Agenda packet — City Council and Concurrent Authorities, September 10, 2024 (part 1 of 2)

City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - Final
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Kevin J. Lincoln II, Mayor/Chair (At Large)
Kimberly Warmsley, VIce Mayor (District 6)
Michele Padilla (District 1)
Daniel R. Wright (District 2)
Michael Blower (District 3)
Susan Lenz (District 4)
Brando Villapudua (District 5)
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
4:00 PMTuesday, September 10, 2024
Closed Session 4:00 PM :: Regular Session 5:30 PM
Note: Councilmember Wright will participate in the meeting via teleconference from the following location: Hyatt Regency Capitol Hill, Business Center, 400 New Jersey Avenue NW, Washington, DC 20001

1. CLOSED SESSION CALL TO ORDER/ROLL CALL

2. ADDITIONS TO CLOSED SESSION AGENDA

3. ANNOUNCEMENT OF CLOSED SESSION

3.1 24-0777

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Four
Name of Case: Byron Santos v. City of Stockton, et al., (San Joaquin County Superior Court Case No.

STK-CV-UCR-2023-4267)
Name of Case: Police Sergeant Jimmy Kwan (Workers’
Compensation Appeals Board Case
No.ADJ18313761)
Name of Case: Police Officer David Labarr (Workers’
Compensation Appeals Board Case No.

ADJ17053716)

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1 September 10, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Name of Case: Police Chief Pilot Daniel Lowry (Workers’ Compensation Appeals Board Case
No.ADJ15808841)
This Closed Session is authorized pursuant to section 54956.9(d) (1) of the Government Code to discuss matters
pertaining to existing litigation.

Department: City Attorney

3.2 24-0808 CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action: Agency Designated Representative: City Manager Harry Black Employee Organizations: Unrepresented Units, Stockton City Employees' Association, Operating Engineer's Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers' Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.

Department: City Attorney

3.3 24-0946 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

LITIGATION
Number of Cases: One
Based on existing facts and circumstances a point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency pursuant to Government Code sections 54956.9(d)(2) and 54956.9(e) (3)...BODY
Department: City Attorney

4. CLOSED SESSION PUBLIC COMMENT*

5. RECESS TO CLOSED SESSION

6. REGULAR SESSION CALL TO ORDER/ROLL CALL

7. INVOCATION/PLEDGE TO FLAG

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2 September 10, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final

8. REPORT OF ACTION TAKEN IN CLOSED SESSION

9. ADDITIONS TO REGULAR SESSION AGENDA***

10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

10. 1 24-0900
CERTIFICATE OF RECOGNITION: CALIFORNIA GIRLS STATE
CITIZENS 2024 - AMERICAN LEGION AUXILIARY 16
Department: Office of the Mayor

10. 2 24-0942 PROCLAMATION: NATIONAL FORENSIC SCIENCE WEEK - SEPTEMBER 15-21, 2024
Department: Office of the Mayor

11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

12. CONSENT AGENDA

12.1 24-0914 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meetings of July 26, 2024 Department: City Clerk
Attachment A – 2024-07-26 MinutesAttachments:

12.2 24-0899 ADOPT RESOLUTION TO ACCEPT A 2023 ASSISTANCE TO

FIREFIGHTERS GRANT AWARD FROM THE FEDERAL

EMERGENCY MANAGEMENT AGENCY FOR IDLH MONITORING

EQUIPMENT AND TRAINING
Recommended Action:

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

1. Authorize the City Manager to accept a grant from the Federal Emergency Management Agency (FEMA) for the 2023 Assistance to Firefighters Grant in the amount of $63,550.67 for the purchase of Immediately Dangerous to Life or Health (IDLH) monitoring equipment and training.

2. Authorize the City Manager to appropriate $6,355.07 from the General Fund Grant Match Account to cover the required 10 percent of federal fund local match.

3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

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3 September 10, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Department: Fire
Attachment A - Award Package
Proposed Resolution
Attachments:

12.3 24-0459 ACCEPT THE 2025 ANNUAL HEALTH BENEFITS REPORT AND ADOPT THE 2025 HEALTH PREMIUM RATES FOR THE CITY’S

HEALTH PLANS
Recommended Action:

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

1. Accept the 2025 Annual Health Benefits Report for the City's medical, dental, and vision plans;

2. Approve the 2025 Health Premium Rates for the City's health plans; and

3. Authorize the City Manager or their designee to execute health benefit policies and plans to address the health care needs of the City's employees.

Department: Human Resources
Attachment A - 2025 Health Premium Rates
Attachment B - 2025 Annual Health Benefits Report
Attachments:

12.4 24-0801 ADOPT A RESOLUTION TO AUTHORIZE A CONTRACT WITH VALLEY LANDSCAPING & MAINTENANCE, INC. FOR LANDSCAPE

SERVICES AT THE DELTA WATER TREATMENT PLANT
Recommended Action:

RECOMMENDATION
It is recommended that the City Council adopt a resolution to award a five-year contract to Valley Landscaping & Maintenance, Inc., of Lodi, CA, in the amount of $173,700, for landscape services at the Delta Water Treatment Plant (Exhibit 1 to the Resolution).

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

Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - Contract
Attachments:

12.5 24-0827 ADOPT A RESOLUTION TO AUTHORIZE A CONTRACT WITH

BADGER DAYLIGHTING CORP FOR REGIONAL WASTEWATER

CONTROL FACILITY PROCESS CLEANING SERVICES

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4 September 10, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action:

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

1. Approve the Specifications and Addenda for Regional Wastewater Control Facility Process Cleaning Services (PUR 24-037) (Exhibit 1 to the Resolution).

2. Authorize the City Manager to execute a five-year contract for Regional Wastewater Control Facility Process Cleaning Services with Badger Daylighting Corp for the not-to-exceed amount of $3,311,000. (Exhibit 2 to the Resolution).

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

Department: Municipal Utilities
Proposed Resolution
Exhibit 1- Request for Proposals
Exhibit 2 - Standard Agreement
Attachments:

12.6 24-0840 ADOPT A RESOLUTION TO FINALIZE A GRANT APPLICATION FOR A UNITED STATES BUREAU OF RECLAMATION WATERSMART:

WATER AND ENERGY EFFICIENCY GRANT FOR FEDERAL FISCAL
YEAR 2024

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5 September 10, 2024City Council/Successor Agency to
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action:

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

1. Authorize the City Manager to, sign, apply for, and accept a United States Bureau of Reclamation WaterSMART: Water and Energy Efficiency Grant for Federal FY 24 in the amount not-to-exceed of $4,273,925 on behalf of the City of Stockton.

2. Authorize the City Manager to finalize the grant application and all information submitted for consideration and to certify that the Municipal Utilities Department has and will provide $4,273,925 in non-federal cost-share funding and/or in-kind contributions specified in the grant funding plan of $8,547,850.

3. Authorize the City Manager to certify that the City has and will comply with all statutory and regulatory requirements related to any grant funds.

4. Authorize the City Manager to negotiate and execute a financial assistance agreement and any amendments thereto on behalf of the City of Stockton.

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

Department: Municipal Utilities
Attachment A - WEEG-008 City of Stockton
Proposed Resolution
Attachments:

12.7 24-0851 AWARD A PROFESSIONAL SERVICES AGREEMENT TO GATEWAY PACIFIC CONTRACTORS, INC. TO DESIGN AND CONSTRUCT THE

DELTA WATER TREATMENT PLANT GROUNDWATER RECHARGE

BASIN PROJECT
Recommended Action:

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

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

2. Award a Professional Services Agreement to Gateway Pacific Contractors, Inc. of Sacramento, CA, in the not-to-exceed amount of $11,483,248 to design and construct the Delta Water Treatment Plant Groundwater Recharge Basin Project (UH21005) and associated infrastructure.

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

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6 September 10, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Department: Municipal Utilities
Attachment A - Gateway Pacific Proposal
Proposed Resolution
Exhibit 1 - Contract
Attachments:

12.8 24-0947 ADOPTION OF PROPOSED REDLINE CHANGES TO CHAPTER 4.06

OF THE COUNCIL POLICY MANUAL
Recommended Action: RECOMMENDATION
Staff recommends that the City Council adopt by resolution the proposed redline changes to Chapter 4.06, Section 4.06.010 of the Council Policy Manual.

Department: City Attorney
Attachment A - Council Policy 4.06.010-redlined
Proposed Resolution - Electronic Devices.docx
Exhibit 1 - Council Policy 4.06.010 (clean).pdf
Attachments:

13. ADMINISTRATIVE MATTERS

14. UNFINISHED BUSINESS

15. NEW BUSINESS

16. HEARINGS**

16.1 24-0773
ADOPT AN ORDINANCE AMENDING TITLE 8, TO ADD CHAPTER

8.104 TO THE STOCKTON MUNICIPAL CODE REGARDING

ILLEGAL DUMPING AND A PUBLIC HEARING TO ADOPT A

RESOLUTION APPROVING THE AMENDMENT TO THE FISCAL
YEAR 2024-25 FEE SCHEDULE

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7 September 10, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action:

RECOMMENDATION
It is recommended that the City Council:

1. Adopt an Ordinance amending Chapter 8 of the Stockton Municipal Code ("SMC") to adopt and add Chapter 8.104 regarding Illegal Dumping.

2. Adopt a Resolution approving an amendment to Fiscal Year 2024-25 Fee Schedule relating to illegal dumping fines.

3. Authorize the City Manager, or designee, to submit the approved ordinance and resolution to the San Joaquin County Civil Grand Jury, in response to Case No. 0519, Illegal Dumping: Talking Trash.

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

Department: Police
Attachment A - Proposed Ordinance Red-lined
Proposed Resolution - Illegal Dumping
Exhibit 1 – FY2024-25 Proposed New Fees
PPT - 16.1 - Illegal Dumping Ordinance
Attachments:

17. CITY MANAGER'S UPDATE

18. COUNCIL COMMENTS

19. ADJOURNMENT

INFORMATIONAL ITEMS

1. 24-0852

COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES
Recommended Action: RECOMMENDATION
Information item only. No action required.

Department: City Clerk
Audit 2024-04-22
Audit 2024-07-08
CSC 2024-05-16
CSC 2024-06-20
Planning Commission 2024-04-25
Planning Commission 2024-06-13
Planning Commission 2024-06-27
Attachments:

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8 September 10, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final

CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on September 5, 2024, in compliance with the Brown Act.

Katherine Roland, CMC, CPMC
Interim City Clerk
By: ________________________________

Deputy

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9 September 10, 2024City Council/Successor Agency to
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final

PUBLIC COMMENTS
*Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, including items on the Agenda. Each speaker is limited to two minutes. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting.
**Speakers should hold comments on items listed as a Hearing until the Hearing is opened.

The City of Stockton invites public comments in multiple forms. You provide your comments by using one of these methods:

1. Email - you may email your comments to [email protected]

2. Voicemail - you can leave a voice message by dialing (209) 937-8459.

3. In-Person Comments - a) Speakers must submit "request to speak cards" to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. Please redirect any inquiries to [email protected]. b) Address only issues over which the meeting body has jurisdiction. c) Each speaker will be limited to one 2-minute comment opportunity. Donating time is not authorized. d) Your time will be displayed on the speaker podium for convenience. *All written and voicemail public comments received by the Clerk's Office 90 minutes prior to the meeting start time will be forwarded to the meeting body members as correspondence and attached the minutes. All comments received after that time will be forwarded as correspondence the following business day. ***Additions to the Agenda - Government Code Section 54954.2(b)(2), allows members of the City Council present at the meeting to take immediate action, with either a two-thirds or unanimous vote, to place an item on the agenda that action must be taken and that the item came to the attention of the City subsequent to the agenda being posted.

All proceedings before this meeting body are conducted in English.

Spanish Language interpreter requests must be received at least 72 business hours in advance of the meeting for the best possible availability. Contact the City Clerk's Office as soon as possible at (209) 937-8458 or [email protected]
Las solicitudes de intérpretes de español deben recibirse al menos 72 horas hábiles antes de la reunión para la mejor disponibilidad posible. Comuníquese con la Oficina de la Secretaria Municipal lo antes posible al (209) 937-8458 o [email protected]

In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are a person with a disability and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8458, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility.

Materials related to an item on this agenda submitted to City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 425 North El Dorado Street, Stockton, California 95202,

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10 September 10, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
during normal business hours. Such documents are also available on the City's website at www.stocktongov.com subject to staff's ability to post the documents before the meeting.

CHALLENGING CITY DECISIONS: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

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11 City of Stockton
Legislation Text
File #: 24-0900, Version: 1
CERTIFICATE OF RECOGNITION: CALIFORNIA GIRLS STATE CITIZENS 2024 - AMERICAN LEGION AUXILIARY 16
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12 City of Stockton
Legislation Text
File #: 24-0942, Version: 1
PROCLAMATION: NATIONAL FORENSIC SCIENCE WEEK - SEPTEMBER 15-21, 2024 City of Stockton Printed on 9/5/2024Page 1 of 1
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13 City of Stockton
Legislation Text
File #: 24-0914, Version: 1

APPROVAL OF CITY COUNCIL MINUTES

RECOMMENDATION
Approve the minutes from the City Council meetings of July 26, 2024 Attachment A - 2024-07-26 Minutes
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14 Attachment A
15 Attachment A
16 City of Stockton
Legislation Text
File #: 24-0899, Version: 1
ADOPT RESOLUTION TO ACCEPT A 2023 ASSISTANCE TO FIREFIGHTERS GRANT AWARD

FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR IDLH MONITORING

EQUIPMENT AND TRAINING

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

2. Authorize the City Manager to appropriate $6,355.07 from the General Fund Grant Match Account to cover the required 10 percent of federal fund local match.

3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Summary
Council approval is required to accept grant funding from the Federal Emergency Management Agency (FEMA) for the 2023 Assistance to Firefighters Grant (AFG). Stockton Fire Department (SFD) has been awarded $63,550.67 in federal funds for IDLH monitoring equipment and training.

Acceptance of this award requires a 10 percent local match of $6,355.07 for a total grant amount of $69,905.74.

DISCUSSION
Background
The AFG program’s primary goal is to enhance the safety and effectiveness of firefighting and emergency response operations by providing financial support to fire departments, non-affiliated emergency medical services (EMS) organizations, and state fire training academies to address essential equipment, training, and operational needs. On March 7, 2024, SFD submitted an application to the 2023 AFG program to procure IDLH monitoring equipment and training.

IDLH refers to situations where exposure to airborne contaminants poses an immediate or delayed threat to life, can cause irreversible health effects, or impairs the ability to safely evacuate a hazardous area. Specialized IDLH monitoring equipment is designed to detect a broad range of hazardous gases, like hydrogen sulfide and carbon monoxide, and monitor oxygen levels. When City of Stockton Printed on 9/5/2024Page 1 of 3
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17 File #: 24-0899, Version: 1
conditions exceed safety limits, the equipment alerts personnel immediately, allowing for timely evacuation or the implementation of necessary safety measures. Integrating this equipment with personal protective gear ensures continuous monitoring of air quality in emergency response areas, enhancing the ability to make informed decisions and proactively mitigate risks in accordance with NFPA 1986 Standard on Respiratory Protection Equipment for Tactical and Technical Operations and the OSHA CFR1910.134 standard on respiratory protection On August 16, 2024, SFD was awarded $63,550.67 in federal funds for IDLH monitoring equipment and training. Acceptance of this award requires a 10 percent local match of $6,355.07 for a total amount of $69,905.74.

Present Situation
This award will fund the purchase of gas detectors equipped with sensors for the lower explosive limit (LEL), hydrogen sulfide (H
₂
S), oxygen (O
₂
), and carbon monoxide (CO). These detectors allow
firefighters to quickly identify and respond to the presence of hazardous gases that could lead to explosions, toxic exposure, or dangerous oxygen levels. Early detection of dangerous gases allows for quick and effective containment, protecting both the responders and the surrounding community.

These devices are invaluable in preventing secondary explosions or fires, especially in confined spaces where gases might accumulate without detection. This award will also fund the purchase of test and calibration systems designed to verify and adjust the accuracy of the gas detectors. In addition to the IDLH equipment, the 2023 AFG award will fund comprehensive training for all SFD members who will use the IDLH equipment.

SFD's 2023 AFG application requested funding for 19 gas detectors and 11 test and calibration systems. The department’s goal is to equip each frontline apparatus with a gas detector while strategically placing the calibration systems across various fire stations to achieve the greatest operational impact. However, the actual acquisition cost of these equipment may vary due to potential price fluctuations between the grant application and the award period. Sufficient funds are available in Fire Department’s FY2024-25 General Fund Equipment Account 4020-000-800004-100- 00-20-40 to cover the cost difference from any potential increase in the actual cost to procure all 19 gas detectors, 11 calibration systems, and the associated training.

All purchases associated with this award will be processed in accordance with the City’s standard procurement policies and procedures.

FINANCIAL SUMMARY
The Federal Emergency Management Agency 2023 Assistance to Firefighters Grant (AFG) award is based on an approved project cost of $69,905.74. The grant award has a 10% of federal fund local match requirement.

Grant amount breakdown is as follows:

Federal Award: $63,550.67
Local Match: $6,355.07
Total Amount: $69,905.74
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It is recommended that the City Manager be authorized to establish the grant revenue estimates and the corresponding appropriations in Fire Department Special Grant Account No. 4020-000-XXXXXX- 280-281-20-40-000-000- and Project No. FG20009. It is further recommended that the City Manager be authorized to transfer $6,355.07 from the FY2024-25 General Fund Grant Match appropriation to the Fire Department’s Special Grant account to cover the required local match.

Attachment A - Award Package
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19 Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Eﬀective date: 08/07/2024
John Driscoll

STOCKTON, CITY OF
425 NORTH EL DORADO STREET
STOCKTON, CA 95202
EMW-2023-FG-06997
Dear John Driscoll,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY) 2023 Assistance to Fireﬁghters Grant (FG) Grant funding opportunity has been approved in the amount of $63,550.67 in Federal funding. As a condition of this grant, you are required to contribute non-Federal funds equal to or greater than 10.0% of the Federal funds awarded, or $6,355.07 for a total approved budget of $69,905.74. Please see the FY 2023 FG Notice of Funding Opportunity for information on how to meet this cost share requirement.

Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award:

Summary Award Memo - included in this document
Agreement Articles - included in this document
Obligating Document - included in this document
2023 FG Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your oﬃcial ﬁle for this award.

Sincerely,

PAMELA WILLIAMS
Assistant Administrator, Grant Programs

ATTACHMENT A
20 Summary Award Memo
Program: Fiscal Year 2023 Assistance to Fireﬁghters Grant Recipient: STOCKTON, CITY OF
UEI-EFT: YV3KNQAKJLQ7
DUNS number: 004680919
Award number:

EMW-2023-FG-06997
Summary description of award
The purpose of the Assistance to Fireﬁghters Grant program is to protect the health and safety of the public and ﬁreﬁghting personnel against ﬁre and ﬁre-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Fireﬁghters Grant Program's purpose and was worthy of award.

Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2023 Assistance to Fireﬁghters Grant funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application.

Amount awarded table
The amount of the award is detailed in the attached Obligating Document for Award.

The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable):

ATTACHMENT A
21 Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justiﬁcations are provided for any diﬀerences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2023 FG NOFO.

Approved request details:

Equipment
Object Class Total
Personnel $0.00
Fringe beneﬁts $0.00
Travel $0.00
Equipment $55,905.74
Supplies $0.00
Contractual $0.00
Construction $0.00
Other $14,000.00
Indirect charges $0.00
Federal $63,550.67
Non-federal $6,355.07
Total $69,905.74
Program Income $0.00

ATTACHMENT A
22 IDLH Monitoring Equipment

DESCRIPTION
11 test and calibration systems to verify and adjust the accuracy of the gas detectors, including calibration gas cylinders which contain precise mixtures of gases used to calibrate gas detectors, and demand-ﬂow regulators to control the ﬂow of calibration gas from the cylinder to the gas detector during calibration ($3,40.92 each, $34,550.12 total) . This equipment will align SFD with OSHA's 29 CFR 1910.134 standard on respiratory protection and NFPA 1986 Standard on Respiratory Protection Equipment for Tactical and Technical Operations.

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
EquipmentCost 1 11 $3,140.92 $34,550.12
IDLH Monitoring Equipment

DESCRIPTION
19 Gas Detectors conﬁgured to detect the presence of hydrogen sulﬁde, oxygen, carbon monoxide, and the lower explosive limit ($1,123.98 each, $21,355.62 total). This equipment will align SFD with OSHA's 29 CFR 1910.134 standard on respiratory protection and NFPA 1986 Standard on Respiratory Protection Equipment for Tactical and Technical Operations.

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
EquipmentCost 1 19 $1,123.98 $21,355.62

ATTACHMENT A
23 Additional funding

DESCRIPTION
SFD is requesting $14,000 to fund training for all members that will use the equipment being requested including the gas detectors conﬁgured to detect the presence of hydrogen sulﬁde, oxygen, carbon monoxide, and the lower explosive limit and the test and calibration systems to verify and adjust the accuracy of the gas detectors, including the calibration gas cylinders which contain precise mixtures of gases used to calibrate gas detectors and the demand-ﬂow regulators to control the ﬂow of calibration gas from the cylinder to the gas detector during calibration.

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
OtherCost 1 1 $14,000.00 $14,000.00

ATTACHMENT A
24 Agreement Articles
Program: Fiscal Year 2023 Assistance to Fireﬁghters Grant Recipient: STOCKTON, CITY OF
UEI-EFT: YV3KNQAKJLQ7
DUNS number: 004680919
Award number:

EMW-2023-FG-06997
Table of contents

ATTACHMENT A
25 Article
1 Assurances, Administrative Requirements, Cost Principles, Representations, and Certiﬁcations
Article
2 General Acknowledgements and Assurances
Article
3 Acknowledgement of Federal Funding from DHS
Article
4 Activities Conducted Abroad
Article
5 Age Discrimination Act of 1975
Article
6 Americans with Disabilities Act of 1990
Article
7 Best Practices for Collection and Use of Personally Identiﬁable Information Article
8 Civil Rights Act of 1964 – Title VI
Article
9 Civil Rights Act of 1968
Article
10 Copyright
Article
11 Debarment and Suspension
Article
12 Drug-Free Workplace Regulations
Article
13 Duplicative Costs
Article
14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Article
15 E.O. 14074 – Advancing Eﬀective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Article
16 Energy Policy and Conservation Act
Article
17 False Claims Act and Program Fraud Civil Remedies
Article
18 Federal Debt Status
Article
19 Federal Leadership on Reducing Text Messaging while Driving Article
20 Fly America Act of 1974
Article
21 Hotel and Motel Fire Safety Act of 1990
Article
22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article
23 Limited English Proﬁciency (Civil Rights Act of 1964, Title VI) Article
24 Lobbying Prohibitions
Article
25 National Environmental Policy Act

ATTACHMENT A
26 Article
26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article
27 Non-Supplanting Requirement
Article
28 Notice of Funding Opportunity Requirements
Article
29 Patents and Intellectual Property Rights
Article
30 Procurement of Recovered Materials
Article
31 Rehabilitation Act of 1973
Article
32 Reporting of Matters Related to Recipient Integrity and Performance Article
33 Reporting Subawards and Executive Compensation
Article
34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Article
35 SAFECOM
Article
36 Terrorist Financing
Article
37 Traﬃcking Victims Protection Act of 2000 (TVPA)
Article
38 Universal Identiﬁer and System of Award Management
Article
39 USA PATRIOT Act of 2001
Article
40 Use of DHS Seal, Logo and Flags
Article
41 Whistleblower Protection Act
Article
42 Environmental Planning and Historic Preservation (EHP) Review Article
43 Applicability of DHS Standard Terms and Conditions to Tribes Article
44 Acceptance of Post Award Changes
Article
45 Disposition of Equipment Acquired Under the Federal Award Article
46 Prior Approval for Modiﬁcation of Approved Budget
Article
47 Indirect Cost Rate
Article
48 Award Performance Goals

ATTACHMENT A
27 Article 1 Assurances, Administrative Requirements, Cost Principles, Representations, and Certiﬁcations
I. Recipients must complete either the Oﬃce of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program and the DHS ﬁnancial assistance oﬃce (DHS FAO) may require applicants to certify additional assurances. Applicants are required to ﬁll out the assurances as instructed by the federal awarding agency.

Article 2 General Acknowledgements and Assurances
Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in eﬀect as of the federal award date and located at 2 C.F.R.

Part 200 and adopted by DHS at 2 C.F.R. § 3002.10. All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and staﬀ pursuant to 2 C.F.R. § 200.337. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal ﬁnancial assistance award and permit access to facilities and personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS oﬃcials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award speciﬁc terms and conditions, and/or federal awarding agency program guidance. V. Recipients must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receiving the Notice of Award for the ﬁrst award under which this term applies. Recipients of multiple federal awards from DHS should only submit one completed tool for their organization, not per federal award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active federal award, not every time a federal award is made. Recipients must submit the completed tool, including supporting materials, to [email protected]. This tool clariﬁes the civil rights obligations and related reporting requirements contained in these DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool | Homeland Security. The DHS Oﬃce for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension to the 30-day deadline if the recipient identiﬁes steps and a timeline for completing the tool. Recipients must request extensions by emailing the request to [email protected] prior to expiration of the 30-day deadline.

ATTACHMENT A
28 Article 3 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal award funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal award funds.

Article 4 Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals.

Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (codiﬁed as amended at 42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal ﬁnancial assistance.

Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codiﬁed as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.

Article 7 Best Practices for Collection and Use of Personally Identiﬁable Information
Recipients who collect personally identiﬁable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS deﬁnes PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual.

Recipients may also ﬁnd the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.

ATTACHMENT A
29 Article 8 Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codiﬁed as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, 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. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA
’s implementing regulations at 44 C.F.R. Part 7.

Article 9 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L.

No. 90-284 (codiﬁed as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, ﬁnancing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units
— i.e., the public and common use areas and individual
apartment units (all units in buildings with elevators and ground-ﬂoor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article 10 Copyright
Recipients must aﬃx the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work ﬁrst produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty- free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.

Article 11 Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.

ATTACHMENT A
30 Article 12 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).

Article 13 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal ﬁnancial assistance award terms and conditions.

Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) –
Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (codiﬁed as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the beneﬁts of, or be subjected to discrimination under any educational program or activity receiving federal ﬁnancial assistance. DHS implementing regulations are codiﬁed at 6 C.F.R. Part 17. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 19.

Article 15 E.O. 14074 – Advancing Eﬀective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and eﬀective policing.

Article 16 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codiﬁed as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy eﬃciency that are deﬁned in the state energy conservation plan issued in compliance with this Act.

ATTACHMENT A
31 Article 17 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801- 3812, which details the administrative remedies for false claims and statements made.)
Article 18 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and beneﬁt overpayments. (See OMB Circular A- 129.)
Article 19 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on oﬃcial government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of E.O. 13513.

Article 20 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certiﬁed air carriers can be found at: Certiﬁcated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation- policy/certiﬁcated-air-carriers-list)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

Article 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the ﬁre prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a.

ATTACHMENT A
32 Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute
– as it applies to DHS recipients, subrecipients,
and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.

Article 23 Limited English Proﬁciency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal ﬁnancial assistance take reasonable steps to provide meaningful access to persons with limited English proﬁciency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help- department-supported-organizations-provide-meaningful- access-people-limited and additional resources on http://www.lep.gov.

Article 24 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to inﬂuence, or attempt to inﬂuence an oﬃcer or employee of any agency, a Member of Congress, an oﬃcer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modiﬁcation.

Per 6 C.F.R. Part 9, recipients must ﬁle a lobbying certiﬁcation form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and ﬁle a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).

Article 25 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codiﬁed as amended at 42 U.S.C. § 4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulﬁll the social, economic, and other needs of present and future generations of Americans.

ATTACHMENT A
33 Article 26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneﬁciaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs.

Article 27 Non-Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose.

Article 28 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the Award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in eﬀect.

Article 29 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonproﬁt Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.

Article 30 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codiﬁed as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.

ATTACHMENT A
34 Article 31 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codiﬁed as amended at 29 U.S.C. § 794), which provides that no otherwise qualiﬁed handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the beneﬁts of, or be subjected to discrimination under any program or activity receiving federal ﬁnancial assistance.

Article 32 Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference.

Article 33 Reporting Subawards and Executive Compensation For federal awards that equal or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference.

ATTACHMENT A
35 Article 34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Recipients of an award of Federal ﬁnancial assistance from a program for infrastructure are hereby notiﬁed that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States
—this means all
manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States —this means
the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States
—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or aﬃxed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaﬀolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the ﬁnished infrastructure project but are not an integral part of the structure or permanently aﬃxed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. (a) When the Federal agency has determined that one of the following exceptions applies, the awarding oﬃcial may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in suﬃcient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Oﬃce. There may be instances where an award qualiﬁes, in whole or in part, for an existing waiver described at “ Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. Deﬁnitions The deﬁnitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference.

ATTACHMENT A
36 Article 35 SAFECOM
Recipients receiving federal ﬁnancial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA.

Article 36 Terrorist Financing
Recipients must comply with E.O. 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the E.O. and laws.

Article 37 Traﬃcking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government-wide ﬁnancial assistance award term which implements Traﬃcking Victims Protection Act of 2000, Pub. L. No. 106-386, § 106 (codiﬁed as amended at 22 U.S.C. § 7104). The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated by reference.

Article 38 Universal Identiﬁer and System of Award Management Recipients are required to comply with the requirements set forth in the government-wide ﬁnancial assistance award term regarding the System for Award Management and Universal Identiﬁer Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference.

Article 39 USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175
–175c.

Article 40 Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of ﬂags, or likenesses of DHS agency oﬃcials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of ﬂags, or likenesses of component oﬃcials.

Article 41 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections at 10 U.S.C § 470141 U.S.C. § 4712.

ATTACHMENT A
37 Article 42 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by:
the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. General guidance for FEMA ’s
EHP process is available on the DHS/FEMA Website at:
https://www.fema.gov/grants/guidance-tools/environmental-historic. Speciﬁc applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Oﬃcer to be put into contact with EHP staﬀ responsible for assisting their speciﬁc grant program. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA.

Article 43 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and ﬂow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

Article 44 Acceptance of Post Award Changes
In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be notiﬁed of the change in writing. Once the notiﬁcation has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please call FEMA Grant Management Operations at (866) 927-5646 or via e-mail to: ASK- [email protected] if you have any questions.

ATTACHMENT A
38 Article 45 Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state sub-recipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub- recipients must follow the disposition requirements in accordance with state laws and procedures.

Article 46 Prior Approval for Modiﬁcation of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simpliﬁed acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non- construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the ﬁrst Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval.

Article 47 Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award ﬁle.

Article 48 Award Performance Goals
FEMA will measure the recipient
’s performance of the grant by comparing the
number of items requested in its application, the numbers acquired (ordered, paid, and received) within the period of performance. In order to measure performance, FEMA may request information throughout the period of performance. In its ﬁnal performance report submitted at closeout, the recipient is required to report on the recipients compliance with the applicable industry, local, state and national standards described in the NOFO.

ATTACHMENT A
39 Obligating document

1. Agreement
No.

EMW-2023-FG-
06997

2. Amendment
No.

N/A

3. Recipient
No.
946000436

4. Type of
Action
AWARD

5. Control No.

WX03513N2024T

6. Recipient Name and
Address

STOCKTON, CITY OF
400 E MAIN ST FL 4
STOCKTON, CA 95202

7. Issuing FEMA Oﬃce and
Address
Grant Programs Directorate
500 C Street, S.W.

Washington DC, 20528-7000
1-866-927-5646

8. Payment Oﬃce and
Address
FEMA, Financial Services
Branch
500 C Street, S.W., Room
723
Washington DC, 20742

9. Name of Recipient
Project Oﬃcer
John Driscoll
9a. Phone
No.
2099378097

10. Name of FEMA Project
Coordinator
Assistance to Fireﬁghters
Grant Program
10a. Phone
No.
1-866-274-
0960

11. Eﬀective Date of
This Action
08/07/2024

12. Method of
Payment

OTHER - FEMA
GO

13. Assistance
Arrangement

COST SHARING

14. Performance
Period
08/14/2024 to
08/13/2026
Budget Period
08/14/2024 to
08/13/2026

15. Description of Action a. (Indicate funding data for awards or ﬁnancial changes)
Program
Name
Abbreviation
Assistance
Listings
No.

Accounting
Data(ACCS
Code)
Prior
Total
Award
Amount
Awarded
This
Action +
or (-)
Current
Total
Award
Cumulative
Non-Federal
Commitment
FG 97.044
2024-F3-
GB01 -
P410-xxxx-
4101-D
$0.00 $63,550.67 $63,550.67 $6,355.07
Totals $0.00 $63,550.67 $63,550.67 $6,355.07
b. To describe changes other than funding data or ﬁnancial changes, attach schedule and check here:

N/A

16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address)
This ﬁeld is not applicable for digitally signed grant agreements

ATTACHMENT A
40 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE

18. FEMA SIGNATORY OFFICIAL (Name and Title)
PAMELA WILLIAMS, Assistant Administrator, Grant Programs DATE
08/07/2024

ATTACHMENT A
41 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) 2023 ASSISTANCE TO

FIREFIGHTERS GRANT FOR THE PURCHASE OF IDLH EQUIPMENT

Firefighters are exposed to Immediately Dangerous to Life or Health (IDLH) environments during emergency response operations; and

IDLH monitoring equipment is used to detect when conditions exceed safety limits, allowing for timely evacuation or the implementation of necessary safety measures; and

IDLH monitoring equipment aligns with NFPA 1986 Standard on Respiratory Protection Equipment for Tactical and Technical Operations and the OSHA CFR1910.134 standard on respiratory protection; and

On March 7, 2024, the Stockton Fire Department (SFD) submitted an application to the 2023 Assistance to Firefighters Grant (AFG) program to procure IDLH monitoring equipment and training; and

On August 16, 2024, FEMA awarded 2023 AFG federal funds in the amount of $63,550.67 to SFD for the purchase of IDLH monitoring equipment and training; and

Acceptance of the 2023 AFG award requires a 10 percent local match of $6,355.07 for a total amount of $69,905.74; now, therefore,

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

1. The City Manager is authorized to accept grant funds from FEMA for the 2023 AFG in the amount of $63,550.67 to procure IDLH monitoring equipment and training.

2. The City Manager is authorized to appropriate $6,355.07 from the General Fund Grant Match Account for the 10 percent local match requirement; and

2. The City Manager is directed to make all necessary budget appropriation s for the purposes stated in the 2023 AFG Notice of Funding Opportunity (NOFO) and Award Package to complete the purchase of IDLH monitoring equipment and training.

//
//
42 3. 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 September 10, 2024 .

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

________________________________

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

43 City of Stockton
Legislation Text
File #: 24-0459, Version: 1
ACCEPT THE 2025 ANNUAL HEALTH BENEFITS REPORT AND ADOPT THE 2025 HEALTH PREMIUM RATES FOR THE CITY’S HEALTH PLANS

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

1. Accept the 2025 Annual Health Benefits Report for the City’s medical, dental, and vision plans;

2. Approve the 2025 Health Premium Rates for the City’s health plans; and

3. Authorize the City Manager or their designee to execute health benefit policies and plans to address the health care needs of the City’s employees.

Summary
Council is being asked to approve the 2025 Health Premium Rates (Attachment A) for employee benefit plans effective January 1, 2025. It is important to note that the employer contributions in this report are dependent upon the provisions of the Memoranda of Understanding (MOU) with the various bargaining units and the Unrepresented Management/Confidential and Law Employees Compensation Plan (Unrepresented Compensation Plan).

The 2025 Annual Health Benefits Report (Attachment B) prepared by Alliant Insurance Services, the City’s insurance broker, provides a comprehensive review of the renewal for health benefit plans that are offered to City employees, and calculates the premium rates for the upcoming plan year.

Premiums are trending upward nationally. The increase in costs is attributable to a combination of various factors impacting the market including inflation for goods and services, labor shortages, increased labor cost, increased demand for care, market trends and increased utilization. Premiums for other comparable public agencies within California are also trending up with increases as high as

23.5%.

Our current medical plans are seeing a significant increase in premiums for 2025. These rate increases reflect actual City of Stockton utilization reporting and usage as well as current market conditions.
· Kaiser POS increase +19.5%
· Kaiser HDHP increase +18.9%
· Kaiser HMO increase +19.0%
· Sutter HMO increase +18.0%
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· Sutter HDHP increase +18.9%
· Delta DHMO increase +0.5%
· Delta PPO decrease -0.2%
· VSP Vision decrease -6.3%
We recognize the importance of maintaining affordable benefits while ensuring their quality and comprehensiveness. We have worked with our insurance broker to negotiate with carriers and explore additional benefit plans to ensure that our offerings are both comprehensive and cost- effective. Based on this, we are recommending the removal of the Kaiser POS plan due to low enrollment and high premium cost, and the addition of two non-HSA HMO deductible options from Kaiser and Sutter. The addition of these two plans will provide employees with lower cost alternatives to the standard HMO.

DISCUSSION
Background
The City of Stockton has undergone significant benefit design and delivery changes to its health plans over the last several years due to strategic and financial decisions, the Affordable Care Act (ACA), and the general change of the benefits marketplace in the Stockton area.

Eligible employees have the option to enroll in a Kaiser or Sutter medical plan, an HMO or PPO Delta Dental plan, and a VSP vision plan.

Employees in the OE3 bargaining groups including the Operations and Maintenance Unit (O&M), Trades and Maintenance Unit (T&M), and the Water Supervisory Unit (WS) can enroll in the City’s plan or select one of the seven (7) additional health plan options available through the Operating Engineers’ Public and Miscellaneous Health and Welfare Trust Fund. Each year on January 1, the OE3 plan rates are established and set by the Board of Trustees of the Operating Engineers’ Public and Miscellaneous Health and Welfare Trust Fund. Currently, 23 employees participate in an OE3 plan. The employer contribution costs are budgeted and funded through the City’s Health Internal Service Fund (ISF). The administrative cost to manage these plans is $27.55 per employee per month. This administrative fee is paid for by the employees enrolled in these plans.

Present Situation
Fully Insured Medical Plans
The City is proposing to offer (6) fully insured medical plans:

1. Kaiser High Deductible Health Plan (Kaiser HDHP)

2. Kaiser Health Maintenance Organization (Kaiser HMO)

3. Kaiser HMO Deductible Plan (Kaiser HMOD) * New

4. Sutter High Deductible Health Plan (Sutter HDHP)

5. Sutter Health Plus (Sutter HMO)

6. Sutter Health Plus HMO Deductible Plan (Sutter HMOD) * New City of Stockton Printed on 9/5/2024Page 2 of 4
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The City is proposing to remove one (1) fully insured medical plan:

1. Kaiser Point of Service (Kaiser POS)
Enrollment as of June 30, 2024
1,323 full-time employees are enrolled in the following health plans:

PLAN EMPLOYEE’S ENROLLED
Kaiser HMO 589
Kaiser HDHP 189
Kaiser POS* 1
Sutter HMO 421
Sutter HDHP 123
*The (1) current enrollee in the Kaiser POS plan will not be impacted by the removal Health Plan Premiums
The following table shows the monthly insurance premium rates for January 1, 2025, through December 31, 2025:

Employee Only Employee + one Employee + family
Kaiser POS (removing) $2,028.65 $3,651.02 $4,867.78
Kaiser HDHP $790.07 $1,421.60 $1,895.20
Kaiser HMO $953.75 $1,716.21 $2,288.02
Kaiser HMOD (adding) $838.02 $1,507.89 $2,010.27
Sutter HMO $969.87 $1,745.39 $2,326.80
Sutter HDHP $827.27 $1,488.49 $1,984.40
Sutter HMOD (adding) $843.47 $1,517.89 $2,023.50
Dental HMO $19.84 $38.26 $83.55
Dental PPO $56.67 $113.32 $147.31
Vision $7.43 $14.87 $19.31
Employer Contributions
The monthly employer contribution rates for the upcoming fiscal year are dependent upon completed MOUs with bargaining units and the Unrepresented Compensation Plan. The FY 2024-2025 (effective July 1, 2024) employer contribution rates are:

TIER EMPLOYER CONTRIBUTION
Employee $725.00
Employee + 1 $1,316.00
Employee + Family $1,753.00
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The FY 2025-26 (effective July 1, 2025) employer contribution rates are:

TIEREMPLOYER CONTRIBUTION
Employee $740.00
Employee + 1 $1,342.00
Employee + Family $1,788.00

FINANCIAL SUMMARY
Implementation of health plan premium rates for medical, dental, and vision benefits are critical to the City’s efforts to maintain fiscal sustainability. The projected premium rates will be reflected in the FY 2024-2025 Health Internal Service Fund budget.

Attachment A - 2025 Health Premium Rates
Attachment B - 2025 Annual Health Benefits Report
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47 Cost of Coverage
Full-Time Employees (excluding SPOA members)
Effective 1/1/2025
Kaiser Permanente HMO Plan - Medical, Dental and Vision Tier with DHMO Dental Total Monthly
Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $981.02 $725.00 $256.02 $128.01
Employee + 1 $1,769.34 $1,316.00 $453.34 $226.67
Employee + Family $2,390.88 $1,753.00 $637.88 $318.94
Tier with DPPO Dental Total Monthly
Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $1,017.85 $725.00 $292.85 $146.43
Employee + 1 $1,844.40 $1,316.00 $528.40 $264.20
Employee + Family $2,454.64 $1,753.00 $701.64 $350.82
Kaiser Permanente DEDUCTIBLE HMO Plan - Medical, Dental and Vision Tier with DHMO Dental Total Monthly
Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $865.29 $725.00 $140.29 $70.15
Employee + 1 $1,561.02 $1,316.00 $245.02 $122.51
Employee + Family $2,113.13 $1,753.00 $360.13 $180.07
Tier with DPPO Dental Total Monthly
Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $902.12 $725.00 $177.12 $88.56
Employee + 1 $1,636.08 $1,316.00 $320.08 $160.04
Employee + Family $2,176.89 $1,753.00 $423.89 $211.95
Kaiser Permanente HDHP Plan - Medical, Dental and Vision Tier with DHMO Dental Total Monthly
Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $817.34 $725.00 $92.34 $46.17
Employee + 1 $1,474.73 $1,316.00 $158.73 $79.37
Employee + Family $1,998.06 $1,753.00 $245.06 $122.53
Tier with DPPO Dental Total Monthly
Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $854.17 $725.00 $129.17 $64.59
Employee + 1 $1,549.79 $1,316.00 $233.79 $116.90
Employee + Family $2,061.82 $1,753.00 $308.82 $154.41
Sutter Health Plus HMO Plan - Medical, Dental and Vision Tier with DHMO Dental Total Monthly
Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $997.14 $725.00 $272.14 $136.07
Employee + 1 $1,798.52 $1,316.00 $482.52 $241.26
Employee + Family $2,429.66 $1,753.00 $676.66 $338.33
Tier with DPPO Dental Total Monthly
Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $1,033.97 $725.00 $308.97 $154.49
Employee + 1 $1,873.58 $1,316.00 $557.58 $278.79
Employee + Family $2,493.42 $1,753.00 $740.42 $370.21
Sutter Health Plus DEDUCTIBLE HMO Plan - Medical, Dental and Vision Tier with DHMO Dental Total Monthly
Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $870.74 $725.00 $145.74 $72.87
Employee + 1 $1,571.02 $1,316.00 $255.02 $127.51
Employee + Family $2,126.36 $1,753.00 $373.36 $186.68
Tier with DPPO Dental Total Monthly
Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $907.57 $725.00 $182.57 $91.29
Employee + 1 $1,646.08 $1,316.00 $330.08 $165.04
Employee + Family $2,190.12 $1,753.00 $437.12 $218.56
Sutter Health Plus HDHP Plan - Medical, Dental and Vision Tier with DHMO Dental Total Monthly
Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $854.54 $725.00 $129.54 $64.77
Employee + 1 $1,541.62 $1,316.00 $225.62 $112.81
Employee + Family $2,087.26 $1,753.00 $334.26 $167.13
Tier with DPPO Dental Total Monthly
Employer Monthly
Contribution
Employee Monthly
Contribution
Per Paycheck
Deduction
Employee Only $891.37 $725.00 $166.37 $83.19
Employee + 1 $1,616.68 $1,316.00 $300.68 $150.34
Employee + Family $2,151.02 $1,753.00 $398.02 $199.01

ATTACHMENT A
48 Attachment B

ATTACHMENT B
49 ATTACHMENT B
50 ATTACHMENT B
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53 ATTACHMENT B
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57 ATTACHMENT B
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ATTACHMENT B
59 Inflation & supply
chain disruptions
A combination of inflation for
goods and services and labor
shortages have driven a

10.4% increase in health care
sector costs in 2022.1
Labor shortages
Hospitals and providers are
seeing labor costs increase at
every level. Total expenses per
adjusted discharge rose 3%
month over month and 7%
through October 2022.2
Increased demand
for care
Within Kaiser Permanente’s
system, we’ve seen
significant increases in care
volume, particularly
outpatient services.

Provider challenges
Health care providers
nationwide are facing
significant upward pressure on
the costs to deliver care. By
many accounts, 2022 was the
worst financial year for
hospitals in decades.3
The impacts of inflation, supply chain disruptions, historic labor shortages, and rebounds in care demand are creating economic challenges for the entire health care sector.

1. National Hospital Flash Report, Kaufman, Hall & Associates, LLC, June 2022. 2. “October's labor woes drive higher costs, worsened margins for hospitals:

Kaufman Hall” Fierce Healthcare, October 2022. 3. “Hospitals on Track for Worst Financial Year in Decades” Becker’s Hospital Review, October 2022.

ATTACHMENT B
60 ATTACHMENT B
61 ATTACHMENT B
62 ATTACHMENT B
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ATTACHMENT B
76 PPO UNDERWRITING FORECAST
Proposed Effective Date January 1, 2025
Proposed Contract Duration (Months) 12
Most Recent Month of Data March 2024 RENEWAL PROJECTION* Period Period 1 Period 2
Beginning Date (Historical Data) Apr 1, 2022 Apr 1, 2023 End Date (Historical Data) Apr 1, 2023 Apr 1, 2024
Months of Data 12 12
Current Premium / Funding Rate PEPM1 $113.44
Paid Claims2 $1,336,778 $1,327,192
Beginning IBNR Reserve ($109,752) ($111,398)
Ending IBNR Reserve $111,398 $110,599
Incurred Claims $1,338,424 $1,326,394
Historical Benefit Design Adjustment Factor 1.000 1.000 Adjusted Incurred Claims $1,338,424 $1,326,394
Annual Subscriber Lives 14,602 13,855
Adjusted Incurred Claims PEPM $91.66 $95.73
Annual Trend 1.5% 1.5%
Applied Trend Factor 1.042 1.026
Trended Claims PEPM $95.49 $98.26
Benefit Change Adjustment Factor 1.000 1.000
Projected Claims PEPM $95.49 $98.26
Period Blending Weight 20.0% 80.0%
Blended Projected Claims $97.71
Margin Adjustment3 1.50% $1.47
Fixed Costs
PRISM Delta Dental Admin Fee 6.70% $6.55
BCC Fee $0.75 $0.75
Program Management & UW Fee $0.50 $0.50
Additional Admin $4.28
Alliant Service Fee $2.00
Total Fixed Costs $14.08
Net Required Funding PEPM $113.25
Required Funding Change Percentage -0.16%
1 Current composite funding rate is based
on current period funding rates
2 Paid claims are for the time period
indicated at the top of each column
3 Margin is recommended in order to
provide a higher likelihood that suggested
funding rates are sufficient if actual
claims do not adhere to projections
* Projections are estimates and
do not represent guarantees

ATTACHMENT B
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ATTACHMENT B
78 Enrollment Premium Costs Paid
Month Employees Funding Rate Claims Admin Total Cost L/R 7/21 1,303 $153,973 $132,853 $17,237 $150,090 97.5%
8/21 1,296 $153,622 $99,151 $17,164 $116,315 75.7%
9/21 1,286 $152,779 $131,125 $17,046 $148,171 97.0%
10/21 1,294 $153,586 $113,139 $17,146 $130,285 84.8%
11/21 1,289 $153,247 $116,360 $17,091 $133,451 87.1%
12/21 1,278 $151,819 $117,202 $16,940 $134,142 88.4%
1/22 1,265 $149,922 $94,730 $16,753 $111,483 74.4%
2/22 1,263 $149,723 $112,659 $16,728 $129,387 86.4%
3/22 1,264 $149,442 $146,373 $16,724 $163,097 109.1%
4/22 1,263 $149,044 $112,810 $16,699 $129,509 86.9%
5/22 1,259 $148,799 $111,073 $16,656 $127,729 85.8%
6/22 1,262 $149,197 $137,237 $16,697 $153,935 103.2%
7/22 1,278 $142,248 $96,887 $22,521 $119,408 83.9%
8/22 1,220 $135,647 $112,462 $22,831 $135,293 99.7%
9/22 1,216 $134,973 $123,047 $23,480 $146,526 108.6%
10/22 1,212 $134,300 $92,017 $21,340 $113,357 84.4%
11/22 1,208 $133,627 $94,696 $21,459 $116,156 86.9%
12/22 1,203 $133,251 $114,364 $22,723 $137,087 102.9%
1/23 1,192 $131,651 $108,412 $22,169 $130,581 99.2%
2/23 1,187 $131,110 $121,124 $22,959 $144,083 109.9%
3/23 1,184 $130,988 $124,900 $23,184 $148,084 113.1%
4/23 1,185 $131,044 $104,267 $21,811 $126,078 96.2%
5/23 1,183 $130,591 $108,664 $22,070 $130,735 100.1%
6/23 1,180 $130,105 $128,500 $23,355 $151,855 116.7%
7/23 1,157 $130,951 $97,206 $21,010 $118,216 90.3%
8/23 1,153 $130,133 $134,570 $23,447 $158,016 121.4%
9/23 1,146 $129,509 $82,752 $19,895 $102,647 79.3%
10/23 1,136 $128,601 $85,077 $19,936 $105,012 81.7%
11/23 1,137 $128,601 $140,149 $23,633 $163,782 127.4%
12/23 1,141 $128,942 $103,043 $21,192 $124,235 96.3%
1/24 1,159 $131,348 $116,688 $22,349 $139,037 105.9%
2/24 1,157 $131,121 $130,531 $23,251 $153,782 117.3%
3/24 1,159 $131,121 $97,254 $21,036 $118,291 90.2%
PY 2021-2022 15,322 $1,815,152 $1,424,713 $202,881 $1,627,594 89.7% PY 2022-2023 14,448 $1,599,535 $1,329,340 $269,902 $1,599,242 100.0% 2023-2024 PYTD1 10,345 $1,170,326 $987,269 $195,748 $1,183,018 101.1% Rolling 12 13,893 $1,562,066 $1,328,701 $262,985 $1,591,686 101.9% $0
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Monthly Cost

0.0%

20.0%

40.0%

60.0%

80.0%
100.0%
120.0%
140.0%
Monthly Loss Ratio

ATTACHMENT B
79 ATTACHMENT B
80 ATTACHMENT B
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ATTACHMENT B
82 VISION UNDERWRITING FORECAST
Proposed Effective Date January 1, 2025
Proposed Contract Duration (Months) 12
Most Recent Month of Data May 2024 RENEWAL PROJECTION*
Period Period 1 Period 2
Beginning Date (Historical Data) Jun 1, 2022 Jun 1, 2023 End Date (Historical Data) Jun 1, 2023 Jun 1, 2024
Months of Data 12 12
Current Premium / Funding Rate PEPM1 $15.37
Paid Claims2 $207,139 $170,551
Beginning IBNR Reserve ($11,659) ($11,950)
Ending IBNR Reserve $11,950 $9,840
Incurred Claims $207,431 $168,441
Historical Benefit Design Adjustment Factor 1.000 1.000 Adjusted Incurred Claims $207,431 $168,441
Annual Subscriber Lives 16,845 16,464
Adjusted Incurred Claims PEPM $12.31 $10.23
Annual Trend 2.5% 2.5%
Applied Trend Factor 1.066 1.040
Trended Claims PEPM $13.13 $10.64
Network Change Adjustment Factor 1.000 1.000
Projected Claims PEPM $13.13 $10.64
Period Blending Weight 70.0% 30.0%
Blended Projected Claims $12.38
Margin Adjustment3 0.00% $0.00
Fixed Costs
Admin Fee $1.25
Additional City Admin $0.77
Total Fixed Costs $2.02
Net Required Funding PEPM $14.40
Required Funding Change Percentage -6.35%
1 Current composite funding rate is based
on current period funding rates
2 Paid claims are for the time period
indicated at the top of each column
3 Margin is recommended in order to
provide a higher likelihood that suggested
funding rates are sufficient if actual
claims do not adhere to projections
* Projections are estimates and
do not represent guarantees

ATTACHMENT B
83 $1.25 PEPM

ATTACHMENT B
84 Enrollment Premium Costs Paid
Month Employees Funding Rate Claims Admin Total Cost L/R 7/21 1,481 $23,205 $15,880 $2,910 $18,790 81.0%
8/21 1,446 $22,806 $18,434 $2,848 $21,282 93.3%
9/21 1,432 $22,645 $20,600 $2,823 $23,423 103.4%
10/21 1,444 $22,786 $20,854 $2,845 $23,699 104.0%
11/21 1,446 $22,821 $20,672 $2,849 $23,521 103.1%
12/21 1,445 $22,791 $18,023 $2,846 $20,869 91.6%
1/22 1,432 $22,514 $20,081 $2,817 $22,898 101.7%
2/22 1,428 $22,445 $16,564 $2,809 $19,373 86.3%
3/22 1,436 $22,450 $17,686 $2,819 $20,506 91.3%
4/22 1,435 $22,376 $20,884 $2,815 $23,699 105.9%
5/22 1,430 $22,330 $19,101 $2,806 $21,907 98.1%
6/22 1,423 $22,194 $16,692 $2,791 $19,483 87.8%
7/22 1,429 $21,529 $12,798 $2,808 $15,607 72.5%
8/22 1,402 $21,132 $22,262 $2,756 $25,018 118.4%
9/22 1,408 $21,160 $18,596 $2,765 $21,360 100.9%
10/22 1,395 $20,953 $20,841 $2,738 $23,580 112.5%
11/22 1,406 $21,003 $17,806 $2,755 $20,561 97.9%
12/22 1,410 $21,014 $17,952 $2,760 $20,712 98.6%
1/23 1,392 $20,754 $14,113 $2,725 $16,838 81.1%
2/23 1,394 $20,763 $20,048 $2,728 $22,776 109.7%
3/23 1,395 $20,786 $12,645 $2,730 $15,375 74.0%
4/23 1,396 $20,789 $17,739 $2,732 $20,471 98.5%
5/23 1,395 $20,726 $15,647 $2,728 $18,374 88.7%
6/23 1,396 $20,725 $15,064 $2,729 $17,793 85.9%
7/23 1,367 $21,181 $13,582 $2,731 $16,313 77.0%
8/23 1,379 $21,289 $18,333 $2,751 $21,085 99.0%
9/23 1,346 $20,862 $14,603 $2,690 $17,292 82.9%
10/23 1,347 $20,859 $16,103 $2,691 $18,793 90.1%
11/23 1,391 $21,451 $12,598 $2,774 $15,372 71.7%
12/23 1,376 $21,241 $15,673 $2,746 $18,419 86.7%
1/24 1,375 $21,251 $13,178 $2,745 $15,922 74.9%
2/24 1,369 $21,173 $12,003 $2,733 $14,736 69.6%
3/24 1,378 $21,273 $17,086 $2,749 $19,836 93.2%
4/24 1,393 $21,451 $12,783 $2,777 $15,559 72.5%
5/24 1,393 $21,417 $9,547 $2,775 $12,322 57.5%
PY 2021-2022 17,278 $271,363 $225,471 $33,978 $259,449 95.6% PY 2022-2023 16,818 $251,334 $205,511 $32,954 $238,465 94.9% 2023-2024 PYTD1 15,114 $233,447 $155,487 $30,163 $185,650 79.5% Rolling 12 16,510 $254,172 $170,551 $32,892 $203,443 80.0% $0
$5,000
$10,000
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6/23 7/23 8/23 9/23 10/23 11/23 12/23 1/24 2/24 3/24 4/24 5/24 Monthly Loss Ratio

ATTACHMENT B
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90 City of Stockton
Legislation Text
File #: 24-0801, Version: 1

ADOPT A RESOLUTION TO AUTHORIZE A CONTRACT WITH VALLEY LANDSCAPING & MAINTENANCE, INC. FOR LANDSCAPE SERVICES AT THE DELTA WATER TREATMENT PLANT

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 City of Stockton Delta Water Treatment Plant (DWTP) was dedicated on May 30, 2012, and includes a state-of-the-art water treatment plant located on approximately 60 acres north of Eight Mile Road. The DWTP grounds include a Water Conservation Garden with drought tolerant landscaping that is maintained to educate the public on the appropriate selection of water-saving plant varieties which also provides an attractive appearance that complements the facility and surrounding area.

If approved, this action will award a five (5) year contract to Valley Landscaping & Maintenance, Inc. of Lodi, CA, to perform landscaping services and regular maintenance at the DWTP in an amount not -to-exceed $173,700.

DISCUSSION
Background
The Delta Water Supply Intake Pump Station, located on the south bank of Empire Tract, withdraws water from the Sacramento-San Joaquin Delta. The water is treated at the DWTP and distributed to customers throughout north Stockton. The DWTP grounds include a Water Conservation Garden with drought tolerant landscaping that is maintained to educate the public on the appropriate selection of water-saving plant varieties which also provides an attractive appearance that complements the facility and surrounding area.

The site requires services to maintain various landscape elements that contributed to the facility earning a Leadership in Energy and Environmental Design (LEED) Gold Standard.

City of Stockton Printed on 9/5/2024Page 1 of 2
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91 File #: 24-0801, Version: 1
The City advertised a Request for Sealed Bids for Delta Water Treatment Plant Landscape Services, Project No. PUR 24-027, on February 22, 2024. Bids were solicited to establish prices and rates for potential on-call services.

On March 6, 2024, seven (7) firms attended a mandatory job walk. On March 28, 2024, the City Clerk received and opened the following four (4) submitted bids:

K&K JL Services, LLC Failed to provide price clarification Marina Landscape, LLC $398,400.00
New Image Landscape Co. $178,670.00
Valley Landscaping & Maintenance, Inc. $173,700.00
The bid submitted by Valley Landscaping & Maintenance, Inc. was the lowest bid, is regular in all aspects and meets the required specifications.

Valley Landscaping Inc. is the incumbent contractor for these services. The company is familiar with the specific planting maintenance requirements and has performed satisfactorily throughout the duration of the contract. If awarded, the contract will allow staff to continue to properly maintain the unique landscaping at the Delta Water Treatment Plant.

Staff recommends the City Council award a five-year contract to Valley Landscaping & Maintenance, Inc., for a total contract price of $173,700.

FINANCIAL SUMMARY
Funds are available in the Delta Water Production, Special Services account to cover the procurement of this service for FY 2024-25.

Funding for future contract costs will be requested each year as part of the annual budgeting process.

This action has no impact on the General Fund or any other unrestricted funds.

City of Stockton Printed on 9/5/2024Page 2 of 2
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92 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AWARDING A FIVE-YEAR CONTRACT TO VALLEY LANDSCAPING & MAINTENANCE, INC. FOR LANDSCAPE SERVICES AT THE DELTA WATER

TREATMENT PLANT

The City of Stockton Municipal Utilities Department Delta Water Treatment Plant is a state-of-the-art water treatment plant located on approximately 60 acres north of Eight Mile Road; and

The site requires services to maintain various landscape elements that contributed to the facility earning a Leadership in Energy and Environmental Design (LEED) Gold Standard; and

The landscape services needed include maintaining a Water Conservation Garden with drought tolerant landscaping that complements the facility and surrounding area; and

On March 28, 2024, City staff received four sealed bids for PUR 24-027 and Valley Landscaping & Maintenance, Inc., of Lodi, CA was determined to be the lowest responsive bidder; and
Staff recommends the City Council award a five (5) year contract for landscape maintenance at the Delta Water Treatment Plant to Valley Landscaping & Maintenance, Inc., for a total contract amount not-to-exceed $173,700; now, therefore,

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

1. A five (5) year contract for landscaping maintenance services for a total not- to- exceed amount of $173,700 between the City of Stockton and Valley Landscaping & Maintenance, Inc. is hereby awarded, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.

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93 2. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED September 10, 2024 .

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

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

94 EXHIBIT 1
95 1
(Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives
Contractor to perform landscaping services at Delta Water Treatment plant, located at 11373 N. Lower Sacramento, Stockton, CA 95242.

2. Project Scope

2.1 The Contractor shall, to provide a level of maintenance that will present the facilities in an attractive, desirable, neat, and trim appearance at all times. It is the intent to call for the highest level of quality in maintenance compatible with standard horticultural practices and modern techniques accepted by the industry.

The Contractor agrees to maintain all designated areas covered by these special provisions at this level. The Municipal Utilities Department Representative/Project Manager, Supervisors, and Director shall be the sole judge as to whether Contractor’s work conforms to the specifications.

2.2 The Contractor shall be an independent contractor and shall not for any purpose be deemed to be an employee, agent, or other representative of the City. The Contractor shall not assign, sublet, transfer, or otherwise substitute its interest in this work, or any of its obligations, without the prior written consent of the City.

2.3 The Contractor shall maintain the facilities by means of regular and scheduled watering, weeding, fertilizing, mowing, cultivation, trimming, edging, pruning, operation and maintenance of the irrigation system, regular trash/debris collection/disposal, all as described in Sections 8- 15, and any other operations necessary to keep the areas in an attractive, desirable, neat and trim appearance at all times.

2.4 The Contractor shall adhere to the schedule of frequency, as described in Sections 8-15.

2.5 The Contractor shall be responsible for any and all damage to any improvements and landscaping which is a result of the Contractor’s actions. The Contractor shall repair or replace any damaged improvement and landscaping to the satisfaction of the Municipal Utilities Department Representative/Project Manager, at no cost to the City.

2.6 The Contractor shall provide at their own risk, all labor, materials, supervision, tools, equipment, insurance, storage, transportation, hauling dumping, proper protection and all other items needed, or as directed to perform the work described in these special provisions.

2.7 The Contractor shall have knowledge and expertise with irrigation systems and be able to provide additional work such as irrigation repairs and replanting.

EXHIBIT 1
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(Rev. 10.30.18)

2.8 The Contractor and Contractor’s employee(s) shall wear a uniform which clearly identifies the Contractor’s company and the employee. Such uniform shall be consistent for all workers and shall be worn at all times while performing the work, as per this document. Said uniform shall be kept in a neat, clean and orderly manner. All Contractor’s maintenance vehicles, or vehicles of those persons representing the Contractor shall be in proper working order and in good state of repair. Also, such vehicle(s) shall clearly present the Contractor’s company name, address, and telephone number of a local office. Automobile insurance approved by the City’s Risk Services shall be valid for all vehicles used during the execution of the contract for the entire term and any extensions.

2.9 The Contractor shall perform work contemplated herein in a good and workmanlike manner to the satisfaction of the Municipal Utilities Department Program Manager. The Contractor shall cooperate with the Program Manager to enable determination of contract compliance. If any work does not meet the standards specified, the Contractor will be responsible for correcting such deficiencies within five (5) working days or as directed by the Program Manager.

Corrections shall be at no additional cost to the City of Stockton. The Contractor is expected to use additional personnel for corrections. There shall be no delay of regular maintenance to complete corrections.

2.10 The Contractor shall ensure supervision of all work crews at all times while performing work under contract agreement. Personal supervision is not required, providing that equipment or other means are provided which enables the work crews to communicate with the Contractor at all times. Each work crew shall have a designated person on the work site that has the authority to respond to inquiries from the Municipal Utilities Department Representative/Project Manager and any citizens about work details or priorities. This designated person shall be able to accurately and effectively communicate any information essential to the operation of the organization. The Contractor shall employ a sufficient number of staff to ensure performance of the work described. All work shall be performed by experienced staff directly employed by the Contractor. The Contractor shall provide management and technical supervision through competent supervisors, as required, to implement modern methods and newly developed horticultural procedures. The Contractor shall be responsible for the skills, methods, and actions of the Contractor’s employees and for all work.

2.11 All work shall be performed with the utmost concern for the safety of both the workers and the public.

2.12 The Contractor and their staff shall meet the following qualifications:
a) All landscaping services shall be performed by a person(s) with at least one (1) year of relevant landscaping experience, and directly employed and supervised by the Contractor.
b) Shall have at least two (2) years of relevant experience in landscape/grounds care maintenance of facilities similar in size and EXHIBIT 1
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(Rev. 10.30.18)
amenities to those on which Contractor has bid.
c) Shall have someone in their employ that can operate and troubleshoot problems with irrigation booster pumps.
d) Shall have adequate equipment and employ adequate staff to maintain the facilities.
e) Shall provide proof that any chemicals used in the performance of their duties have been approved for general use by the San Joaquin Department of Environmental Health. Any special permits required to use herbicides, pesticides, and/or fertilizers are the sole responsibility of the Contractor.

3. AWARD S

UBMITTAL

3.1 Within twenty one (21) calendar days after the award of the contract, the Contractor shall submit a work schedule showing the proposed dates, times, and locations of the maintenance work to be performed to the Municipal Utilities Department Representative/Project Manager. The Contractor shall not be allowed to commence work until a work schedule is submitted. Should the Contractor wish to later modify the schedule, a written request must be submitted to and approved by the Municipal Utilities Department Representative/Project Manager prior to the revised schedule becoming effective.

3.2 Attached to the monthly billing, the Contractor shall provide the Municipal Utilities Department Representative/Project Manager the following reports:
a) Completed maintenance checklist. Maintenance checklist shall be generally in the format as shown in Attachment A.
b) Any problems encountered and recommendations for resolution of problems outside the contract’s scope of services.
c) An accounting of disposal of waste generated by maintenance activities.

This accounting shall include the amount of material, type of material and where material was disposed, including copies of disposal tickets/receipts.

3.3 The Contractor shall submit certified delivery slips for all material(s) required to be supplied with the contract. On a monthly basis, the certified delivery slips shall be submitted to the Municipal Utilities Department Representative/Project Manager for verification. Materials shall be the best available. Upon request, samples of the material supplied shall be submitted to the Municipal Utilities Department Representative/Project Manager for review and approval.

4. INSPECTIONS
Staff from the Municipal Utilities Department will conduct regular inspections of Contractor’s work.

EXHIBIT 1
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(Rev. 10.30.18)

5. MEETINGS
At least once (1) each month, the Contractor shall meet with the Municipal Utilities Department Representative/Project Manager. The purpose of the meeting is to review the status of maintenance activities, conformance of the work to the specifications, discussing areas to be maintained, contractor’s work schedule, areas that need special attention or correction, and any difficulties the contractor may be experiencing. Failure to be available to meet with the Municipal Utilities Department Representative/Project Manager on a monthly basis will constitute a breach of contract. During this meeting, the Contractor is expected to report any and all conditions that may exist or occur which detract from the appearance of the landscaping or site improvements or that pose a potential threat to public health or safety or longevity of site improvements. Said reporting shall be done even if correction of the condition is not within the scope of service required of the Contractor.

6. MAINTENANCE TASKS
It is the intent of these special provisions that the Contractor provide a level of maintenance that will present the facilities in an attractive, desirable, neat and trim appearance at all times. It is expected that the Contractor will provide that level of maintenance by operations including, but not limited to, regular and continual mowing, trimming, pruning, regular operation/adjustments to the irrigation system, weeding, and blowing off debris. The Contractor is expected to provide the highest level of quality in maintenance compatible with standard horticultural practices and modern techniques accepted by the industry.

7. HOURS OF WORK
All maintenance work using equipment powered by an internal combustion engine, including, but not limited to mowers, blowers, edgers, and trimmers, is expected to be performed between the hours of 7:00 a.m. and 4:00 p.m.

8. SHRUBS, V

INES, GROUNDCOVER, AND SHRUB/FLOWER/PLANTER BEDS

MAINTENANCE

8.1 The Contractor shall keep the shrubs, vines, groundcover, and shrub/flower/planter beds, shown in Attachment C, in an attractive desirable, neat, trim and weed- free appearance at all times. It is expected that the Contractor shall provide that level of maintenance by operations including but not limited to continual and regular trimming, pruning, and regular operation/adjustments to the irrigation system.

8.2 Excessive water run -off or saturated/flooded areas will not be permitted.

Contractor is expected to modify irrigation schedule to accommodate changes in seasons and weather conditions. The application is to be slow enough for the water to soak-in, rather than run- off. The Contractor is expected to provide the EXHIBIT 1
99 5
(Rev. 10.30.18)
highest level of quality in maintenance compatible with standard horticultural practices and modern techniques accepted by the industry.

8.3 Trimming, pruning, and thinning of shrubs is expected to be done approximately once a week from early spring to early fall, and once a month from early fall to early spring. Trimming/pruning may have to be performed more often to keep the plant material in conformance with these specifications.

8.4 Shrubs, vines, and ground cover planted adjacent to fences, buildings, walls pedestal-type utility enclosures, or other vertical elements shall be kept trimmed/pruned so that branches do not rub or become entangled in the feature.

A clear path to any feature requiring routine access shall also be maintained.

8.5 The Contractor may use growth regulators and shall obtain permission from the Municipal Utilities Department Representative/Project Manager prior to use.

8.6 All shrubs, vine, ground cover, and planter/flower beds shall be kept in a weed- free state. All weeds and foreign growth must be removed as soon as it appears.

The Contractor shall remove/destroy/kill all weeds within the areas to be maintained including adjoining sidewalks, curbs and gutters. See Attachment E for example. The Contractor shall remove any dead plant material. All shrub and flower beds shall be maintained in a weed- free state. Weeds shall be removed at the first sign of growth using proper horticultural techniques and weeding tools so that desired plant material is not damaged.

8.7 All material generated during trimming/pruning operations shall be removed from the site by the end of the workday. Disposal of removed plant materials, especially diseased or infested specimens, shall be done in accordance with all applicable laws, codes, regulations, and these special provisions.

8.8 Volunteer plant material, including but not limited to shrubs, vines, trees, palms, etc., that exist as a result of natural or volunteer growth and not intentionally planted as part of the landscaping shall be removed. Any of this natural or volunteer growth is to be pruned, removed and the stump treated with herbicide to prevent re-growth.

8.9 Ground cover/planter areas shall be fertilized twice each year. Fertilizer is to be applied in the spring and fall each with exact date to be adjusted based upon weather conditions. Kellogg’s triple 6 (6-6-6) or approved equal shall be applied at the rate of two (2) pounds of actual nitrogen per 1,000 square feet. Follow all manufacturer instructions.

8.10 Dead flower material shall be removed as needed and with care as not to remove any new buds.

8.11 At the end of each season, perennials shall be cut back to ground level after the foliage had died back.

8.12 All annual flowers shall be removed, if damaged by frost. The bed shall then be raked level and all debris removed and disposed of by the Contractor.

EXHIBIT 1
100
6 (Rev. 10.30.18)

8.13 Bushes shall be kept trimmed/pruned at all times, not to exceed a height of four feet.

8.14 Shrubs shall be kept trimmed/pruned at all times to:
a) at least six (6) inches behind the back of all sidewalks, b) at least six (6) inches from any header board or concrete mow band defining a shrub or planter bed,
c) at least six (6) inches from the face of any masonry fence/back-up wall, and d) at least six (6) inches below the top of any fence/back-up wall.

8.15 Shrubs in the median islands shall not be allowed to grow higher than thirty (30) inches above the median curb. Shrubs shall be kept trimmed so they do not interfere with the operation of the irrigation system. Shrubs planted adjacent to fences, buildings, walls, pedestal -type utility enclosures, or other vertical elements shall be kept trimmed/pruned so that branches do not rub or become entangled in the feature. A clear path to any feature requiring routine access shall also be maintained. All trimming/pruning shall conform to the Western Chapter of the International Society of Arboriculture standards.

8.16 Vines that are incorporated into landscaping shall be kept trimmed at all times so they do not extend more than four (4) inches from the face of fence/back -up wall and shall be kept trimmed to the bottom of the capstone of the fence/back - up wall; or if the re is no capstone, kept trimmed to six (6) inches below the top of any fence/back-up wall. Vines shall be kept trimmed so they do not grow into the adjacent ground cover, shrubs, trees or any other plant material. Vines that have grown into the adjacent ground cover, shrubs, trees or any other plant material shall be removed. Vines shall be kept trimmed so they do not interfere with the operation of the irrigation system. Vines planted adjacent to fences, buildings, walls, pedestal-type utility enclosures, or other vertical elements shall be kept trimmed/pruned so that they do not rub or become entangled in the feature. A clear path to any feature requiring routine access shall also be maintained.

8.17 Ground cover shall be kept trimmed/pruned so it does not extend over sidewalks, pathways, and curbs at any time. Ground cover shall be kept trimmed back from hard-surfaced materials, header boards, shrubs, trees, and utility/equipment enclosures. Ground cover shall be kept trimmed to a height of twelve (12) inches or less. Ground cover shall be kept trimmed so as not to interfere with the operation of the irrigation system. Ground cover planted adjacent to fences, buildings, walls, pedestal type utility enclosures or other vertical elements shall be kept trimmed/pruned so that branches do not rub or become entangled in the feature. A clear path shall be maintained to any feature requiring routine access.

8.18 All ground covers shall be mowed annually if required by the type of plant material.

EXHIBIT 1
101
7 (Rev. 10.30.18)

9. ELDERBERRY BUSH MAINTENANCE
Upon Contract award, the Contractor should inspect all elderberry bushes, photos in Attachment D, at specified locations. Due to environmental regulations for the Valley Elderberry Longhorn Beetle (protected beetle), a pre-trim inspection of the elderberry bushes must be completed to ensure no evidence of the protected beetle was observed. Any evidence of the protected beetle observed needs to be photographed and reported to City staff (Program Manager I – Water). All elderberry bushes shall be maintained (trimming branches less than 1 inch.) Contractor shall contact the Program Manager for any additional information or clarification.

10. TREES AND TREE WELLS

10.1 Upon contract award, the Contractor should inspect all trees for existing damage prior to conducting any work activity in the facilities. Observed tree damage shall be documented by Contractor in writing to the Municipal Utilities Department Representative/Project Manager.

10.2 All trees shall be irrigated to maintain a healthy and vigorous appearance at all times. Excessive water run-off or flooded tree-wells will not be permitted.

10.3 The contractor shall re- tie trees as necessary. The Contractor shall inspect all trees after wind and rainstorms to determine if any damage has occurred. Broken branches shall be pruned. Stakes shall be straightened and adjusted. Broken ties shall be replaced as necessary so that the tree trunk is in a plumb, vertical condition. Contractor shall contact the Program Manager or the Municipal Utilities Department Representative/Project Manager regarding all observed tree damage and any tree(s) that require re- staking. If the tree stake(s) is/are not broken, Contractor is expected to re- set stakes and re -tie tree. If stakes are broken, Contractor shall contact the Municipal Utilities Department Representative/Project Manager for direction.

10.4 The Contractor shall trim and/or remove any low -hanging branch(es) over sidewalks in order to provide a minimum of seven (7) feet vertical clearance for pedestrian passage. The Contractor shall immediately trim any tree branch(es) that obstruct any traffic control sign(s). Major tree trimming/pruning is not included in this work.

10.5 Tree wells shall be kept weed- free at all times. Tree-wells are defined as those areas adjacent to trees, shrub beds, and other purposefully planted landscape areas in which all plant growth is removed, and a protective covering of organic substances is placed (to prevent evaporation of moisture, control weed growth, prevent mechanical damage to landscape and for aesthetic reasons). The Contractor shall maintain a minimum of three (3) foot diameter clear area around each tree. Please see Attachment E for an example.

10.6 The Contractor shall remove all sucker growth from the base of all trees within the project area when growth is taller than eight (8) inches. Sucker growth is EXHIBIT 1
102
8 (Rev. 10.30.18)
defined as the incidental, vegetative growth arising from the bases and lower trunk areas of trees, which are not essential to the overall well-being of the plant.

10.7 Trees shall be fertilized two times per year with a balanced fertilizer such as Best PRO BALANCE 15 -15-15 or approved equal type. Follow all manufacturer instructions.

11. UNDERDEVELOPED AREAS/BARE SOIL AREAS

11.1 The Contractor shall inspect all underdeveloped/bare soil areas at each visit to ensure the area is free of weeds and voids. Contract shall mow undeveloped areas, a 70- acre parcel, twice a year, once in early summer and once in early fall. See Attachment F for photo. Summary of completion shall be submitted to the Municipal Utilities Department Representative/Project Manager with the Contractor’s monthly billing.

11.2 The Contractor shall use caution if mowing vegetation over and/or around existing grade level enclosures, utility vaults, irrigation heads, valve boxes, etc., or other features and plants and trees within the turf area. If the mower damages any such features, the contractor shall promptly notify the Municipal Utilities Department Representative/Project Manager and repair the damage to the satisfaction of the Municipal Utilities Department Representative/Project Manager.

11.3 Weeding may be done manually or by using selective weed killers or pre- emergent sprays. If the Contractor uses chemical methods to control weeds, the Contractor shall only do so upon receiving a written recommendation from a Licensed Pesticide Control Advisor and with prior approval from the City for each application. The Contractor shall follow all manufacturer directions for application and re- entry times. The Contractor shall exercise extreme care in the use of selective weed killers so as not to damage any other plants. The Contractor shall not allow any chemicals to drift beyond the area boundaries. Should non- target turf or shrubs be damaged by the Contractor’s application, the Contractor shall replace all damaged plant material with the same plant material that is the same size as that damaged.

11.4 The entire perimeter of fence surrounding property shall be kept free of weeds.

Please see Attachment E for photo. Areas between fence lines and curbs/curb lines, areas between fence lines and roads/walkways, and tree wells shall be kept free of weeds.

11.5 All plant growth in cracks, seams and/or joints of paved areas such as sidewalks, curbs, curb gutters, catch basins adjacent to the facility, seam between gutter and street paving, and driveways shall be cut down to the pavement surface during the completion of each mowing cycle. The use of herbicides to control such growth is also permitted. Herbicide usage must be in compliance with the State of California Department of Pesticide Regulations. Please see Attachment EXHIBIT 1
103
9 (Rev. 10.30.18)
E for an example.

11.6 Trimming shall be performed concurrently with mowing operations. All structures, trees, poles, tables, signs, fences, and shrub beds are to be trimmed closely.

Special care shall be given to trimming around trees, so as not to inflict damage to the bark of the trees. All trimming shall be accomplished maintaining the required cutting height. Trimming can be reduced by chemical edging, with prior approval of the assigned Municipal Utilities Department Representative/Project Manager. Do not “dish out” ground around sprinkler heads.

11.7 All bare soil areas and non- turf/undeveloped/unimproved areas within the facilities shall be maintained clean and free of all trash, weeds, and debris.

12. IRRIGATION/IRRIGATION SYSTEM MAINTENANCE

12.1 At each visit, the Contractor shall operate and inspect the irrigation system to check for proper operation. Should the system not be operating properly, the Contractor shall notify the Municipal Utilities Department Representative/Project Manager if repai r exceeds $200. If damaged components are discovered, and repairs exceed $200, Contractor shall notify the Municipal Utilities Department Representative/Project Manager for approval to repair/replace the affected components. If repairs do not exceed $200, repairs are to be made by Contractor and details of repair are to be listed on monthly invoice.

12.2 Any vandalism of the irrigation system shall be reported to the project manager if the project manager isn’t available must be reported to a program manager.

Clara Isho (209 341-9093 and Danny Trejo (209) 937-8782.

12.3 The Contractor shall regularly monitor and adjust the irrigation system and controller operation to prevent overspray, excessive run- off, pooling, ponding, saturating areas, and over -watering. All planted areas, trees, and underdeveloped areas shall follow a planned watering schedule differing only as required by the season of the year. Contractor shall adjust and improve the schedule according to weather conditions and season. The Contractor should not wait for direction from the Program Manager or the Municipal Utilities Department Representative/Project Manager concerning this. The Contractor shall advise the Program Manager or Municipal Utilities Department Representative/Project Manager when changes are made to the watering schedule. If City requests changes to irrigation programming/scheduling, the Contractor shall comply with the request. It should be noted that the Contractor is expected to regularly monitor and adjust the irrigation system and not rely on the City to provide direction. If the City continually has to direct/ask the Contractor to monitor and adjust the irrigation system, this can be considered as Contractor not diligently executing the contract and may be considered grounds for terminating the contract.

13. LITTER/DEBRIS REMOVAL
EXHIBIT 1
104
10 (Rev. 10.30.18)
At each visit, the Contractor shall collect, remove, and properly dispose of all litter and debris at each location designated as “Full Service,” and as designated for all other locations. Litter/debris removal means the collection and proper disposal of all debris such as paper, cans, bottles, broken glass, rocks, trash, and all fallen leaves/needles regardless of whether the leaves/needles are a result of any maintenance activity. Removal of litter/debris includes the sweeping or blowing off of all hard surface areas within the facilities, such as sidewalks and driveways. All litter/debris collected must be removed from the facility. The Contractor is responsible for the proper disposal of all materials collected.

14. I

NSECTICIDES, PESTICIDES,HERBICIDES, FUNGICIDES, AND FERTILIZERS

14.1 The Contractor shall analyze plant problems and apply correct types and rates of fertilizers, insecticides, fungicides and herbicides.

14.2 The Contractor shall obtain a written recommendation from a Licensed Pesticide Control Advisor in accordance with the State of California Department of Pesticide Regulations for the application of any insecticides, pesticides, herbicides, fungicides, and/or fertilizers. Prior to the application of any the above, the Contractor shall provide the Municipal Utilities Department Representative/Project Manager a written proposal of application date and time and a copy of material Safety Data Sheet (SDS) of any insecticides, pesticides, herbicides, fungicides, and/or fertilizers. Contractor shall provide such notice at least two (2) working days prior to the proposed application.

14.3 Any landscaping damaged by the Contractor’s misapplication of insecticides, pesticides, herbicides, fungicides, and/or fertilizers shall be replaced at the Contractor’s expense.

14.4 For all applications, the Contractor shall provide a written report to the Program Manager or the Municipal Utilities Department Representative/Project Manager of application date(s), location(s), applicator’s name, license number under which the operator was operating, brand name(s), and amount(s) of material(s) applied.

15. RODENT CONTROL
The Contractor shall notify the Program Manager or the Municipal Utilities Department Representative/Project Manager upon noticing any evidence of rodents.

16. CORRECTIVE ACTIONS
If there are parts of the Contractor’s work that do not conform to the specifications, the Contractor will be notified by email, and/or letter of any need for corrections. Any form of notification shall be valid. If the Contractor fails to correct any defi ciencies within five (5) working days, the City may arrange to have the deficiencies corrected and deduct the cost to correct the deficiency from the amount due to the Contractor.

EXHIBIT 1
105
11 (Rev. 10.30.18)
Corrections shall not interrupt or delay regularly scheduled service. The Contractor shall provide written confirmation within one (1) day of the completion of work.

Confirmation may be by email, or personal delivery to the Delta Water Treatment plant, located at 11373 N. Lower Sacramento, Stockton, CA 95242.

17. CITY’S REPRESENTATIVES
A representative from the Municipal Utilities Department will manage/administer this contract. The Department Representative/Project Manager has the authority to act on behalf of the Municipal Utilities Department and the City.

18. Contract Period
For a period of Five (5) years.

19. Specifications
Work performed shall be completed in accordance with Attachment A – Maintenance Checklist

20. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor:

Valley Landscaping
Don Oliver
12900 N Lower Sacramento Road
Lodi, CA 95242
City:

City of Stockton
Attn: Program Manager I
11373 N. Lower Sacramento Road
Lodi, CA 95242

21. Key P ersonnel
Clara Isho
Program Manager I
Water Division
Municipal Utilities Department

22. Option to Renew
There is no option to renew.

EXHIBIT 1
106
REV 2022-05-17

Exhibit B:

Insurance Requirements
(Landscape Services)

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 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

4. Contractors Pollution Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $1,000,000 aggregate per policy period of one year.

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

Other Insurance Provisions

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

EXHIBIT 1
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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.

endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions

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

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

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

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

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

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

EXHIBIT 1
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REV 2022-05-17

Verification of Coverage

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

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

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

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

Certificate Holder Address

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

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

EXHIBIT 1
110
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

EXHIBIT C

GENERAL T

ERMS AND CONDITIONS

1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.

2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1 Invoi
ces submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.

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

4. Sufficiency of Contractor ’s Work . All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor ’s work sh all be adequate and sufficient to meet the purposes of this Agreement.

5. Ownership of Work . All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 EXHIBIT 1
111
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final deliver y to the City, the Contractor shall replace them at its own expense.

Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contrac tor to comply with the time limit s described in Exhibit A and Exhibit F may result in economic or other losses to the City.

7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.

8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor’s Status.

9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 EXHIBIT 1
112
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24RM)
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Con tractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.

9.4 It is further understood and agreed that Contractor must issue W -2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.

10. Subcontractor.

10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall
be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City
for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

10.2 If in the performance
of this Agreement any third persons are employed by
Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or r
equirement of law shall be determined by Contractor.

10.3 It is further understood and agreed that all Subcontractors must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Subcontractors personnel.

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 3 EXHIBIT 1
113
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party ’s option, may terminate this Agreement by giving written notification to the other party.

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.

12. Non-Assignability. The Contractor s hall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City m ay set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.

13. Indemnity and Hold
Harmless. To the fullest extent permitted by law,
Contractor shall hold harmless, defend
and indemnify City of Stockton and
its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, cos
ts (including without limitation costs and
fees of litigation) of every
nature arising out of or in connection with
Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in
this agreement, except such loss or damage
which was caused by the
sole negligence or willful misconduct of the City
of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance
obligations contained in this agreement.

These obligations shall survive the completion or termination of this agreement.

14. Insurance. During
the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this A
greement and shall otherwise comply with the
other provisions of
Exhibit B to this Agreement.

15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addr
essed in Exhibit A to this Agreement.

16. Conformance to Applicable Laws
. Contractor shall comply with all
applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement
on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 EXHIBIT 1
114
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

17. Licenses, Certifications and Permits . Prior to the City ’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.

18. Records and Audits . Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

20. Conflicts of Interest . Contractor covenants that other than this Agr eement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any m anner of degree by the performance of Contractor ’s services under this Ag reement. If such an interest arises, Contractor shall immediately notify the City.

21. Waiver . In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.

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

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the Cit y or for any amount due Contractor.
5 EXHIBIT 1
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(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non- discrimination and equal opportunity, including without limitation the City ’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial

assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

26. Force Majeure. Neithe r party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a for ce majeure event, and to use diligent efforts to re- commence performance as promptly as commercially practicable.

27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
6 EXHIBIT 1
116
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorn eys or the opportunity to seek such advice.

30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
7 EXHIBIT 1
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1 (Rev. 07.12.22)

EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.

1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.

2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.

2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.

3. Time for Performance.

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

3.2 Timeliness of Performance i) Contractor shall provide the S ervices, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other EXHIBIT 1
118
2 (Rev. 07.12.22)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

4. Standard of Performance

In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

4.1 Contractor’s S ervices shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by member s of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards . By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.

4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its s ubcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.

5. Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed EXHIBIT 1
119
3 (Rev. 07.12.22)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compens ation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Personnel

6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.

6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds fo r termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all t axes incurred as a resul t of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

6.3 Key Personnel : Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key p ersonnel without the written consent of the City, which consent the City wi ll not unreasonably withhold. "key p ersonnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the term s of this Agreement. A list of k ey personnel is found in Exhibit A, Scope of Services.

7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.

EXHIBIT 1
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4 (Rev. 07.12.22)

8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.

10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the C ity determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.

Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.

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

EXHIBIT 1
121

1 (Rev. 10.30.18)

EXHIBIT E

COMPENSATION SCHEDULE

The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $__$173,700.00__ (hereafter the “not to exceed” amount ). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A , C, and D ( Compensation), shall be compensated to the Contractor.

Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii .

Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be re imbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:

i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost.

ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost.

iii. Travel expenses shall be reimbursed in accordance with the C ity’s travel policy, which is incorporated herein by reference. Reimbursement shall be made at actual costs with no markup added to the actual cost.

1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.

Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

EXHIBIT 1
122

2 (Rev. 10.30.18)

1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.

1.5 Subcontractor Costs: Compensation for sub contractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed __N/A_%.

2. Task Price . Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.

Section Task Cost per
Service

2.5.2 Shrubs/vines/groundcover & Shrub, Flower,
Planter Bed Maintenance $895.00/Month

2.5.3 Elderberry Bush Maintenance $140.00/Month

2.5.4 Trees and Tree Wells $165.00/Month

2.5.5 Underdeveloped/Bare Soil Areas Maintenance $875.00/Month

2.5.6 Irrigation System Maintenance $375.00/Month

2.5.7 Litter/Debris Removal $175.00/Month

2.5.8 Insecticides, Pesticides, Herbicides, Fungicides, and Fertilizers $270.00/Month

3. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.

Hourly Billable Rate Schedule

Title

Role on Project
Hourly
Billable
Rates
N/A $

4. Additional Fees. Should an amendment to the Agreement be issued for additional services that require the following items, the unit prices are as follows:

Title Unit Price
N/A $

EXHIBIT 1
123

3 (Rev. 10.30.18)

5. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:
[email protected]

EXHIBIT 1
124

SCOPE OF WORK

Attachment A

WORK RECORD SUMMARY/LANDSCAPE MAINTENANCE CHECKLIST
Place a check mark by each item completed:

 Meeting with Inspector
 Remove litter, leaves, and debris from site
 Weeds
 Inspect/remove weeds from roads on both sides
 Inspect/remove weeds from Parking lot, curbs, and gutters  Inspect/remove weeds from fence perimeter
 Inspect/remove weeds from sidewalks and walkways
 Shrub/planter bed maintenance
 Trim shrubs
 Trim groundcover
 Remove spent annual flowers
 Remove weeds
 Remove foreign growth
 Tree Maintenance
 Remove any broken branches from trees.
 Retie trees
 Re-stake trees
 Remove sucker growth from tree trunks.
 Remove weeds
 Irrigation system checked.
 Irrigation controllers adjusted for current water needs/weather conditions  Check for and report any wall damage to Inspector
 Check for and report any rodent activity to Inspector  Additional, extra, or specified work performed: (describe)

Checked by: (print
name)

S i g n a t u r e : D a t e :

EXHIBIT 1
125

SCOPE OF WORK

Attachment C – Shrubs

All areas highlighted have shrubs, vines, groundcover, and shrub/flower/planter beds that require maintenance
EXHIBIT 1
126

SCOPE OF WORK

Attachment D – Elderberry Maintenance
 Because Valley Elderberry Longhorn Beetle larvae bore into elderberry stems, the following regulations apply to any elderberry plants within the Central Valley range of the beetle (US FWS 2017):
 Pruning or cutting of stems and plants: Elderberry stems larger than 1 inch in diameter may not be cut from the plant or removed from the site, and therefore plants with 1-inch stems or larger cannot be removed.
 Timing of trimming: Any required trimming (of stems less than 1 inch in diameter) should occur between November and February.

The following images below are of the elderberry bushes on site:

The pictures below are NOT elderberry:

EXHIBIT 1
127

SCOPE OF WORK

Attachment E – Weed Control

Roads, sidewalks, curbs,
and gutters should be
inspected and removed at
every visit. Roads must
have a 3-foot clearance of
weeds on both sides.
3 feet
Weeds need to
be inspected and
removed at each
visit
EXHIBIT 1
128

SCOPE OF WORK

Attachment E – Continued

This area around the tree
should be trimmed and
cleared
EXHIBIT 1
129

SCOPE OF WORK

Attachment E – Continued
The entire perimeter of fence should be inspected for weeds and removed at each visit.

EXHIBIT 1
130

SCOPE OF WORK

Attachment F – Underdeveloped areas/Bare Soil Mowing

EXHIBIT 1
131
City of Stockton
Legislation Text
File #: 24-0827, Version: 1

ADOPT A RESOLUTION TO AUTHORIZE A CONTRACT WITH BADGER DAYLIGHTING CORP

FOR REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES

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

1. Approve the Specifications and Addenda for Regional Wastewater Control Facility Process Cleaning Services (PUR 24-037) (Exhibit 1 to the Resolution).

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

Summary
The Municipal Utilities Department (MUD) Regional Wastewater Control Facility (RWCF) Modifications Project included the construction of new processes, installation of new equipment, and other improvements such as conveyance pipelines and pump wet wells that require the use of specialized equipment to clean and maintain. Specialized cleanout equipment is needed to reach greater depths than current MUD Vactor truck equipment can effectively perform.

Staff recommends awarding a five-year contract for RWCF Process Area Cleaning services to Badger Daylighting Corp for the not-to-exceed amount of $3,311,000.

DISCUSSION
Background
The RWCF Modifications Project includes new processes, equipment, and areas that require specialized equipment for maintenance that is beyond the scope of City resources. Historically, many of these areas were maintained by City staff, whose equipment could pump materials from depths up to 30 feet. However, the RWCF Plant Modifications Project added infrastructure at depths greater than 30 feet, which is beyond the lifting capacity of existing equipment. For these areas, specialized equipment is needed to supplement staff resources to properly maintain plant equipment.

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File #: 24-0827, Version: 1
Present Situation
Project PUR 24-023 was initially bid on January 22, 2024, and bids were opened on March 7, 2024.

There were inconsistencies in the responses related to the costs for providing pumping services at depths greater than 30 feet, which led to the bids being canceled.

On April 15, 2024, the MUD readvertised an Invitation to Bid for the RWCF Process Cleaning Services, PUR 24-037, in the Stockton Record and on the City's Bid Flash page. The MUD used a conventional bidding process including specifications for RWCF Process Cleaning Services.

The scope of work included further information on the various areas where services may be required, including heights and depths to access these areas. In addition, staff requested pricing for hourly and daily services for equipment and laborers as well as any additional equipment necessary to lift material from depths greater than 30 feet.

A pre-bid conference was held on April 23, 2024, with two prospective bidders attending. An optional pre-bid conference was held on May 7, 2024, with two prospective bidders attending. On Thursday, May 30, 2024, three (3) sealed bids were received by the City Clerk from the following companies:

Company Location Bid Amount
Badger Daylighting Corp Brownsburg, IN $575,747.64
Pipe and Plant Solutions San Leandro, CA $608,283.00
APS Environmental, Inc. North Highlands, CA $640,294.00 The amounts shown on the bid schedule reflect the costs of a potential scenario of process area cleanings over the period of one year. The potential scenario estimated the number of hours and days each area would require to be cleaned. The estimate assumed eight (8) hour workdays and a support truck, additional hose, and additional pumps. Several of the areas to be cleaned in the scenario included cleanings of depths greater than 30 feet and associated costs. The five (5) year cost includes a fifteen (15) percent contingency (rounded to the nearest thousand) and not-to-exceed amount of $432,262 since costs are based on potential clean out scenarios. Badger Daylighting Corp was determined to be the lowest responsive bidder.

Staff recommends awarding a contract to Badger Daylighting Corp of Brownsburg, Indiana (local office in Modesto, CA) as the lowest responsive bidder for the five (5) year not-to-exceed amount of $3,311,000. The bid is regular in all respects and meets the City’s requirements.

FINANCIAL SUMMARY
There is sufficient budget in the Wastewater Treatment Plant Equipment Maintenance account in Fiscal Year 2024-2025. Future funds will be budgeted in the same account in subsequent fiscal years and will be presented to the City Council for approval through the annual budgeting process.

This action has no impact on the General Fund or any other unrestricted funds.

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133
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING A CONTRACT WITH BADGER DAYLIGHTING CORP

FOR REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING

SERVICES

The Municipal Utilities Department (MUD) Regional Wastewater Control Facility (RWCF) Modifications Project includes new processes, and infrastructure that require specialized equipment for maintenance that is beyond the scope of MUD capabilities; and

Several new processes, conveyance pipelines, and wet wells are at depths greater than 30 feet, which is the current depth limit of MUD cleanout equipment. This specialized equipment will be needed to reach these greater depths than equipment can currently perform; and

On April 15, 2024, the MUD readvertised an Invitation to Bid for the RWCF Process Cleaning Services (PUR 24 -037) in the Stockton Record and on the City's Bid Flash webpage; and

The scope of work included further information on the various areas where services may be required including heights and depths to access these areas. In addition, staff requested pricing for hourly and daily services for equipment and laborers as well as any additional equipment necessary to lift material from depths greater than 30 feet; and

On May 30, 2024, sealed proposals were received by the City Clerk’s office; and

Badger Daylighting Corp of Brownsburg, Indiana, was determined to be the lowest responsive bidder for a five (5) year contract with a not-to-exceed amount of $3,311,000; now, therefore,

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

1. The Plans and Specifications for the Invitation for Bids for Stockton Regional Wastewater Control Facility Process Cleaning Services (PUR 24-037) is hereby approved and attached as Exhibit 1 and incorporated by this reference.

2. The City Manager is authorized to execute a five-year contract with Badger Daylighting Corp for the not-to-exceed amount of $3,311,000, a copy of which is attached as Exhibit 2 and incorporated by this reference.

//
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134

3. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED September 10, 2024 .

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

KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
135

BIDS WILL BE RECEIVED UNTIL THE HOUR OF
2:00 PM PST, THURSDAY, MAY 30, 2024,
ELECTRONICALLY AT [email protected]

REQUEST FOR SEALED BIDS

REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES

FOR THE CITY OF STOCKTON, CALIFORNIA
PUR 24-037
EXHIBIT 1
136

INVITATION FOR SEALED BID

REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037
i

IFB INFORMATION
Contact Stephennie Link
Email Address [email protected]
MANDATORY On-Site
Meeting
Tuesday, April 23, 2024
9:00 am
2500 Navy Drive,
Stockton, CA 95206
Due Date for Questions
and Clarifications
May 2, 2024; 2:00 pm PST
Due Date for Response
to
Questions/Clarifications
May 16, 2024; 2:00 pm PST
IFB Submittal
Electronic Mail
[email protected]
IFB Submittal Due Date
& Time
Thursday, May 30, 2024; 2:00 pm PST
Proposal shall be electronically delivered
to the email address above at or before
the hour stated. Proposals arriving after
the opening deadline will not be accepted.

Short-List Interviews (if
applicable)
TBD
Notification of Intent to
Award
TBD
Anticipated Date for
Council Approval
August 20, 2024
EXHIBIT 1
137
ii

INVITATION FOR SEALED BID

REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037
Contents
BIDDER'S CHECKLIST ............................................................................................................... 2

1.0 GENERAL INFORMATION ..................................................................................... 3

1.1 REQUEST FOR SEALED BID ................................................................................ 3

1.2 INVITATION TO SUBMIT A BID ............................................................................ 3

1.3 LOCAL BUSINESS PREFERENCE ....................................................................... 3

1.4 LOCAL EMPLOYMENT—PUBLIC WORKS CONTRACTORS......................... 3

1.5 CONSEQUENCE OF SUBMISSION OF BID ....................................................... 4

1.6 EXAMINATION OF BID MATERIALS ................................................................... 4

1.7 ADDENDA AND INTERPRETATION .................................................................... 4

1.8 DISQUALIFICATION ................................................................................................ 5

1.9 BID REJECTED ........................................................................................................ 5

1.10 CONDITIONS TO BE ACCEPTED IF ANY WORK IS SUBCONTRACTED ... 5

1.11 LICENSING REQUIREMENTS .............................................................................. 6

1.12 INSURANCE REQUIREMENTS ............................................................................ 6

1.13 HOLD HARMLESS ................................................................................................... 6

1.14 APPLICABLE LAW ................................................................................................... 7

1.15 METHOD OF PAYMENT ......................................................................................... 7

1.16 NOTICE TO OUT-OF-STATE VENDOR ............................................................... 7

1.17 TERM .......................................................................................................................... 7

1.18 COMPETITIVE PRICING ......................................................................................... 8

1.19 FUNDING ................................................................................................................... 8

1.20 UNCONDITIONAL TERMINATION FOR CONVENIENCE ................................ 8

1.21 AUDITING OF CHARGES & SERVICES ............................................................. 8

1.22 BID SECURITY ......................................................................................................... 8

1.23 CONTRACT BONDS ................................................................................................ 8

1.24 AWARD ...................................................................................................................... 9

1.25 CHANGES .................................................................................................................. 9

1.26 OTHER GOVERNMENTAL AGENCIES ............................................................... 9

1.27 LIQUIDATED DAMAGES ...................................................................................... 10

1.28 PRODUCT OWNERSHIP ...................................................................................... 10

1.29 CONFIDENTIALITY ................................................................................................ 10 EXHIBIT 1
138

INVITATION FOR SEALED BID

REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037
iii

1.30 JOB WALK ............................................................................................................... 10

1.31 PREVAILING WAGES & CONTRACTOR REGISTRATION REQUIREMENTS ....... 10

1.32 CONTRACTOR’S SAFETY RESPONSIBILITY ................................................. 11

2.0 BACKGROUND/GENERAL NATURE OF SERVICE ........................................ 12

2.1 SCOPE OF SERVICES ......................................................................................... 13

2.2 CITY RESPONSIBILITIES ..................................................................................... 13 BID DOCUMENTS ..................................................................................................................... 15 COST FOR SERVICES ............................................................................................................. 16 BIDDER’S AGREEMENT .......................................................................................................... 17 NON-COLLUSION ...................................................................................................................... 18 EXHIBIT 1 – INSURANCE REQUIREMENTS ....................................................................... 19 EXHIBIT 2 – SAMPLE CONTRACT .................................................................................... 20 EXHIBIT 1
139
1 NOTICE INVITING SEALED BIDS
NOTICE IS HEREBY GIVEN that sealed bids are invited by the City of Stockton, California for specifications for REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037 in strict accordance with the specifications.

The City of Stockton hereby invites bids for Process Cleaning Services for the Regional Wastewater Control Facility (RWCF). This is a five (5) year contract subject to fixed pricing approved by the City of Stockton.

The bid specifications and forms can be obtained from the City of Stockton’s website at www.stocktonca.gov/mudbid and must be electronically delivered to [email protected] up to but not later than 2:00 pm on Thursday, May 30, 2024.

A mandatory job walk will be held on Tuesday, April 23, 2024 at 9:00 am promptly at 2500 Navy Drive, Stockton, CA 95206. Late arrivals will not be admitted. Failure to attend will result in your bid being rejected.

The City reserves the right to reject any and/or all bids received.

Information on Bid Process/Clarification/Technical Data Stephennie Link, Procurement Division
(209) 937-8357
e-mail: [email protected]
DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in any document transmitted electronically.

Dated: April 15, 2024

ELIZA GARZA, CMC, CITY CLERK

CITY OF STOCKTON
EXHIBIT 1
140

REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037
2 BIDDER'S CHECKLIST

Did You:
*___ Complete the following bid documents (FROM THIS PACKET ONLY SUBMIT PAGES 15 to 19, along with any illustrations/brochures):

*___ Sign and notarize by jurat certificate the "Non-Collusion Affidavit" form. An "All- Purpose Acknowledgment" form will not be sufficient.

*___ Complete and sign the "Bid to be Submitted" form.

*___ Sign the "Bidder’s Agreement" form. Include (with bid) name and e -mail address for City contact, if different from signatoree.

*___ Recheck your math on each item extension and total column. Do not superimpose numerals on your bid forms. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid.

*___ Include your $0.00 bidder's security, bidder's bond, certified or cashier's check.

NOTE: As information, the City will NOT accept company or personal checks for bid security.

*___ Any Addendum Acknowledgements. Print and sign all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid and submit with proposal response.

*___ Email sealed bid to City Clerk's Office at [email protected], before THURSDAY, MAY 30, 2024 AT 2:00 PM Sealed bid shall be marked "Bid" and indicate project name, number, and bid opening date.

CONTACT INFORMATION:

Information on Bid Process/Clarification/Technical Data Stephennie Link, Procurement Supervising Specialist
(209) 937-8357
e-mail: [email protected]

*If required documents are not completed as required, your bid may be voided. *DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in any document transmitted electronically.
*THIS FORM IS FOR YOUR INFORMATION ONLY AND DOES NOT NEED TO BE SUBMITTED WITH YOUR BID.

EXHIBIT 1
141

CITY OF STOCKTON

INVITATION FOR SEALED BIDS

3 1.0 GENERAL INFORMATION

1.1 REQUEST FOR SEALED BID

The purpose of this sealed bid is to request bidders to present their qualifications and capabilities to service the REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037 for the City of Stockton.

1.2 INVITATION TO SUBMIT A BID

Bids shall be submitted electronically no later than 2:00 pm, on Thursday, May 30, 2024.

The bid should be identified in the Subject of "RWCF Process Cleaning for the City of Stockton PUR 24-037." Any bid received after the due date and time indicated will not be accepted and will be deemed rejected and returned, unopened, to the bidder.

1.3 LOCAL BUSINESS PREFERENCE

Stockton Municipal Code Section 3.68.090 reads as follows:

Preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal. Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted two (2) percent bid preference. Local merchants who have a physical business location within the boundaries of the City of Stockton, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted five (5) percent bid preference. This section is intended to provide preference in the award of certain City contracts in order to encourage businesses to move into and expand within the City. (Ord. 2014 -03- 18-1601 C.S. § 1; prior code § 3-106.1)

1.4 LOCAL EMPLOYMENT—PUBLIC WORKS CONTRACTORS

Bidders must comply with City of Stockton Municipal Code (SMC) Section

3.68.095, Ordinance No. 011-09 adopted Sept. 1, 2009, effective Oct. 1, 2009.

EXHIBIT 1
142

CITY OF STOCKTON

INVITATION FOR SEALED BIDS

4 1.5 CONSEQUENCE OF SUBMISSION OF BID

A. The City shall not be obligated to respond to any bid submitted nor be legally bound in any manner by the submission of a bid.

B. Acceptance by the City of a bid obligates the bidder to enter into a contract with the City.

C. A contract shall not be binding or valid against the City unless or until it is executed by the City and the bidder.

D. Statistical information contained in these documents is for informational purposes only. The City shall not be responsible for the accuracy of said data. City reserves the right to increase or decrease the project scope.

1.6 EXAMINATION OF BID MATERIALS

The submission of a bid shall be deemed a representation and warranty by the bidder that it has investigated all aspects of the bid, that it is aware of the applicable facts pertaining to the bid process and its procedures and requirements, and that it has read and understands the bid. No request for modification of the provisions of the bid shall be considered after its submission on the grounds the bidder was not fully informed as to any fact or condition. Statistical information which may be contained in the bid or any addendum thereto is for informational purposes only.

The City disclaims any responsibility for this information which may subsequently be determined to be incomplete or inaccurate.

1.7 ADDENDA AND INTERPRETATION

The City will not be responsible for, nor be bound by, any oral instructions, interpretations, or explanations issued by the City or its representatives. Any request for clarifications/questions/answers of a bid shall be made in writing via e- mail and deliverable to:

CITY OF STOCKTON
ATTN: STEPHENNIE LINK

PROCUREMENT DIVISION
425 NORTH EL DORADO STREET
STOCKTON, CA 95202-1997
[email protected]

Such request for clarification shall be delivered by 2:00pm on Thursday, May 2, 2024. Any City response to a request for clarifications/questions/answers will be posted on the City’s website at www.stocktonca.gov/mudbid by Tuesday, May 16, 2024, and will become a part of the bid addendum. The bidder should await responses to inquires prior to submitting a bid.

EXHIBIT 1
143

CITY OF STOCKTON

INVITATION FOR SEALED BIDS

5 1.8 DISQUALIFICATION

Any of the following may be considered cause to disqualify a bidder without further consideration:

A. Evidence of collusion among bidders;

B. Any attempt to improperly influence any member of the evaluation panel;

C. Any attempt to communicate in any manner with a City of Stockton elected official during the bid process will, and shall be, just cause for disqualification/rejection of bidder’s bid submittal and considered non - responsive.

D. A bidder's default in any operation of a contract which resulted in termination of that contract; and/or

E. Existence of any lawsuit, unresolved contractual claim, or dispute between bidder and the City.

F. No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section 3.68.120 of the Municipal Code.

1.9 BID REJECTED

A bid shall be prepared and submitted in accordance with the provisions of these bid instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from, or to a bid may be sufficient grounds for rejection of the bid. The City has the right to waive any defects in a bid if the City chooses to do so. The City may not accept a bid if:

A. Any of the bid forms are left blank or are materially altered;

B. Any document or item necessary for the proper evaluation of the bid is incomplete, improperly executed, indefinite, ambiguous, or missing.

1.10 CONDITIONS TO BE ACCEPTED IF ANY WORK IS SUBCONTRACTED

A. The bidder assumes full responsibility, including insurance and bonding requirements, for the quality and quantity of all work performed.

EXHIBIT 1
144

CITY OF STOCKTON

INVITATION FOR SEALED BIDS

6 B. If bidder's supplier(s) and/or subcontractor's involvement requires the use of a licensed, patented, or proprietary process, the vendor of the process is responsible for assuring that the subcontractor, supplier, and/or operator have been properly authorized to use the process or for providing another process which is comparable to that which is required prior to submission of a bid.

1.11 LICENSING REQUIREMENTS

Any professional certifications or licenses that may be required will be the sole cost and responsibility of the successful bidder.

A City of Stockton Business license may be required for this project. Please contact the City of Stockton Business License Division at (209) 937-8313.

1.12 INSURANCE REQUIREMENTS

Bidder, at Bidder's sole cost and expense and for the full term of the resultant contract or any extension thereof, shall obtain and maintain at least all of the insurance requirements listed in attached Exhibit 1 (or Exhibit B of the sample contract).

All coverage shall be provided by a carrier authorized to transact business in California and shall be primary. All policies, endorsements, and certificates shall be subject to approval by the Risk Manager of the City to Stockton as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager.

Maintenance of proper insurance coverage is a material element of this contract, and failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.

The Bidder shall assert that these insurance requirements will be met as part of their proposal response. Failure to comply with these insurance requirements may result in a proposal being deemed unresponsive. Bidder shall satisfy these insurance requirements concurrently with the signing of the contract prior to commencement of work. It is strongly suggested that insurance requirements be reviewed with Bidder’s broker to ensure any additional costs are included in the proposal pricing component.

Any questions pertaining to insurance requirements, please contact City of Stockton Risk Services at (209) 937-5037.

1.13 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 EXHIBIT 1
145

CITY OF STOCKTON

INVITATION FOR SEALED BIDS

7 from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement.

These obligations shall survive the completion or termination of this agreement.

1.14 APPLICABLE LAW

Applicable law shall be governed by the laws of the State of California. Venue shall be proper in the Superior Court of the State of California, county of San Joaquin, Stockton Branch, or, for actions brought in Federal Court, the United States District Court for the Eastern District of California, Sacramento Division.

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.

1.15 METHOD OF PAYMENT

Payment will be made within thirty (30) days after invoices are received and accepted by the City. Invoices are to be rendered monthly.

1.16 NOTICE TO OUT-OF-STATE VENDOR

The City of Stockton will pay all applicable sales/use tax directly to the State of California for this purchase.

It is the policy of the City of Stockton to pay all applicable California sales/use tax directly to the State Board of Equalization (BOE) pursuant to California Revenue and Taxation Code 7051.3. The City of Stockton will self-accrue all sales/use tax on purchases made from out-of-state vendors.

Sales and use tax on purchases made by the City of Stockton from all companies located outside California and whose products are shipped from out of state will be remitted to the BOE directly by the City under permit number SR KHE 28 - 051174 DP . Please do not include sales/use tax on the invoice that you submit to the City of Stockton.

Questions regarding the City of Stockton’s payment of sales/use tax can be directed to the City of Stockton’s Procurement Division at (209) 937-8357.

1.17 TERM

The City plans to establish a five (5) year contract.

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8 1.18 COMPETITIVE PRICING

Bidder warrants and agrees that each of the charges, economic or product terms or warranties granted pursuant to this Contract are comparable to or better than the equivalent charge, economic or product term or warranty being offered to any similarly situated commercial or other government customer of bidder. If bidder enters into any arrangements with another customer of bidder to provide product under more favorable charges, economic or product terms or warranties, bidder shall immediately notify CITY of such change and this Contract shall be deemed amended to incorporate the most favorable charges, economic or product terms or warranties.

1.19 FUNDING

Any contract which results from this bid will terminate without penalty at the end of the fiscal year in the event funds are not appropriated for the next fiscal year. If funds are appropriated for a portion of the fiscal year, this contract will terminate without penalty, at the end of the term for which funds are appropriated.

1.20 UNCONDITIONAL TERMINATION FOR CONVENIENCE

The City may terminate the resultant contract for convenience by providing a sixty (60) calendar day advance notice unless otherwise stated in writing.

1.21 AUDITING OF CHARGES & SERVICES

The City reserves the right to periodically audit all charges and services made by the bidder to the City for services provided under the contract. Upon request, the bidder agrees to furnish the City with necessary information and assistance.

1.22 BID SECURITY

Not applicable to this bid.

1.23 CONTRACT BONDS

The successful bidder will be required to furnish the City of Stockton with a Faithful Performance Bond in the amount of ten percent (10%) of the bid and shall be furnished concurrently with the signing of the contract.

The surety which provides the bond(s) must be authorized by the Insurance Commissioner to transact business of insurance in the State of California.

Said bonds shall be executed by the surety and contractor concurrently with the signing of the contract. The form of said bonds must be approved by the appropriate City departments.

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CITY OF STOCKTON

INVITATION FOR SEALED BIDS

9 All alterations, extension of time, extra and additional work, and other changes authorized by these specifications or any part of the contract shall be made without securing the consent of the surety or sureties on the contract bonds.

1.24 AWARD

Upon conclusion of the bid process, a contract may be awarded for REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES for the City of Stockton.

The City reserves the right to make an award on any item, quantity of any item, group of items, or in the aggregate to that/those bidder(s) whose bid(s) is/are most responsive to the needs of the City. Further, the City reserves the right to reject any and all bids, or alternate bids, or waive any informality in the bid as is in the City's best interest.

Consideration will be given in comparing bids and awarding a contract, not only to the dollar amount of the bids, but also to:

➢ Kind
➢ Suitability
➢ Warranties
➢ Trade-in
➢ Buy-back agreement
➢ Salvage value
➢ Standardization
➢ Delivery time
➢ Any other criteria as best suits the City of Stockton ➢ Compatibility resulting in the lowest ultimate cost; Best value to the City

1.25 CHANGES

The City’s Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the bidder or as recommended by the bidder’s project manager, pursuant to the adopted City of Stockton Standard Specifications.

1.26 OTHER GOVERNMENTAL AGENCIES

If mutually agreeable to all parties, the use of any resultant contract/purchase order may be extended to other political subdivisions, municipalities, or tax supported agencies.

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CITY OF STOCKTON

INVITATION FOR SEALED BIDS

10 Such participating governmental bodies shall make purchases in their own name, make payment directly to successful bidder and be liable directly to the successful bidder, holding the City of Stockton harmless.

1.27 LIQUIDATED DAMAGES

Not applicable to this solicitation.

1.28 PRODUCT OWNERSHIP

Not applicable to this solicitation.

1.29 CONFIDENTIALITY

If bidder believes that portions of a bid constitute trade secrets or confidential commercial, financial, geological, or geophysical data, then the bidder must so specify by, at a minimum, stamping in bold red letters the term "CONFIDENTIAL" on that part of the bid which the bidder believes to be protected from disclosure.

The bidder must submit in writing specific detailed reasons, including any relevant legal authority, stating why the bidder believes the material to be confidential or a trade secret. Vague and general claims as to confidentiality will not be accepted.

The City will be the sole judge as to whether a claim is general and/or vague in nature. All offers and parts of offers that are not marked as confidential may be automatically considered public information after the contract is awarded. The bidder is hereby put on notice that the City may consider all or parts of the offer public information under applicable law even though marked confidential.

1.30 JOB WALK

A MANDATORY job walk will be held on Tuesday, April 23, 2024 at 9:00 am promptly at 2500 Navy Drive, Stockton, CA . Late arrivals will not be admitted.

Failure to attend will result in your bid being rejected.

1.31 PREVAILING WAGES & CONTRACTOR REGISTRATION REQUIREMENTS

Prevailing wage rates are required for this project according to State and Federal Labor laws. Prevailing wage rates can be found by logging on to http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.

Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section EXHIBIT 1
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CITY OF STOCKTON

INVITATION FOR SEALED BIDS

11 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

Department of Industrial Relations - Contractor Registration information and web link: http://www.dir.ca.gov/Public-Works/PublicWorks.html

In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.

1.32 CONTRACTOR’S SAFETY RESPONSIBILITY

The scope of work for this project has been reviewed for special risks or hidden dangers that may be present to employees of the bidder or any subcontractor. The bidder is required to identify, notify employees, and implement special precautions to prevent injuries to employees. Additionally, the bidder is required to identify its skill, experience, and equipment in dealing with the types of risk to employees.

1.31 PROTEST POLICY

Protest and Appeal Procedures. In order to maintain fairness and impartiality, the City of Stockton has established a solicitation protest policy and procedure.

PROTEST PROCEDURE

1. All protests must be in writing and stated as a formal protest.

2. The protest must contain a complete statement of the basis for the protest and must include all relevant supporting documentation.

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CITY OF STOCKTON

INVITATION FOR SEALED BIDS

12 3. The solicitation process and procedures, including evaluation criteria, shall not be proper grounds for protest. Concerns related to the solicitation process and procedures, including evaluation criteria, should be raised, and addressed, if at all, prior to the bid/proposal due date and time to allow adjustments before evaluation of the solicitation.

4. Protests must be filed with the City's Chief Financial Officer, or designee, not later than five (5) days after the date the City mails and or posts on the City’s Bid Flash platform, the Letter of Intent to Award.

5. Deliveries of the protest by hand, mail, email are acceptable.

6. The City is not responsible for lost or misplaced protests, or to assure the protest is received within the protest deadlines.

PROTEST REVIEW

1. The Chief Financial Officer or designee shall respond in writing to material issue raised in the protest within thirty (30) days of receipt of the protest letter.

2. The Chief Financial Officer's, or designee 's, administrative decision may be appealed in writing to the City Manager no later than (5) business days after the date the Chief Financial Officer's, or designee's decision has been made.

3. The City Manager shall review and decide the appeal based on the grounds and documentation set forth in the original protest to the Chief Financial Officer, or designee.

4. Each party shall bear its own costs and expenses involved in the protest and appeal process, including any subsequent litigation.

5. The City Manager's administrative decision is final. After the City Manager issues the final administrative decision, the time in which judicial review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094 or as such section may be amended from time to time.

6. If the protested procurement involves state or federal funds, the Chief Financial Officer, or designee, shall give notice to the interested party that he or she has the right to appeal to the appropriate agency, which shall be identified by name and addres s. An appeal hereunder shall be filed with the appropriate agency within five (5) working days of the dispatch of rejection notices to the interested party(ies).

7. The City may require the protesting party to submit a City Council approved non-refundable protest fee to cover the administrative cost of processing the protest.

2.0 BACKGROUND/GENERAL NATURE OF SERVICE

The City of Stockton is a Charter City incorporated in 1850. The City is the county seat of San Joaquin County and is located in California’s San Joaquin Valley, 78 miles east of the San Francisco Bay Area, 337 miles north of Los Angeles and 40 miles south of Sacramento. The County is bound by Sacramento County to the EXHIBIT 1
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CITY OF STOCKTON

INVITATION FOR SEALED BIDS

13 north and Stanislaus County to the south. Approximately 310,000 residents live in Stockton.

The Stockton Municipal Utilities Department (MUD) manages, operates, and maintains the Stockton Regional Wastewater Control Facility (RWCF). The RWCF, located at 2500 Navy Drive, is a tertiary wastewater treatment plant that includes primary and secondary treatment.

2.1 SCOPE OF SERVICES

The CONTRACTOR shall provide as-needed cleaning of various process areas located at the Regional Wastewater Control Facility.

The Contractor shall provide cleaning services including sufficient equipment and total dynamic head to lift debris up to thirty feet (30’). If additional pumps or hoses are needed to reach this depth, please specify length and cost for additional pumps and hoses to go to greater depths.

Work May include, but is not limited to the following areas:
• Scum boxes
• Sludge and scum piping
• Secondary clarifiers (Outside height +/- 15 feet; inside height +/- 25 feet) • Aeration Basins (Outside height +/- 20 feet; inside height +/- 27 feet) • Headworks bar rake channels (depths up to 30 feet)
• Open equipment pits (depths up to 30 feet)
• Drain wells (depths up to 30 feet)
• High-flow piping

CONTRACTOR RESPONSIBILITIES

1. The contractor shall supply a vacuum truck with one or two operators as needed for the execution of work.

2. Contractor shall provide all labor, equipment, consumable items, fuel, and services. This work shall not be subcontracted.

3. Contractor will provide labor for onsite disposal of materials from process areas. This area is located within the shaded area with the accompanying map.

4. Contractor will provide any needed confined space rescue teams and safety equipment as required under State and Federal regulations.

2.2 CITY RESPONSIBILITIES

1. City will provide access to City maps, conceptual drawings, records, studies, plans, and other documents relating to the project.

2. City will provide the code building inspection and any special inspection required.

3. City will provide access to the site and on-site disposal for materials.

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CITY OF STOCKTON

INVITATION FOR SEALED BIDS

14 4. City will provide an on-site water source.

INSPECTIONS

Staff from the Municipal Utilities Department will conduct inspections of Contractor’s work.

HOURS OF WORK

All maintenance work using equipment powered by an internal combustion engine is expected to be performed between the hours of 7:00 a.m. and 6:00 p.m.

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REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037
THURSDAY, MAY 30, 2024

15 BID DOCUMENTS

COMPANY NAME: _________________________________

CONTACT NAME: _________________________________

ADDRESS: _______________________________________

_________________________________________________

TELEPHONE NUMBER: ____________________________

EMAIL: __________________________________________

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REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037
THURSDAY, MAY 30, 2024

16 COST FOR SERVICES

Task Cost per Service
(up to 30” depth)
Cost per Service
(> 30’ depth)
Vacuum Truck with Operator
(Hourly Rate x 8 hours =) $ $
Additional Operator
(Hourly Rate x 8 hours=) $ $
Vacuum Truck with Operator
(Hourly Rate after 8 Hours) $ $
Additional Operator
(Hourly Rate after 8 Hours) $ $
Support Truck (Daily) $ $
Remote or additional hose
length (Daily) $ $
Additional pumps, if needed
(Daily) $ $

Company Name (Please Print) Signed by

Phone Number Name (Printed)

Address Contractor’s License #/Expiration Date

NOTE: Bidders are to mark their sealed bids to clearly indicate the content as:

REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037

IF YOU DO NOT WISH TO BID, PLEASE RETURN YOUR BID IMMEDIATELY STATING REASON.

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17 BIDDER’S AGREEMENT

In submitting this bid, as herein described, the bidder agrees that:

1. They have carefully examined the specifications and all other provisions of this form and understand the meaning, intent, and requirements of same.

2. They have reviewed and understand all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid

3. They will enter into written contract and furnish the item(s)/service(s) in the time specified in strict conformity with the specifications and conditions contained therein for the price quoted by the bidder on this bid.

4. The proposed price is inclusive of all freight and handling charges and includes delivery to the City of Stockton, Municipal Service Center, or if specified, to the alternate point of delivery shown in the specifications.

5. They have signed and notarized the attached Non-Collusion Affidavit form whether individual, corporate or partnership. Must be “A Jurat” notarization.

FIRM ADDRESS

SIGNED BY TITLE OR AGENCY

E-MAIL ADDRESS

NOTE: Bids are invalid which are unsigned, or not accompanied by $0.00 bid deposit or a bidder’s bond. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid. Bids shall be emailed to:

[email protected]

On or before 2:00 pm May 30, 2024 and publicly opened immediately thereafter in the City Council Chambers.

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18 NON-COLLUSION

No. 1 AFFIDAVIT FOR INDIVIDUAL BIDDER

STATE OF CALIFORNIA, )ss.

County of )
(insert)

being first duly sworn, deposes and says: That on behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain f rom bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or ag ainst the City, or any person interested in said improvement, or over any other Bidder.

(Signature Individual Bidder)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal

Signature

No. 2 AFFIDAVIT FOR CORPORATION BIDDER

STATE OF CALIFORNIA, )ss.

County of )
(insert)
being first duly sworn, deposes and says: That
they are the of a corporation,
which corporation is the party making the foregoing bid, that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder.

(Signature Corporation Bidder)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal

Signature

No. 3 AFFIDAVIT FOR FIRM, ASSOCIATION, OR CO-PARTNERSHIP

STATE OF CALIFORNIA, )ss.

County of )
(insert)
,
each being first duly sworn, depose and say: That they are a member of the firm, association, or co-partnership,

designated as who is the party making the foregoing bid; that the other partner, or partners, are that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation shall or should refrain from proposing; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder.

(Signature)

Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal

Signature
EXHIBIT 1
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19 EXHIBIT 1 – INSURANCE REQUIREMENTS
(Process Cleaning Services)

Contractor 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 and the results of that work 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 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: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: 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.

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.

Other Insurance Provisions

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

20 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.

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.

Self-Insured Retentions

21 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.

Verification of Coverage

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 St, 3rd Floor – HR
Stockton, CA 95202

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22 EXHIBIT 2 – SAMPLE CONTRACT

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1 (Version 9.22.21)

INVITATION FOR SEALED BID (IFB)

RWCF PROCESS CLEANING SERIVCES

FOR THE CITY OF STOCKTON, CALIFORNIA
PUR 24-037

ADDENDUM No. 1 DATE: May 2, 2024
To All Potential Bidders:

A. T his Addendum shall be considered part of the bid d ocuments for the above-mentioned project as though it had been issued at the same time and shall be incorporated integrally therewith.

Where provisions of the following supplementary da ta differ f rom th ose of the o riginal bid documents, this A mendment shall govern and ta ke precedence. BIDDERS MUST SIGN T HE ADDENDUM AND SUBMIT IT WITH THEIR BIDS.

B. Bidders are hereby no tified that they s hall make a ny necessary adjustments in the ir estimates as a result of this Addendum. It will be construed that each bidder’s bid is submitted with full knowledge of all modifications and supplemental data specified herein.

PLEASE NOTE THE FOLLOWING CHANGES AND CLARIFICATIONS TO PUR 24-037.

1. The Due Date has changed to Thursday, May 30, 2024 at 2:00 p.m. PST.

2. A second mandatory Job Walk has been scheduled for Tuesday, May 7, 2 024 at 9:00 am PST at 2500 Navy Drive, Stockton, CA 95206.

Bidders who attended the first mandatory Job Walk on April 23, 2024, do not need to attend the second Job Walk.

3. The date for submission of questions has been extended to Friday, May 10, 2024 , at 2:00 p.m. PST. All questions must be submitted to [email protected].

4. The date for the City to respond to questions has been extended to Thursday, May 16, 2024

BIDDER MUST A CKNOWLEDGE T HIS A DDENDUM BY S IGNING BELOW AND ATTACHING THE SIGNED ADDENDUM TO THE BID FORM:

Company Name
Contact Person
Signature
Date

Bids Due – Promptly by 2:00 P.M., Thursday, May 30, 2024, at the City Clerk’s Office at [email protected] .

----------------------------------City of Stockton Use Only below this line---------------------------------

Addendum acknowledged and signed? ( Procurement Specialist’s initials) EXHIBIT 1
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INVITATION FOR SEALED BID (IFB)

REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES

FOR THE CITY OF STOCKTON, CALIFORNIA
PUR 24-037

ADDENDUM No. 2 DATE: May 7, 2024
To All Potential Bidders:

A. T his Addendum shall be considered part of the bid documents for the above-mentioned project as th ough it h ad b een i ssued at the same ti me and shall be incorporated in tegrally therewith. Where provisions of the following supplementary data differ from those of the original bid documents, this Amendment shall govern and take precedence. BIDDERS MUST SIGN THE ADDENDUM AND SUBMIT IT WITH THEIR BIDS.

PLEASE NOTE THE FOLLOWING CHANGES AND CLARIFICATIONS TO PUR 24-037.

1. Pursuant to Addendum 1:
a. The Due Date and Time remains on Thursday, May 30, 2024, at 2:00 p.m. PST. b. The date for submission of questions has been exten ded to Friday, May 10, 2024, at 2:00 p.m. PST. All questions must be submitted to [email protected]. c. The date for the City to respond to questions has been extended to Thursday, May 16, 2024

2. The original Cost for Services Price Page has been deleted and replaced with the attached Revised Cost for Services Price Page.

3. The original Bidder’s Checklist has been deleted and replaced with the attached Revised Bidder’s Checklist.

BIDDER MUST ACKNOWLEDGE T HIS A DDENDUM BY S IGNING BELOW AND ATTACHING THE SIGNED ADDENDUM TO THE BID FORM:

Company Name
Contact Person
Signature
Date

Bids Due – Promptly by 2:00 P.M., Thursday, May 30, 2024, at the City Clerk’s Office at [email protected] .

----------------------------------City of Stockton Use Only below this line---------------------------------

Addendum acknowledged and signed? ( Procurement Specialist’s initials) EXHIBIT 1
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16 REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037

REVISED COST FOR SERVICES

PRICE PAGE

Item # Task Cost per Service
(up to 30’ depth)
Cost per Service
(> 30’ depth)

1. Vacuum Truck with Operator
(Hourly Rate x 8 hours =) $ $

2. Additional Laborer
(Hourly Rate x 8 hours=) $ $

3. Vacuum Truck with Operator
(Hourly Rate after 8 Hours) $ $

4. Additional Laborer
(Hourly Rate after 8 Hours) $ $

5. Vacuum Truck with Operator
(Hourly Rate after 12 Hours) $ $

6. Additional Laborer
(Hourly Rate after 12 Hours) $ $

7. Support Truck (Daily) $ $

8. Remote or additional hose
length (Daily) $ $

9. Additional pumps, if needed
(Daily) $ $

Company Name (Please Print) Signed by

Phone Number Name (Printed)

Address Contractor’s License #/Expiration Date

NOTE: Bidders are to mark their sealed bids to clearly indicate the content as:

REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037

IF YOU DO NOT WISH TO BID, PLEASE RETURN YOUR BID IMMEDIATELY STATING REASON
.

EXHIBIT 1
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REVISED BIDDER'S CHECKLIST

Did You:
*___ Complete the following bid documents (FROM THE IFB PACKET ONLY SUBMIT PAGES 15, 17 to 19, along with any illustrations/brochures):

*___ Sign and notarize by jurat certificate the "Non -Collusion Affidavit" form. An "All- Purpose Acknowledgment" form will not be sufficient.

*___ Complete and sign the attached "Revised Cost for Services Price Page".

*___ Sign the "Bidder’s Agreement" form. Include (with bid) name and e- mail address for City contact, if different from signatoree.

*___ Acknowledge All Addendum. Print and sign all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid and submit with proposal response.

*___ Email sealed bid to City Clerk's Office at [email protected], before THURSDAY, MAY 30, 2024 AT 2:00 PM The subject line of the sealed bid shall state “Bid" IFB Number, Project name, and bid opening date.

CONTACT INFORMATION:

Information on Bid Process/Clarification/Technical Data Stephennie Link, Procurement Supervising Specialist
(209) 937-8357
e-mail: [email protected]

*If required documents are not completed as required, your bid may be rejected.

*DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in any document transmitted electronically.

*THIS FORM IS FOR YOUR INFORMATION ONLY AND DOES NOT NEED TO BE SUBMITTED

WITH YOUR BID
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1 (Rev. 5.21.24)

STANDARD AGREEMENT

CITY OF STOCKTON
STANDARD AGREEMENT Agreement Number:

1. This Agreement is entered into between the City of Stockton (“City”) and Badger Daylighting Corp (“Contractor”) to provide RWCF Process Cleaning Services as set forth in Exhibit A to this Agreement.

2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:

Commences on: Terminates on: June 30, 2029

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $3,311,000.00

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms and Conditions
(d) Exhibit D – Goods and Services Special Terms & Conditions (e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
(g) Exhibit G – Discrimination and Harassment Policy (HR-15) (h) Exhibit H – Bid Documents
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRA
CTOR
Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):

Authorized Signature Date
P
rinted Name and Title of Person Signing
Address

CITY OF STOCKTON
Harry Black, City Manager Date
ATTEST:

Katherine Roland CMC, CPMC, Interim City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City
Attorney
BY:

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Badger Daylight Corp.

Keely Blinkhorn
Digitally signed by Keely Blinkhorn
Date: 2024.07.02 15:09:21 -06'00' July 2, 2024
Keely Blinkhorn
4910 North County Road 900 E, Brownsburg, IN 46112-8540 EXHIBIT 2
166
2 (Rev. 10.27.22)

EXHIBIT A

STATEMENT OF WORK

1. Project Scope
The CONTRACTOR shall provide as-needed cleaning of various process areas located at the Regional Wastewater Control Facility. The Contractor shall provide cleaning services including sufficient equipment and total dynamic head to lift debris up to thirty feet (30’).

INSPECTIONS
Staff from the Municipal Utilities Department will conduct inspections of Contractor’s work.

HOURS OF WORK
All maintenance work using equipment powered by an internal combustion engine is expected to be performed between the hours of 7:00 a.m. and 6:00 p.m.

2. Contractor Responsibilities

1. The contractor shall supply a vacuum truck with one operator and one laborer as needed for the execution of work.

2. Contractor shall provide all labor, equipment, consumable items, fuel, and services. This work shall not be subcontracted.

3. Contractor will provide labor for onsite disposal of materials from process areas.

4. Contractor will provide any needed confined space rescue teams and safety equipment as required under State and Federal regulations.

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3 (Rev. 10.27.22)

3. Notices

Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor: Badger Daylighting Corp City: City of Stockton Attn: Brenda S. Gordon Attn: City Manager
4910 N 900 E 425 N. El Dorado Street
Brownsburg, IN 46112 Stockton, CA 95202

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Exhibit B:

Insurance Requirements
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to proper
ty which may arise from or in
connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

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

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

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 th e 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 RWCF Process Cleaning Services
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(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 Organizati on 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.

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 provi de that coverage shall not be canceled, except with notice to the City of Stockton.

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Self-Insured Retentions

Acceptability of Insurers
Insurance is to be placed with insurers auth orized 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.

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 be ginning shall not waive the Contractor’s obligation to provide them. The City of Stoc kton 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.

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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 St, 3
rd Floor – HR
Stockton, CA 95202
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1 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

EXHIBIT C

GENERAL TERMS AND CONDITIONS

3. Compensation . City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.

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

4. Sufficiency of Contractor’s Work . All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.

5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be RWCF Process Cleaning Services
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used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.

8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor’s Status.

Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

9.3 If in the performance of this Agreement any third persons are employed by RWCF Process Cleaning Services
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Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.

9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.

10. Subcontractor.

10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.

10.3 It is further understood and agreed that all subcontractors must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Subcontractors personnel.

11. Termination.

11.2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses RWCF Process Cleaning Services
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funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.

12. Non-Assignability . The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing.

Contractor shall be solely responsible for reimbursing subcontractors.

13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

14. Insurance . During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.

15. Notices . All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.

16. Conformance to Applicable Laws . Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

17. Licenses, Certifications and Permits . Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.

18. Records and Audits . Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be RWCF Process Cleaning Services
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made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

19. Confidentiality . Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

20. Conflicts of Interest . Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.

23. No Personal Liability . No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and RWCF Process Cleaning Services
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medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d). http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

26. Force Majeure . Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.

27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.

29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

31.2 All Exhibits to this Agreement and this Agreement are intended to be RWCF Process Cleaning Services
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construed as a single document.

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

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EXHIBIT D

GOODS AND SERVICES TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

2. General. The following terms and conditions are applicable for the purchase of goods and services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

3. Time for Performance.

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

3.1 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

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4. Standard of Performance

In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration, or other similar requirement throughout the term of this Agreement.

4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance, or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Se rvices and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.

5. Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided RWCF Process Cleaning Services
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that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.

7. Findings Confidential
All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

8. Right of Inspection
All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contractor, the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.

9. Warranty
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conform to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or advertised by Contractor or the actual manufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and RWCF Process Cleaning Services
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shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.

10. Ownership

Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acceptance, Deliverable delivered by Contractor shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Contractor, or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.

11. Applicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.

12. Prevailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California Department of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.

CONTRACTOR REGISTRATION REQUIREMENTS- Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

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No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Department of Industrial Relations- Contractor Registration information and web link: https://www.dir.ca.gov/public-works/publicworks.html. In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.

This project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.

13. Shipping Terms

City shipment terms are F.O.B. Destination, Freight Prepaid and Added unless otherwise specified in the Agreement. Contractor shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Deliverables in the safest and most economical manner necessary to meet the delivery date specified in the Agreement.

Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all individual boxes with stock number and quantity and items with different stock numbers shall be boxed separately.

City reserves the right to refuse, at Contractor’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.

14. Deliveries

TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contractor liable for damages incurred due to the untimely delivery including, but not limited to, the additional costs resultant from City procuring substitute Deliverables elsewhere.

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15. Price and Quantities

Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.

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EXHIBIT E

COMPENSATION SCHEDULE

The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $3,311,000.00 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached. Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

1.3 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.

1.4 Subcontractor Costs: No subcontractors shall be used for this work.

2. Cost for Services. The following is a list of rates that Contractor shall charge for services provided during the term of the agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.

Cost for Services Schedule

Task Cost per Service
(up to 30” depth)
Cost per Service
(> 30’ depth)
Vacuum Truck with Operator
(Hourly Rate x 8 hours =) $2,716.16 $2,716.16
Additional Laborer
(Hourly Rate x 8 hours=) $1,433.76 $1,433.76
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EXHIBIT 2
186
2 (Rev 10.30.18)
Task Cost per Service
(up to 30” depth)
Cost per Service
(> 30’ depth)
Vacuum Truck with Operator
(Hourly Rate after 8 Hours) $411.87 $411.87
Additional Laborer
(Hourly Rate after 8 Hours) $239.33 $239.33
Vacuum Truck with Operator
(Hourly Rate after 12 Hours) $461.36 $461.36
Additional Laborer
(Hourly Rate after 12 Hours) $289.27 $289.27
Support Truck (Daily) $275.00 $275.00
Remote or additional hose
length (Daily) $400.00 $400.00
Additional pumps, if needed
(Daily) $96.00 $96.00

4. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:

City of Stockton Municipal Utilities Department
Attention: Program Manager III - Wastewater
2500 Navy Drive
Stockton, CA 95206
[email protected]
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EXHIBIT 2
187
1 (Rev 10.30.18)

EXHIBIT F

TIMELINE

INTENTIONALLY LEFT BLANK

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188

EXHIBIT G – DISCRIMINATION AND HARASSMENT POLICY (HR-15)

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202

REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037
THURSDAY, MAY 30, 2024
15 BID DOCUMENTS
COMPANY NAME: _________________________________
CONTACT NAME: _________________________________
ADDRESS: _______________________________________
_________________________________________________
TELEPHONE NUMBER: ____________________________
EMAIL: __________________________________________
Badger Daylighting Corp
Brenda S. Gordon, Sales & Marketing Operations Specialist 4910 N 900 E
Brownsburg, IN 46112
317-914-3869
[email protected]
(;+,%,7+
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203

REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037

REVISED COST FOR SERVICES

PRICE PAGE
Item # Task Cost per Service
(up to 30’depth)
Cost per Service
(> 30’ depth)

1. Vacuum Truck with Operator
(Hourly Rate x 8 hours =) $ $

2. Additional Laborer
(Hourly Rate x 8 hours=) $ $

3. Vacuum Truck with Operator
(Hourly Rate after 8 Hours) $ $

4. Additional Laborer
(Hourly Rate after 8 Hours) $ $

5. Vacuum Truck with Operator
(Hourly Rate after 12 Hours) $ $

6. Additional Laborer
(Hourly Rate after 12 Hours) $ $

7. Support Truck (Daily) $ $

8. Remote or additional hose
length (Daily) $ $

9. Additional pumps, if needed
(Daily) $ $
Company Name (Please Print) Signed by
Phone Number Name (Printed)
Address Contractor’s License #/Expiration Date
NOTE: Bidders are to mark their sealed bids to clearly indicate the content as:

REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037

IF YOU DO NOT WISH TO BID, PLEASE RETURN YOUR BID IMMEDIATELY STATING REASON.
2,716.16 2,716.16
1,433.76 1,433.76
411.87 411.87
239.33 239.33
275.00 275.00
400.00 400.00

96.00 96.00
Badger Daylighting Corp
317-914-3869 Brenda S. Gordon, Sales & Marketing Operations Specialist 4910 N. 900 E.

Brownsburg, IN 46112 License #77920 / Exp. 12 31 2024
Signed by

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EXHIBIT 2
204
17 BIDDER’S AGREEMENT
In submitting this bid, as herein described, the bidder agrees that:

1. They have carefully examined the specifications and all other provisions of this form and understand the meaning, intent, and requirements of same.

2. They have reviewed and understand all clarifications/questions/answers on the City’s website atwww.stocktonca.gov/mudbid

5. They have signed and notarized the at tached Non-Collusion Affidavit form whether individual, corporate or partnership. Must be “A Jurat” notarization.

FIRM ADDRESS

SIGNED BY TITLE OR AGENCY

E-MAIL ADDRESS
NOTE: Bids are invalid which are unsigned, or not accompanied by $0.00 bid deposit or a bidder’s bond. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid. Bids shall be emailed to:

[email protected]
On or before 2:00 pm May 30, 2024 and publicly opened immediately thereafter in the City Council Chambers.

Badger Daylighting Corp 4910 N. 900 E.

Brownsburg, IN 46112
Sales & Marketing Operations Specialist
[email protected]
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City Council and Concurrent AuthoritiesSeptember 10, 2024

City Council and Concurrent Authorities
September 10, 2024