 1 to the Resolution), as proposed, will increase funding to $4,312,691.

DISCUSSION
Background
The City of Stockton and San Joaquin County have hundreds of miles of waterways including the San Joaquin Delta, the Port of Stockton, sloughs, rivers, and lakes located in their jurisdictions. In recent years the City and County have experienced an increase of the unsheltered population. A vast majority of the unsheltered population live in homeless camps set up along the waterways located all throughout the City and County. These homeless camps not only experience an increase in both violent and property crimes, but they also cause environmental damage and damage to infrastructure located on and near the waterways.

Through the partnership with the CCP Taskforce, the SPD SCO Unit, and the SJ CARES Unit, the utilization of boating equipment will best serve this clientele and provide safe, effective opportunities to make contacts with this population. This equipment can be utilized to assist all partners as we often work together in capacities to meet the needs of public safety, as well as assist clients who are living in these situations.

The San Joaquin County Sheriff’s Boating Unit was consulted about the types of boats needed to access the different types of waterways located in our jurisdiction and can also transport the appropriate amount of personnel to accomplish our operational needs. A patrol boat and a smaller shallow water boat would allow access to the different types of waterways in the County. The boats would be some of the same boats the San Joaquin County Sheriff’s Department currently deploys.

The boats are purpose-built for law enforcement and are made-to-order to meet each agency’s operational needs.

Present Situation
A program enhancement and one-time request for boats purchase in the amount of $775,000 was submitted to the CCP Executive Committee, to amend the FY 2024-25 AB 109 Independent Contractor Agreement and provide additional funds to the Task Force. The SPD was notified on July 17, 2024, that the CCP Executive Committee approved the Program Enhancement Request and the one-time boats funding.

Upon execution of Amendment 1, staff will work with Administrative Services and Public Works Fleet for purchases and present to Council for approval at a future date.

FINANCIAL SUMMARY
City General Funds have not been used to support the Task Force. Due to the specific appropriation actions needed, the SPD brings forward special revenue funding such as these for City Council approval outside the annual budget process. Staff is requesting revenue and expenditure budget, both in the amount of $775,000, be established in the Police Special Revenue Fund 260-261. This City of Stockton Page 2 of 3 Printed on 8/16/2024
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File #: 24-0826, Version: 1
program enhancement of $25,000 and one-time boats funding request of $750,000 is being presented for approval. Future year costs for storage, service and maintenance, and training related to the boats will be included in the annual CCP application budget request. The two boats will be purchased through Public Works Fleet with the one-time funding. Due to the timing for purchase and delivery of the boats, there are no anticipated fuel costs in the current Fiscal Year. Future year fuel expenditures will be included in the annual budget appropriation process.

Proposed Budget Line Items Proposed Budget Enhancement 2024-2025 Boat Equipment $750,000
Training and Supplies $ 25,000
TOTAL $775,000
City of Stockton Page 3 of 3 Printed on 8/16/2024
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Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE AMENDMENT 1 TO THE INDEPENDENT

CONTRACTOR AGREEMENT BETWEEN SAN JOAQUIN COUNTY AND CITY OF STOCKTON IN THE AMOUNT OF $775,000 FOR AB 109 FUNDING OF THE

COMMUNITY CORRECTIONS PARTNERSHIP TASK FORCE AND THE
AMENDMENT OF THE FISCAL YEAR 2024-25 ANNUAL BUDGET
The Community Corrections Partnership of San Joaquin County formed a Task Force in 2012 to support the premise of prison realignment; and The Task Force uses the Problem Oriented Policing (POP) model focusing on offenders who are wanted for a new crime or compliance violation, have a history of violence, are repeat offenders, or are at high risk of becoming repeat offenders; and The Task Force serves each of the cities within San Joaquin County based on identified needs; and
Since 2012, funding allocated through AB 109 to San Joaquin County has been applied for and awarded to support the core team members of the Task Force; now, therefore,

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

1. Amendment 1 to the Independent Contractor Agreement between San Joaquin County and the City of Stockton for AB 109 funding of the Community Corrections Partnership Task Force is hereby approved (Exhibit 1).

2. The City Manager, as Fiscal Agent for the law enforcement agencies of San Joaquin County, is authorized to accept a Program Enhancement and One-Time Request of $775,000 in Fiscal Year (FY) 2024-25 Police Special Revenue Funds.

3. The FY 2024-25 Annual Budget is amended to appropriate a total of $4,312,691 in revenues and expenditures for the Police Special Revenues CCP Task Force accounts as needed to carry out the purpose and intent of this action. //
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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 August 20, 2024___ .

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

KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
AMENDMENT 1
Agreement: City of Stockton Page 1 of 4

FIRST AMENDMENT TO INDEPENDENT

CONTRACTOR AGREEMENT SAN JOAQUIN
COUNTY
BOARD AGREEMENT# A-24-210
BOARD ORDER # B-24-351
CONTRACT AMOUNT: $4,312,691.00
PARTIES: COUNTY: County of San Joaquin
Purchasing & SupportServices
44 N. San Joaquin Street
Suite 540
Stockton, CA 95202-2931
With copies to: County of San Joaquin
COUNTY DEPARTMENT: PROBATION
575 W. Mathews Road
French Camp, CA 95231
Steve Jackson
209-468-4070
[email protected]
CONTRACTOR: City of Stockton
22 E. Market Street
Stockton, CA 95202
Stanley McFadden, Chief of Police
209-937-8218
[email protected]
With copies to: City of Stockton
City Manager’s Office
425 N. El Dorado Street
Stockton, CA 9520224
EXHIBIT 1
AMENDMENT 1
Agreement: City of Stockton Page 2 of 4
I. THE PARTIES TO THE AGREEMENT
This First Amendment to Independent Contractor Agreement #A-24-210 is made and entered into this 24th day of September 2024, by and between City of Stockton, as an independent contractor (hereinafter “CONTRACTOR”), and the County of San Joaquin, a political subdivision of the State of California for PROBATION (hereinafter “COUNTY”).

The parties hereto agree to amend Section III, subsection A, and Section V, subsection C, of the Independent Agreement to read as follows:

III. ORDER FOR PRECEDENCE
A. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:

1. Applicable Federal and State of California statutes and regulations;

2. Independent Contractor Agreement #A-24-210 as amended by this First Amendment;

3. The attachment marked Exhibit A- San Joaquin County Public Safety Realignment Request Form submitted on behalf of the Police Departments of San Joaquin County to the Community Corrections Partnership (CCP);

4. The attachment marked Exhibit B- San Joaquin County Public Safety Realignment 2024-2025 One Time Request Form submitted on behalf of the Police Departments of San Joaquin County to the Community Corrections Partnership (CCP)

5. The attachment marked Exhibit C- San Joaquin County Public Safety Realignment 2024-2025 Program Enhancement Request Form
submitted on behalf of the Police Departments of San Joaquin County to the Community Corrections Partnership (CCP)
Document 3, 4, and 5, referenced above, are hereby incorporated into this Agreement as if completely set forth herein.

V. GENERAL PROVISIONS
C. Compensation:

COUNTY agrees to pay CONTRACTOR the hourly amounts as indicated on the CONTRACTOR’S hourly rate sheet. Notwithstanding the foregoing, the total payments under this Agreement shall not exceed FOUR MILLION THREE HUNDRED TWELVE THOUSAND SIX HUNDRED NINETY-ONE DOLLARS AND NO CENTS ($4,312,691.00).

COUNTY agrees to pay CONTRACTOR federal and state payroll taxes, such as social security and unemployment, for staff performing services under the scope of this Agreement.

COUNTY agrees to pay CONTRACTOR benefit costs to staff performing services under the scope of this Agreement.

EXHIBIT 1
AMENDMENT 1
Agreement: City of Stockton Page 3 of 4
The COUNTY will issue a Form 1099 at year-end for fees earned.

All other terms and conditions remain the same.
[THIS SPACE LEFT INTENTIONALLY BLANK]
EXHIBIT 1
AMENDMENT 1
Agreement: City of Stockton Page 4 of 4
III. EXECUTING PARTIES
A. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this Amendment effective on the day and year first writtenabove.

CITY OF STOCKTON, a municipal
Corporation
425 N. El Dorado St. Stockton, CA
95202
By:

Harry Black, City Manager
“CONTRACTOR”

APPROVED AS TO FORM
By:

John Mulroy
Deputy City Attorney
COUNTY OF SAN JOAQUIN, a political
Subdivision of the State of California
By:

Chairman, Miguel A. Villapudua
Board of Supervisors
San Joaquin County
State of California
“COUNTY”
ATTEST: Rachel DeBord
Clerk of the Board of Supervisors of the
County of San Joaquin,
State of California
By:

Date:

APPROVED AS TO FORM
Office of County Counsel
By:

Jonathan N. King
Deputy County Counsel
EXHIBIT 1
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City of Stockton
Legislation Text
File #: 24-0763, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE STREET FURNITURE PAINTING PROJECT

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

1. Approve Notice of Exemption No. NOE30-24 under the California Environmental Quality Act for the Street Furniture Painting, Project No. WD23008.

2. Approve the plans and specifications for the Street Furniture Painting, Project No. WD23008.

3. Award a Construction Contract in the amount of $76,316 to Streetlight Restoration Specialists, Inc. of Camarillo, CA, for the Street Furniture Painting, Project No. WD23008.

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

Summary
The project will repaint 36 existing King Ferronite streetlights, 12 Type 15 decorative single-arm streetlights, 8 traffic signals, and 8 traffic signal 1B poles (Attachment A). The project was included in the 2022-27 Five-Year Capital Improvement Plan (CIP).

On June 6, 2024, the City received four bids for this project. Staff recommends award of the Construction Contract to the lowest responsive bidder, Streetlight Restoration Specialists, Inc., in the amount of $76,316. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE30-24 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin and be completed by spring 2025, weather permitting.

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

City of Stockton Page 1 of 3 Printed on 8/16/2024
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File #: 24-0763, Version: 1
SB1 provides funding for the Road Maintenance and Rehabilitation Account (RMRA) Program. Other programs include the Local Partnership Program, the Active Transportation Program, State Highway Operation and Protection Program, and Local Streets and Roads Program. The RMRA funding is part of the City's overall Gas Tax allocation; however, RMRA funds can only be expended on projects that meet eligibility criteria and have been approved by the CTC. RMRA funds are accounted for and reported separately from regular Gas Tax funds.

Approximately $7.3 million in SB1 RMRA Program funding was allocated to the City for Fiscal Year 2022-23 and approved by Council on June 14, 2022, by Resolution No. 2022-06-14-1214. The Street Furniture Painting, Project No. WD23008, was included in the 2022-27 Five-Year CIP. The project will repaint 36 existing King Ferronite streetlights, 12 Type 15 decorative single-arm streetlights, 8 traffic signals, and 8 traffic signal 1B poles. (Attachment A). The project will improve the aesthetics and prolong the useful life of the equipment.

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was not applied to this project because the engineer’s estimate was under $1 million.

Present Situation
On May 13, 2024, the Street Furniture Painting, Project No. WD23008, was advertised for bids. On June 6, 2024, four bids were received with the following results:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
Streetlight Restoration Specialists, Inc. $ 76,316 $ 76,316 (Camarillo, CA)
HB Restoration, Inc. $ 84,200 $ 84,200
(Rio Linda, CA)
Color New Co $128,000 $128,000
(Woodland Hills, CA)
Bay Cities Painters and Decorators $192,700 $192,700
(San Francisco, CA)
Engineer’s Estimate $214,000
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order as all bidders are located outside the City of Stockton and San Joaquin County and are not entitled to a bid preference. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

City of Stockton Page 2 of 3 Printed on 8/16/2024
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File #: 24-0763, Version: 1
The bid from Streetlight Restoration Specialists, Inc., the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to Streetlight Restoration Specialists, Inc. of Camarillo, CA, in the amount of $76,316.

The project is in conformance with the City's General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. As a result, the project has been granted a Categorical Exemption. The activities related to this project constitute a discretionary project under the City's jurisdiction and qualifies as a project that does not have a significant effect on the environment. This resolution will approve the filing of Notice of Exemption No. NOE30-24 under CEQA. Construction is anticipated to begin and be completed by spring 2025, weather permitting.

FINANCIAL SUMMARY
There are sufficient funds available in the Street Furniture Painting, Project No. WD23008, to award a Construction Contract to Streetlight Restoration Specialists, Inc. in the amount of $76,316.

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

Attachment A - Vicinity Map
City of Stockton Page 3 of 3 Printed on 8/16/2024
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STREET FURNITURE PAINTING,
N
PROJECT NO. WD23008

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS
LEGEND
King Ferronite Streetlight
Type 15 Decorative Single Arm Streetlight Traffic Signal and 1B Pole

ATTACHMENT A
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE30-24,

APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE STREET FURNITURE PAINTING, PROJECT NO. WD23008
On June 6, 2024, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Street Furniture Painting, Project No. WD23008; and
The project will repaint 36 existing King Ferronite streetlights, 12 Type 15 decorative single-arm streetlights, 8 traffic signals, and 8 traffic signal 1B poles; and Streetlight Restoration Specialists, Inc. is the lowest responsive bidder in the amount of $76,316, and its bid is regular in all respects; and The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves the filing of Notice of Exemption No. NOE30-24 under the CEQA for the Street Furniture Painting, Project No. WD23008, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the plans and specifications for the Street Furniture Painting, Project No. WD23008.

3. The City Council awards a Construction Contract between the City of Stockton and Streetlight Restoration Specialists, Inc., in the amount of $76,316, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
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4. The City Manager is hereby authorized to take whatever actions are appropriate and necessary to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED August 20, 2024 .

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

KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton

CITY OF STOCKTON

NOTICE OF EXEMPTION
TO: COUNTY CLERK

COUNTY OF SAN JOAQUIN
44 N. San Joaquin St., Ste. 260
Stockton, CA 95202
FROM: Lead Agency
City of Stockton
c/o Public Works Department
22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(8) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062

PROJECT DATA
Project Title: Street Furniture Painting - Project No. WD23008 CEQA Exemption File No.: NOE 30-24
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton's Public Works Department will be repainting streetlights, decorative single-arm streetlights, traffic signals and traffic signal poles. See Attachment A for more information.

DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):

The activity is not a "project" as defined in CEQA Guidelines Section 15378.

The activity is exempt under the "general rule" at CEQA Guidelines Section15061 (8)(3). _X_ The project is "Statutorily Exempt" per CEQA Guidelines Section: 15301(c) The project is "Categorically Exempt" per CEQA Guidelines Section 15332.

BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
_lL The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).

CHAD REED, DIRECTOR

PUBLIC WORKS DEPARTMENT
C-1�oL.- sy ________________ _
Chanel Teach, Project Manager
July 9, 2024
(DATE OF PREPARATION)
(DATE OF FINAL APPROVAL)

Signature Title
Posting Period Ending Date
EXHIBIT 1
Local Construction Contract – STREETLIGHT RESTORATION SPECIALISTS, INC. PROJECT NO.

WD23008 (Updated 10/18/23)

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between STREETLIGHT RESTORATION SPECIALISTS, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 685 ANACAPA DRIVE, CAMARILLO, CA 93010, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:

WHEREAS, plans and specifications for the construction of STREET FURNITURE PAINTING (PROJECT NO. WD23008), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. _________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. _________________, on ________________.

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

CONTRACTOR agrees:

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

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $76,316.00, or as otherwise mutually agreed to in a Contract Change Order.

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

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

EXHIBIT 2 Page 1 of 34
Local Construction Contract – STREETLIGHT RESTORATION SPECIALISTS, INC. PROJECT NO.

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

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

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

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

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

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

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

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

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

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

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Local Construction Contract – STREETLIGHT RESTORATION SPECIALISTS, INC. PROJECT NO.

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

5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-

1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

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

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 60 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of TWO THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($2,600.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, EXHIBIT 2 Page 3 of 34
Local Construction Contract – STREETLIGHT RESTORATION SPECIALISTS, INC. PROJECT NO.

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whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

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

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

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

WD23008 (Updated 10/18/23)
a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at https://www.dir.ca.gov/PublicWorks/Prevailing-Wage.html. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or EXHIBIT 2 Page 5 of 34
Local Construction Contract – STREETLIGHT RESTORATION SPECIALISTS, INC. PROJECT NO.

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mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

3.68.095.
f. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

CITY agrees:

WD23008 (Updated 10/18/23)
the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.

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

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

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

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

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

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

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

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EXHIBIT 2
EXHIBIT A EXHIBIT 2 Page 9 of 34
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EXHIBIT A
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Exhibit B:

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

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

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

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

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

4. Surety Bonds as described below.

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

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by EXHIBIT B EXHIBIT 2 Page 12 of 34
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either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed EXHIBIT B EXHIBIT 2 Page 14 of 34
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with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

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

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

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to EXHIBIT B EXHIBIT 2 Page 15 of 34
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issue such bonds in the State of California and secured through an authorized agent with an office in California.

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

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT B EXHIBIT 2 Page 16 of 34
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

D. All City employees and non-employees share a responsibility to assist in EXHIBIT C EXHIBIT 2 Page 17 of 34
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

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

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

EXHIBIT C EXHIBIT 2 Page 18 of 34
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3) EXHIBIT C EXHIBIT 2 Page 19 of 34
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

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

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

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

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

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
EXHIBIT C EXHIBIT 2 Page 20 of 34
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

EXHIBIT C EXHIBIT 2 Page 21 of 34
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

3. Testifies in a proceeding concerning such violation;

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

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

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

IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any EXHIBIT C EXHIBIT 2 Page 22 of 34
Subject:

CITY OF STOCKTON, CALIFORNIA

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

1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and nonemployees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or EXHIBIT C EXHIBIT 2 Page 23 of 34
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

EXHIBIT C EXHIBIT 2 Page 24 of 34
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From: HARASSMENT POLICY Effective Date:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.

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

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

V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is EXHIBIT C EXHIBIT 2 Page 25 of 34
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.

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

1. Identify and preserve the evidence.

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

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

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

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

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

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

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

9. Ascertain whether the complainant has spoken to anyone, especially EXHIBIT C EXHIBIT 2 Page 26 of 34
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 11 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.

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

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

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

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

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

15. Conduct follow-up interviews, if warranted.

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

VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall EXHIBIT C EXHIBIT 2 Page 27 of 34
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.

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

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

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

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

2. Unfounded: The investigation proved that the act(s) or omission(s) EXHIBIT C EXHIBIT 2 Page 28 of 34

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09

3. 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.

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

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

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

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

VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these EXHIBIT C EXHIBIT 2 Page 29 of 34

CITY OF STOCKTON, CALIFORNIA

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

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.

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

APPROVED:
c:r��SON

CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1
EXHIBIT C EXHIBIT 2 Page 30 of 34

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, STREETLIGHT RESTORATION SPECIALISTS, INC., a (STATE OF CALIFORNIA CORPORATION, as Principal and , a
corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of SEVENTY-SIX THOUSAND THREE HUNDRED SIXTEEN AND 00/100 DOLLARS ($76,316.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

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

STREET FURNITURE PAINTING
(PROJECT NO. WD23008)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, EXHIBIT 2 Page 31 of 34
and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on
APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY
EXHIBIT 2 Page 32 of 34

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

That we, STREETLIGHT RESTORATION SPECIALISTS, INC., a STATE OF CALIFORNIA CORPORATION, as Principal and ,
corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of SEVENTY-SIX THOUSAND THREE HUNDRED SIXTEEN AND 00/100 DOLLARS ($76,316.00) in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:

STREET FURNITURE PAINTING
(PROJECT NO. WD23008)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on EXHIBIT 2 Page 33 of 34
this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

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

SIGNED AND SEALED on .

APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY
EXHIBIT 2 Page 34 of 34
City of Stockton
Legislation Text
File #: 24-0764, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM FY 2023-24 SB1 - CRACK SEALING PROJECT

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

1. Approve Notice of Exemption No. NOE29-24 under the California Environmental Quality Act for the Local Street Resurfacing Program FY 2023-24 SB1 - Crack Sealing, Project No.

WD24003.

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

3. Award a Construction Contract in the amount of $286,000 to Graham Contractors, Inc. of San Jose, CA, for the Local Street Resurfacing Program FY 2023-24 SB1 - Crack Sealing, Project No. WD24003.

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

Summary
The project will apply crack sealing to approximately 22 centerline miles of residential, collector, and arterial roadways in various streets citywide (Attachment A). Crack sealing involves the placement of adhesive material into pavement cracks to prevent water intrusion. Cracks occur on the pavement due to traffic load and thermal stress, and water intrusion then weakens the pavement base structure leading to potholes and pavement failure. Crack sealant slows the deterioration process of cracks and extends the life of the roadway from two to five years on average. The project was included in the 2023-28 Five-Year Capital Improvement Plan (CIP).

On June 27, 2024, the City received six bids for this project. Staff recommends award of the Construction Contract to the lowest responsive bidder, Graham Contractors, Inc., in the amount of $286,000. Staff also recommends that Council adopt a resolution approving Notice of Exemption No.

NOE29-24 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project.

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

City of Stockton Page 1 of 4 Printed on 8/16/2024
powered by Legistar™
File #: 24-0764, Version: 1

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

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

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

The Local Street Resurfacing Program FY 2023-24 SB1 - Crack Sealing, Project No. WD24003, was included in the 2023-28 Five-Year CIP. The project will apply crack sealing to approximately 22 centerline miles of residential, collector, and arterial roadways in various streets citywide (Attachment A). Crack sealing is a pavement preventative maintenance treatment that prevents water intrusion into the pavement base structure. Cracks occur on the pavement due to traffic loads and thermal stress, and water intrusion then weakens the pavement base structure leading to potholes and pavement failure. The process includes clearing cracks of vegetation and debris, then applying sealant that is leveled to match the adjacent pavement surface. This treatment slows the deterioration process of cracks and serves as preparatory work for future pavement resurfacing.

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

Present Situation
On June 7, 2024, the Local Street Resurfacing Program FY 2023-24 SB1 - Crack Sealing, Project No. WD24003, was advertised for bids. On June 27, 2024, six bids were received with the following results:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
Graham Contractors, Inc.
(San Jose, CA) $286,000 $286,000
Tally Oil, Inc.
(Madera, CA) $341,000 $341,000
Pavement Coatings Co.
(Sacramento, CA) $376,400 $376,400
Global Road Sealing, Inc.
(Stanton, CA) $380,000 $380,000
The Designs Build, Inc.
(Sacramento, CA) $529,333 $529,333
Pavement Rehab Company, Inc.
(Anaheim, CA) $583,689 $583,689
Engineer’s Estimate $378,000
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order as all bidders are located outside the City of Stockton and San Joaquin County and are not entitled to a bid preference. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The bid from Graham Contractors, Inc., the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to Graham Contractors, Inc. of San Jose, CA, in the amount of $286,000.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. As a result, the project has been granted a Categorical Exemption. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. This resolution will approve the filing of Notice of Exemption No. NOE29-24 under CEQA. Construction is anticipated to begin late summer 2024 and be completed by fall 2024, weather permitting.

City of Stockton Page 3 of 4 Printed on 8/16/2024
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File #: 24-0764, Version: 1

FINANCIAL SUMMARY
There is sufficient funding available in the Local Street Resurfacing Program FY 2023-24 SB1 - Crack Sealing, Project No. WD24003, to award a Construction Contract to Graham Contractors, Inc. in the amount of $286,000.

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

Attachment A - Vicinity Map
City of Stockton Page 4 of 4 Printed on 8/16/2024
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HAMMER LN HAMMER LN

BEN HOLT DR

EL DORADO
ST

WILSON WY

MARCH LN

WATERLOO RD

FREMONT ST

MARIPOSA
RD

AIRPORT WY

DR MLK JR BL

MAIN ST

EIGHT MILE RD

DAVIS RD

THORNTON RD

LOWER SACTO
RD

WEST LN

PARK ST

PACIFIC AV

ALPINE RD

CHEROKEE RD

ROBERTS RD

HOWARD RD HOWARD RD

EIGHTH ST

MORADA LN

PACIFIC AV

PERSHING AV

ALPINE AV

WEST LN

HARDING WY

EL DORADO ST

CALIF ST

CENTER ST

HOLMAN RD

TRINIT Y PK

MATHEWS RD

CHARTER WY
µ
LEGEND:

Crack Sealing
County Limits
0 0.425 0.85 1.7 2.55 3.4
Miles
LOCAL STREET RESURFACING PROGRAM FY 2023-24 SB1 -
CRACK SEALING, PROJECT NO. WD24003

ATTACHMENT A
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE 29-24,

APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE LOCAL STREET RESURFACING
PROGRAM FY 2023-24 SB1 – CRACK SEALING, PROJECT NO. WD24003 On June 27, 2024, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Local Street Resurfacing Program FY 2023-24 SB1 – Crack Sealing, Project No. WD24003; and The project will apply crack sealing to approximately 22 centerline miles of residential, collector, and arterial roadways in various streets citywide; and Graham Contractors, Inc. is the lowest responsive bidder in the amount of $286,000, and its bid is regular in all respects; and
The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves the filing of Notice of Exemption No. NOE 29-24 under the CEQA for the Local Street Resurfacing Program FY 2023-24 SB1 – Crack Sealing, Project No. WD24003, a copy of which is attached as Exhibit 1 and incorporated by this reference.

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

3. The City Council awards a Construction Contract between the City of Stockton and Graham Contractors, Inc. in the amount of $286,000, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
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4. The City Manager is hereby authorized to take whatever actions are appropriate and necessary to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED August 20, 2024 .

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

KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton

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 Public Works Department Stockton, CA 95202 22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062

PROJECT DATA
Project Title: Local Street Resurfacing Program FY 23-24 SB1 – Crack Sealing, Project No. WD24003 CEQA Exemption File No.: NOE 29-24
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton’s Public Works Department will crack seal various locations Citywide.

See attachment A for more information.

The activity is not a "project" as defined in CEQA Guidelines Section 15378.

The activity is exempt under the "general rule" at CEQA Guidelines Section15061(B)(3).

X The project is "Statutorily Exempt" per CEQA Guidelines Section: 15301(c) The project is "Categorically Exempt" per CEQA Guidelines Section 15332.

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

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).

CHAD REED, DIRECTOR June 27, 2024

PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By
Thinh Phan, Project Manager (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

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between GRAHAM CONTRACTORS, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 860 LONUS STREET, SAN JOSE, CA 95126, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:

WHEREAS, plans and specifications for the construction of LOCAL STREET RESURFACING PROGRAM FY 2023-24 SB1 – CRACK SEALING (PROJECT NO.

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

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

CONTRACTOR agrees:

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $286,000.00, or as otherwise mutually agreed to in a Contract Change Order.

EXHIBIT 2 Page 1 of 41 Local Construction Contract – GRAHAM CONTRACTORS, INC. –PROJECT NO. WD24003 It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

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

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

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

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

Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of EXHIBIT 2 Page 2 of 41 Local Construction Contract – GRAHAM CONTRACTORS, INC. –PROJECT NO. WD24003 insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 30 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($3,600.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as EXHIBIT 2 Page 3 of 41 Local Construction Contract – GRAHAM CONTRACTORS, INC. –PROJECT NO. WD24003 may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination EXHIBIT 2 Page 4 of 41 Local Construction Contract – GRAHAM CONTRACTORS, INC. –PROJECT NO. WD24003 and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at https://www.dir.ca.gov/PublicWorks/Prevailing-Wage.html. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by EXHIBIT 2 Page 5 of 41 Local Construction Contract – GRAHAM CONTRACTORS, INC. –PROJECT NO. WD24003 any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

CITY agrees:

8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the EXHIBIT 2 Page 6 of 41 Local Construction Contract – GRAHAM CONTRACTORS, INC. –PROJECT NO. WD24003 first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.

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

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under EXHIBIT 2 Page 7 of 41 Local Construction Contract – GRAHAM CONTRACTORS, INC. –PROJECT NO. WD24003 investigation for the purpose of determining compliance with this requirement.

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

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

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

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

ATTEST: CITY:

KATHERINE ROLAND, CMC, CPMC

INTERIM CITY CLERK
By: ____________ _
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By: __________ _

DEPUTY CITY ATTORNEY
By: ____________ _

HARRY BLACK

CITY MANAGER
By�GRAMcoN�fRATORi.iNE.
94-2328452
Tax Identification No.

Local Construction Contract - GRAHAM CONTRACTORS, INC. -PROJECT NO. WD24003 (Updated 10/18/23)
EXHIBIT 2

Page 8 of 41 ends

LOCAL STREET RESURFACING PROGRAM FY 2023-24 SB1 -CRACK SEALING PROJECT NO. WD24003B

BIDDING SCHEDULE
Each bidder shall bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive.

Item
1 2
3 4
Bid Forms
Description Unit Quantity Unit price
Mobilization LS 1 8,000.00
Traffic Control LS 1 25,000.00
Water Pollution Control LS 1 6,000.00
Crack Sealing (All Work Complete In-Person) SY 650,000 0.38 TOT AL BID _ __:.$..:.:.2.:_8 6:....:'-=-
o
-=--o o:....:•_:_
o
.:_
o --------
Bl DOER'S NAME __ G_r_a_h_am_c_o_n_t_ra_c_t_o_r_s ,_r_n__c . _ Total Price
8,000.00
25,000.00
6,000.00
247,000.00
EXHIBIT 2 Page 9 of 41 EXHIBIT A

BIDDER CERTIFICATION
The undersigned agrees that if this bid is accepted, he/she will contract with the City of Stockton in the form of contract attached hereto to perform all of the work in accordance with the contract and the drawings, specifications, and other documents incorporated therein; that he/she will take in full payment therefor, and for all other obligations assumed under the contract, the prices set forth in the following bid schedule except as otherwise provided in the specifications; and that he/she will execute such contract and furnish the required contract bonds in the manner and within the time provided in the bidding requirements and conditions. The undersigned further agrees that he/she has carefully examined the site of the work and the bid documents and any addenda thereto, and is fully informed of the nature and location of the work, the quantities of the work, and the conditions to be encountered in performing the work; that the only parties interested in this bid as principals are those named herein and that this bid is made without collusion with any other party; and that this bid is submitted in all respects in accordance with the bidding requirements and conditions and all other requirements of the bid documents.

A BID GUARANTY ACCOMPANIES THIS BID IN THE FORM OF: (Check one of the following) Cash, or
Cashier's check, or
□
□
□
Ga
Certified check payable to City of Stockton, or
Bidder's bond in favor of the City.

For any amount not less than ten percent (10%) of the aggregate of the bid.

ALSO ACCOMPANYING THIS BID ARE THE FOLLOWING ATTACHMENTS, PROPERLY EXECUTED AND SIGNED:

1. 2.

3. List of Subcontractors
Non-Collusion Declaration
DIR Self-Certification

4. Title VI Self-Certification

5. Local Employment Ordinance Acknowledgement

6. Local Business Preference Acknowledgement

THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS
Graham Contractors, Inc.

Name of Firm
860 Lonus Street
Address
315789 C-12, A
Contractor Lie. No. & Classification
(408) 293-9516
Phone
San Jose, CA 95126
City State
94-2328452
Tax I.D. No.

Zip
9-30-2025
Expiration Date
NOTE - State law requires bidders on public agency contracts to include on their bid: (1) their State contractors license number, (2) the license expiration date, and (3) a statement that the representations made therein are made under penalty of perjury. The law further states that "Any bid not containing this information, or bid containing information which is substantially proven false shall be considered non-responsive and shall be rejected by the public agency."

THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY ��re � BIDDER SIGN
¢::: HERE David Graham, President
Title
Bid Forms
EXHIBIT 2 Page 10 of 41 EXHIBIT A
7/1/22, 10:39 AM https://cadlr,secure.force.com/ContractorSearch/PrintRegDetails Contractor Information
Legal Entity Name

GRAHAM CONTRACTORS INC
Legal Entity Type
Corporation
Status
Active
Registration Number
PW-LR-1000898576
Registration effective date
7/1/2022
Registration expiration date
6/30/2025
Mailing Address
PO BOX 26770 SAN JOSE 95159 CA United Stat ...

Physical Address
860 LONUS ST SAN JOSE 95126 CA United State ...

Email Address
Trade Name/DBA

GRAHAM CONTRACTORS INC
License Number(s)
CSLB:315789
CSLB:315789
Legal Entity Information
Corporation Number:

Federal Employment Identification Number:

President Name:

DAVID GRAHAM
Vice President Name:

CHE CORLETT
Treasurer Name:

KRISTEN GRAHAM
Secretary Name:

KRISTEN GRAHAM
CEO Name:

DAVID GRAHAM
Agent of Service Name:

DAVID GRAHAM
Agent of Service Mailing Address:
860 LON US ST SAN JOSE 95126 CA United States of America • Workers Compensation
https://cadir.secure.force.com/ContractorSearch/PrintRegDetails Registration History
Effective Date Expiration Date
7/1/2022 6/30/2025
EXHIBIT 2 Page 11 of 41 EXHIBIT A
7 /1/22, 10:39 AM https://cadir.secure. force.com/ContractorSearch/PrlntRegDetails Do you lease employees No
through Professional
Employer Organization
(PEO)?:

Please provide your
current workers
compensation insurance
information below:

PEO
PEO InformationName
Insured by Carrier
PEO
Phone
PEO
Email
Policy Holder Name:GRAHAM CONTRACTORS INC.Insurance Carrier:

THE TRAVELERS INDEMITY CO OF CTPolicy Number:UB-4K201130-22-26-Glnception date:
5 / 1 / 2022Expiration Date:5 / 1 / 2023
https://cadir.secure.force.com/ContractorSearch/PrintRegOetails EXHIBIT 2 Page 12 of 41 EXHIBIT A
Exhibit B:

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

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

4. Surety Bonds as described below.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by EXHIBIT 2 Page 13 of 41 EXHIBIT B
either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

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

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

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

EXHIBIT B EXHIBIT 2 Page 14 of 35 EXHIBIT 2 Page 14 of 41 EXHIBIT B

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

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

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

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

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed EXHIBIT 2 Page 15 of 41 EXHIBIT B
with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to EXHIBIT 2 Page 16 of 41 EXHIBIT B
issue such bonds in the State of California and secured through an authorized agent with an office in California.

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 2 Page 17 of 41 EXHIBIT B
Subject:

CITY OF STOCKTON, CALIFORNIA

D. All City employees and non-employees share a responsibility to assist in EXHIBIT 2 Page 18 of 41 EXHIBIT C
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

EXHIBIT 2 Page 19 of 41 EXHIBIT C
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

CITY OF STOCKTON, CALIFORNIA

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

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

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

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
EXHIBIT 2 Page 21 of 41 EXHIBIT C
Subject:

CITY OF STOCKTON, CALIFORNIA

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

EXHIBIT 2 Page 22 of 41 EXHIBIT C
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

3. Testifies in a proceeding concerning such violation;

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

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

CITY OF STOCKTON, CALIFORNIA

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

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

EXHIBIT 2 Page 25 of 41 EXHIBIT C
Subject:

CITY OF STOCKTON, CALIFORNIA

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

1. Identify and preserve the evidence.

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

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

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

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

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

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

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

9. Ascertain whether the complainant has spoken to anyone, especially EXHIBIT 2 Page 27 of 41 EXHIBIT C
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 11 of 14

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

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

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

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

15. Conduct follow-up interviews, if warranted.

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

CITY OF STOCKTON, CALIFORNIA

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

2. Unfounded: The investigation proved that the act(s) or omission(s) EXHIBIT 2 Page 29 of 41 EXHIBIT C

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09

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

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

CITY OF STOCKTON, CALIFORNIA

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

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.

APPROVED:
c:r��SON

CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1
EXHIBIT 2 Page 31 of 41 EXHIBIT C

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

Bond No. 30223758
Premium: $1,316.00
Premium is for contract term
subject to adjustments based on
final contract price.

That we, GRAHAM CONTRACTORS, INC. a ST ATE OF CALIFORNIA CORPORATION, as Principal and _W_es_te_rn_S__u_re----'t'-y C_o_m__,p'-a----'n'--y ----------' a corporation, organized and existing under the laws of the State of South Dakota and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of TWO HUNDRED EIGHTY-SIX THOUSAND AND 00/100 DOLLARS ($286,000.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

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

LOCAL STREET RESURFACING FY 2023-24 SB1 - CRACK SEALING (PROJECT NO. WD24003)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, EXHIBIT 2 Page 32 of 41
and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on----'J....:.u ....... Iy....:.2""'6,c..::2 _02_4 ___________ _ Graham Contractors, Inc.

APPROVED AS TO SURETY: By
David
�RINCIPAL
Graham,
�
President
Western Surety Company
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

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

DEPUTY CITY ATTORNEY
EXHIBIT 2 Page 33 of 41

NEVADA NOTARY ACKNOWLEDGMENT

THE STATE OF NEVADA
COUNTY OF _____ W_a_sh_oe ____ _
This instrument was acknowledged before me on ____ Ju_ly._26__t h-'-,_2_02_4 __ _ (date) by ---t-_Bre_a_n_na__Bo_a_tn�_· _ht __ , (name of person).

Notary Public Signature
Print ------------ Julie Heimdal
Title ------- Notary Public -----
• JULIE HEIMDAL
Notary Public
State of Nevada
Appt. No. 23-5258-02
My Appt. Expires Aug. 11, 2027
(Seal)
EXHIBIT 2 Page 34 of 41
Western Surety Company

POWER OF ATTOR EY APPOI TING INDIVIDUAL ATTORNEY-IN-FACT . _
Know AH Men By These Presents, That WESTERN SURETY COMPANY, a So _
uth Dakota corporation, is a duly organized and existing corporation having its principal office m the City of Sioux Falls, and State of South Dakota, and that 11 does by virtue of the signature and seal herein affixed hereby make, constitute and appoint John
_
Hopkins, Steve W!
lliams, Joseph H Weber, Renee Ramsey, Elizabeth Collodi, Mindy Whitehouse, John Weber, Sara Walliser, Jen?
1fer Lakmann, Jessica Monlux, Samantha Watkins, Deanna Quintero, Bill Rapp, Jason March, Matthew Foster, Tony Clark, Brad Espinosa, Paula Senna, Pam Sey, Breanna Boatright, Kathleen Le, Phil Watkins, Sharon Smith, Cassandra Medina, Individually of Chico, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.

This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By-Laws and Resolutions printed at the bottom of this page, duly adopted, as indicated, by the shareholders of the corporation.

In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 30th day of March, 2024.

State of South Dakota
County of Minnehaha
} ss

WESTERN SURETY COMPANY
On this 30th day of March, 2024, before me personally came Larry Kasten, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation .

My commission expires
March 2 2026
........... -. ...... 4,, .................... "' ...... + : M.BENT !
i�NOTARY PUBLIC�i ,�SOUTH DAKOTA�,
I I
............................................... ♦
M. Bent, otary Public

CERTIFICATE
I, Paula Kolsrud, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law and Resolutions of the corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my name and affixed ttic seal of tl•.e said corporation this 26th day of July , 2024.

WESTERN SURETY COMPANY
QwM>-- h�
Authorizing By-Laws and Resolutions

ADOPJED BY THE-SHAREHOLDERS OF WESTERN SURETY COMPANY
Paula Kolsrud, Assistant Secretary
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company.

Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.

This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behal fof Western Surety Company.

This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27"' day of April, 2022:
"RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic-formatted corporate seal, each to be considered the act and deed of the Company." Go to www.cnasuretv.com >Owner/ Obligee Services> Validate Bond Coverage, if you want to verify bond authenticity.

Form F42�2023
EXHIBIT 2

Page 35 of 41 ends

A Notary Public or other officer compl_eting this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California )
)
County of Santa Clara )
On August 1, 2024 before me, Tony D. Gulbraa, Notary Public, personally appeared David Graham who proved to me on the basis of satisfactory evidence to be the person� whose name� is/aFe subscribed to the within instrument and acknowledged to me that he/she/th&y executed the same in his/1:l&t=/their authorized capacity(-iea), and that by his/her/their signature(� on the instrument the person(�, or the entity upon behalf of which the person�) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature J'!:J j). g}��
TONY D. GULBRAA
Notary Public • California
Santa Clara County j Commission# 2346155
My Comm. Expires Feb 10, 2025
(Seal)
***************************************OPTIONAL********************************************************* (Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.) Description of Attached Document
Title or Type of Document: _______________________ _
Document Date: _____________ _ Number of Pages:. ______ _ Signer(s) Other Than Named Above: ____________________ _ Capacity(ies) Claimed by Signer
Signer's Name: ___________________________ _
□ Individual
□ Corporate Officer- Title(s): ______________________ _ □ Partner --□ Limited □ General
□ Attorney in Fact
□ Trustee
□ Guardian or Conservator
□ Other:. __________________ _
Signer is Representing:. _____________ _
Right Thumbprint of Signer Above
EXHIBIT 2

Page 36 of 41 ends

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

Bond No.30223758
Premium is included in the
performance bond subject to
adjustments based on final contract
price.

That we, GRAHAM CONTRACTORS, INC., a (INDICATE STATUS: STATE OF CALIFORNIA CORPORATION, as Principal and Western Surety Company corporation, organized and existing under the laws of the State of South Dakota and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of TWO HUNDRED EIGHTY-SIX THOUSAND AND 00/100 DOLLARS ($286,000.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

LOCAL STREET RESURFACING PROGRAM FY 2023-24 581 - CRACK SEALING (PROJECT NO. WD24003)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on

Page 34 of 35 ends

EXHIBIT 2 Page 37 of 41
this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

SIGNED AND SEALED on _..:..Ju=-=ly::....
=-=26�, 2 __ 0_4 2___________ �
Graham Contractors, Inc.

APPROVED AS TO SURETY: By��u.£...-
David Graham �RINCIPAL President �
Western Surety Company
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By: ��=-.i....c.i..�=....µ..,
Breanna Boatright,
By:--------- DEPUTY CITY ATTORNEY
-..... -- �
.· .,.

EXHIBIT 2

Page 38 of 41 ends

NEVADA NOTARY ACKNOWLEDGMENT

THE STATE OF NEVADA
COUNTY OF _____ Wa_s_ho__e ___ _
This instrument was acknowledged before me on ___ ..::...;Ju=yl<.....:::...:26c...:.cth-'-'-, =20.::...;:2_4 __ _ _ .,__B--=_er a_n .:....:. -'naB__oa_t_r ..... i_ht __ , ( name of person). • JULIE HEIMDAL
Notary Public
State of Nevada
Appt. No. 23-5258-02
My Appt. Expires Aug. 1 1, 2027
Print ____ ..::...;Ju=le.::...i..:....:H-=-eim_;_d-=- _a__l _ _ Title _____ N_ot_a_,_ry_P_ubl_ic ____ _
(Seal)
EXHIBIT 2

Page 39 of 41 ends

Western Surety Company

POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT . _
Know AU Men By These Presents, That WESTERN SURETY COMPANY, a So _
uth Dakota corporation, is a duly organized and existing corporation having its prmctpal office m the City of Stoux Falls, and State of South Dakota, and that 11 does by virtue of the signature and seal herein affixed hereby make, constitute and appoint John Hopkins, Steve Williams, Joseph H Weber, Renee Ramsey, Elizabeth Collodi, Mindy Whitehouse, John Weber, Sara Walliser, Jennifer Lakmann, Jessica Monlux, Samantha Watkins, Deanna Quintero, Bill Rapp, Jason March, Matthew Foster, Tony Clark, Brad Espinosa, Paula Senna, Pam Sey, Breanna Boatright, Kathleen Le, Phil Watkins, Sharon Smith, Cassandra Medina, Individually of Chico, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obi igatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments v,;ere signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.

In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 30th day of March, 2024.

State of South Dakota
County of Minnehaha
} ss

My commission expires
March 2, 2026
............. "-4,, ................................ ♦
: M.BENT :
:�NOTARY PUBLICtQ\: •�SOUTH DAKOTA�•
, ,
......................... -.. ............ -. ...... ♦

CERTIFICATE
M. Bent, Notary Public
I, Paula Kolsrud, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law and Resolutions of the corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 26th day of July , 2024. �"'"''"" "'��-!t.fJ-.,.. N!··' �9011� ..,�\ WESTERN SURETY COMPANY ��1() �)';: �=,� ;�J ��\.Sc,._..,_...., � .r.···, ,-·�'<I>,< Q�h� .... ,,�"r;;··or-"-o-' 'ff-. ... ;,-
Authorizing By-Laws and Resolutions

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
Paula Kolsrud, Assistant Secretary
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company.

This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf ofWestern Surety Company.

This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27th day of April, 2022:
"RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic-formatted corporate seal, each to be considered the act and deed of the Company." Go to www.cnasuretv.com >Owner/ Obligee Services> Validate Bond Coverage, if you want to verify bond authenticity.

Fom, F4280-6-2023
EXHIBIT 2 Page 40 of 41
A Notary Public or other officer complpting this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California )
)
County of Santa Clara )
On August 1, 2024 before me, Tony D. Gulbraa, Notary Public, personally appeared David Graham who proved to me on the basis of satisfactory evidence to be the person(.8".! whose name� isffiffl subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/t.ler/iheir authorized capacityE+es-) , and that by his/her/the+r signature(�
on the instrument the personw, or the entity upon behalf of which the person(M acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature __ :2_,_:::J---+-_))_. -�-'dt.-� __
oeoeeeoe
TONY D. GULBRAA f
Notary Public • California
Santa Clara County I
Commission # 2346155
y Comm. Expires Feb 10
(Seal)
***************************************OPTIONAL********************************************************* (Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.) Description of Attached Document
Title or Type of Document: _______________________ _
Document Date: _____________ _ Number of Pages:______ _ Signer(s) Other Than Named Above:. ____________________ _ Capacity(ies) Claimed by Signer
Signer's Name: ___________________________ _
0 Individual
D Corporate Officer - Title(s):. ______________________ _ D Partner -- D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
0 Other:. __________________ _
Signer is Representing:. _____________ _
Right Thumbprint of Signer Above
EXHIBIT 2 Page 41 of 41
City of Stockton
Legislation Text
File #: 24-0774, Version: 1

ADOPT A RESOLUTION AND RATIFY THE EMERGENCY CONSTRUCTION CONTRACT FOR

THE VAN BUSKIRK BUILDING DEMOLITION PROJECT

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

1. Approve Notice of Exemption No. NOE12-24 under the California Environmental Quality Act for the Van Buskirk Building Demolition, Project No. WP24025.

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

3. Approve findings and ratify the City Manager’s approval to execute an Emergency Construction Contract to W.C. Maloney, LLC of Stockton, CA, in the amount of $114,550, for the Van Buskirk Building Demolition, Project No. WP24025.

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 Van Buskirk Golf Course ceased operations in 2019 and has remained closed to the public.

Since the closure, there have been multiple fires at the property, including two in 2023. Due to the threat to City property and public health and safety, Public Works executed an Emergency Construction Contract with W.C. Maloney, LLC of Stockton, CA, in the amount of $114,550 for the Van Buskirk Building Demolition, Project No. WP24045.

The contract was processed in accordance with the provisions of Stockton Municipal Code (SMC) section 3.68.070(B), which provides an exception to the competitive bidding process under cases of emergencies. SMC section 3.68.070(B) requires that a written report, including findings upon which the emergency was based, be provided to Council no later than its next regularly scheduled Council meeting.

Staff recommends award of the Emergency Construction Contract to the lowest responsive bidder, W.C. Maloney, LLC, in the amount of $114,550. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE12-24 under the California Environmental Quality Act (CEQA). Demolition is anticipated to be completed by the end of August 2024.

City of Stockton Page 1 of 3 Printed on 8/16/2024
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File #: 24-0774, Version: 1

DISCUSSION
Background
The 214-acre municipal course was in operation for over 60 years before it closed in 2019. It is located between Houston Avenue and the levees of the San Joaquin River and French Camp Slough. The Van Buskirk family gave the property to the City, provided it is used only for recreation purposes.

Even after its closure in 2019, the City is still responsible for the maintenance of the property. The City continues to mow the property to reduce the risk of fires spreading to the surrounding homes, Van Buskirk Community Center, and the Municipal Utilities District Pump Station. The City repairs vandalism to the fence and removes illegally dumped trash. The buildings on the property have been continually vandalized even after being boarded up and are beyond repair. In the summer of 2023, the former maintenance building was burned in a fire that burned several acres close to the Van Buskirk Community Center. In November 2023, the clubhouse and cart storage buildings were burned in two separate incidents.

On May 2, 2023, by Resolution No. 2023-05-02-1502, Council allocated funding for Councilprioritized projects, including $300,000 for the demolition of the buildings at Van Buskirk Golf Course.

In the summer of 2023, Public Works’ staff initiated a project to demolish the buildings. Due to multiple fires, the risk to City property, and the threat to public health and safety, Public Works’ staff accelerated the project.

Present Situation
On December 5, 2023, the Van Buskirk Building Demolition, Project No. WP24025, was advertised for bids. On December 21, 2023, two bids were received with the following results:

COMPANY NAME BID AMOUNT
W.C. Maloney, LLC $109,550
(Stockton, CA)
Jim Thorpe Oil, Inc. $248,800
(Lodi, CA)
After the bids were opened, Public Works’ staff found it was necessary to expand the scope of work to include utility coordination as part of the project. W.C. Maloney, LLC submitted a revised bid in the amount of $114,550 to include the utility coordination with PG&E.

The project is statutorily exempt from the requirements of CEQA as specified under Section 15301(I) (4) of the CEQA Guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. This resolution will approve the filing of Notice of Exemption No. NOE12-24 under CEQA.

City of Stockton Page 2 of 3 Printed on 8/16/2024
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File #: 24-0774, Version: 1
The demolition of the buildings at the former golf course will be completed by the end of August 2024.

Public Works’ staff is completing the closeout of the Construction Contract with W.C. Maloney, LLC.

It is recommended that Council adopt a resolution ratifying the City Manager’s approval to execute an Emergency Construction Contract to W.C. Maloney, LLC of Stockton, CA, in the amount of $114,550, for the Van Buskirk Building Demolition, Project No. WP24025.

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

1. Abandoned lots and structures are a hazard that could adversely affect public health, safety, and welfare.

2. Failure to undertake emergency construction of the Van Buskirk Building Demolition project would have resulted in significant liability for the City.

3. W.C. Maloney, LLC was selected as the most qualified construction contractor given the following:
· Experienced local demolition contractor;
· The contractor was responsive and could start work upon the City’s issuance of a Notice to Proceed; and
· W.C. Maloney, LLC submitted the lowest responsive bid and possessed the necessary licenses to perform the work.

FINANCIAL SUMMARY
There are sufficient funds available in the Van Buskirk Building Demolition, Project No. WP24025, to award a Construction Contract to W.C. Maloney, LLC in the amount of $114,550 for the Van Buskirk Building Demolition, Project No. WP24025.

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

City of Stockton Page 3 of 3 Printed on 8/16/2024
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Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE12-24 AND

RATIFYING THE EMERGENCY CONSTRUCTION CONTRACT FOR THE VAN BUSKIRK BUILDING DEMOLITION, PROJECT NO. WP24025
On December 21, 2023, two bids were received for the solicitation of the Van Buskirk Building Demolition, Project No. WP24025; and
The emergency demolition of the dilapidated and abandoned structures at Van Buskirk Golf Course is required due to the threat to City property and public health and safety; and
After the bid opening, Public Works’ staff found it was necessary to expand the scope of work to include utility coordination as part of the project. W.C. Maloney, LLC submitted a revised bid in the amount of $114,550.00 to include the utility coordination with PG&E; and
The project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(I)(4) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves the filing of Notice of Exemption No. NOE12-24 under the CEQA for the Van Buskirk Building Demolition, Project No. WP24025, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves findings pursuant to Stockton Municipal Code (SMC) section 3.68.070(B) in support of an exception to the competitive bidding process for the Emergency Construction Contract for the Van Buskirk Building Demolition, Project No. WP24045:
a. Abandoned lots and structures are a hazard that could adversely affect public health, safety, and welfare.
b. Failure to undertake emergency construction of the Van Buskirk Building Demolition project would have resulted in significant liability for the City of Stockton.
c. W.C. Maloney, LLC was selected as the most qualified construction contractor given the following:
 Experienced local demolition contractor;
 The contractor was responsive and could start work upon the City’s issuance of a Notice to Proceed; and
 W.C. Maloney, LLC submitted the lowest responsive bid and possessed the necessary licenses to perform the work.

3. The City Council approves findings and ratifies the City Manager’s approval to execute an Emergency Construction Contract to W.C. Maloney, LLC of Stockton, CA, in the amount of $114,550.00, for the Van Buskirk Building Demolition, Project No.

WP24025, a copy of which is attached as Exhibit 2 and incorporated by this reference.

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 August 20, 2024 .

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

KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
TO: COUNTY CLERK

COUNTY OF SAN JOAQUIN
44 N. San Joaquin St., Ste. 260
Stockton, CA 95202

CITY OF STOCKTON

NOTICE OF EXEMPTION
FROM: Lead Agency
City of Stockton
c/o Public Works Department
22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(8) AND CALIFORNIA CODE OF REGULATIONS TITLE 14. SECTION 15062

PROJECT DATA
Project Title: Van Buskirk Building Demolition. Project No. WP24025 CEQA Exemption File No.: NOE 12-24
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton's Public Works Department will be demolishing and removing nine .(fil structures at the former Van Buskirk Golf Course. See attachment A for more information.

The activity is not a "project" as defined in CEQA Guidelines Section 15378.

The activity is exempt under the "general rule" at CEQA Guidelines Section15061 (8)(3). _X_ The project is "Statutorily Exempt" per CEQA Guidelines Section: 15301 (1)(4).

The project is "Categorically Exempt" per CEQA Guidelines Section 15332.

BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
___lL The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).

CHAD REED, DIRECTOR

PUBLIC WORKS DEPARTMENT
By ________________ w _
Colin Scott, Parks Manager
March 1 2024
(DATE OF PREPARATION)
(DATE OF FINAL APPROVAL)

Signature Title
Posting Period Ending Date
EXHIBIT 1
/ CONSTRUCTION CONTRACT
This contract is made and entered into on 31:iolwd ., by and between W.C.

MALONEY, LLC, a (STATE OF CALIFORNIA CORPORATION), with a business address at P.O. BOX 30326, STOCKTON, CA 95213, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
WI TN ES SETH:

WHEREAS, plans and specifications for the construction of VAN BUSKIRK BUILDING DEMOLITION (PROJECT NO. WP24025), hereinafter called "PROJECT," were regularly adopted by Council Resolution No. ________ , on --------; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. ________ , on ______ _
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:

CONTRACTOR agrees:

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

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $114,550.00, or as otherwise mutually agreed to in a Contract Change Order.

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

Local Construction Contract- W.C. MALONEY, LLC - PROJECT NO. WP24025 (Updated 10/18/23)

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EXHIBIT 2
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

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

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

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

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

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

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

Page 2 of 40 ends

EXHIBIT 2
General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

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

5. STANDARD. PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shaH be executed in accordance with Section 8-1.048 of the City of Stockton Standard Specifications and Plans as' adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

6. I WORKING
-·-- ·--· ••• ·---· - --- --- ------ -- --·---. DAYS .. This work shall be diligently prosecuted to completion before the expiration of 30 WORKING DA VS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay: and it is therefore agreed that CONTRACTOR will pay to CITY the sum of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve Local Construction Contract· W.C. MALONEY, LLC • PROJECT NO. WP24025 (Updated 10/18123)

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EXHIBIT 2
the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

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

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

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(Updated 10/18/23)
EXHIBIT 2
C.
d.

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

LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall under�tand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
httg�:£lle.gjnfo,legjslature.ca.gov/faces/codes displayText.xhtml?lawCode= LAB&d ivision=2. &title=&part= 7 .&chapter= 1 .&article=2.

PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
b,Up://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly Local Construction Contract· WC MALONEY. LLC • PROJECT NO. WP24025 (Updated 10/18/23)

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EXHIBIT 2
chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 21 Part 7, Chapter 11 Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE ANO NO/100 DOLLARS ($25.00) for each laborer. worker. or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer. worker, or mechanic is required or permitted to work more than �ight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR'S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL l;MPLOYMENT ORDIN.ANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

3.68.095.
f. SANCTIONS
Deliverables must conform with all applicable federal, state, and local Local Construction Contract· W.C. MALONEY, LLC • PROJECT NO. WP24025 (Updated 10/18/23)

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EXHIBIT 2
laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

CITY agrees:

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

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

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

Processing of change orders shall be in accordance with Section 4-1.0SA of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions .. of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request,·promptly furnish the Engineer with adequate detailed cost data for such item of work.
local Construction Contract· WC. MALONEY, LLC • PROJECT NO WP24025 (Updated 10/18/23)

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EXHIBIT 2

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

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

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

ATTEST:

C.ivELIZA R. GARZA \ r � CITY CLERK
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

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

DEPUTY CITY ATTORNEY
CITY:

Y BLACK

CITY MANAGER
31·54%g2l) __ _
Tax Identification No.

Local Construction Contract -W.C. MALONEY, LLC - PROJECT NO. WP24025 (Updated 10/18/23)

Page 8 of 40 ends

EXHIBIT 2
� A � IK4
Precizlon

MIIM'II
Partners Company
J/IJ

EXHIBIT A
4020 Newton
[email protected]
Road P.O. Box 30328
Stockton.
2099421129
CA96213
Project: Van Buskirk Building Demolition REV2
>roposal submitted by: Jeremy Burt
:maU: [email protected]
>hone: 530..277-4094
>ear Respected Client:

VC Maloney Is pleased to submit our pricing and proposal and we greatly appreciate the opportunity. As an irganlzation we have well over 100 years of experience performing demolition and abatement work across the 1pectrum. In this proposal you will find the details and limitations of our scope.

Ve are bidding on the following Items:
•rovide materials, labor, and equipment for the abatement of materials containing greater than 1 % asbestos and lemolitlon of noted buildings 1-9 in supplied Exhi�it D and FACS survey dated 1/1/2019. AH slabs and pumps to remain Is discussed during mandatory site visit 12/8/23.
,109,550.00
1dd for coordination cl PG&E gas and power disoonnects
5,000.00
·otal:
114,550.00
ems not expressly included in this proposal shall be deemed excluded from subcontractors soope of work. :hanges or deletions to this quote, bid Item list or terms and conditions, must be done PRIOR to bid time only. i*INCLUDED*H
'ermits
iust Control
1ump Fees
.fr Quality Notification Fees
love-ins (1)
dd for Each Extra Mobilization ($2,500.00)
•EXCLUSIONS*,..
o Allowance For Local Hire
nglneering Costs or Services
spectlon Costs
:>tholing of underground utiftties
Ulities Protection, Shoring/Bracing, Disoonnect/Safe Off or Capping 'CM will contact USA and obtain a ticket# for our work area. Any locating of utilities that falls outside of USA rlsdiction, will be the G.CJOwners responsibility to Identify and layout.

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EXHIBIT 2
Base Rock Removal
Traffic Control (Auto/Pedestrian)
Barricades (Auto/Pedestrian)
Temporary Fencing
Site Security
Any Unforeseen Objects Below Grade Unless Noted in Quote.

Temporary Shoring or Bracing
De-Watering
Backfil and Compaction
Installation And Maintenance Of (S.W.P.P.P.)
Street Sweeping
Protective Covering
Rough Grade Only, Fine Grading by Others
Relocate/Salvage i.e.Savlng or Salvaging for Relocation or Reuse on Project a OWners Reuse Temporary Lighting
Saw Cutting
Excavation For our Removal Only
Treated Wood Waste Disposal not Included in Bid
" .. * Additional requirements**•
Layout Of Work, Le. Specific Markings In Paint lndentifylng Exact Removal Limits Lane Closures if Necessary
Free Access to Water and Power at Work Location
Access to Work Areas
Work to be Perfonned During Normal Hours.

All Salvage Material Becomes Property ofW.C. Maloney Inc.

Stand-By Time Beyond the Control of W.C. Maloney Inc. Will Be Subject b Additional Charges.

EXHIBiT A
--AN ASBESTOS SURVEY WILL BE REQUIRED PRIOR TO DEMOLITION (NOT INCLUDED IN PRICE) PLEASE ALLOW FOR A 10 WORKING DAY NOTIFICATION IN YOUR SCHEDULE TO AIR QUALITY CONTROL PRIOR TO

ANY DEMOLITION
-WE REQUIRE A COPY OF THE DEMOLITION PERMIT FOR OUR RECORDS, PRIOR TO STARTING ANY WORK.

W.C. MALONEY'S INDEMNITY OBLIGATIONS AND OTHER PAYMENT OBLIGATIONS UNDER THIS

SUBCONTRACT ARE EXPRESSLY LIMITED TO ANO SHALL NOT EXCEED OBLIGATIONS, LOSSES, DAMAGES, ETC., COVERED BY AND ACTUALLY PAID BY W.C.MALONEV'S INSURANCE AS REQUIRED IN THIS SUBCONTRACT.
•THIS QUOTE REPRESENTS MY FULL SCOPE OF WORK AND SHALL BE MADE PART OF THE SUBCONTRACT ALONG WITH THE 'W.C. MALONEY TERMS AND CONDITIONS".

Contractors License #718243 Class A & C-21
D.I.R. #1000868882
We Are Signatory To The Labofers & Operating Engineers Unions. :luote Expiration.

The offer to perform the work for the price and terms set forth in the Quote and Agreement Is valid for thirty (30) days and may be contingent upon a satisfactory credit report. The Quote shall ,be attached and ncorporated by reference Into any subcontract returned to Subcontractor for signatur e.

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EXHIBIT 2

EXHIBIT A
�cope of Work.
terns not expressly included in the attached Quote shall be deemed excluded from W.C. Maloney's (WCM) ;cope of work, including, without liml•tion: Layout, traffic control; permits; utilities; air quality control and nonitoring; erosion control; including without limitation, blocking storm drains, or catch basins; water or dust ,arriers; patching; shoring; access to work area; safety rails/barriers; protection of open areas resulting from 1aw cuts, core holes, demolition or excavation work performed by WCM and directed by others, or open treas; prot�ction from water. du�t damage or staining; water for dust control; and hazardous conditions, ncfuding removal. WCM shall only be bound to the schedule for work as stated in bid or Quote or according o a schedule which WCM and Owner/Contractor have expressly approved in writing . . imitatiOA of Llabilfty.
a) IN NO EVENT SHALL WOM BE LIABLE TO CONTRACTOR/OWNER OR ANY THIRD PARTY FOR ANY .ass OF USE, REVENUE OR PROFfT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY .IQUIDATED, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE -AMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) )R OTHERWISE. REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND �ETHER OR NOT WCM HAS BEEN ADViSED OF THE POSSIBIL.ITY OF SUCH DAMAGES, AND

IOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL 1URP.OSE. fN NO EVENT SHALL WCM AGGREGATE LIABILITY ARISING OUT OF ,OR RELATED TO HIS AGREEMENT, WHETt-ER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT

NCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO WCM OR THE SERVICES PROVIDED.
>) The.limitation of liability set fonh herein shall not apply to lfabllity resulting from WCM' gross negligence or 1 lllful misoonduct
:) Contractor or Owner, as tl;le case may be, should expect a minimum amount of damage or marring from 1e abatement process as a result of tape and adhesive which may be used to isolate the work areas. WCM ,all not be responsible for such damage. Further, if It is necessary for WCM to remove fixtures and /or 1binets in order to access the asbesk>s containing material, WCM wllf not be responsible for any damage to • replacement of these materials.
ommencement and Progress of Work; Delay.
'CM will proseGute the work dllJgently to completion and will conform to any progress schedule established , Contractor or owner. WCM will coordinate work with Contractor or Owner and other subcontractors so that ere will be no delay k> or interference with other work on the project. WCM shan not be liable for delays in its immencement of the Work caused by the Contractor, Owner or other subcontractors. aterial Price Increase.
the event that there are signfflcant Increases in the prices for materials, supplies, fuel and/or equipment

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EXHIBIT 2
·� � A ll4
Precillon
Mltllll
Partners Company
lld

EXHIBIT A
(collectively, •Materials") for the work to be perfonned _hereunder, between the date of this Quote and the date such Materials are purchased, WCM shall be entitled to additional compensation as desaibed herein. A Slgnificant,Price Increase shaU be defined herein as an Increase as to any specific Items of Materials of twenty percent (20%) or more. In the event a significant increase In price occurs, the contract price shall automatically be increased, a change order may be Issued, and Owner/Contractor agrees to pay to WCM the Increased oontraot price. Upon reasonable request by Owner/Contraetor, WCM is entitled to demonstrate a Significant Price Increase thraugh the use of .quotes, supplier list prices, invoices, or receipts. WCM shall In no way be responsible for Increased prices of materials when <a.tseH by delays shortages, or unav,ilablllty of materials due to conditions not caused by WOM.

Payment.

M payments, Including payments for extra wort< or payments hereunder, shall be made in accordance with the California CivH Code, prompt payment statutes, l>ut In no event shall payment be made later than ten (10) days from the date Contractor receives payment for the work to be performed or within thirty (30) days of request for payment to Owner. In addition to any other remedies available: work not paid for In a 'timely fashion shall be subje-ct to a late cha[De, of 2%, compounded rnonthiy and any unpaid amounts shall be subject to Interest at 18% per annum. In the event WCM is foreed to fife a claim or lawsuit In order-to enforce any agreement and/or collect any fees dtte hereunder, Owner or Contracte>'r will be responsltile'for all sucH rees, including any and al reasonable' attorneys fees. Notwfth'standing anything herein to the contrary, WCM shall have the right. to stop work in the event·• falls to receive' payment for any work following 45 days after satisfactory performance thereof. Payments shaft not Include a deduction for retention unless• otherwise 1:1greed in writing.

Back Charges and OpportunJty to Cure Defects.

Back charges will not be paid unless Owner/Contractor. (a) noflfies WCM within seventy-two (72) hours of :tiscovery of a defect in WCM' work; (b) WCM provides written approval � any remedial work is performed; and (c) OWner/Contractor provides WCM a reasonable opportunity to cure the alleged defect. 3ack charges may not be deducted from payments due;. back charges Instead will be billed. ;I
ndemnlflcation.
ro the greatest extent pennltted by law, Owner and Contractor agrees to defend, indemnify, and hold 1armless WCM and its employees, agents, and officers from and against all claims and suits by Jwner/Contractor or third parties fordamages, injuries to persons (Including death), property damages, asses, and expenses including court costs and reasonable attorney's fees, arising out of, or resulting from, NCM's performance under this Agreement. Including all allegations of negfigent or Intentional acts on the >art of WCM, its officers, employees, agents, subcontractors, licensees, or invitees, except for the gross 1egligence or willful misconduct on the part of WCM.
\ccess b Area of Work.

Page 12 of 40 ends

EXHIBIT 2
EXHIBIT A � lt4 � A IIAJIM'II W
Preclzfon Partners Company
"he party accepting this Agreement agrees to ensure that the area ci work Is free of vehicles, garbage bins, ;torage bins or other blocking Items, or water which would prevent the work called for In this Agreement. ;hould WCM be prevented fom, commencjng work because of vehiefes, garbage bins, storage bins or other 1locking Items, or wet or damp conditions, CK other customer related activity, the accepting party agrees to ,ay WCM the sum of $850.00, which the parties agree is a fair and reasonable calculation of WCM costs for omlng to the work site. The area in which the asbestos is to be removed will be occupied by WCM' ersonnel or Its authorized agents and will be off limits to any and all persons during the entire abatement rocess. Proper signage will be posted.
lefauH and Termination.
1 Contractor or Owner fails to perform in accordance with this Agreement, WCM shall give Contractor or 1wner notice of such default, including a description of the defaurt. If Contractor or Owner fails to cure the efault within 72 hours after the notice (time being of the essence), WCM may terminate this Agreement. :ontractor or Owner shall promptly pay, but within thirty (30) days oftenninatlon of this Agreement, WCM for II work performed.

Page 13 of 40 ends

EXHIBIT 2
�xhibit B;
Insurance Requirements
(Demolition)
EXHIBiT B
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

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

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

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

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

4. Contractors Pollution Liability applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

5. Surety Bonds as described below.

Self-Insured Retentions

Page 14 of 40 ends

EXHIBIT 2

EXHIBIT B
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 Insured.

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

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

General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; IDd CG 20 37 forms if later revisions used).

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

2. For any claims related to this project, the Contractor's insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the· Oty 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.

Page 15 of 40 ends

EXHIBIT 2
EXHIBiT B

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

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

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

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

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

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

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

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

Page 16 of 40 ends

EXHIBIT 2

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

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

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

Page 17 of 40 ends

EXHIBIT 2
EXHIBiT B

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

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

Certificate Holder Address
Toe address for malling certificates, endorsements and notices shall be:

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

Page 18 of 40 ends

EXHIBIT 2
Subject:

CITY OF STOCKTON, CALIFORNIA EXHIBITC

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 511195, 1/1198 PER-037 (Sexual Harassment Investigative Procedures) revised from 2115193 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by' strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.

II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial 6f family and medical care leave, marital status, sexual orientation, sex {including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older),, concerted labor activity, or any other category or attribute consistent with state or federal law.

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

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

Page 19 of 40 ends

EXHIBIT 2
Subject:

CITY OF STOCKTON, CALIFORNIA EXHIBITC

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No, 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
{see below}
PER-015 (Sexual Harassment'in the WOfkplace) re111sed from 10121194, 511195, 1/1198 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15193 maintaining an employment environment . free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.

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

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

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

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

Page 20 of 40 ends

EXHIBIT 2
Subject:

CITY OF STOCKTON, CALIFORNIA

EXHIBIT C

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PEA-015 (Sexual Harassment In the Wori<plac.e) revised from 10/21194, 511195, 1/1198 PER-037 (Sexual Harassment lnvestigaUve Procedures) revised from 2/15193 HI. . .DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:

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

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

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

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

Page 21 of 40 ends

EXHIBIT 2
Subject:

CITY OF STOCKTON. CALIFORNIA EXHIBirc
CITY MANAGER ADMINrSTRA TIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
' PER-015 (Se,cual Harassment "1 the Workplace) revtsed from 10121/94, 511/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised ftom 2115/93 otherwise adversely affecting an employee•s or non-employee's �mployment opportunities.

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

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

2. e,hysicat Harassment: Assault, impeding or blocking movement that results in the physical interference \\1th normal work or movement on the basis of race, religion, color. national origin, ancestry, physical or mental disability. marital status. pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

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

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

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

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

Page 22 of 40 ends

EXHIBIT 2
Subject:

CtTY OF STOCKTON. CALIFORNIA

EXHIBIT C

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR�15 Page No. 5 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sell(ual Harassment In the Workplace) revised from 10121194, 5/1195, 1/1/98 PER-037 (Sell(ual Harassment lnvesligatiVe Procedures) revised from 2/15193

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

Page 23 of 40 ends

EXHIBIT 2
Subject:

CITY OF STOCKTON, CALIFORNIA EXHIBITC

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
•- (see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10121/94, 5/1195, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2115/93 i. Retaliation for making harassment reports or threatening to report harassment.

D. Affordable Care Act (ACA) Anti-Reta!iati9n
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:

1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace., or 11Exchange", by which can trigger a penalty payable by the employer;

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

3. Testifies in a proceeding concerning such violation;

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

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

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

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

Page 24 of 40 ends

EXHIBIT 2
Subject:

CITY OF STOCKTON, CALIFORNIA

EXHIBIT C

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
'· PER-015 (Sexual Harassment In the WO(kplace) reVlsed from 1°'21194, 511/95, 1/1/98 PER•037 (Sexual Harassment Investigative Procedures) revised from 2/15193 employee or non-employee subject to dlscrimin�tion or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.

1. Emal2vee'§ go� t)l_on:-Employee's Responsibilities when Subjected to _Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and nonemployees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or

Page 25 of 40 ends

EXHIBIT 2
Subject:

CITY OF STOCKTON, CALIFORNIA

EXHIBITC

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09

2. 5/1/2015 4/6/09
3/1/2010
(see below)
• PER·015 ( Sexual Harassment In lhe Work p l lace revlsec from 10121194 511195 1/1198 • ' I PER-037 (Sexual Harassment Investigative Procedures) revised from 2115193 with Human Resources. To assi�t the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s). the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations,
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.

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

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

Page 26 of 40 ends

EXHIBIT 2
Subject:

EXHIBITC

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER·015 (Sexual Harassment tn the Workplace) revised from 10/21194, 511/95, 1/1/98 PER.037 (Se11Ual Harassment Investigative Procedures) revised from 2115/93 d. A , supervisor or manager who receives a complaint of prohibited conduct is 'required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.

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

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

V. INVESTIGATION PROCEDURES'
A. Qe��nnination of_ Responsibility for. lnyestigation.

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

Page 27 of 40 ends

EXHIBIT 2
Subject:

CITY OF STOCKTON, CALIFORNIA
EXHIBiTC

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 PageNo.10 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
' PER-015 (Sexual Harassment In the Wo,kplace) reY1sed ffom 10/21/94. 511195, 1/1198 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15193 responsible for the investigation, shall issue written notificatiqn to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.

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

1. Identify and preserve the evidence.

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

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

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

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

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

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

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

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

Page 28 of 40 ends

EXHIBIT 2
Subject:

CITY OF STOCKTON, CALIFORNIA

EXHIBIT C

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.11 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual� arassment In the Workplace) revised from 10/21/94, 511/95, 1/1/98 PER-037 (Sexual Harassment lnvestigatiVe Procedures) revised from 2/15/93 supervisors, about the harassment.

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

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

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

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

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

15. Conduct follow-up interviews. if warranted.

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

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

Page 29 of 40 ends

EXHIBIT 2
Subject:

CITY OF STOCKTON, CALIFORNIA

EXHIBITC

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Oirectlv� No. HR •15 Page No.12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised ftom 10/21194, 511195, 1/1198 PER-037 (Sexual Harassment lnvesClgative Procedures) revised from 2/15193 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, If warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or deslgnee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.

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

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

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

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EXHIBIT 2
Subject:

EXHIBITC

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.13 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
,. PER•015 (Sexual Ha,assment In the Workplace) revised from 10/21/94, 511/95, 1/1/98 PER·037 (Sexual Harassment Investigative Procedures) revised from 2/15193 complained of did not occur. The finding ,also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.

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

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

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

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

Page 31 of 40 ends

EXHIBIT 2
Subject:

EXHIBITC

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR .. 16 Page No. 14 of 14
DISCRIMINATION AND Effecth,e Date: Revised From: HARASSMENT POLICY 7/27/09 6/1/2016 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10121/94, 511195, 1/1/98 PER·037 (Sexual Harassment Investigative Procedures) revised from 2/15193 agencies. Both the EEOC and DFEH serve as neutral fapt-finders and attempt to assist parties in resolving disputes voluntarily.

IX. COMMUNICATION OF POLICY.

This policy shall be provided to all managers, supervisors1 employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All empfoyees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.

APPROVED:
��

CITY MANAGER
SON
::OOMA\GRPWISE\COS.PER.PER_lib<ary:96180, I

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EXHIBIT 2
Bond No. ES00017027
Premium: $1,650
Premium is for contract term and is subject
to adjustments based on final contract price

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, W.C. MALONEY, LLC, a (STATE OF CALIFORNIA CORPORATION), as Principal and , .
.

Everest National Insurance Compan�
and existing under the laws of the State of Delaware
, a corporation, organized
and duly authorized to
transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of ONE HUNDRED FOURTEEN THOUSAND FIVE HUNDRED FIFTY AND 00/100 DOLLARS ($114,550.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

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

VAN BUSKIRK BUILDING DEMOLITION
(PROJECT NO. WP24025)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the

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EXHIBIT 2
provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

SIGNED AND SEALED on _Fe_b_ru_a_,,_ry_2-'-, 2_0_24 __________ ----:.

APPROVED AS TO SURETY:

Everest National Insurance Company
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

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

DEPUTY CITY ATTORNEY

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City Council and Concurrent AuthoritiesAugust 20, 2024

City Council and Concurrent Authorities
August 20, 2024