Agenda packet — City Council and Concurrent Authorities, August 20, 2024 (part 6 of 9)

EXHIBIT 2

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

State of California
County of _____ ::;,:.Bc:u�tte _____ .. )
On -�--F .... eb __ r __ u__ a...,ry ___ 2_.. __ 2 __ 0__ 2 ..... 4 __ before me, ____ S"""a"""'r..a.a_W�a.;.;.ll__ s __ i er..,, _N_o_ta_ry...,____P_u_b-'li--'-_c'-__ _ (insert name and title of the officer)
personally appeared Elizabeth Collodi
who proved to me on the basis of satisfactory evidence to be the person(st whose name(st is/afe subscribed to the within instrument and acknowledged to me that Re/she/tRey executed the same in R+&/her/� authorized capacity(iest, and that by M;/her/� signature(st on the instrument the person(st; or the entity upon behalf of which the person(st 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 6ill-1'J ch (Seal)

Page 35 of 40 ends

EXHIBIT 2
Li. everestrv

POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY and EVEREST NATIONAL INSURANCE COMPANY KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company and Everest Natmnal Insurance Company, corporations of the State or Delaware ("Company") having their principal offices located a1 Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:

Elizabeth Collodl, John Hopkins, John J. Weber, Joseph H. Weber, Renee Ramsey, Sam Wal/Iser, Mindy Wllltehouse, Jennifer Lalcmann, Deanna Quintero, BIii Rapp, J05on March, Matthew Fosler, Tony Clarie, Kristle Phi/lips, Claudine Gordon, Michael K Fffney, Samenth11 Walkins, Phil Watlc/ns, Brad Espinosa, Paula Senna, Pam Sey, Breanna Boatright, Kalhloan Le, Sharon Smith, Casandra Medina tts true and lawful Allorney(s)-in-fad to make. execute, attest, seal and deliver for and on its behalf, as surely, and as its ad and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum or no one of which is in any event to exceed UNLIMITED, reserving for itself lhe full power of substitution and revocation.

Such bonds and undertakings, when duly exeeuled by the aforesaid Allorney(s}-in-fad shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.

This Power of Attorney Is granted and ·,s signed by facsimile under and by the authority of the following Resolu1ions adopted by the Board of Directors of Company ("Soard") on April 21, 2016:

RESOL 111:D. that the Prosident, any Executive Vice Prosident, and any Senior Vice Prosident are hereby appoinlad by Iha Board as authorized to make, execute, seat and deliver for and on behalf of Iha Company, any and all bonds, undertakings, contracts or obligations in suroty or co-sunity with others and that the Secretary or any Assistant SllCl'fltary of the Company be and thar each of them hereby is authorized to attest to the execvhon of any such bonds, undertakings, oontrscts or obligations in surety or co-surety and attach therolo Iha corporate seal of Iha Company.

RESOLVED, FURTHER, that Iha President, any Executive Vice President, and any Senior Vice President ara hereby authorized to execute powers of attorney �alifying the attomey named in the given power of attomay to execute, on behalf of the Company, bonds and underlakings in surety or co-surety with othern, and that the Secratary or any AsSJs/ant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power ol attorney, and to attach thereto the co,porote seal of the Company
RESOLVED, FURTHER, that the signature of such office,s na1116d in the preceding rosolu�ons and /he corporate seal of the Company may be afrixad to such powern of attorney or lo any certificate rela�ng thereto by facsirrola, and any such power of attomey or certmcale bearing such facsimile signatures or facsimile seal shall be thereafter valid and bindng upon the Company with re sped to any bond, undertaking, cont rad orobliga�on in surety or co-surety with others to which ii is attached.

IN WITNESS WHEREOF. Everest Reinsurance Company and Everes1 National Insurance Company have caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 10"' day of Octobe1 2023.

Everest Reinsurance Company and Everest National Insurance Company By: Anthony Romano, Senior Vice President
Qi this 22"" of March 2023, before me personally came Anthony Romano, known 10 me, who. being duly sworn did execute the above instrument: that t-e knows the seal a said Company, that the seal affixed 10 the aforesaid instrument IS such corporate seal and was affixed thereto: and that he executed said instrument l:r)I like order.

LINDA ROBINS
Notary Public, State ol NowYor1c
No 01R082397Je
Quallfled In a.-na County
Term Expires Aprll 26, 2027
I� ..,f_) !
Linda
ifift--
Robins,
f;L-,J
Notary Public
I, Sylvia Semerdjian, Assistant Secretary of Everest Reinsurance Company and Everest National Insurance Company do hereby certify that I have compared the foregoing copy cf the Power of Attorney and affidavit, and the copy a the Seciion of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcsipts thereof, and c:I the whole of the said originals, and that the sa·1d Power of Attorney has not been revoked and is now in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this.Zilll. day of,February 202�- II
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• By: Sylvia Semerdjian, Assistant Setfetary
ES 00 01 04 16 Page 36 of 40
EXHIBIT 2
Bond No. ES00017027
Premium is included in Performance Bond

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

That we, W.C. MALONEY, LLC, a (STATE OF CALIFORNIA CORPORATION), as Principal and Everest National Insurance Comeant corporation, organized and existing under the laws of the State of Delaware 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 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 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:

VAN BUSKIRK BUILDING DEMOLITION
(PROJECT NO. WP24025)
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 this bond will pay the same, in an amount not exceeding the sum specified in this bond,

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EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
City of Stockton
Legislation Text
File #: 24-0719, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM FY 2024-25 SB1 - CAPE SEAL PROJECT

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

1. Approve Notice of Exemption No. NOE28-24 under the California Environmental Quality Act for the Local Street Resurfacing Program FY 2024-25 SB1 - Cape Seal, Project No.

WD25003.

2. Approve the plans and specifications for the Local Street Resurfacing Program FY 2024-25 SB1 - Cape Seal, Project No. WD25003.

3. Award a Construction Contract in the amount of $892,298 to VSS International, Inc. of West Sacramento, CA, for the Local Street Resurfacing Program FY 2024-25 SB1 - Cape Seal, Project No. WD25003.

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 a cape seal treatment to approximately five centerline miles of various residential roadways citywide (Attachment A). Cape seal is the process of placing a chip seal on the existing surface and then placing a slurry seal surface on top of the chip seal to improve rideability and extend the roadway’s life expectancy. The project was included in the 2024-29 Five-Year Capital Improvement Plan (CIP).

On June 13, 2024, the City received four bids for this project. Staff recommends award of the Construction Contract to the lowest responsive bidder, VSS International, Inc., in the amount of $892,298. Staff also recommends that Council adopt a resolution approving Notice of Exemption No.

NOE28-24 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin in early fall 2024 and be completed by late fall 2024, weather permitting.

DISCUSSION
Background
On April 28, 2017, the Governor signed Senate Bill 1 (SB1), known as the Road Repair and City of Stockton Page 1 of 3 Printed on 8/16/2024
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File #: 24-0719, Version: 1
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.

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.

An estimated $8.3 million in SB1 RMRA Program funding was allocated to the City for Fiscal Year (FY) 2024-25 and approved by Council on May 14, 2024, by Resolution No. 2024-05-14-1220. 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 surfacing 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 2024-25 SB1 - Cape Seal, Project No. WD25003, was included in the 2024-29 Five-Year CIP. The project will apply a cape seal to approximately five centerline miles of various residential roadways citywide (Attachment A). The project includes removing and replacing pavement striping and legends and applying a cape seal. Cape seal is the process of placing a chip seal on an existing surface and then placing a slurry seal layer on top of the chip seal. Chip seal is a roadway surface treatment consisting of a layer of asphalt rubber binder with a layer of embedded aggregate. Slurry seal is a mixture of water, asphalt emulsion, finely crushed rock, and additives applied in a thin layer to an asphalt pavement surface. This treatment improves rideability and extends the roadway’s life expectancy.

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 50 and 65 are suitable for this treatment. Cape sealing of the selected local roads is anticipated to extend their life span by a minimum of seven years.

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 21, 2024, the Local Street Resurfacing Program FY 2024-25 SB1 - Cape Seal, Project No.

City of Stockton Page 2 of 3 Printed on 8/16/2024
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File #: 24-0719, Version: 1
WD25003, was advertised for bids. On June 13, 2024, four bids were received with the following results:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
VSS International, Inc. $892,298 $892,298
(West Sacramento, CA)
American Pavement $925,583 $925,583
Systems, Inc.
(Modesto, CA)
Pavement Coatings Co. $965,515 $965,515
(Sacramento, CA)
Northwest Paving, Inc. $992,990 $992,990
(Sacramento, CA)
Engineer’s Estimate $897,850
The requirements of Stockton Municipal Code section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The bid from VSS International, 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 VSS International, Inc. of West Sacramento, CA, in the amount of $892,298.

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. NOE28-24 under CEQA. Construction is anticipated to begin in early fall 2024 and be completed by late fall 2024, weather permitting.

FINANCIAL SUMMARY
There is sufficient funding available in the Local Street Resurfacing Program FY 2024-25 SB1 - Cape Seal, Project No. WD25003, to award a Construction Contract to VSS International, Inc. in the amount of $892,298.

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 3 of 3 Printed on 8/16/2024
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WATERLOO RD

FREMONT ST

MARIPOSA
RD

AIRPORT WY

DR MLK JR BL

MAIN ST

PARK ST

PACIFIC AV

HOWARD RD

EIGHTH ST

ALPINE AV

WEST LN

HARDING WY

EL DORADO ST
CALIF
ST

CENTER ST

MATHEWS RD

CHARTER WY
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LEGEND:

Cape Seal
County Limits
0 0.25 0.5 1 1.5 2
Miles
LOCAL STREET RESURFACING PROGRAM FY 2024-25 SB1 -
CAPE SEAL, PROJECT NO. WD25003

ATTACHMENT A
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE28-24,

APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE LOCAL STREET RESURFACING
PROGRAM FY 2024-25 SB1 – CAPE SEAL, PROJECT NO. WD25003 On June 13, 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 Fiscal Year (FY) 2024-25 SB1 – Cape Seal, Project No. WD25003; and The project will apply a cape seal treatment to approximately five centerline miles of various residential roadways citywide; and
VSS International, Inc. is the lowest responsive bidder in the amount of $892,298.00, 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. NOE28-24 under the CEQA for the Local Street Resurfacing Program FY 2024-25 SB1 – Cape Seal, Project No. WD25003, 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 2024-25 SB1 – Cape Seal, Project No. WD25003.

3. The City Council awards a Construction Contract between the City of Stockton and VSS International, Inc. in the amount of $892,298.00, 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 24-25 SB1 – CAPE SEAL, Project No. WD25003 CEQA Exemption File No.: NOE 28-24
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton’s Public Works Department will cape seal various locations Citywide. 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(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 VSS INTERNATIONAL, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 3785 CHANNEL DRIVE, WEST SACRAMENTO, CA 95691, 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 2024-25 SB1 – CAPE SEAL (PROJECT NO.

WD25003), 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 $892,298.00, 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 62 ends

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.

Page 2 of 62 ends

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 35 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 FOUR THOUSAND AND NO/100 DOLLARS ($4,000.00) 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 the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond EXHIBIT 2

Page 3 of 62 ends

the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.

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

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

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.

EXHIBIT 2 Page 4 of 62
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work. ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.

EXHIBIT 2

Page 5 of 62 ends

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. COMMUNITY WORKFORCE TRAINING AGREEMENT
Pursuant to the implementation of the Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of CWTA. For any project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and no separate compliance with Section 3.68.095 will be required of the Contractors/Employers working on the project (EXHIBIT D). g. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

CITY agrees:

EXHIBIT 2

Page 6 of 62 ends

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

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

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

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

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 EXHIBIT 2

Page 7 of 62 ends

such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement.

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

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

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: __________ _
By: ____________ _
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

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

HARRY BLACK

CITY MANAGER
Tax Identification No.

Local Construction Contract- VSS INTERNATIONAL, INC. - PROJECT NO. WD25003 (Updated 10/18/23) EXHIBIT 2 Page 8 of 62
LOCAL STREET RESURFACING PROGRAM FY 2024-25 SB1 - CAPE SEAL PROJECT NO. WD25003

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

Item Description Unit Quantity Unit price Total Price
1 Mobilization LS 1 $35,450.000 $35,450.00
2 Traffic Control System LS 1 $37,655.000 $37,655.00
3 Water Pollution Control LS 1 $1,391.000 $1,391.00
4 Removal Existing Pavement Stripings, LS 1 $28,355.00 Markings, and Legends $28,355.000 5 Install Detail 2 Striping Per MUTCD LF 600 $2.140 $1,284.00 6 Install Detail 9 Striping Per MUTCD LF 2,400 $2.140 $5,136.00 7 Install Detail 22 Striping Per MUTCD LF 3,200 $4.280 $13,696.00 8 Install 27B Striping Per MUTCD LF 2,500 $2.680 $6,700.00 9 Install Detail 27M Striping Per MUTCD LF 200 $2.680 $536.00 10 Install Detail 37B Striping Per MUTCD LF 200 $3.750 $750.00 11 Install Detail 38 Striping Per MUTCD LF 300 $3.750 $1,125.00 12 Install White Thermoplastic (All Pavement SF 900 $10.700 $9,630.00 Legends)
13 Install Yellow Thermoplastic (All Pavement SF 100 Legends) $10.700 $1,070.00 Bid Forms Last Revised 12/31/20
EXHIBIT 2 Page 9 of 62
Item
14 15
Description Unit Quantity Unit price
Slurry Seal (Type II) SY 108,000
Asphalt Rubber Chip Seal SY 108,000
TOTAL BID $892,298.QQ
$2.310
$4.630
Total Price
$249,480.00
$500,040.00
VSS International, Inc.

BIDDER'S NAME. ____________ _
Bid Forms Last Revised 12/31/20
EXHIBIT 2 Page 10 of 62
Active
6/13/24, 12:43�ation Number
1000001231
Registration effective date
07/01/22
Registration expiration date
06/30/25
Mailing Address
3785 CHANNEL DRIVE WEST SACRAMENTO 95691 C...

Physical Address
3785 CHANNEL DRIVE WEST SACRAMENTO 95691 C...

Email Address
[email protected]
Trade Name/DBA

VSS INTERNATIONAL
License Number (s)
CSLB:293727
Legal Entity Information
Corporation Entity Number:

President Name:

Vice President Name:

Treasurer Name:

Secretary Name:

CEO Name:

Ag� for Service:

Agent of Service Name:
09/09/14
07/01/19
07/01/22
C0741255

JEFFREY REED

JEFF ROBERTS

JORDAN REED

JEFFREY REED

JEFF ROBERTS
06/30/16
06/30/15
06/30/22
06/30/25
Agent of Service Mailing Address: 3785 CHANNEL DRIVE WEST SACRAMENTO 95691 CA United States of Ar Worker's Compensation
Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current worker's compensation insurance information below:

PEO PEO PEO
PEO lnformationName Phone Email
Self Insured
Workers' Compensation Cert/Policy Number:

Workers' Compensation Certification Date:
https
:1/cadir.my.salesforce-sites.com/ContractorSearch/registrationSearchDetails?id=a 1 Rt00000048rgTEAQ 2106-C
08/01/88
1/1
EXHIBIT 2 Page 11 of 62
6/13/24, 12:43 PM Registrations
Contractor Information Registration History
Legal Entity Name

CHRISP COMPANY
Legal Entity Type
Corporation
Effective Date Expiration Date
Status
Active
Registration Number
1000000306
Registration effective date
07/01/22
Registration expiration date
06/30/25
Malling Address
43650 OSGOOD ROAD FREMONT 94539 CA United ...

Physical Address
43650 OSGOOD ROAD FREMONT 94539 CA United ...

Email Address
jhanson@chr'1spco.com
Trade Name/OBA

CHRISP COMPANY
License Number (s)
CSLB:374600
CSLB:374600
Legal Entity Information
Corporation Entity Number:

President Name:

Vice President Name:

Treasurer Name:

Secretary Name:

CEO Name:
&J.e.a.QI for Service·
Agent of Service Name:
06/11/18
05/09/17
05/12/16
06/12/15
07/10/14
07/01/19
07/01/22
C0908398
Robert Chrisp
Jake Chrisp
Robert Bilotti
Robert Bilotti
06/30/19
06/30/18
06/30/17
06/30/16
06/30/15
06/30/22
06/30/25
Agent of Service Mailing Address: 43650 Osgood Rd Fremont 94539 CA United States of America Worker's Compensation
Do you lease employees through Professional Employer Organization (PEO)?:

Please provide your current worker's compensation insurance information below:

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

Insurance Carrier:

Policy Number:

Inception date:

Expiration Date:

Phone Email
https://cadir.my.salesforce-sites.com/ContractorSearch/registrationSearchDetails?id=a1Rt00000048zksEAA No

CHRISP COMPANY
ARTHUR J. GALLAGHER & COMPANY
100 0004442
12/01/23
12/01/24
1/1
EXHIBIT 2 Page 12 of 62
REV 2024-03-25
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 $2,000,000 per accident for bodily injury and property damage.

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

4. Surety Bonds as described below.

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

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by EXHIBIT 2 Page 13 of 62
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:

EXHIBIT 2 Page 14 of 62

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 2 Page 15 of 62
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 2 Page 16 of 62
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 2 Page 17 of 62
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 2 Page 18 of 62
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 2 Page 19 of 62
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 2 Page 20 of 62
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 2 Page 21 of 62
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 2 Page 22 of 62
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 2 Page 23 of 62
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 2 Page 24 of 62
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 2 Page 25 of 62
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 2 Page 26 of 62
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 2 Page 27 of 62
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 2 Page 28 of 62
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 2 Page 29 of 62

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 2 Page 30 of 62

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
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BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

EXHIBIT D
Bond:#30221364
Premium: $2,677.00
That we, VSS INTERNATIONAL. INC. a STATE OF CALIFORNIA
CORPORATION, as Principal and Western Surety Company
organized and existing under the laws of the State of South Dakota a corporation,
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 EIGHT HUNDRED NINETY-TWO THOUSAND TWO HUNDRED NINETY-EIGHT AND xx/100 DOLLARS ($892,298.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

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

LOCAL STREET RESURFACING PROGRAM FY 2024-25 SB1 - CAPE SEAL PROJECT NO. WD25003
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

Page 53 of 62 ends

provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on Jul
y
·---3, -------- 2024 -----
vss International, Inc.

APPROVED AS TO SURETY: By:--------\-....:.....-_...:�-

EXHIBIT D
Jelflt�&J�tL enior Vice President
Western Surety Company
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By: _________ _
B
y�EY-1�
Doreen Green

DEPUTY CITY ATTORNEY
EXHIBIT 2 Page 54 of 62

CALIFORNIA NOTARY ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Yolo
On July 08, 2024 before me, Laura Wicklander, Notary Public (insert name and title of the officer), personally appeared Jeff Roberts who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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��• (Seal)
eeoooooo
, LAURA WICKLANDER �
Notary Public - Cilifor�ia z
Yolo County �
Commission 4 2379737 �
y Comm. Expires Oct 23. 2025
EXHIBIT 2

Page 55 of 62 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
of Ventur
a
Here Insert Name and Title of the Officer
personally appeared ______ D_o_r_e_e_n
_G_r_e_e_n _________________ _
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person� whose name(� ls/.ara. subscribed to the within instrument and acknowledged to me that Ae/she/U:iey- executed the same in his/her/H1eif authorized capacity�es), and that by l:lie/her/tt-le+F-signature(:r) on the instrument the person(IJI,), or the entity upon behalf of which the person�) acted, executed the instrument. ........ l NANCY ALICIA SHIFFER
Notary Public • California :

Ventura County s
Commission /I 2 3 l S-400 • ••
y Comm. Expires Oct t 3, 2024
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

Signature
---------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: __ __,_n.,_,o""'n....,e "'--------
Capacity(les) Claimed by Signer(s)
Signer's Name: Doreen Green
D Corporate Officer - Title(s): ______ _
D Partner - D Limited D General
D Individual IRl Attorney in Fact
D Trustee □ Guardian or Conservator
D Other: _____________ _
Signer Is Representing: _________ _
Signer's Name: ___ ____:.n.:.:./-=a'---------
0 Corporate Officer - Title(s): ______ _
D Partner - □ Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
□ Other: _____________ _
Signer Is Representing: ________ _
©2014 National Notary Association• www.NalionalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT 2

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Western Surety Company

POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint
Doreen Green, Individually
of Oxnard, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatmy 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 By-Law printed on the reverse hereof, 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 19th day of August, 2022.

State of South Dakota
County of Minnehaha

WESTERN SURETY COMPANY
&�-1:;.flat, Vice President
On this 19th day of August, 2022, before me personally came Paul T. Bruflat, 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 the 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
• ................................................ t
j M. BENT { j�NOTARY PUBLlC�j f�SOUTH DAKOTA�:
+ .............................................. ♦
M. Bent, Notary Public

CERTIFICATE
l, L. Nelson, 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 of the corporation printed on the reverse hereof is still in force. In testimony whercofl have hereunto subscribed my name and affixed the seal of the said corporation this 3rd day of July, 2024.

WESTERN SURETY COMPANY
Form F4280-7-2012
Go to www.cnasurety.com >Owner/ Obligee Services> Validate Bond Coverage, if you want to verify bond authenticity.

EXHIBIT 2

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

EXHIBIT2

EXHIBIT D
Bond:#30221364
Premium:included in performance
That we, VSS INTERNATIONAL, INC. , a 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

EIGHT HUNDRED NINETY-TWO THOUSAND TWO HUNDRED NINETY-EIGHT AND xx/100 DOLLARS ($892,298.00), 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 2024-25 SB1 - CAPE SEAL PROJECT NO. WD25003
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 this bond will pay the same, in an amount not exceeding the sum specified in this bond,

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EXHIBIT D
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 ___ J_ul.;_y_3_, 2_0_2_4 _________ __,_ VSS International, Inc.

APPROVED AS TO SURETY: By: _____ �--4-----
Jeff Robe
Western Surety Company
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

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

DEPUTY CITY ATTORNEY
EXHIBIT 2 Page 59 of 62

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 �' (Seal)
········� • LAURA WICKLA,'lDER
Notuy PLlblic • Ciiifor1ii :

Yolo co�nty �
Commission, 2379737 -
y Comm. Expires Oct 23. 2025
EXHIBIT 2

Page 60 of 62 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
Cou�
ty f Ventura
On 'f' � � befo,e me, Nancy Alicia Shiffer, Notary Public "ate Here Insert Name and Title of the Officer
personally appeared Doreen Green
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(,{) whose name(� ls/.ar.e. subscribed to the within instrument and acknowledged to me that Ae/she/tl=ley- executed the same in his/her/.theif authorized capacity�eej, and that by l:lia/her/tfle+F-signature(,:) on the instrument the person(,), or the entity upon behalf of which the person�) acted, executed the instrument. - ....... .

NANCY ALICIA SHIFFER f
Notary Publlc • Callfornl.a
Ventura County ! Commission 112335400 ·-
Y Comm. Expires Oct 13, 2024
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
----------------OPTIONAL ______________ _
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: __ __,_,n""o"-n'-"e,__ ______ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: Doreen Green
D Corporate Officer - Title(s): ______ _
D Partner - D Limited D General
D Individual lfil Attorney in Fact
D Trustee D Guardian or Conservator
D Other: _____________ _
Signer Is Representing: _________ _
Signer's Name: ------'-n-"-/-=a'------------
0 Corporate Officer - Title(s): ______ _
D Partner - D Limited D General
D Individual D Attorney In Fact
D Trustee D Guardian or Conservator
D Other: ______________ _
Signer Is Representing: ________ _
©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT 2

Page 61 of 62 ends

Western Surety Company

POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These P,·esents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint
Doreen Green, Individually
of Oxnard, CA, its true and lawful Attomey(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 By-Law printed on the reverse hereof, 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 011 this 19th day of August, 2022.

State of South Dakota
County of Minnehaha

WESTERN SURETY COMPANY
On this 19th day of August, 2022, before me personally came Paul T. Bruflat, 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 the 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
............... .. ...... t
j M. BENT j f�NOTARY PUBLIC�j j�SOUTH DAKOTA�j
+,,., .......................................... ♦

CERTIFICATE
M. Bent, Notary Public
I, L. Nelson, 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 of the corporation printed on the reverse hereof is still in force. In testimony whereof! have hereunto subscribed my name and affixed the seal of the said corporation this 3rd day of July, 2024.

WESTERN SURETY COMPANY
Fonn F4280-7-2012
Go to www.cnasurety.com >Owner/ Obligee Services> Validate Bond Coverage, if you want to verify bond authenticity.

EXHIBIT 2

Page 62 of 62 ends

City of Stockton
Legislation Text
File #: 24-0737, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE CITY STREET RE-STRIPING FY 2023-24 SB1

PROJECT

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

1. Approve Notice of Exemption No. NOE24-24 under the California Environmental Quality Act for the City Street Re-Striping FY 2023-24 SB1, Project No. WD24009.

2. Approve the plans and specifications for the City Street Re-Striping FY 2023-24 SB1, Project No. WD24009.

3. Transfer funds in the amount of $100,000 from the Local Streets Resurfacing Program FY 2023-2024 SB1, Project No. WD24003, to the City Street Re-Striping FY 2023-24 SB1, Project No. WD24009.

4. Award a Construction Contract in the amount of $370,010 to WGJ Enterprises, Inc. DBA PCI of Azusa, CA, for the City Street Re-Striping FY 2023-24 SB1, Project No. WD24009.

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 re-stripe 48 intersections citywide and six centerline miles of arterial and collector roads and includes lane line striping (Attachment A). The improvements include refreshing crosswalks, limit lines, pavement legends that are worn, and modification of striping and traffic signs.

The project was included in the 2023-28 Five-Year Capital Improvement Plan (CIP).

On June 6, 2024, the City received two bids for this project. Staff recommends award of the Construction Contract to the lower responsive bidder, WGJ Enterprises, Inc. DBA PCI, in the amount of $370,010. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE24-24 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project.

Construction is anticipated to begin in fall 2024 and be completed by winter 2024, weather permitting.

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File #: 24-0737, Version: 1

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.

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. An estimated $7.9 million in SB1 RMRA Program funding was allocated to the City for Fiscal Year (FY) 2023-24, and the project list was approved by Council on May 2, 2023, by Resolution No. 2023-05-02-1211.

The City Street Re-Striping FY 2023-24 SB1 project was included in the 2023-28 Five-Year CIP. The project will re-stripe 48 intersections citywide and six centerline miles of arterial and collector roads citywide (Attachment A). The improvements include lane line striping, refreshing crosswalks, limit lines, and pavement legends that are worn. Existing worn traffic stripes and markings will be primed, and a new coat of thermoplastic material will be applied. Thermoplastic comprises plastic, binders, and glass beads to provide durability and retro-reflectivity to aid nighttime driving. The application is anticipated to last approximately five years. The project also includes the modification of some striping configurations and traffic signs. The selection criteria for this project was developed through visual inspection of the roads, existing work orders, and citizen requests.

Present Situation
On May 14, 2024, the City Street Re-Striping FY 2023-24 SB1, Project No. WD24009, was advertised for bids. On June 6, 2024, two bids were received with the following results:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
WGJ Enterprises, Inc. DBA PCI (Azusa, CA) $370,010.00 $370,010.00 Chrisp Company (Stockton, CA) $565,590.00 $554,278.20
Engineer’s Estimate $365,882.50
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File #: 24-0737, Version: 1
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Chrisp Company is located within the San Joaquin County limits and is entitled to a two percent bid preference. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this project.

The bid from WGJ Enterprises, Inc. DBA PCI, the lower 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 WGJ Enterprises, Inc. DBA PCI of Azusa, CA, in the amount of $370,010.

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. NOE24-24 under CEQA. Construction is anticipated to begin in fall 2024 and be completed by winter 2024, weather permitting.

FINANCIAL SUMMARY
With the transfer of funds in the amount of $100,000 from the Local Streets Resurfacing Program FY 2023-24 SB1, Project No. WD24003, to the City Street Re-Striping FY 2023-24 SB1, Project No.

WD24009, there will be sufficient funding to award a Construction Contract to WGJ Enterprises, Inc.

DBA PCI, of Azusa, CA, in the amount of $370,010.

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
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CITY STREET RE-STRIPING FY 2023-24 SB1,
PROJECT NO. WD24009

HOWARD RD
Legend
-- LaneLine
O Locations
0 0.375 0.75 3 -=-::::,----=====----•Miles

1.5 2.25

HOWARD RD

ATTACHMENT A
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE24-24,

APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A
CONSTRUCTION CONTRACT FOR THE CITY STREET RE-STRIPING FY 2023-24 SB1, PROJECT NO. WD24009
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 City Street Re-Striping FY 2023-24 SB1, Project No. WD24009; and
The project will re-stripe 48 intersections citywide and six centerline miles of arterial and collector roads citywide. The improvements include lane line striping, refreshing crosswalks, limit lines, and pavement legends that are worn, and modification of striping and traffic signs; and
WGJ Enterprises, Inc. DBA PCI is the lowest responsive bidder in the amount of $370,010, 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. NOE24-24 under the CEQA for the City Street Re-Striping FY 2023-24 SB1, Project No. WD24009, 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 City Street Re-Striping FY 2023-24 SB1, Project No. WD24009.

3. The City Council approves the transfer of funds in the amount of $100,000 from the Local Streets Resurfacing Program FY 2023-2024 SB1, Project No. WD24003, to the City Street Re-Striping FY 2023-24 SB1, Project No. WD24009.

4. The City Council awards a Construction Contract between the City of Stockton and WGJ Enterprises, Inc. DBA PCI, in the amount of $370,010, 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.

5. 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

CITY OF STOCKTON

PROJECT DATA
Project Title: CITY STREET RESTRIPING FY 2023-24 SB1, PROJECT NO. WD24009 CEQA Exemption File No.: NOE 24-24
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton’s Public Works Department will be re-striping worn traffic striping along arterial and collector streets in Stockton. This project also includes modifications of striping and traffic signs in requested areas. 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.

CHAD REED, DIRECTOR June 5, 2024

PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By
Cesar Lopez-Garcia, Project Manager (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between WGJ ENTERPRISES, INC. DBA PCI, a STATE OF CALIFORNIA CORPORATION, with a business address at 975 W 1ST STREET, AZUSA, CA 91702, 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 CITY STREET RESTRIPING FY 2023-24 SB1, PROJECT NO. WD24009, 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 $370,010.00 or as otherwise mutually agreed to in a Contract Change Order.

EXHIBIT 2

Page 1 of 36 ends

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 36
insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

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

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

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

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 40 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 TWO HUNDRED AND NO/100 DOLLARS ($3,200.00) 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, EXHIBIT 2 Page 3 of 36
assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

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

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

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

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

EXHIBIT 2 Page 4 of 36
b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy Exhibit C. The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage 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 EXHIBIT 2 Page 5 of 36
chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.

e. LOCAL EMPLOYMENT ORDINANCE
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 EXHIBIT 2 Page 6 of 36
Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

CITY agrees:

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

11. AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR EXHIBIT 2 Page 7 of 36

CITY STREET RE-STRIPING FY 2023-24 581
WD24009

BIDDI NG 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 Description Unit Quantity
1 Mobilization LS 1
2 Traffic Control LS 1

RE-STRIPING QUANTITIE S
3 Striping Preparation Work LS 1
4 Install Striping Detail 2 LF 5,950
5 Install Striping Detail 6 LF 400
6 Install Striping Detail 9 LF 29,200
7 Install Striping Detail 12 LF 7,800
8 Install Striping Detail 22 LF 28,300
9 Install Striping Detail 25A LF 6,800
10 Install Striping Detail 27B LF 28,700
11 Install Striping Detail 27C LF 1,100
12 Install Striping Detail 27M LF 7,700
Bid Forms
Unit price
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Last Revised 03/05/2024
EXHIBIT 2 Page 9 of 36 EXHIBIT A
Item
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 Bid Forms
Description Unit Quantity
Install Striping Detail 29 LF 5,500
Install Striping Detail 32 LF 1,300
Install Striping Detail 37 LF 350
Install Striping Detail 38/38A LF 8,300
Install Striping Detail 40 LF 1,300
Install White Thermoplastic
(Arrows, Crosswalks, and All SF 18,300
Pavement Legends)
Install Yellow Thermoplastic
(Arrows, Crosswalks, and All SF 3,100
Pavement Legends)
Install Yellow Triple Four Crosswalk LF 100
Install Triple Four Crosswalk LF 200
Parking T's EA 21
6" Yellow Reflective Paint at Median EA 35 Nose
Unit price
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STRIPING MODIFICATION QUANTITIES
Remove Existing Striping & Markers
(Striping Modification Areas Only) LS 1 / tf25, ooo-�
Install Striping Detail 9 LF 50 rs. � 0 i:2so. oo
Install Striping Detail 22 LF 750 Jl';J. v u 1 I 1500. c:D Install Striping Detail 25A LF 180 1$ /, Ot> ff/'( 0, o 0 Last Revised 03/05/2024
EXHIBIT 2 Page 10 of 36 EXHIBIT A
28 29
30 31
32 33
34 35
36 37
38 39
40 41
Bid Forms
Install Striping Detail 27B LF 1,100 Jo.fa
Install Striping Detail 29 LF 200 f! 5. ex)
Install Striping Detail 32 LF 330 .163. :;u
Install Striping Detail 37/37B LF 300 Jf (. Qb
Install Striping Detail 38 LF 650 II/. oo
Install Striping Detail 40 LF 230 i'f. OD
Install White Thermoplastic
(Arrows, Crosswalks, and All SF 2,800 1f 0 - 3$ Pavement Legends) Install Yellow Thermoplastic
(Arrows, Crosswalks, and All SF 900
Pavement LeQends) ff LI, -5 ()
Remove Roadside Traffic Sign EA 4 �Joo.vu
Relocate Roadside Sign EA 3 51so. co
Install Roadside Sign EA 19 ljf 3'95� �o
Install Yellow Markers LF 240 [t';z.o-c
Install Yellow Crosshc;1tch LF 35 tf<{. oD
6" Yellow Reflective Paint at Median EA 7 !J' 5';0. vO Nose TOTAL BID ti � 10, o/o, ob
BIDDER'S NAME WGJ Enterprises Inc., dba PCI
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EXHIBIT 2 Page 11 of 36 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) □
□
□
IB]
Cash, or
Cashier's check, or
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. List of Subcontractors 4. Title VI Self-Certification

2. Non-Collusion Declaration 5. Local Employment Ordinance Acknowledgement

3. DIR Self-Certification 6. Local Business Preference Acknowledgement

THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS
WGJ Enterprises Inc., dba PCI
Name of Firm
975 W 1st Street,
Address
415490 C-32
Contractor Lie. No. & Classification
562-218-0504
Phone
Azusa
City
CA
State
71-0912317
Tax I.D. No.
91702
Zip
7/31/2025
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 (}� � BIDDER SIGN _)(_Q �J--a=---- ¢::: HERE President/Owner Signature
Bid Forms Last Revised 03/05/2024
EXHIBIT 2 Page 12 of 36 EXHIBIT A
l, cica STA¥t�111it�t,ARD �.. ·.• 1 • •. ..... _.;,�.;,.,. ACTIVE LICJ;NS[; • """''"""W415490 ,....,, CORP
.....,..,.,..... WGJ ENrERF>RISES INC O�A PCI
...... ltnllott 07/31/2025
EXHIBIT 2 Page 13 of 36 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 14 of 36 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 2 Page 15 of 36 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 16 of 36 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 17 of 36 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 18 of 36 EXHIBIT B
EXHIBIT 2 Page 19 of 36 EXHIBIT C
EXHIBIT 2 Page 20 of 36 EXHIBIT C
EXHIBIT 2 Page 21 of 36 EXHIBIT C
EXHIBIT 2 Page 22 of 36 EXHIBIT C
EXHIBIT 2 Page 23 of 36 EXHIBIT C
EXHIBIT 2 Page 24 of 36 EXHIBIT C
EXHIBIT 2 Page 25 of 36 EXHIBIT C
EXHIBIT 2 Page 26 of 36 EXHIBIT C
EXHIBIT 2 Page 27 of 36 EXHIBIT C
EXHIBIT 2 Page 28 of 36 EXHIBIT C
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EXHIBIT 2 Page 30 of 36 EXHIBIT C
EXHIBIT 2 Page 31 of 36 EXHIBIT C
EXHIBIT 2 Page 32 of 36 EXHIBIT C

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, WGJ ENTERPRISES, INC. DBA PCI, a (STATE OF CALIFORNIA CORPORATION), as Principal and , a
corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of THREE HUNDRED SEVENTY THOUSAND TEN AND 00/100 DOLLARS ($370,010.00), 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:

CITY STREET RE-STRIPING FY 2023-24 SB1
(PROJECT NO. WD24009)
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 33 of 36
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 34 of 36

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

That we, WGJ ENTERPRISES, INC. DBA PCI a INDICATE STATUS: STATE OF CALIFORNIA CORPORATION, as Principal and ,
corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of THREE HUNDRED SEVENTY THOUSAND TEN AND 00/100 DOLLARS ($370,010.00), 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.

CITY STREET RE-STRIPING FY 2023-24 SB1
(PROJECT NO. WD24009)
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 35 of 36 ends

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

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 36 of 36
City of Stockton
Legislation Text
File #: 24-0740, Version: 1

APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE GREATER

DOWNTOWN BIKE AND PEDESTRIAN CONNECTIVITY PROJECT

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

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

2. Award a Professional Services Contract to Willdan Engineering, Inc. of Elk Grove, CA, in the amount of $244,787.81 for design of the Greater Downtown Bike and Pedestrian Connectivity, Project No. WT22051/ATPSB1L-5008(200).

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

Summary
The Greater Downtown Bike and Pedestrian Connectivity, Project No. WT22051/ATPSB1L-5008 (200), will make improvements along Lincoln, Rose, Aurora, Lindsay, Grant, Channel, and Fifth Streets (Attachment A). The project will add Rectangular Rapid Flashing Beacons (RRFBs), reconstruct curb ramps to Americans with Disabilities Act (ADA) standards, install/enhance high visibility crosswalks, signal timing and pedestrian improvements, add bicycle detection at signalized intersections, and install new signage. Primary funding for this project is from the Active Transportation Program (ATP) State grant funds and was included in the 2021-26 Five-Year Capital Improvement Plan (CIP).

On January 19, 2024, the City advertised a Request for Proposals (RFP) for design of the Greater Downtown Bike and Pedestrian Connectivity project. On February 16, 2024, one firm submitted a proposal for this project. The Selection Committee evaluated the proposal and found Willdan Engineering, Inc. of Elk Grove, CA, to be well qualified to perform the scope of work for design services on this project.

It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract, in the amount of $244,787.81, with Willdan Engineering, Inc. for design services. It is anticipated that the design will be completed by December 2025. The project will then be advertised for construction, with overall project completion anticipated by the end of 2026.

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File #: 24-0740, Version: 1

DISCUSSION
Background
The ATP is a State grant program created in 2013 by Senate Bill 99 and Assembly Bill 101. There are statewide and regional competitive levels of funding. Statewide competitive funds are administered by Caltrans, while the San Joaquin Council of Governments administers the regional competitive funds. ATP projects go through the California Transportation Commission (CTC) for program approval.

Federal and State ATP funds are available for transportation projects that encourage increased use of active modes of transportation, such as walking and bicycling. In 2020, Public Works submitted the Greater Downtown Bike and Pedestrian Connectivity project grant application for the ATP Cycle 5 program. The City was awarded $1,747,540 of ATP State funds for the Greater Downtown Bike and Pedestrian Connectivity project. Measure K and Public Facility Fee Air Quality funds will be used for the required local match. The project was identified in the Greater Downtown Stockton Active Transportation Plan, Project No. PW1601, and was included in the 2021-26 Five-Year CIP.

The Greater Downtown Bike and Pedestrian Connectivity, Project No. WT22051/ATPSB1L-5008 (200), will make improvements along Lincoln, Rose, Aurora, Lindsay, Grant, Channel, and Fifth Streets (Attachment A). Project improvements consist of adding RRFBs, reconstructing curb ramps to ADA standards, installing/enhancing high visibility crosswalks, improving pedestrian signal timing, adding bicycle detection at signalized intersections, and installing new signs within the aforementioned project limits to meet the current Public Right of Way Accessibility Guidelines.

The ATP grant program requires the State-funded project to obtain California Environmental Quality Act (CEQA) clearance prior to starting final design. On April 18, 2023, by Resolution No. 2023-04-18- 1208, Council approved the filing of Notice of Exemption No. NOE04-23 under CEQA for the Greater Downtown Bike and Pedestrian Connectivity, Project No. WT22051/ATPSB1L-5008(200).

In June 2023, the CTC approved funding allocation for the Project Specifications and Estimate phase.

Present Situation
On January 19, 2024, the City advertised an RFP for design of the Greater Downtown Bike and Pedestrian Connectivity, Project No. WT22051/ATPSB1L-5008(200). On February 16, 2024, one proposal was received from Willdan Engineering, Inc. of Elk Grove, CA.

The Selection Committee evaluated the proposal based on the firm’s understanding of work, experience with similar types of work, quality of staff and capability of developing innovative or advanced technical solutions, familiarity with State procedure, financial responsibility, and demonstrated technical ability.

Willdan Engineering, Inc. was found to be well qualified to perform the scope of work for design services on this project. Caltrans administers the ATP funding and requires their concurrence in contracting when only one proposal is received. Caltrans has reviewed the solicitation details and has approved proceeding with Willdan Engineering, Inc. on design of the project.

City of Stockton Page 2 of 3 Printed on 8/16/2024
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File #: 24-0740, Version: 1
Staff negotiated a fee in the amount of $244,787.81 with Willdan Engineering, Inc. for design services. The fee is approximately 14 percent of the estimated construction cost, which is fair and reasonable for a project of this size and complexity.

It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract in the amount of $244,787.81 to Willdan Engineering, Inc. for design services of the Greater Downtown Bike and Pedestrian Connectivity project.

It is anticipated that the design will be completed by December 2025. The project will then be advertised for construction, with overall project completion anticipated by the end of 2026.

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

1. The City does not have adequate staffing available to design this project.

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

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

FINANCIAL SUMMARY
There is sufficient funding available in the Greater Downtown Bike and Pedestrian Connectivity, Project No. WT22051/ATPSB1L-5008(200), to award a Professional Services Contract in the amount of $244,787.81 to Willdan Engineering, Inc. of Elk Grove, CA, for the Greater Downtown Bike and Pedestrian Connectivity, Project No. WT22051/ATPSB1L-5008(200).

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

Attachment A - Project Location and Improvements Maps
Attachment B - Professional Services Contract with Willdan Engineering, Inc.

City of Stockton Page 3 of 3 Printed on 8/16/2024
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ATTACHMENT A
Haggin
Museum Dameron
Hospital
TeenImpactCenter
WorkNetCenter
St. Mary's Homeless Shelter
Calworks
Employment
Services
Children's Museum of Stockton
SJC BehavioralHealth Services
4Ã
5 ¥
Fillmore
Elementary El Dorado Elementary
School For Adults
Pittman
Charter
Victory
Elementary
King
Elementary
Frederick Chs
Weber
Inst/Rodgers Vlc
Alex G Spanos
Elementary
Hazelton
Elementary
Edison High
School
Merlo Inst
Of Env Tech
Dolores
Huerta
Elementary
Grant Young
Adult Program
Fremont Es /
Lopez Program
Hamilton Es
/ Urbani Ild
/ Fong Ild
Stockton Intermediate
Alternative School (4-8)
Early College
Academy/Vine
St Campus
Aspire Rosa
Parks Academy
(Charter)
Dr Lewis D
Stallworth
Charter
Stockton
Collegiate Intl
Elem Charter Team
Charter
School
Health
Careers
Acacemy
Aspire Apex
Academy One Bla
Charter
One.New Start One.Vision
One.Choice
One.Success
Anunciation School

MIDDLEFIELD AV

AURORA ST

WILSON WY

MARKET ST

MYRTLE ST

CENTER ST

PILGRIM ST

SIERRA NEVADA ST

AIRPORT WY

MAIN ST

HAZELTON AV

SONORA ST

WEBER AV

M NI ER AV
OAK ST

ANDERSON ST

WEBER AV

LINDSAY ST

PARK ST

STANISLAUS ST

LAFAYETTE ST

ONSERF VA

FILBERT ST

EL DORADO ST

LINCOLN ST

SAN JOAQUIN ST

CALIFORNIA ST

SUTTER ST

DR MART NI LUTHER K NI G JR BL

MAIN ST

SCOTTS AV

GOLDEN GATE AV

FREMONT ST

SOLARI AV

EIGHTH ST

HAZELTON AV

TUXEDO S AV

FREMONT ST

FLORA ST

SCOTTS AV

MARIPOSA RD

COURT ST

ROOSEVELT ST
F ST

SHASTA AV

LEARNED AV

CHURCH ST

MILTON ST

UNION ST

WATERLOO RD

YOSEMITE ST

HALL AV
ASH ST
E ST

PERSHING AV
D ST

COMMERCE ST

BUENA VISTA AV

HARDING WY

POCK LN

CHANNEL ST

P ICARDY DR

LAUREL ST

SAN JOSE ST
C ST

FLORA ST BAKER ST

FIRST ST

WIZARD AV

ROSE ST

HARBOR ST

MCDONELL AV

SIXTH ST

THIRD ST

DAVID AV

WALNUT ST

VENTURA AV
B ST

GARFIELD ST
A ST

PINCHOT ST

LOS ANGELES AV

ANITA ST

HUNTER ST

SIKH TEMPLE ST

SCRIBNER ST
D ST

FOURTH ST

FIFTH ST

JACKSON ST

SECOND ST

JEFFERSON ST

FINLAND AV

MAGNOLIA ST

ACACIA ST

ARGONAUT ST

NAVY DR

DELLA ST

BURKETT AV

MONROE ST
OAK ST

EDISON ST

STOCKTON ST

POPLAR ST

WORTH ST

MARKET ST

ORANGE ST

SEVENTH ST

AMERICAN ST

MARSH ST

YALE AV

ROSELAWN AV

ALMA AV

HARRISON ST

GRANT ST

CLAY ST

MADISON ST

VAN BUREN ST
ELM ST

WASHINGTON ST

SULLIVAN AV

POPLAR ST

WILLOW ST

VINE ST

GRATTAN AV

WINDSOR AV

WATTS AV

TILLIE LEWIS DR

TURNPIKE RD

VERNAL WY

PARK ST

RENDON AV

DIAMOND ST

TAYLOR ST

CHURCH ST

ACACIA ST

SPRING ST

NINTH ST

F EI LD AV
California
State
University
Robert J.Cabral Station

PROJECT AREA
O
Stockton, CA
August 2020.

Data Sources: City of Stockton.

GREATER DOWNTOWNBIKE & PED CONNECTIVITY(LINCOLN/ROSE/AURORA) Bikeway Projects
Class IIB Buffered Bike LaneClass IIIB Bicycle Boulevard Boundaries + Destinations
Rail StationCommunity ResourcesSchoolPark
0½1
LibraryCollege/University
MILES
Planned Bikeways
Class I Shared-Use PathClass II Bicycle LaneClass III Bicycle Route

ATTACHMENT A
Professional Services Contract – Willdan Engineering, Inc. – Greater Downtown Bike & Pedestrian Connectivity, Project No. WT22051 / ATPSB1L-5008(200) (Updated 010/18/23)

PROFESSIONAL SERVICES CONTRACT
(for State funded projects)
THIS CONTRACT is entered into this day of 2024, between the CITY OF STOCKTON, a municipal corporation (“City”), and Willdan Engineering, Inc. whose address is 9281 Office Park Circle, Suite 148, Elk Grove, CA 95758 (“Consultant”) for the Greater Downtown Bike and Pedestrian Connectivity, Project No. WT22051 / ATPSB1L-5008(200), hereinafter referred to as “Project”.

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

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

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

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

2. COMPENSATION. City shall pay Consultant for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this reference. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $244,787.81 or as otherwise mutually agreed to in a Contract Amendment.

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

INDEMNITY AND HOLD HARMLESS. Pursuant to the full language of California Civil Code §2782, design Professional agrees to indemnify, including the cost to defend, City of Stockton and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional and its employees

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Professional Services Contract – Willdan Engineering, Inc. – Greater Downtown Bike & Pedestrian Connectivity, Project No. WT22051 / ATPSB1L-5008(200) (Updated 010/18/23) or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City of Stockton; and does not apply to any passive negligence of the City of Stockton unless caused at least in part by the Design Professional. The City of Stockton agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fault. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

4. SCHEDULE AND TERM. Consultant shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on December 31, 2029, unless extended by mutual agreement through the issuance of a Contract Amendment. a. Invoices submitted by Consultant to City must contain a brief description of work performed, time used and City project number. Payment shall be made within thirty (30) days of approval of invoice by City. b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. City shall have no obligation or liability to pay any invoice for work performed which Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.

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

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Professional Services Contract – Willdan Engineering, Inc. – Greater Downtown Bike & Pedestrian Connectivity, Project No. WT22051 / ATPSB1L-5008(200) (Updated 010/18/23) to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace. c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=L AB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE RATES
Consultant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.

The Consultant shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant shall reimburse the City the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to City the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or

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Professional Services Contract – Willdan Engineering, Inc. – Greater Downtown Bike & Pedestrian Connectivity, Project No. WT22051 / ATPSB1L-5008(200) (Updated 010/18/23) mechanic employed by Consultant, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. PAYROLL RECORDS The Consultant to whom the contract is awarded shall ensure that the prime and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records.

A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTICESHIP STANDARDS The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. APPENDIX E OF THE TITLE VI ASSURANCES
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with Appendix E of the Title VI Assurances attached as Exhibit F.
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.

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

7. OBLIGATIONS OF CONSULTANT. Throughout the term of this Contract, Consultant represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the Consultant to practice its professions, and

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Professional Services Contract – Willdan Engineering, Inc. – Greater Downtown Bike & Pedestrian Connectivity, Project No. WT22051 / ATPSB1L-5008(200) (Updated 010/18/23) Consultant shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals. Consultant shall meet with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

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

9. CONTRACT AMENDMENTS. City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant.

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

10. TERMINATION. The City may terminate this Contract upon thirty (30) calendar days written notice to Consultant with the reason for termination stated in the notice. The Contract shall then be deemed terminated and no further work shall be performed by Consultant. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.

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

The Consultant shall be responsible for the work of subcontractors, which shall be subject

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Professional Services Contract – Willdan Engineering, Inc. – Greater Downtown Bike & Pedestrian Connectivity, Project No. WT22051 / ATPSB1L-5008(200) (Updated 010/18/23) to the provisions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contract any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any contention by any third party that employer-employee relationship exists by reason of this Contract.

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

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

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

To Consultant: To City:

Willdan Engineering, Inc. Public Works Director
9281 Office Park Circle City of Stockton
Suite 148 22 E. Weber Ave., Rm. 301
Elk Grove, CA 95758 Stockton, CA 95202

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

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

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Professional Services Contract – Willdan Engineering, Inc. – Greater Downtown Bike & Pedestrian Connectivity, Project No. WT22051 / ATPSB1L-5008(200) (Updated 010/18/23) Consultant agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant agrees to provide City or its delegate with any relevant information requested and shall permit City or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract. Consultant agrees to maintain such records for a period of three years from the date that final payment is made.

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

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

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

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

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

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

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

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

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

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

CITY OF STOCKTON
B
y
: _____________

HARRY BLACK

CITY MANAGER
ATTEST:

B
y
: _____________
KATHERINE D. ROLAND, CMC, CPMC

INTERIM CITY CLERK
APPROVED AS TO FORM:

B
y
: _____________

DEPUTY CITY ATTORNEY
WILLDA�NG, INC.

B
y
:_�___,._-==;;___ _________

SIGNATURE
Jeffrey Lau, PE, TE, ENV SP

PRINT NAME
Deputy Director of Engineering
TITLE

ATTACHMENT B
Professional Services Contract – Willdan Engineering, Inc. – Greater Downtown Bike & Pedestrian Connectivity, Project No. WT22051 / ATPSB1L-5008(200) (Updated 010/18/23)

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Proposal for Greater Downtown Bike and Pedestrian Connectivity City Project No. WT22051 / ATPSB1L-5008(200) 11

5. Project Understanding
Willdan understands the City of Stockton is seeking proposals from qualified consultants to provide engineering design services for the preparation of plans, specifications, and cost estimates (PS&E) for the Greater Downtown Bike and Pedestrian Connectivity Project. The project will construct bicycle facilities and pedestrian improvements including Class II bike lanes, Class III bike boulevards, bicycle detection and leading pedestrian intervals at signals, high visibility crosswalks, wayfinding signage, ADA curb ramps, sidewalk gap closures, rectangular rapid flashing beacons (RRFBs), speed cushion, and slurry seal. The improvements will be implemented along Lincoln Street, Aurora Street, and Rose Street. The objective of the project is to provide bicycle, pedestrian, and traffic calming improvements along important corridors that currently lack proper bicycle and pedestrian facilities to facilitate connectivity in downtown Stockton. The project will also meet Stockton’s goals of improving active transportation connectivity and safety, facilitating multi-modal crossings, and reducing the hazards of modal conflicts.

The project will be funded by the Active Transportation Program (ATP) Cycle 5 Grant.

The following table illustrates the planned improvements required to accomplish the City’s scope of work and goals for this project.

6. Detailed Work Plan
Willdan’s project approach encompasses deliberate and focused communication with regard to schedule maintenance and “active listening” to address client concerns. This practice improves personal relationships, reduces misunderstanding and conflicts, strengthens cooperation and fosters understanding. It is proactive, accountable, and professional. We prefer a “Project First” decision-making style, where every decision weighs on what is in the best interests of the project’s goals, our client’s expectations and those of the project’s stakeholders.

Willdan’s project management approach for providing a high-quality project bid package emphasizes meeting schedule milestones while monitoring and containing project costs, as follows:
▪ Prepare a Work Plan that addresses staffing and assignments, scope of work, deliverables, budget and schedule. The Work Plan provides definitive directions to the project team as agreed to by the City of Stockton. ▪ Develop a Schedule that defines each task needed to meet key milestone dates. Using open dialogue with our team, the City’s project staff, and stakeholders, Willdan will make adjustments, as needed, to meet the project delivery goals. ▪ Conduct project team meetings to facilitate informed discussions and decisions and team consensus on solutions and action items. All team members are kept informed via complete and accurate meeting minutes that highlight decisions, action items, and prompt follow-through.
▪ Consistently use project tracking tools, such as Issues Logs, Decision Logs, monthly progress reports and schedule updates.
▪ Data Collection and Base Map Preparation. Having a comprehensive and accurate base map and verifying field conditions is critical to developing a design that maximizes safety and mobility for pedestrians and cyclists. This includes prompt utility requests to obtain necessary information regarding buried facilities. Other record improvement drawings such as traffic signal, signing and striping, street lighting and street improvement as-builts – together with timing charts, photographs, and field observations will make-up the remainder of the resources used to compile the base mapping. Class II Bike Lanes Class III Bike Boulevard Speed Cushion LPI Signal Timing Bicycle Detection High Visibility Crosswalks Wayfinding Signage RRFBs Slurry SealSidewalk Gap ClosureADA Curb Ramps
Lincoln Street         
Aurora Street       
Rose Street      
EXHIBIT A Page 9 of 64 ATTACHMENT B
Proposal for Greater Downtown Bike and Pedestrian Connectivity City Project No. WT22051 / ATPSB1L-5008(200) 12
▪ Preliminary Engineering and Refinement of Concept Plans. We will solidify the conceptual layout and obtain concurrence from the City on the alignment, schematic design, and cost estimates as soon as possible. ▪ Final Design and PS&E. Willdan's team will begin final design and PS&E as soon as the City concurs with the preliminary engineering.
▪ Services during Construction and As-Built Plans. Our project manager and team leads will be available to the City during the bid and construction phase of work to provide technical assistance as needed to finalize the project.

Scope of Services
Task 1 - Background Research
Records Research. Willdan will obtain available as-built drawings, assessor parcel maps, tract maps, survey data, CAD files, and utility contact information from the City.

Field Review. Willdan will conduct a field review of
project locations to verify existing topographic conditions including existing street and lane geometries, lane
widths, lane configurations, and curb-to-curb distances.

As part of the field review, Willdan will perform
pavement condition assessments within the bicycle
facility project limits and propose pavement treatments.

Topographic Survey. Willdan will perform ground surveys necessary to design the sidewalk gap closure along
Lincoln Street between Worth Street and the railroad
crossing and ADA curb ramps, as shown in Attachment
“A” of the RFP documents. Our survey crew will establish horizontal and vertical ground controls necessary to
produce a digital topographic map at a scale of 1" = 40'.

The survey will be tied to City benchmarks and existing topographic information. The ground survey will establish horizontal (NAD 83), vertical (NAVD 88), and centerline controls; identify survey monuments, visible surface utilities, curbs and gutters, edges of pavements, and grade breaks; and provide supplemental shots in identified areas of concern based upon preliminary engineering.

Parking Study. Willdan will conduct a parking study along Lincoln Street between Washington Street and Turnpike Road where Class II bicycle lanes will be installed and provide recommendations for on-street parking removal. Our preliminary analysis shows that the rest of Lincoln Street and all of Aurora Street can have bike lanes implemented without impacting existing onstreet parking. Willdan’s subconsultant, NDS, will provide parking occupancy data collection during overnight hours for residential areas and during normal business hours for commercial and industrial areas. The parking occupancy data will be collected on a typical weekday and weekend for the residential areas and on a weekday only for the commercial and industrial areas.

Task 2 - Utility Coordination
Willdan will mail notices to the utility companies in accordance with the City’s procedures. Documentation of contacts and responses will be copied to the City. Willdan will prepare the utility notices and deliver them to the City for mailing under City letterhead. If so desired by the City, Willdan can transmit these notices under Willdan’s letterhead; however, the City shall be responsible for any fees assessed to Willdan by the utility companies. In either case, all responses, questions, and correspondence from the utility companies will be addressed to Willdan’s utility coordinator. Willdan will also provide utility dispositions identifying existing utility locations above and below ground.

Task 3 - Plans, Specifications, and Estimate (PS&E)
Willdan will prepare engineering design plans, specifications, and estimates (PS&E) for the proposed bicycle and pedestrian facility improvements. Design plans will be prepared in accordance with the City's drafting standards, formats, and conventions.

Plans will be computer-drafted in AutoCAD 2021 format for standard 24-inch by 36-inch plans and comply with the City of Stockton’s and Caltrans' latest standard plans and specifications and the California Manual on Uniform Traffic Control Devices (CA MUTCD). Design plans will be submitted full size in PDF format compatible with Bluebeam software at the 30%, 60%, 90%, EXHIBIT A Page 10 of 64 ATTACHMENT B
Proposal for Greater Downtown Bike and Pedestrian Connectivity City Project No. WT22051 / ATPSB1L-5008(200) 13
and 100% submittal milestones for the City’s review and comment. Willdan will maintain a review comment matrix to verify all City comments are addressed with each submittal.

3.1 – 30% Conceptual Layout. Willdan will prepare 30% level conceptual striping plans at 1’=40” scale for the basic geometric configuration of roadway striping layouts for the Class II bike lanes, high visibility crosswalks, and typical cross sections. The conceptual design will consider turning motions of Stockton Unified School District, Stockton Fire Department, San Joaquin Regional Transit District, and Stockton Waste Management vehicles, as well as semitrucks with trailers.

3.2 – 60% PS&E. Willdan will prepare 60% design level plans depicting design elements including geometric features, above and below ground facilities (based on field visits and utility as-builts research), right-of-way, and any other relevant features. Willdan will prepare the following design sheets as shown in the table below:

Plan Type Scale Sheets Design Improvements
Title Sheet N/A 1 Sheet N/A
Signing and Striping Plans 1” = 40’ 15 Sheets Class II Bike Lanes, Class III Bike Boulevards, High Visibility Crosswalks, RRFBs
Wayfinding Signage Plans 1” = 100’ 3 Sheets Wayfinding Signage Traffic Signal Modification Plans 1” = 20’ 3 Sheet Bicycle Detection and LPI Street Improvement Plans 1” = 20’ 12 Sheets ADA Curb Ramps, Speed Cushions, Sidewalk Gap Closure, Slurry Seal
Willdan will prepare intersection details for the ADA complaint curb ramp designs as most of the curb ramps will be constructed per current Standard Specifications for Public Works Construction (Greenbook) standard drawings. We have identified a few curb ramps that will require modified details for construction at a few select intersections and will collect topographic survey to assist with our design. Willdan will prepare sidewalk improvement plans for the sidewalk gap closure along Lincoln Street between Worth Street and the railroad crossing adjacent to Columbus Park, as shown in Attachment “A” of the RFP document. A 60% level engineer’s estimate of probable costs will be prepared in a Microsoft Excel spreadsheet based on the 50% design plans. Backup quantity calculations will be provided showing detailed computations for accuracy of the quantities upon request.

Utilizing the City-provided boilerplate, Willdan will prepare the project’s construction specifications in Microsoft Word format. Willdan's specifications will support the specified improvements. Willdan will be responsible for compiling specifications that are complete, ready for bidding purposes, and signed by a state-registered civil engineer.

3.3 – 90% PS&E. The project team will revise the 60% submittal package by incorporating City review comments and will then submit 90% plans, specifications, and engineer’s estimate to the City for approval. The review comments from the 60% submittal will be itemized and a written response to the comments will be prepared in a comment matrix. The original red-line mark-up from the City will be returned with the succeeding submittal. Willdan will prepare signal timing worksheets for the implementation of leading pedestrian interval (LPI) for the City’s review.

3.4 – 100% PS&E. Willdan will revise the 90% PS&E submittal package by incorporating City review comments. Final signed plans, specifications, and engineer’s estimate will be submitted to the City in electronic PDF format. Final approved drawings and specifications shall be stamped and signed by the engineer-of-record.

3.5 – Quality Control. The PS&E will be subject to Willdan’s quality control review process before each submittal. These reviews will ensure conformance to City and Caltrans Standards, as well as minimize typographical omissions. Willdan will provide a signed Quality Control Checklist at the time of each deliverable submittal.

Task 4 – Public Outreach

DELIVERABLES
▪ PS&E documents to the City for review at 30%, 60%,
90%, and 100% completion stage.
▪ One set of full size, 24”x36” plans (PDF), one set of specifications (PDF, Word) and the engineer’s estimate
(PDF/Excel) at each design stage. Willdan will utilize
Bluebeam software for the PDF submittals.
▪ Comment Matrix and Quality Control Checklist
▪ Electronic copies of the PS&E after the 100% comments have been incorporated as a final check prior to
plotting the plans on mylars
▪ Electronic copies of all correspondence and final work products for City files
EXHIBIT A Page 11 of 64 ATTACHMENT B
Proposal for Greater Downtown Bike and Pedestrian Connectivity City Project No. WT22051 / ATPSB1L-5008(200) 14
Willdan’s subconsultant, AIM Consulting, will be providing all public outreach services for this project as defined in the RFP document. These tasks include developing a stakeholder database of potentially interested parties, holding at least two (2) Public Information Meetings to present concepts and design features to the local community, preparing and distributing meeting notices, and development of all presentation materials for the meetings with input from Willdan and City staff. After each meeting, a report will be prepared documenting the meetings including a summary, feedback received, sign-in sheets, and photographs.

Task 5 – Coordination/Meetings
Willdan will conduct all tasks necessary to complete the project, including day-to-day project management, meetings, progress reports, project communication and agency follow-up, project scheduling and tracking, invoicing, and overall administration of the project. Willdan's project management approach to manage and control the project is expected to include, but not be limited to:
▪ A project pre-design (kick-off) virtual meeting will be scheduled to include City staff. The City will provide a detailed explanation of the project scope and schedule. Major aspects of the project will be discussed including the design criteria, utility coordination, plan preparation and specifications, estimates, submittal reviews, and bid process. ▪ In addition to the kick-off meeting, Willdan will attend up to three (3) formal meetings with City staff to develop project designs, resolve design challenges, discuss review comments on the PS&E submittals, discuss progress, and any other issues.

Request for attendance at additional meetings other than those discussed above (a total of four meetings) will be for an additional fee.
▪ Willdan will prepare and distribute meeting agendas and minutes for all project meetings.
▪ Willdan will submit monthly progress reports to the Project Engineer via e-mail or phone conversations.
▪ Develop and monitor a critical path method project schedule using Microsoft Projects software. The schedule will identify each task, start and end dates, and duration. The schedule will be updated monthly and submitted with the progress report.

Task 6 – Design Support During Construction
Willdan will provide engineering support during bidding and be available to answer questions regarding the technical provisions of the contract special provisions, design drawings, or design issues raised during bidding. Necessary addenda clarifying actual design oversight or conflicts will be prepared at no charge. Willdan will also assist the City during the construction phase by reviewing and approving material submittals, responding to RFIs, and assisting with contract change orders as necessary. If a design oversight is identified in the design plans or specifications, we will make the appropriate design correction at no cost.

Task 7 – As-Built Drawings
Upon completion of project construction, Willdan will incorporate the redline as-built comments prepared by the contractor and project inspector on their copies of the signed design plans into a set of Mylar record drawings which shall be provided to the City. Revision will be solely based on redlines provided by the City’s construction inspector and contractor.

DELIVERABLES
▪ Comprehensive Project Schedule
▪ Updated Project Schedule (after each submittal
review throughout the project duration)
EXHIBIT A Page 12 of 64 ATTACHMENT B
Proposal for Greater Downtown Bike and Pedestrian Connectivity City Project No. WT22051 / ATPSB1L-5008(200) 15
Task 8 – Preserving and Perpetuating Survey Monuments
For the Monument preservation, the construction contractor would be responsible for hiring a surveyor to perform any actual preservation efforts. Willdan will verify the plans identified any monuments where found. Also, Willdan will ensure the contractor has fulfilled their duties as confirming pre and post-construction corner records were filed with the County where applicable and reviewing any monument deemed at risk of being disturbed during construction.

Task 9 – Performance Outcome
Willdan’s subconsultant, NDS, will perform before and after construction 24-hour pedestrian and bicycle counts in accordance with the ATP Count Methodology Guidelines. Based on these guidelines for a medium-sized infrastructure project, the before and after counts will be collected at three (3) locations for a period of seven (7) consecutive days. The before and after counts will be performed at the same location on the same days of the week, the same times of day, and the same week of the year.

Willdan will recommend the count locations and time period for City review and acceptance.

Exclusions
Willdan will be preparing sidewalk improvement plans for the sidewalk gap closure along Lincoln Street between Worth Street and the railroad crossing, as shown in Attachment “A” of the RFP document. If the City desires any additional sidewalk gap closure improvements within the project limits, Willdan can provide sidewalk design services for an additional agreed-upon fee.

Familiarity with State and Federal Procedures
Willdan is thoroughly familiar with regulations pertaining to expenditures of federal, state, county, and local funds, including:
▪ Arterial Highway Rehabilitation Program (AHRP)
▪ Surface Transportation Program Local (STPL)
▪ Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU) ▪ Community Development Block Grant (CDBG)
▪ Highway Bridge Program (HBP)
▪ State Gas Tax; Hazard Elimination Safety (HES)
▪ Highway Safety Improvement Program (HSIP)
▪ Various other grant and funding sources
This knowledge is critical in executing projects funded by federal or state programs that have special permitting and reporting requirements. We have worked extensively for and with the CPUC, all Caltrans Districts, Caltrans Division of Structures, Regional Water Quality Control Boards, and the U.S. Army Corps of Engineers. We have processed numerous permits and approvals through FHWA, CPUC, FRA, CTC, CCC, CDFW, RWQCB, etc. We are familiar with funding, permitting, and procedural requirements of these agencies and have an excellent working relationship with the essential staff involved in local agency programs. Our contacts with personnel in these agencies enable us to facilitate permit processing and compliance when required.

In addition, Willdan has experience preparing and processing various Caltrans forms for local agencies, including state and federal funding forms, checklists, invoices, and reports of expenditures. Willdan has assisted local agencies at various stages of state- and federal-funded projects from the initiating request to final invoicing. Our team stays apprised of revisions to the Local Programs Procedures (LPPs) procedures and forms in the LAPM.

EXHIBIT A Page 13 of 64 ATTACHMENT B

CITY OF STOCKTON
GREATER DOWNTOWN BIKE AND PEDESTRIAN CONNECTIVITY - CITY PROJECT NO. WT22051 / ATPSB1L-5008(200)

SUMMARY TASK
Director of
Engineering
Deputy Director
of Engineering
Project
Manager IV
Traffic
Engineer II
Senior
Designer I
Senior
Engineer I
Associate
Engineer II
Associate
Engineer I
Assistant
Engineer IV
Assistant
Engineer III
Assistant
Engineer II
Utility
Coordinator
Administrative
Assistant II
Surveying
Supervisor Survey Designer II
Estimated
Hours Expenses
Subconsultant
(NDS)
Subconsultant
(AIM) Estimated Cost
$251.31 $237.14 $235.91 $215.91 $161.70 $172.91 $159.84 $153.06 $125.27 $120.50 $106.51 $104.51 $107.59 $169.84 $147.56 Task 1 - Background Research

1.1 - Records Research 4.0 4.0 4.0 12.0 - $ - $ - $ 1,606.49 $

1.2 - Field Review 8.0 8.0 8.0 8.0 32.0 1,000.00 $ - $ - $ 5,357.44 $

1.3 - Topographic Survey 6.0 16.0 80.0 102.0 - $ - $ - $ 15,492.49 $

1.4 - Parking Study 2.0 2.0 30.0 16.0 50.0 - $ 2,127.50 $ - $ 10,148.90 $ Subtotal 0.0 2.0 0.0 2.0 6.0 30.0 8.0 8.0 12.0 16.0 12.0 0.0 0.0 20.0 80.0 196.0 1,000.00 $ 2,127.50 $ - $ 32,605.32 $ Task 2 - Utility Coordination

2.1 - Utility Notices & Coordination 2.0 12.0 14.0 - $ - $ - $ 1,725.94 $ Subtotal 0.0 0.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 12.0 0.0 0.0 0.0 14.0 - $ - $ - $ 1,725.94 $ Task 3 - Plans, Specifications & Estimates (PS&E)

3.1 - Title Sheet (1 Sheet) 4.0 4.0 8.0 - $ - $ - $ 927.12 $

3.2 - Construction Details and Typical Sections (7 Sheet) 6.0 24.0 196.0 226.0 - $ - $ - $ 26,264.73 $

3.3 - Street Improvement Plans (5 Sheets) 6.0 8.0 60.0 74.0 - $ - $ - $ 9,177.18 $

3.4 - Loop Detection Installation Plans (3 Sheets) 3.0 12.0 10.0 20.0 20.0 65.0 - $ - $ - $ 9,988.34 $

3.5 - Signing and Striping Plans (15 Sheets) 8.0 40.0 155.0 155.0 358.0 - $ - $ - $ 49,427.87 $

3.6 - Wayfinding Plans (3 Sheets) 1.0 2.0 16.0 16.0 35.0 - $ - $ - $ 4,641.28 $

3.7 - Prepare Signal Timing Sheets 24.0 24.0 - $ - $ - $ 5,181.84 $

3.8 - Prepare Cost Estimates 1.0 1.0 2.0 8.0 4.0 4.0 4.0 2.0 26.0 - $ - $ - $ 3,993.53 $

3.9 - Prepare Construction Specs 1.0 1.0 4.0 2.0 8.0 6.0 6.0 4.0 32.0 - $ - $ - $ 4,797.29 $ Subtotal 14.0 14.0 60.0 24.0 24.0 0.0 18.0 22.0 205.0 191.0 270.0 0.0 6.0 0.0 0.0 848.0 - $ - $ - $ 114,399.18 $ Task 4 - Public Outreach

4.1 - Project Team Coordination and Public Engagement 4.0 4.0 - $ - $ 4,023.70 $ 4,972.26 $

4.2 - Stakeholder Database and Ongoing Communication 0.0 - $ - $ 4,729.10 $ 4,729.10 $

4.3 - Communication Collateral and Website Content 0.0 - $ - $ 5,981.66 $ 5,981.66 $

4.4 - Stakeholder Focus Group Meetings (4) 4.0 4.0 - $ - $ 12,789.80 $ 13,738.36 $

4.5 - Public Meeting and Notification Plan (2) 0.0 - $ - $ 21,234.68 $ 21,234.68 $

4.6 - Direct Expenses 0.0 - $ - $ 3,000.00 $ 3,000.00 $ Subtotal 0.0 8.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 8.0 - $ - $ 51,758.94 $ 53,656.06 $ Task 5 - Coordination/Meetings

5.1 - Project Management 16.0 8.0 24.0 - $ - $ - $ 5,681.52 $

5.2 - Kick-off Meeting 2.0 2.0 2.0 6.0 - $ - $ - $ 1,448.72 $ 5.3 - Project Meetings 6.0 6.0 6.0 6.0 6.0 30.0 - $ - $ - $ 6,223.56 $

5.4 - Progress and QA/QC 6.0 6.0 - $ - $ - $ 1,507.86 $ Subtotal 14.0 24.0 16.0 0.0 0.0 0.0 6.0 6.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 66.0 - $ - $ - $ 14,861.66 $ Task 6 - Design Support During Construction

6.1 - Bid Advertising Support 2.0 4.0 4.0 10.0 - $ - $ - $ 1,723.42 $

6.2 - Construction RFI and Submittal Review 2.0 2.0 2.0 6.0 6.0 8.0 26.0 - $ - $ - $ 4,178.20 $ Subtotal 2.0 2.0 4.0 0.0 0.0 0.0 10.0 10.0 0.0 0.0 8.0 0.0 0.0 0.0 0.0 36.0 - $ - $ - $ 5,901.62 $ Task 7 - As-Built Drawings

7.1 - Prepare As-Built Record Drawings 2.0 2.0 2.0 6.0 6.0 18.0 - $ - $ - $ 2,459.68 $ Subtotal 0.0 0.0 2.0 0.0 0.0 0.0 2.0 2.0 0.0 6.0 6.0 0.0 0.0 0.0 0.0 18.0 - $ - $ - $ 2,459.68 $ Task 8 - Preserving and Perpetuating Survey Monuments

8.1 - Coordinate Corner Record or Record of Surveys 20.0 20.0 - $ - $ - $ 3,396.83 $ Subtotal 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 20.0 0.0 20.0 - $ - $ - $ 3,396.83 $ Task 9 - Performance Outcome

9.1 - Before Construction Bike & Ped Counts 1.0 4.0 5.0 - $ 6,961.98 $ - $ 7,890.76 $

9.2 - After Construction Bike & Ped Counts 1.0 4.0 5.0 - $ 6,961.98 $ - $ 7,890.76 $ Subtotal 0.0 2.0 0.0 0.0 0.0 8.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 10.0 - $ 13,923.96 $ - $ 15,781.52 $ TOTAL (TASKS 1 TO 9) 30.0 52.0 84.0 26.0 30.0 38.0 44.0 48.0 217.0 213.0 296.0 12.0 6.0 40.0 80.0 1216.0 1,000.00 $ 16,051.46 $ 51,758.94 $ 244,787.81 $

REVISED ESTIMATED FEE
Monday, April 29, 2024

WILLDAN
EXHIBIT B Page 14 of 64 ATTACHMENT
B
Local Assistance Procedures Manual Exhibit 10-H
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. WT22051 / ATP SB1L-5008(200) Contract No. TBD Date 4/29/2024

DIRECT LABOR
Hours
Actual Hourly
Rate/Average Rate Total
30 $81.75 $2,452.50
52 $77.14 $4,011.28
84 $76.74 $6,446.16
26 $70.00 $1,820.00
40 $55.25 $2,210.00
38 $56.25 $2,137.50
44 $52.00 $2,288.00
48 $49.79 $2,389.92
217 $40.75 $8,842.75
213 $39.20 $8,349.60
296 $34.66 $10,259.36
30 $52.60 $1,578.00
80 $48.00 $3,840.00
12 $34.00 $408.00
6 $35.00 $210.00
LABOR COSTS 1216
a) Subtotal Direct Labor Costs $57,243.07
b) Anticipated Salary Increases (see page 2 for sample) $1,030.38 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $58,273.45

INDIRECT COSTS
d) Fringe Benefits (Rate: 36.29% ) e) Total Fringe Benefits [(c) x (d)] $21,147.43 f) Overhead (Rate: 133.34% ) g) Overhead [(c) x (f)] $77,701.81 h) General and Administrative (Rate: 0.00% ) i) Gen & Admin [(c) x (h)] $0.00 j) Total Indirect Costs [(e) + (g) + (i)] $98,849.25
FIXED FEE (Profit)
(Rate: 12.00% ) k) TOTAL FIXED PROFIT [(c) + (j)] x (q)] $18,854.72 l) CONSULTANT'S OTHER DIRECT COSTS (ODC)
Description Unit(s) Unit Cost Total
Travel/Mileage Costs 1 $1,000.00 $1,000.00
Equipment Rental and Supplies (itemize) 1 $0.00 $0.00
Permit Fees 1 $0.00 $0.00
Plan Sheets 1 $0.00 $0.00
Test 1 $0.00 $0.00
l) TOTAL OTHER DIRECT COSTS $1,000.00
m) SUBCONSULTANT'S COSTS ( Add additional pages if necessary) 1 $16,051.46 $16,051.46
1 $51,758.94 $51,758.94
1 $0.00 $0.00
1 $0.00 $0.00
$67,810.40
$68,810.40
TOTAL COST [(c) + (j) + (k) + (n)] $244,787.81
NOTES:
• Employees subject to prevailing wage requirements to be marked with an *. • ODC items should be based on actual costs and supported by historical data and other documentation. • ODC items that would be considered “tools of the trade” are not reimbursable. • ODC items should be consistently billed directly to all clients, not just when client will pay for them as a direct cost.

Page 1 of 2 ends

Assistant Engineer III
Assistant Engineer II
Designer II
To Be Assigned
To Be Assigned
To Be Assigned
To Be Assigned
Associate Engineer II
Associate Engineer I
To Be Assigned
To Be Assigned
Assistant Engineer IV
City of Stockton Greater Downtown Bike & Pedestrian Connectivity, City Project No. WT22051 / ATPSB1L-5008(200) m) TOTAL SUBCONSULTANTS' COSTS
National Data & Surveying Services (NDS)
AIM Consulting
Subconsultant 4
Subconsultant 3
Director of Engineering Tyrone Peter
Senior Designer I
CAD Operator II
Minh Phan
To Be Assigned
To Be Assigned
To Be Assigned
Surveying Supervisor
Traffic Engineer II
To Be Assigned
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] SAMPLE COST PROPOSAL 1 PAGE 1 OF 2

COST-PLUS-FIXED FEE OR LUMP SUM ORFIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Willdan Engineering (Prime Consultant)
Classification/Title Name
Deputy Director of Engineering Jeff Lau
Senior Engineer I To Be Assigned
Administrative Assistant To Be Assigned
Project Manager IV
January 2020
EXHIBIT B Page 15 of 64 ATTACHMENT B
Local Assistance Procedures Manual Exhibit 10-H
Cost Proposal
Consultant Contract No. TBD Date 4/29/2024

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) 45411 Avg Hourly 5 Year Contract
Rate Duration
$57,243.07 = $47.07 Year 1 Avg Hourly
Rate
Avg Hourly Rate
Year 1 $47.07 + = $48.49 Year 2 Avg Hourly
Rate
Year 2 $48.49 + = $49.94 Year 3 Avg Hourly
Rate
Year 3 + = $0.00 Year 4 Avg Hourly
Rate
Year 4 + = $0.00 Year 5 Avg Hourly
Rate
Total Hours
per Year
Year 1 40.00% * = 486.4 Estimated Hours
Year 1
Year 2 60.00% * = 729.6 Estimated Hours
Year 2
Year 3 * = 0.0 Estimated Hours
Year 3
Year 4 * = 0.0 Estimated Hours
Year 4
Year 5 * = 0.0 Estimated Hours
Year 5
Total 100% = 1216.0
Year 1 $47.07 * = $22,897.23 Estimated Hours
Year 1
Year 2 $48.49 * = $35,376.22 Estimated Hours
Year 2
Year 3 * =
Estimated Hours
Year 3
Year 4 * =
Estimated Hours
Year 4
Year 5 * =
Estimated Hours
Year 5
= $58,273.45
= $57,243.07
= $1,030.38 Transfer to Page 1
NOTES:
• This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. • An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) • This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Page 2 of 2 ends

1216.0
1216.0
Total Hours
per Cost Proposal
Estimated %
1216.0
1216.0
Total
1216.0
Completed Each Year

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Willdan Engineering (Prime Consultant)
Total Hours
1216
Proposed Escalation

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) SAMPLE COST PROPOSAL (EXAMPLE #1) PAGE 2 OF 2

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS per Cost Proposal
Direct Labor Subtotal
per Cost Proposal
3%
3%
3%
(SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Cost per Year
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
(calculated above)
Avg Hourly Rate
(calculated above)
486
730
Estimated hours
3%
January 2020
EXHIBIT B Page 16 of 64 ATTACHMENT B
Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal
Name: Title*:

Signature: _______________________________________________ Date of Certification (mm/dd/yyyy): 4/29/2024 Email: Phone Number:

Address:

List services the consultant is providing under the proposed contract:
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Engineering Design Services
Vanessa Munoz President/CEO
[email protected] 562-368-4848
13191 Crossroads Parkway N. Ste 405 Industry CA 91746
Prime Consultant or Subconsultant Certifying:

Sample Cost Proposal 1
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

Page 5 of 5 ends

January 2020
EXHIBIT B Page 17 of 64 ATTACHMENT B
EXHIBIT B Page 18 of 64 ATTACHMENT B
EXHIBIT B Page 19 of 64 ATTACHMENT B
EXHIBIT B Page 20 of 64 ATTACHMENT B

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed Prime Consultant Subconsultant 2 nd Tier Subconsultant
Consultant __________________________________________________________ Project No. _______________________ Contract No. ____________________ Date ____________________

DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total ____________________________ ____________________________ ____________________________ ____________________________ ________ ________ ________ ________ LABOR COSTS a) Subtotal Direct Labor Costs _______________
b) Anticipated Salary Increases (see page 2 for calculation) _______________ c) TOTAL DIRECT LABOR COSTS [(a) + (b)] _______________ INDIRECT COSTS d) Fringe Benefits (Rate: _____ Total Fringe Benefits [(c) x (d)] _______________ f) Overhead (Rate: _____ ) Overhead [(c) x (f)] _______________ h) General and Administrative (Rate: ___ __ ) i) Gen & Admin [(c) x (h)] _______________ j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] _______________ FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee ______ ] ______________ Description of Item Quantity Unit Unit Cost Total l) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS’ COSTS (Add additi
l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) onal pages if necessary)
Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:
m) TOTAL SUBCONSULTANTS’ COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] ___________________ TOTAL COST [(c) + (j) + (k) + (n)] _____________________ NOTES:

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.

3. Anticipated salary increases calculation (page 2) must accompany.

AIM Consulting
04/08/2024
Elise Brockett
Felix Molina 142.00 $ 46.24 $ 6,566.08
$ 21,757.04
$ 21,757.04

14.94% $ 3,250.50
$ 4,432.56
LS
1 LS
$ 0.00
$ 3,000.76
$ 51,758.94
Stockton Downtown Bike
Sr. Project Manager
Graphic Designer
Project Manager
Project Coordinator
Katie DeMaio
Darlene Tran

84.00 27.00
146.00
$ 68.06
$ 75.00
$ 51.02
$ 5,717.04
$ 2,025.00
$ 7,448.92
$ 9,253.27
$ 3,000.76

42.53%

46.26% $ 10,064.81
$ 22,568.58

10.00%
Mileage Costs 1 LS $ 800.76 $ 800.76
Printed Materials 1 $ 1,200.00 $ 1,200.00
Lawn Signs 1 LS $ 600.00 $ 600.00
Notifications $ 400.00 $ 400.00
$ 0.00
EXHIBIT B Page 21 of 64 ATTACHMENT B
EXHIBIT B Page 22 of 64 ATTACHMENT B

__
SAMPLE COST PROPOSAL 1
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles {GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board {when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.

Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate{s).

Prime Consultant or Subconsultant Certifying:

Name:_______________ Title*:

Signature:____ _____ _ Date of Certification {mm/dd/yyyy): _____ Email: _____ _______ _ Phone Number:

Address:_________________________________
*An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providinq under the proposed contract:

Page 3 of 3 ends

EXHIBIT B Page 23 of 64
Public Outreach Services

ATTACHMENT B
Subject:

CITY OF STOCKTON, CALIFORNIA

D. All City employees and non-employees share a responsibility to assist in EXHIBIT C Page 24 of 64 ATTACHMENT B
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 C Page 25 of 64 ATTACHMENT B
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 C Page 27 of 64 ATTACHMENT B
Subject:

CITY OF STOCKTON, CALIFORNIA

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

EXHIBIT C Page 28 of 64 ATTACHMENT B
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 C Page 31 of 64 ATTACHMENT B
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 C Page 33 of 64 ATTACHMENT B
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 C Page 35 of 64 ATTACHMENT B

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 C Page 37 of 64 ATTACHMENT B
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Insurance Requirements for Professional Services
Greater Downtown Bike and Pedestrian Connectivity,
Project No. WT22051 / ATPSB1L-5008(200)
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

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

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

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

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

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

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

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

EXHIBIT D Page 38 of 64 ATTACHMENT B
REV 2022-05-17
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

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

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

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

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

EXHIBIT D Page 39 of 64 ATTACHMENT B
REV 2022-05-17
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

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

Claims Made Policies (Professional & Pollution only)
If any of the required policies provide claims-made coverage:

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

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

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

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 EXHIBIT D Page 40 of 64 ATTACHMENT B
REV 2022-05-17
Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

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

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

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT D Page 41 of 64 ATTACHMENT B
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

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May 2023
State Funded Consultant Contract Provisions

GREATER DOWNTOWN BIKE AND PED CONNECTIVITY
City Project No. WT22051 / ATPSB1L-5008(200)

TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION .................................................................................................................... 3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS ....................................................................... 4 ARTICLE III STATEMENT OF WORK ...................................................................................................... 4 ARTICLE IV PERFORMANCE PERIOD ................................................................................................... 5 ARTICLE V ALLOWABLE COSTS AND PAYMENTS ............................................................................. 5 ARTICLE VI TERMINATION ................................................................................................................... ..6 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS ..................................... ..7 ARTICLE VIII RETENTION OF RECORD/AUDITS ................................................................................ ..7 ARTICLE IX AUDIT REVIEW PROCEDURES ....................................................................................... ..8 ARTICLE X SUBCONTRACTING .......................................................................................................... ..9 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES .............................. 10 ARTICLE XII STATE PREVAILING WAGE RATES ............................................................................... 11 ARTICLE XIII CONFLICT OF INTEREST ............................................................................................... 14 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ......................... 15

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING ..................................................................................................................................... 15 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE .................... 15 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION .................................................... 17 ARTICLE XVIII NONE ............................................................................................................................ 17 ARTICLE XIX INSURANCE .................................................................................................................... 17 ARTICLE XX FUNDING REQUIREMENTS ............................................................................................ 17 ARTICLE XXI CHANGE IN TERMS ........................................................................................................ 17 EXHIBIT E Page 42 of 64 ATTACHMENT B
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

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May 2023
ARTICLE XXII CONTINGENT FEE ......................................................................................................... 18 ARTICLE XXIII DISPUTES ..................................................................................................................... 18 ARTICLE XXIV INSPECTION OF WORK ............................................................................................... 18 ARTICLE XXV SAFETY ......................................................................................................................... 18 ARTICLE XXVI OWNERSHIP OF DATA ................................................................................................ 19 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR .............. 19 ARTICLE XXVIII CONFIDENTIALITY OF DATA .................................................................................... 20 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION....................................... 20 ARTICLE XXX EVALUATION OF CONSULTANT ................................................................................. 20 ARTICLE XXXI PROMPT PAYMENT ..................................................................................................... 20 ARTICLE XXXII TITLE VI ASSURANCES ............................................................................................. 21 ARTICLE XXXIII NOTIFICATION ........................................................................................................... 21 ARTICLE XXXIV CONTRACT ................................................................................................................ 21 ARTICLE XXXV SIGNATURES .............................................................................................................. 21 EXHIBIT E Page 43 of 64 ATTACHMENT B
Local Assistance Procedures Manual Exhibit 10-R
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May 2023

ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the “CONSULTANT” is as follows:

WILLDAN ENGINEERING, INC.

Incorporated in the State of California
The Project Manager for the “CONSULTANT” will be
MR. JEFF LAU, PE
The name of the “LOCAL AGENCY” is as follows:

CITY OF STOCKTON
The Contract Administrator for LOCAL AGENCY will be Said Bilal Houseyni.

B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated April 29, 2024. The approved CONSULTANT’s Cost Proposal is attached hereto “Exhibit B” and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

EXHIBIT E Page 44 of 64 ATTACHMENT B
Local Assistance Procedures Manual Exhibit 10-R
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G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III STATEMENT OF WORK
[Insert Appropriate Statement of work including a Description of the Deliverables in the following sections. If a section does not apply to the AGREEMENT, state “Not Applicable to this AGREEMENT.”] A. CONSULTANT Services
See Exhibit “A”, Scope of Services of the Professional Services Contract.

B. Right of Way
See Exhibit “A”, Scope of Services of the Professional Services Contract.

C. Surveys
See Exhibit “A”, Scope of Services of the Professional Services Contract.

D. Subsurface Investigations
See Exhibit “A”, Scope of Services of the Professional Services Contract.

E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated EXHIBIT E Page 45 of 64 ATTACHMENT B
Local Assistance Procedures Manual Exhibit 10-R
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May 2023
clearly. See “Rights and Duties of City” of the Professional Services Contract.

F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings
[For AGREEMENTs requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the AGREEMENT fee, or provision may be made for separate payment.] H. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.

I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

J. Deliverables and Number of Copies
The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on October 1, 2024, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on December 31, 2029, unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

EXHIBIT E Page 46 of 64 ATTACHMENT B
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

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City Council and Concurrent AuthoritiesAugust 20, 2024

City Council and Concurrent Authorities
August 20, 2024