agents, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
(3) Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.
C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:
(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 an extended period coverage for a minimum of five (5) years after completion of contract work.
(4) A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
(5) If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
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 EXHIBIT 3
855
Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII if admitted in the State of California.
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.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of subrogation which any insurer may acquire against City of Stockton, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents, and subcontractors.
Subcontractors
Contractor 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. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
EXHIBIT 3
856
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
Section 16. Indemnity.
To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
Section 17. Equipment.
All equipment used or provided by CONTRACTOR shall be kept in a safe and sanitary condition. Vehicles and containers shall be cleaned and painted as needed, as reasonably determined by the CITY.
Section 18. Abandoned Containers.
a. If CONTRACTOR abandons any container used for industrial waste collection services under the Agreement, the CITY may remove the container and/or dispose of the contents of the container.
b. If the CITY removes a container abandoned by CONTRACTOR and/or disposes of the contents of any container abandoned by CONTRACTOR, the CITY may charge CONTRACTOR for the CITY's costs incurred in such removal/disposal and for EXHIBIT 3
857
the CITY's costs of storage of the container. CONTRACTOR shall reimburse the CITY for such costs within ten (10) days after the date of the CITY's invoice for such costs. c. For the purposes of this Section, "abandoned" includes:
(1) CONTRACTOR's failure to remove the container within the time period specified by the CITY upon termination of the industrial waste collection Agreement;
(2) CONTRACTOR's failure to remove the container within a reasonable period after the expiration of the Agreement granted to CONTRACTOR, except in the case where CONTRACTOR has been granted an extension of the term of said Agreement or CONTRACTOR has been granted an industrial waste collection Agreement authorizing CONTRACTOR to collect and transport the type or types of waste for which the container was used pursuant to this AGREEMENT. (3) CONTRACTOR's failure to dispose of the contents of the container within five (5) days after the City Manager issues written notice to CONTRACTOR to dispose of the contents.
Section 19. CONTRACTOR Provided Industrial Waste Collection Containers a. General. Containers used for storage of industrial waste shall be designed and constructed to prevent the leakage of liquids. All containers shall be painted and shall prominently display the name and contact information of the CONTRACTOR. b. SB 1383 Compliance. All containers shall have SB 1383-compliant labels and colors.
c. Cleaning, Painting, Maintenance. CONTRACTOR shall replace, clean or repaint all containers as needed to present a clean appearance as reasonably determined by the City.
Section 20. Personnel
a. Driver Qualifications. CONTRACTOR agrees that all drivers shall be trained and qualified in the operation of collection vehicles and must have in effect a valid license, of the appropriate class, issued by the California Department of Motor Vehicles. b. Safety Training. CONTRACTOR shall provide suitable operational and safety training for all of its employees who operate vehicles or equipment for collection of industrial waste, or who are otherwise directly involved in such collection.
EXHIBIT 3
858
Section 21. Compliance With Law.
In providing the services required under this Agreement, CONTRACTOR shall at all times, at its sole cost, comply with all applicable laws of the United States, the State of California, the CITY and other states, cities or counties which may have jurisdiction over any service provided in this Agreement and with all applicable regulations promulgated by any federal, state, regional or local administrative and regulatory agency, now in force and as they may be enacted, issued or amended during the term of this Agreement.
Section 22. Permits and Licenses.
CONTRACTOR shall obtain and maintain, at CONTRACTOR's sole expense, all permits and licenses required by any governmental agency to provide the operation required by this Agreement, including, without limitation, a City business license.
Section 23. Default, Termination.
a. Default. The CITY shall provide written notice of a material default or failure to comply with any obligation or duty imposed on CONTRACTOR under this Agreement or City ordinance. The City Manager and CONTRACTOR shall thereupon meet and confer in good faith to agree on a resolution and cure of the breach. If the parties are unable to agree on the informal resolution or cure of the breach within ten (10) business days, the City Manager shall have the right to terminate this Agreement. If CONTRACTOR fails to correct such default or fails to take reasonable steps to commence to correct such default within thirty (30) days from the date of the notice, as stated above, given by the CITY and CONTRACTOR thereafter fails to diligently continue to take reasonable steps to correct such default, CITY shall then provide notice of termination.
b. Termination. Upon the occurrence of a material breach, failure to cure will result in a notice of termination of this Agreement by the CITY in accord with the following:
The City Manager shall serve written notice, either personally or by registered or certified mail, postage prepaid of the termination of this Agreement, sent to the last place of business of the CONTRACTOR as provided in the notices section, below, and the CONTRACTOR shall cease operation under this Agreement within ten (10) days after receipt of said notice unless CONTRACTOR has requested an appeal hearing before the CITY, pursuant to §1.44.070 of the Stockton Municipal Code, prior to the expiration of the ten (10) day period. In the event CONTRACTOR requests such an appeal hearing, said CONTRACTOR may continue collecting and transporting or disposing of refuse until the CITY has rendered its decision on the termination of this Agreement. c. Event of Default. The following events shall constitute a material breach EXHIBIT 3
859
and default under this Agreement:
(1) Misrepresentation. Any misrepresentation or disclosure made to the CITY in this Agreement, or any application or document delivered to the City by the CONTRACTOR in connection with or as an inducement to entering this Agreement or any future amendment to this Agreement which proves to be false or misleading in any material respect as of the time the representation or disclosure is made. (2) Fraud or Deceit. CONTRACTOR practices, or attempts to practice, any fraud or deceit upon the CITY.
(3) Failure to Maintain Insurance Coverage. CONTRACTOR fails to provide or maintain in full force and affect the Worker's Compensation, liability, or indemnification coverage as required by this Agreement. (4) Violation(s) of Regulation. If the CONTRACTOR violates any permits, orders or filing of any regulatory body having jurisdiction over the CONTRACTOR which violation or non-compliance materially affects the CONTRACTOR’s ability to perform under this Agreement, provided that the CONTRACTOR may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no breach or default of this Agreement shall be deemed to have occurred during the pendency of the contestation or appeal, to the extent the CONTRACTOR is able to adequately perform during that period.
(5) Acts or Omissions. Any other act or omission by CONTRACTOR which materially violates the terms, conditions, or requirements of this Agreement, City Code, AB 939 and other state requirements, as they may be amended from time to time, or any order, directive, rule, or regulation issued there under and which is not corrected or remedied within the time set in the written notice of the violation or, if the CONTRACTOR cannot reasonably correct or remedy the breach within the time set forth in such notices, if the CONTRACTOR should fail to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter.
(6) Challenge to terms of this Agreement. Challenge of any of the terms herein in a court of law or legislative body. By entering into this Agreement, the CONTRACTOR agrees to all its terms.
(7) Failure to meet diversion requirement. CONTRACTOR fails to maintain diversion requirements consistent with CITY Code, AB 939 and the California Green Building Standards Code, 24 CCR, Part 11, for the collection of industrial and solid waste materials within the CITY in each calendar year.
(8) Collection of Non-Industrial Waste. If CONTRACTOR collects nonindustrial waste:
EXHIBIT 3
860
(i) Except as provided by subsection (iv) below,
CONTRACTOR's collection of non-industrial waste as herein provided is a material breach of this Agreement. If CONTRACTOR collects non-industrial waste, in addition to any other remedies the CITY may have, including but not limited to terminating this Agreement, CITY shall impose liquidated damages as provided by subsection 23(d), beginning with the first full or partial day that non-industrial waste was collected and continuing, daily, until the collection of non-industrial waste ceases and CONTRACTOR's equipment is removed from the business.
(ii) In addition to paying liquidated damages, CONTRACTOR shall remove all of CONTRACTOR's equipment and discontinue collection service within two (2) business days after receiving written notice from the Public Works Director or designee ("Director'') of the collection of non-industrial waste, except as provided in subsection (iii), below.
(iii) Upon request of CONTRACTOR for a determination
whether a particular business is classified "industrial," as guided by or defined herein or by Stockton Municipal Code 8.04.290 as amended, the Public Works Director or designee ("Director') shall, within ten (10) business days after receipt of the request, advise CONTRACTOR in writing of the Director's determination. In making the determination, the Public Works Director or designee shall ascertain whether the City business license classification of the business is "industrial" or "non-industrial" in accordance with section
5.08.050 (Manufacturing, Packing, and Processing) of the Stockton Municipal Code. The Public Works Director or designee shall designate the business "industrial" or "nonindustrial" based upon the definitions set forth in Stockton SMC 5.08.050 as amended, and with reference, as necessary, to the business license classification. The Public Works Director or designee shall notify all affected parties of the "industrial" or "non-industrial" designation, including exclusive franchisees and non-exclusive commercial and industrial collectors. CONTRACTOR, exclusive franchisees, and nonexclusive commercial and industrial collectors may appeal the Public Works Director or designee's decision by filing a written appeal with the Public Works Director or designee within ten (10) business days of the decision. The Public Works Director or designee shall render a decision on the appeal within ten (10) business days and notify all affected parties of such decision. The Public Works Director or designee 's appeal decision shall be final.
(iv) Notwithstanding subsections (i), (ii) and (iii), above, if CITY subsequently determines that its original determination that classified a business as industrial was erroneous, then CITY shall notify CONTRACTOR that the business is not industrial and CONTRACTOR shall, within three (3) business days after receipt of said notice ("Grace Period") remove CONTRACTOR's equipment and discontinue the collection service. If the CONTRACTOR removes CONTRACTOR's equipment and discontinues the collection service at the business within the Grace Period, no liquidated damages shall be assessed against CONTRACTOR and the CONTRACTOR shall not be in default under the Agreement. However, if the CONTRACTOR has not EXHIBIT 3
861
removed CONTRACTOR's equipment and discontinued the collection service at the business within the Grace Period, liquidated damages shall be assessed against the CONTRACTOR by the CITY pursuant to section 23(d), below.
In the case of a breach related to the above sections, except section 23(c)(8), above, and the breach continues for more than thirty (30) calendar days after written notice from the City Manager for the correction thereof, provided that where such breach is subject to cure but cannot be fully cured within such thirty (30) day period, the CONTRACTOR shall not be in default of this Agreement if CONTRACTOR shall have commenced such action required to cure the particular breach within ten (10) calendar days after such notice, and it continues such performance diligently until completed. d. Liquidated Damages. The Parties recognize that if CONTRACTOR fails to perform its obligations, the City and residents of City will suffer damages that are and will be impractical and extremely difficult to ascertain and determine. The parties agree that the liquidated damages as provided hereafter represent a reasonable estimate of the amount of such damages for breach(es) of the provisions of this Agreement, without prejudice to City's right to treat uncorrected non-performance as an Event of Default and subject to termination. Liquidated Damages are paid as damages and not as a penalty.
Notwithstanding any other remedy provided for by this Agreement, CONTRACTOR agrees to pay liquidated damages for each day CONTRACTOR is in breach or violation of any term or provision of this Agreement. Liquidated damages shall be in addition to the obligation of the CONTRACTOR to cure the default or violation as required by section 23 of this Agreement. The number of liquidated damages for each breach or violation shall be one hundred dollars ($100) for the first day of each breach, two hundred and fifty dollars ($250) for the second day of each breach and five hundred dollars ($500) for the third day and for each day thereafter until each breach or violation is cured. These liquidated damages shall be in addition to any other action, including but not limited to termination of the Agreement, that the City may elect to take against the CONTRACTOR for a breach or violation of the Agreement.
Except with respect to violations of section 23(c)(8), above, prior to assessing liquidated damages, and in addition to any other available remedies City may impose, City shall provide written notice to CONTRACTOR of its intention to do so. The notice shall include a brief description of the incident or nonperformance. CONTRACTOR may review (and copy at its own expense) all information in the possession of City relating to the assessment of liquidated damages. THE CONTRACTOR may, within ten (10) working days after receiving the notice, request a meeting with the appropriate City representative. CONTRACTOR may present evidence in writing and through testimony of its employees and others relevant to the incident or nonperformance. The City representative shall provide CONTRACTOR with a brief written explanation of his or her determination regarding each breach prior to authorizing the assessment of liquidated damages. The decision of the City representative shall be final. The assessment of liquidated damages issued by the City shall be made in writing and the CONTRACTOR EXHIBIT 3
862
shall, at its own expense, remit to the City the damages specified in said assessment within fifteen (15) days thereafter.
With respect to violations of section 23(c)(8) above, liquidated damages may be assessed by the City upon expiration of the applicable cure period. e. 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.
Section 24. Conditions Upon Termination.
a. In the event the Industrial Waste Agreement is terminated:
(1) CONTRACTOR shall have no right or authority to engage in industrial waste collection, transportation or disposal operations in the CITY. (2) CONTRACTOR shall, however, remain liable to the CITY for all Contractor fees that would otherwise be payable by CONTRACTOR, for all late payment charges and interest assessed pursuant to Section 7 of this Agreement, for any and all delinquent report charges assessed pursuant to Section 12 of this Agreement, and for any indemnity obligations under Section 16.
(3) CONTRACTOR shall have a continuing obligation to submit to the CITY all reports required by Section 12 of this Agreement which relates to industrial waste collection activities performed by CONTRACTOR up to and including the date of termination.
(4) CONTRACTOR shall allow the industrial waste generators served by CONTRACTOR to arrange industrial waste collection services with a collector authorized to perform such services, without penalty or liability for breach of contract on the part of the generators.
b. In the event this Agreement is terminated, then within the time period specified by the CITY and if directed by the City Manager, CONTRACTOR shall remove all of CONTRACTOR's industrial waste collection containers from all of CONTRACTOR's collection service locations and shall properly divert or dispose of all industrial waste collection in such containers.
c. In the event this Agreement is terminated, then within ten (10) days of such termination or expiration and upon notification by the City Manager to do so, EXHIBIT 3
863
CONTRACTOR shall:
(1) Submit to the City Manager a list of the names and addresses of industrial waste generators in the CITY for which CONTRACTOR provided services as of the date of termination or expiration (i.e., CONTRACTOR's customer list); and (2) Send written notification to each industrial waste generator on CONTRACTOR's customer list that CONTRACTOR is no longer authorized to provide industrial waste collection in the CITY. Such notification shall be in the form provided by the City Manager and shall be personally delivered or shall be sent by first class mail, postage prepaid, to the customers' billing addresses. CONTRACTOR shall submit to the City Manager an affidavit, signed under penalty of perjury, stating that the required notification has been provided by CONTRACTOR to all of CONTRACTOR's customers in the CITY.
Section 25. Notices.
Except as otherwise provided in this Agreement, all notices required by this Agreement shall be given by personal service or by deposit in the United States mail, postage pre-paid and return receipt requested, addressed to the parties as follows:
To CITY: Harry Black, City Manager
City of Stockton
425 N. El Dorado Street, 2nd Floor
Stockton, CA 95202
To CONTRACTOR: USA Waste of California, Inc.
Attention: President
172 98th Avenue
Reno, NV 94603
Notice shall be deemed effective on the date personally served or, if mailed, on the second (2nd) business day after the date it was postmarked and mailed.
Section 26. Relationship of Parties
The parties intend that the CONTRACTOR shall perform the services required by this Agreement as an independent contractor and not as an officer or employee of the CITY nor as a partner of or joint ventures with the CITY. No employee or agent of the CONTRACTOR shall be deemed to be an employee or agent of the CITY. Except as expressly provided herein, the CONTRACTOR shall have the exclusive control over the manner and means of conducting the industrial waste collection services performed under this Agreement and all persons performing such services. CONTRACTOR shall be solely responsible for the acts and omissions of its officers, employees, subcontractors and agents shall not obtain any rights to retirement benefits, worker's compensation EXHIBIT 3
864
benefits, or any other benefits which accrue to the employees of the CITY by virtue of their employment with the CITY.
CONTRACTOR agrees that this Agreement is not made in the interest of, or on behalf of, any undisclosed person, partnership, association, organization, or corporation. CONTRACTOR has not directly or indirectly colluded, conspired, connived or agreed with any person, partnership, association, organization, or corporation to secure any advantage against the CITY.
Section 28. Governing Law
This Agreement shall be governed by, a construed and enforced in accordance with, the laws of the City of Stockton, the State of California, and the United States.
Section 29. Jurisdiction
Any lawsuits between the parties arising out of this Agreement shall be brought and concluded in the courts of the State of California, in San Joaquin County, which shall have exclusive jurisdiction over such lawsuits. With respect to venue, the parties agree that this Agreement is made in and will be performed in the CITY. Federal courts may have jurisdiction over certain lawsuits arising from this Agreement and these should be brought and concluded within the federal system, Eastern District of California.
Section 30. Agreement Not Assignable
Any agreement granted is a privilege to be held in trust by the original CONTRACTOR. This Agreement entered by the CITY shall not be transferred, sold, leased, assigned, or relinquished, or delegated to another person, either in whole or in part, whether by forced sale, merger, consolidation, bankruptcy laws or otherwise.
Section 31. Waiver
The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision.
The subsequent acceptance by either party of any monies which become due hereunder shall not be deemed to be a waiver of any preexisting or concurrent breach or violation by the other party of any provision of this Agreement.
EXHIBIT 3
865
Section 32. CONTRACTOR's Investigation
CONTRACTOR has made an independent investigation and is satisfied that it knows the conditions and circumstances surrounding the Agreement, and the responsibilities and duties required by said agreement.
Section 33. Notice
The parties agree that CONTRACTOR shall be entitled to notice of at least one hundred and twenty (120) days prior to the expiration of this Agreement in the event the CITY determines to change the system from a non-exclusive collection system to an exclusive collection system after expiration of the term hereof. The parties acknowledge that this Agreement fulfills the CITY's obligation under Section 49520 through 49524 of the Public Resources Code.
Section 34. Entire Agreement
This Agreement represents the full and entire Agreement between the parties with respect to the matters covered herein.
Section 35. Interpretation
This Agreement shall be interpreted and construed reasonably and neither for nor against either party, regardless of the degree to which either party participated in its drafting. This Agreement is not intended to create any rights in any third party or parties, notwithstanding the provisions of section 23(c)(8).
Section 36. Amendment
This Agreement may not be modified or amended in any respect except by a written agreement duly approved and signed by the parties and approved by the City Council.
Section 37. Severability
The provisions of this Agreement are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
EXHIBIT 3
866
Section 38. Authority to Execute
The undersigned represent and warrant they are each duly authorized by the parties to execute this Agreement and carry out the duties and responsibilities agreed to herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
ATTEST: CITY OF STOCKTON, a municipal corporation
KATHERINE ROLAND, CMC, CPMC
INTERIM CITY CLERK
By: _________________________ By: ____________________________ HARRY BLACK, City Manager
APPROVED AS TO FORM: USA WASTE OF CALIFORNIA, INC.
OFFICE OF THE CITY ATTORNEY
By: _________________________ By: ____________________________ DEPUTY CITY ATTORNEY ALEX OSEGUERA, President
APPROVED AS TO FORM:
COUNSEL FOR CONTRACTOR
By: ____________________________
NAME, Title
EXHIBIT 3
867
City of Stockton
Legislation Text
File #: 24-1036, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE NEIGHBORHOOD TRAFFIC MANAGEMENT
PROGRAM
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Notice of Exemption No. NOE45-24 under the California Environmental Quality Act for the Neighborhood Traffic Management Program, Project No. WT16008.
2. Approve the plans and specifications for the Neighborhood Traffic Management Program, Project No. WT16008.
3. Award a Construction Contract in the amount of $576,862 to Dirt Dynasty, Inc. of Farmington, CA, for the Neighborhood Traffic Management Program, Project No. WT16008.
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 Neighborhood Traffic Management Program provides a process for the installation of traffic calming measures to slow traffic on neighborhood streets. The Neighborhood Traffic Management Program, Project No. WT16008, was bid as an annual unit price contract. Award of the contract is based on the bid price for an estimated number of speed humps/cushions/tables and striping. The contractor is paid for the actual work completed. The project scope includes eight neighborhoods.
On August 29, 2024, the City received one bid for this project. It is recommended that Council award a Construction Contract to the sole responsible bidder, Dirt Dynasty, Inc., in the amount of $576,862.
It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE45- 24 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to be completed by spring 2025.
DISCUSSION
Background
The City Standard Plans and Specifications include guidelines for installation of traffic calming measures that are used in the implementation of the City’s Neighborhood Traffic Management Program. The Neighborhood Traffic Management Program divides the City into four quadrants. The program goal is to complete 16 neighborhoods per year (two to four neighborhoods in each City of Stockton Page 1 of 4 Printed on 11/7/2024
powered by Legistar™868
File #: 24-1036, Version: 1
quadrant). The program is funded from the maintenance portion of the Measure K half-cent sales tax program.
The program’s goal is to improve safety and the quality of life for neighborhood residents by reducing the impacts from speeding vehicles and, to a lesser extent, cut-through traffic. The program is a community-based program that allows residents to participate in addressing their neighborhood traffic concerns through traffic calming techniques. Upon receipt of their application, neighborhoods of concern are added on a chronological basis to the waiting list for the appropriate City quadrant. The program is very popular and presently has a waiting list of 76 neighborhoods. Based on current funding, neighborhoods applying today could anticipate installation of neighborhood traffic calming devices within seven to eight years.
The traffic calming guidelines approved in 2003 did not include speed humps or other “vertical measures” (Attachment A - Neighborhood Traffic Management Program Information Sheet).
However, in 2006, Council approved revised Traffic Calming Guidelines to include speed humps and other vertical measures. In 2008, Council approved new processes designed to expedite the time it takes neighborhoods to go through the process (Attachment B - Revised Traffic Calming Process).
As a result of these changes, neighborhoods have the option to participate in either the expedited “Speed Hump Program” or the “Full Program”.
Neighborhoods selecting the expedited “Speed Hump Program” choose from a limited range of traffic calming measures, including speed humps, speed cushions, speed tables, signs, and pavement markings. Analysis and design of these measures is relatively straightforward, and it typically takes three months for neighborhoods selecting this program to progress from their kick-off meeting to completion of a ballot process, which determines support for their proposed traffic calming project.
Neighborhoods choosing the “Full Program” choose from the full range of traffic calming measures, such as speed humps, traffic circles, pedestrian islands, diversions, and road closures. Due to the complexity and impact of many of these measures, the Full Program takes more time to develop and must go through a project-specific design and bid process. If the proposed traffic calming plan includes measures that divert traffic, such as a road closure, a public hearing is also required.
Both programs require extensive staff resources to administer the program process and funding.
Prior to the initial neighborhood meeting, staff reviews collision reports and field conditions, conducts speeding studies, sends invite letters after arranging for a meeting place, and prepares the presentation and handout material.
Whether the neighborhood chooses the Speed Hump Program or the Full Program, staff must meet a minimum of two times with the local residents who volunteer to be on the Traffic Calming Committee.
Staff works with these residents to develop the traffic calming plan for their neighborhood. This plan must be field verified by staff and approved by residents living closest to the proposed devices with the assistance of the Traffic Calming Committee before the entire neighborhood can vote on the plan.
Staff prepares the ballots, mails the packages to residents, followed by a one-month period in which votes are accepted. Approval of the traffic calming plan is by simple majority with votes accepted from citizens residing on the property (owner or tenant).
Due to current staffing levels, a total of eight neighborhoods are included for construction in 2024.
City of Stockton Page 2 of 4 Printed on 11/7/2024
powered by Legistar™869
File #: 24-1036, Version: 1
Locations of the neighborhoods to be constructed are shown in Attachment C. With the completion of these eight neighborhoods, a total of 182 neighborhood applications for traffic calming will have been processed since the program began in 2003.
On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. On August 20, 2024, by Motion No. 2024-08-20-1203, Council extended the CWTA term to August 25, 2029. The CWTA was not applied to this project because the engineer’s estimate was under $1 million.
Present Situation
The Neighborhood Traffic Management Program, Project No. WT16008, will install approximately 15 traffic calming measures in each of the eight neighborhoods consisting of speed humps/cushions/tables and striping.
On August 8, 2024, the Neighborhood Traffic Management Program, Project No. WT16008, was advertised for bids. On August 29, 2024, one bid was received with the following result:
COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
Dirt Dynasty, Inc. $576,862.00 $565,324.76
(Farmington, CA)
Engineer’s Estimate $574,908.46
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.
The bid from Dirt Dynasty, Inc., the sole responsible bidder, is responsive and regular in all respects and has the proper license to perform the work. The bid is approximately 0.34 percent lower than the Engineer’s Estimate. It is recommended that Council approve the plans and specifications for the project and award a Construction Contract to Dirt Dynasty, Inc. of Farmington, CA, in the amount of $576,862.
The project is in conformance with the City’s General Plan, pursuant to California Government Code section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE45-24 under CEQA.
Construction is anticipated to be completed by spring 2025.
City of Stockton Page 3 of 4 Printed on 11/7/2024
powered by Legistar™870
File #: 24-1036, Version: 1
FINANCIAL SUMMARY
There is sufficient funding available in the Neighborhood Traffic Management Program, Project No.
WT16008, to award a Construction Contract to Dirt Dynasty, Inc. in the amount of $576,862.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.
Attachment A - Neighborhood Traffic Management Program Information Sheet Attachment B - Traffic Calming Process
Attachment C - 2023 Neighborhood Traffic Management Program Locations City of Stockton Page 4 of 4 Printed on 11/7/2024
powered by Legistar™871
Advantages
Relatively inexpensive
Relatively easy for bicyclists to cross if taper is designed appropriately
No loss of on-street parking
Very effective in slowing travel speeds
Disadvantages
Causes a “rough ride” for all drivers, and can cause
severe pain for people with certain skeletal disabilities Emergency vehicles forced to travel at slower speeds
Increased noise to adjacent residences
Aesthetics
Advantages
Relatively inexpensive
No loss of on-street parking
Very effective in slowing travel speeds
Disadvantages
Large (non-standard) vehicles can avoid the
cushion by passing through the cut-outs
Causes a “rough ride” for all drivers, and can
cause severe pain for people with certain
skeletal disabilities
Increased noise to adjacent residences
Aesthetics
SPEED HUMP
Speed humps are rounded raised areas placed across the road. They are generally 12 feet long in the direction of travel, 3¼ to 3¾ inches high, and parabolic in shape, and have a design speed of 15 to 20 mph. They are usually constructed with asphalt concrete and have a taper on each side to allow unimpeded drainage between the hump and curb.
When placed on a street with rolled curbs, bollards may be placed at the ends of the speed hump to discourage vehicles from veering outside of the travel lane to avoid the device. Speed humps are not installed on emergency response or bus routes.
SPEED CUSHION
The speed cushion is a variation on the speed hump with wheel cut-outs to accommodate the wheelbase of fire trucks and buses so they can pass through without slowing. For standard size vehicles to pass, at least one set of wheels must travel over the cushion. Each speed cushion is typically 6.5 feet wide, 6.67 feet long in the direction of travel, and 3 inches high. Typically, a set of three or four cushions are installed depending on the width of the street. The design speed is 15 to 20 mph. They are usually constructed of asphalt concrete and have a taper on each side to allow unimpeded drainage between the cushion and curb. When placed on a street with rolled curbs, bollards may be placed at the ends of the speed cushion to discourage vehicles from veering outside of the travel lane to avoid the device. Speed cushions are installed on emergency response and bus routes.
NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM INFORMATION SHEET
ATTACHMENT A
872
TRAFFIC CALMING PROCESS
ATTACHMENT B
873
2023 NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM LOCATIONS
N
1’’ = 7500 ft
ATTACHMENT C
874
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE 45-24,
APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A
CONSTRUCTION CONTRACT FOR THE NEIGHBORHOOD TRAFFIC
MANAGEMENT PROGRAM, PROJECT NO. WT16008
On August 29, 2024, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Neighborhood Traffic Management Program, Project No. WT16008; and
The project will install approximately 15 traffic calming measures in each of the eight neighborhoods consisting of speed humps/cushions/tables and striping; and Dirt Dynasty, Inc. is the sole responsible bidder in the amount of $576,862.00, and its bid is responsive and regular in all respects; and The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the filing of Notice of Exemption No. NOE45- 24 under CEQA for the Neighborhood Traffic Management Program, Project No.
WT16008, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The City Council approves the plans and specifications for the Neighborhood Traffic Management Program, Project No. WT16008.
3. The City Council awards a Construction Contract between the City of Stockton and Dirt Dynasty, Inc., in the amount of $576,862.00, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
//
//
//
//
875
4. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED November 12, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
876
EXHIBIT 1
877
2023 Neighborhood Traffic Management Program WT16008
Neighborhoods to be constructed:
Northwest Quadrant:
#47 Parkwoods - Bonniebrook
#48 Colonial Estates - Kelley
Southwest Quadrant:
#47 Stockton Acres - Pelem
#48 Walnut Manor
Northeast Quadrant:
#47 Knight's Addition
#48 Fair Oaks North
Southeast Quadrant:
#47 Camera Community
#48 Morada Ranch
EXHIBIT 1
878
Northwest Quadrant Neighborhoods:
EXHIBIT 1
879
Southwest Quadrant Neighborhoods:
EXHIBIT 1
880
Southeast Quadrant Neighborhoods:
EXHIBIT 1
881
Northeast Quadrant Neighborhoods:
EXHIBIT 1
882
Local Construction Contract – DIRT DYNASTY, INC. – WT16008 (Updated 10/18/23)
CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between DIRT DYNASTY, INC., a STATE OF CA CORPORATION, with a business address at P.O. BOX 67, FARMINGTON, CA 95320 hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY." W I T N E S S E T H:
WHEREAS, plans and specifications for the construction of NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (PROJECT NO. WT16008), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. _________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. _________________, on ________________.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. _________________. The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. COMPENSATION. To do and perform the work contemplated hereby in a! good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $576,862.00, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CONTRACTOR shall not commence any work before! obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.
883
Local Construction Contract – DIRT DYNASTY, INC. – WT16008 (Updated 10/18/23) Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or selfinsurance shall be called upon to protect it as a named insured.
All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.
Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.
884
Local Construction Contract – DIRT DYNASTY, INC. – WT16008 (Updated 10/18/23)
4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-
1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.
6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 40 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of THIRTY TWO HUNDRED NO/100 DOLLARS ($3200) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension,
885
Local Construction Contract – DIRT DYNASTY, INC. – WT16008 (Updated 10/18/23) whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately, and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil-rightsact-of-1964.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth
886
Local Construction Contract – DIRT DYNASTY, INC. – WT16008 (Updated 10/18/23) a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at https://www.dir.ca.gov/PublicWorks/Prevailing-Wage.html. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or
887
Local Construction Contract – DIRT DYNASTY, INC. – WT16008 (Updated 10/18/23) mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section
3.68.095.
f. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
CITY agrees:
8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon
888
Local Construction Contract – DIRT DYNASTY, INC. – WT16008 (Updated 10/18/23) the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.
9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.
CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.
Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11. AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement.
889
Local Construction Contract – DIRT DYNASTY, INC. – WT16008 (Updated 10/18/23) CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.
12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.
ATTEST: CITY:
KATHERINE ROLAND, CMC, CPMC
INTERIM CITY CLERK
By:
By: HARRY BLACK
CITY MANAGER
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
DIRT DYNASTY, INC.
By:
ASSISTANT CITY ATTORNEY
Tax Identification No.
890
NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM
PROJECT NO. WT16008
BIDDING SCHEDULE
Each bidder shall bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive.
If th e c·t HY awar s d th e con t t rac, th e awar 1s ma d t e o th e I owes t respons1 e I er.
ITEM ESTIMATED ITEM DESCRIPTION UNITS NO. QUANTITY
1 24" x 24" SIGNS EA 172
2 24" x 30" SIGNS EA 7
3 SIGN POSTS EA 93
4 REMOVE EXISTING SIGNS EA 3
5 RELOCATE EXISTING SIGNS EA 1
6 ASPHALT CONCRETE SPEED LF 1937
CUSHIONS OVER EXISTING PAVEMENT
7 PREFORMED THERMOPLASTIC EA 246 CHEVRON PAVEMENT MARKINGS 8 PREFORMED THERMOPLASTIC EA 52 DIAMOND PAVEMENT MARKINGS 9 THERMOPLASTIC PAVEMENT SF 2754 MARKINGS
10 THERMOPLASTIC TRAFFIC STRIPE LF 3322
11 SAFETY BAR CHANNELIZERS (PARK-N- EA 384 GUARD) OVER EXISTING PAVEMENT 12 ASPHALT CONCRETE DIKES OVER LF 20 EXISITING PAVEMENT
BIDDERS NAME --------------
Dirt Dynasty, Inc.
Bid Forms
ESTIMATED
UNIT PRICE
31 S,DD
'6S-5,00
:J55'°-DD
ss·.oo
.;-�s-.oo
\&C\.cD
'?>Ds.oo
J,os-.vo
\\) ·50
\ 1- oo
°l\9D-00
\ l). DO
ESTIMATED
TOTAL
PRICE
SL--1 I180,0O
ol1 � 8s-,oo
51 1
(.p15,oo
\[ps.OD
S"5'S--0O
l'19, '8'13.�
'1S, D 30-DD
1'51 fstoD-OD
d'6/111, ro
'3l9 1 S'LJJ.W
l.91,i.-tY0-DD
;;...oo.oo
Last Revised 03/05/2024
EXHIBIT A
891
Insurance Requirements
(NTMP WT16008)
Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety Bonds as described below.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by
EXHIBIT B
892
either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:
EXHIBIT B
893
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed
EXHIBIT B
894
with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to
EXHIBIT B
895
EXHIBIT C
896
EXHIBIT C
897
EXHIBIT C
898
EXHIBIT C
899
EXHIBIT C
900
EXHIBIT C
901
EXHIBIT C
902
EXHIBIT C
903
EXHIBIT C
904
EXHIBIT C
905
EXHIBIT C
906
EXHIBIT C
907
EXHIBIT C
908
EXHIBIT C
909
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That we, _____________________________________________________, a STATE OF CA CORPORATION, as Principal and
, a corporation, organized and existing under the laws
of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of FIVE HUNDRED SEVENTY SIX THOUSAND EIGHT HUNDRED SIXTY TWO AND NO/100 DOLLARS ($576,862.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:
NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM
PROJECT NO. WT16008
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of
EXHIBIT 2
910
the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on
APPROVED AS TO SURETY: By:
PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
ATTORNEY-IN-FACT
By:
DEPUTY CITY ATTORNEY
EXHIBIT 2
911
BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That we, DIRT DYNASTY, INC., a STATE OF CA CORPORATION, as Principal and , a corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of FIVE HUNDRED SEVENTY SIX THOUSAND EIGHT HUNDRED SIXTY TWO AND NO/100 DOLLARS ($576,862.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:
NEIGHBORHOOD TRAFFC MANAGEMENT PROGRAM
PROJECT NO. WT16008
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on
EXHIBIT 2
912
this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on .
APPROVED AS TO SURETY: By:
PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
ATTORNEY-IN-FACT
By:
DEPUTY CITY ATTORNEY
EXHIBIT 2
913
City of Stockton
Legislation Text
File #: 24-0934, Version: 1
APPROVE MOTION TO AUTHORIZE STANDARD AGREEMENT AMENDMENT NO. 9, AUTHORIZE PROFESSIONAL SERVICES CONTRACT AMENDMENT NO. 5, AND AUTHORIZE CONTRACT CHANGE ORDER NO. 17 FOR THE NEW CITY HALL RENOVATIONS AND
RELOCATION PROJECT
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to execute Standard Agreement Amendment No. 9 in the amount of $750,000 with Indigo | Hammond + Playle Architects, LLP, for design support during construction for the New City Hall Renovations and Relocation, Project No. E016015.
2. Authorize the City Manager to execute Professional Services Contract Amendment No. 5 in the amount of $442,565 with Griffin Structures, Inc., for construction management services for the New City Hall Renovations and Relocation, Project No. E016015.
3. Authorize the City Manager to execute Contract Change Order No. 17 in the amount of $300,000 with Roebbelen Contracting, Inc. for construction of the New City Hall Renovations and Relocation, Project No. E016015.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
This project is renovating two five-story buildings (one building includes a basement) including onand off-site improvements. Upon completion, the majority of City departments will be relocated into the buildings. This project was included in the 2018-23, 2019-24, 2020-25, and 2021-26 Five-Year Capital Improvement Plans (CIPs).
On December 17, 2019, by Motion No. 2019-12-17-1108, Council awarded a Standard Agreement in the amount of $1,392,900 to Indigo | Hammond + Playle Architects, LLP (Indigo) of Davis, CA, for architectural design and engineering/construction drawings for the Relocation of City Hall project.
On November 16, 2021, by Resolution No. 2021-11-16-1205, Council awarded a Professional Services Contract in the amount of $722,000 to Griffin Structures, Inc. (Griffin) of Santa Clara, CA, for construction management services for the New City Hall Renovations and Relocation, Project No.
E016015.
City of Stockton Page 1 of 4 Printed on 11/7/2024
powered by Legistar™914
File #: 24-0934, Version: 1
On May 3, 2022, by Resolution No. 2022-05-03-0902, Council awarded a Construction Contract in the amount of $42,348,123 to Roebbelen Contracting, Inc. (Roebbelen) of El Dorado Hills, CA, for construction of the New City Hall Renovations and Relocation, Project No. E016015.
The project is approximately 75 percent complete. Additional services from Indigo and Griffin are needed to facilitate resolution of field changes as the contractor works to complete the project.
It is recommended that Council approve Standard Agreement Amendment No. 9 in the amount of $750,000 with Indigo so that they can continue guidance to complete the project. To date, eight Standard Agreement Amendments have been approved, totaling $4,412,133 with Indigo. Upon approval of Standard Agreement Amendment No. 9, the revised total contract amount will be $5,162,133.
It is also recommended that Council approve Professional Services Contract Amendment No. 5 in the amount of $442,565 with Griffin to continue managing daily construction activities for compliance to plans and specifications. To date, four Professional Services Contract Amendments totaling $1,027,196 have been approved with Griffin. Upon approval of Professional Services Contract Amendment No. 5, the revised total contract amount will be $2,191,761.
It is further recommended that Council approve Contract Change Order No. 17 in the amount of $300,000 with Roebbelen for construction of the New City Hall floor plan revisions. To date, 16 Contract Change Orders totaling $8,926,285.41 have been approved with Roebbelen. Upon approval of Contract Change Order No. 17, the revised total contract amount will be $51,574,408.41.
Council approval is required, as each of these contract changes, amendments, or renewal of change order authority exceed the administrative authority for change orders or amendments. The recommended actions do not increase project budget.
DISCUSSION
Background
The new City Hall Renovation and Relocation project site is located at 501 and 509 West Weber Avenue, at the northwest corner of Weber Avenue and Lincoln Street (Attachment A). The project is in the process of renovating two five-story buildings (one building includes a basement) including onand off-site improvements. Upon completion, the majority of City departments will be relocated into the buildings. The project was included in the 2018-23, 2019-24, 2020-25, and 2021-26 Five-Year CIPs and funded by multiple funding sources.
On December 17, 2019, by Motion No. 2019-12-17-1108, Council awarded a Standard Agreement in the amount of $1,392,900 to Indigo of Davis, CA, for architectural design and engineering/construction drawings for the new City Hall renovations and relocation project.
Amendment Nos. 1 through 8 with Indigo were previously approved for various changes needed during the project’s design and construction phases. During construction, the architect plays an integral role in providing design support. Building remodel projects of this size and complexity often experience unforeseen conditions that require a team approach to resolve. The contractor, architect, and construction management staff all collaborate to resolve construction issues. The architect must City of Stockton Page 2 of 4 Printed on 11/7/2024
powered by Legistar™915
File #: 24-0934, Version: 1
be available to respond to requests for information from the contractor. Construction issues often require input from the architect, or modification to the original design to address field conditions.
While these issues are expected to decrease as the project progresses, the volume of changes on a project of this size require constant attention. The project is nearing completion. However, field changes which require input and guidance from the architect are ongoing, and another amendment will be required for project completion and closeout of the project.
On November 16, 2021, by Resolution No. 2021-11-16-1205, Council awarded a Professional Services Contract in the amount of $722,000 to Griffin of Santa Clara, CA, for construction management services for the New City Hall Renovations and Relocation, Project No. E016015.
Amendment Nos. 1 through 4 with Griffin were previously approved for additional enhanced scheduling and construction management services required on the project. Significant field changes, material supply chain issues, utilities coordination, and other project issues have extended the time needed to complete construction of the New City Hall project. This can be expected for a project of this size, and another amendment for Griffin’s contract will be needed to manage the project through completion and closeout of the project.
On May 3, 2022, by Resolution No. 2022-05-03-0902, Council awarded a Construction Contract in the amount of $42,348,123 to Roebbelen of El Dorado Hills, CA, for construction of the New City Hall Renovations and Relocation, Project No. E016015. Contract Change Order Nos. 1 through 16 with Roebbelen were previously approved to accommodate unforeseen circumstances, upgrading building systems to current building code requirements, and additional work requested by the City.
These types of changes are common in a building re-model project. Additional changes to the project are occurring as the project reaches the end of construction and another Contract Change Order will require Council approval.
Present Situation
Indigo has submitted Standard Agreement Amendment No. 9 in the amount of $750,000 to provide continuing support and direction to the contractor with design modifications resulting from ongoing field changes. It is recommended that Council approve Standard Agreement Amendment No. 9 in the amount of $750,000 with Indigo for design support during construction for the New City Hall Renovations and Relocation, Project No. E016015. The additional services will enable Indigo to support the completion of the project. The revised total contract amount will be $5,162,133 (Attachment B).
Griffin has submitted Professional Services Contract Amendment No. 5 in the amount of $442,565 to provide construction management services to complete and close out the project. It is recommended that Council approve Professional Services Contract Amendment No. 5 in the amount of $442,565 with Griffin for construction management services for the New City Hall Renovations and Relocation, Project No. E016015. The revised total contract amount will be $2,191,761 (Attachment C).
Roebbelen has submitted Contract Change Order No. 17 in the amount of $300,000 to accommodate floor plan revisions requested by the City. It is recommended that Council approve Contract Change Order No. 17 in the amount of $300,000 with Roebbelen for construction of the New City Hall Renovations and Relocation, Project No. E016015. The revised total contract amount will be $51,574,408.41. The project construction is approximately 80 percent complete and is expected to be completed in spring of 2025.
City of Stockton Page 3 of 4 Printed on 11/7/2024
powered by Legistar™916
File #: 24-0934, Version: 1
Council approval is required, as each of these Contract Change Orders and Amendments, exceed the existing administrative authority for each contract. The recommended actions do not increase project budget.
FINANCIAL SUMMARY
There is sufficient funding in the New City Hall Renovations and Relocation, Project No. E016015 (formerly PW1615), to approve Standard Agreement Amendment No. 9 with Indigo in the amount of $750,000. With approval of Standard Agreement Amendment No. 9, the revised total contract amount with Indigo is increased to $5,162,133.
There is sufficient funding in the New City Hall Renovations and Relocation, Project No. E016015 (formerly PW1615), to approve Professional Services Contract Amendment No. 5 with Griffin in the amount of $442,565. With approval of Professional Services Contract Amendment No. 5, the revised total contract amount with Griffin is increased to $2,191,761.
There is sufficient funding in the New City Hall Renovations and Relocation, Project No. E016015 (formerly PW1615), to approve Contract Change Order No. 17 in the amount of $300,000 with Roebbelen. With approval of Contract Change Order No. 17, the anticipated the revised total contract amount with Roebbelen is increased to $51,574,408.41.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - Vicinity Map
Attachment B - Standard Agreement Amendment No. 9 with Indigo Attachment C - Professional Services Contract Amendment No. 5 with Griffin Attachment D - CCO No. 17 with Roebbelen
City of Stockton Page 4 of 4 Printed on 11/7/2024
powered by Legistar™917
!"#$
%#&
'
"("#
#'
"%(#" &
"
)#*
#
#(*+&
)),!"#-
*
#.
/01/02 3456789573:57; <=>?@5A=;578>BCD43E7@:9 FGHIJKLMHKNLOHP Q434;456A?> ;755793?D= D=R=;< >@7S=35D73?547; 3456D4A45 37B;56D4A45 T UVVUWXYZ[VU 918
ATTACHMENT B
919
1 (Rev. 7.7.23)
CITY OF STOCKTON
PROFESSIONAL SERVICES CONTRACT AMENDMENT
This Amendment Number 5 to the above referenced Professional Services Contract, is entered into on _________________________, between the City of Stockton (“City”) and GRIFFIN STRUCTURES, INC. (“Consultant”) for the CONSTRUCTION MANAGEMENT FOR THE NEW CITY HALL RENOVATIONS AND RELOCATION, Project No. E016015.
RECITALS
Section 11, Contract Amendments, states that the Professional Services Contract may be amended only by written instrument signed by Consultant and City; and
The City needs to increase the Compensation, not to exceed amount in Section 2 of the Professional Services Contract and Exhibit B, by $442,565, to pay for the Consultant for additional services; and Now therefore, the City and the Consultant mutually agree as follows:
1. The maximum not to exceed amount to be paid to the Consultant, including if authorized, reimbursement of expenses, in Section 2 of the Professional Services Contract and Exhibit B, will now read as follows:
“The maximum not to exceed amount in Section 2 of the Professional Services Contract and Exhibit B, is amended to $2,191,761.”
2. City shall pay Consultant for additional changes in scope outlined in Exhibit A.
All other terms and conditions of the Professional Services Contract shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
IN WITNESS WHEREOF, the authorized parties have executed this Contract.
CONSULTANT
_________________________________________________________________________________ _ _ Consultant’s Name (if other than an individual, state whether a corporation, partnership, etc.) _______________________________________________________________________________ _____ Authorized Signature Date
_____________________________________________________________________________ _______ Printed Name and Title of Person Signing
____________________________________________________________________________ _______ Address
CITY OF STOCKTON
______________________________________________________________________ ______________ Harry Black, City Manager Date
ATTEST:
_______________________________________________________________________________ _____ Katherine Roland, CMC, CPMC, Interim City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
Contract
Number:
Amendment
Number:
422000450 5
GRIFFIN STRUCTURES, INC.
Jon Hughes, President 10/30/2024
1 Technology Dr. suite i829, Irvine CA 92694
ATTACHMENT C
920
/"02/3
23/0
!"!"2Ô:2"0$"$0
3 "!0
º0/8
0
"9
2; /"$82$",/$
2
2;$02$
2$"
ÇÇ
oWTTWb 0sotKstoOpÜ OO ,odldpB` Wp JBpOM db B`` oOBpdbBJ`O Kdpsp bOKOppBo| sd lOoTdoa BMMWsWdbB` KdbpsotKsWdbaBbBUOaObspOoyWKOp»plOKWB`WbplOKsWdbpBbMsOpsWbU»BbMObVBbKOMpKVOMt`WbUpOoyWKOp TdosVO
Ws|dT0sdK_sdbÜp"Oz
Ws|B``/ObdyBsWdb,od]OKsºdosVOpOoOntWpWsOpOoyWKOp»oWTTWb0sotKstoOp lodldpOpsVOTd``dzWbU2WaOć!BsOoWB`p"dssd{KOOMOO¼
dbpsotKsWdb!BbBUOaObs î »
0KVOMt`WbU0OoyWKOp î »
0lOKWB`bplOKsWdbpBbM2OpsWbU î »
bptoBbKO{lObpO î »
2dsB` î »
``lodldpOMVdto`|oBsOpBoOTt``|JtoMObOMBbMWbK`tMOdyOoVOBMlodTWs»sB{Op»BbMJObOTWspº2VOVdtop WMObsWTWOMTdoOBKVWbMWyWMtB`Oal`d|OOBbMsBp_BoOOpsWaBsOpdb`|BbMBoObdssdJOKdbpsotOMBpbds sdO{KOOMVdtopTdoBb|WbMWyWMtB`sBp_»lVBpO»dosWaOÒlOoWdMº9OoOpOoyOsVOoWUVssdoOB``dKBsOVdtop JOszOObpsBTTaOaJOopBbMsBp_psdBKKdal`WpVsVOdyOoB``dJ]OKsWyOpBbMoOntWoOaObspdTsVOlod]OKsº 0 $,$0/8
0
p dT sVOWpptBbKO dTaObMaObs » sVOlod]OKszBpBbsWKWlBsOM sdJOKdal`OsOMJ|loW` dT º tO sd KVBbUOp Wb pKdlO BbM tbTdoOpOOb KWoKtapsBbKOp» sVO lod]OKs Wp bdz O{lOKsOM sd oOBKV ptJpsBbsWB`Kdal`OsWdb Wb !B| dT » zWsV K`dpOdts dKKtooWbU Wb tbO dT º 2VWp oOpt`sp Wb B
sdsB` pKVOMt`O O{sObpWdb dT adbsVp dT
dbpsotKsWdb !BbBUOaObsº MMWsWdbB``|» sVWp BMMp Bb BMMWsWdbB` Tt``ÒsWaOKdbpsotKsWdbaBbBUOoBbMBMMpBdbKOlOoadbsVdbÒpWsOpKVOMt`WbUoOyWOzº tOsdsVOBMMOMpKdlOBbMsVOKdbsoBKsdoÜplodpOKtsWdbdTzdo_»BMMWsWdbB`0lOKWB`bplOKsWdbpBbM 2OpsWbUBoOB`pdoOntWoOMTdoBsdsB`dTî»WbK`tMWbUsVOBMMOMTWoOpsdllWbUWbplOKsWdbº llodBKVsd0sBTTWbUć,od]OKs2OBa
/dJOosdMoO|zW``KdbsWbtOsdptlldossVOlod]OKsBp,od]OKs{OKtsWyOº OobBb!tbB|KdzW``oOaBWbBpsVOdbÒpWsO0oº
dbpsotKsWdb!BbBUOoº
bMoOz0WaadbpzW``JOBMMOMBpB
dbpsotKsWdb!BbBUOoº
EXHIBIT A
ATTACHMENT
ATTACHMENT C
C
921
3DJHRI
.tB`WTWKBsWdbpć{K`tpWdbp
º dto`|oBsOpBoOyB`WMsVodtUVOKOaJOops»BbMzW``OpKB`BsOJ| ,BbbtB``|sVOoOBTsOoº
º bptoBbKOKdpspBoOWbK`tMOMBpBoOWaJtopBJ`OO{lObpOBbMzW``JOJW``OMadbsV`|BssVOoBsOdT îlOo
º $bÒpWsO soBW`Oo oObsB`» TtobWstoO» tsW`WsWOp» BbM pBbWsBo| TBKW`WsWOp Tdo dto TWO`M psBTT Ì,od]OKs !BbBUOaObs sOBaÍ BoO O{K`tMOMº 9O BpptaO sVBs dTTWKOp zW`` JO lodyWMOM Bp lBos dT sVO KdbpsotKsWdbpWsOsoBW`OoÌpÍJOWbUlodyWMOMJ|sVO
Ws|ÜpKdbsoBKsdoº
º
dpspTdoB``lOoaWspoOntWoOMTdosVOlod]OKsBoOO{K`tMOMºsWpBpptaOMsVBssVOUObK|zW``lB| TdoB``lOoaWssWbUTOOp»BppOppaObsp»OBpOaObsp»pKVdd`TOOp»BbMdsVOoBUObK|doUdyOobaObsB` TOOpdoKdpspsdptlldossVOMOpWUbBbMKdbpsotKsWdbsVOlod]OKsº9OVByObdsWbK`tMOMBb|lOoaWs oO`BsOMTOOpzWsVWbdtoTOOlodldpB`º,OoaWspzW``JOlt``OMJ|dsVOopº º sbdKdpssdsVO$zbOo»BbMptJ]OKssdbsOobB`/OyObtO dMO»ÌOMtKsWdbTdobOoU|TTWKWObs
daaOoKWB`
tW`MWbUpÍ$zbOoBUoOOp sdB``dKBsOBb|Bll`WKBJ`O sB{MOMtKsWdbp sdKdbpsotKsWdb aBbBUOoÌoWTTWb0sotKstoOpÍBpaB|JOoO`OyBbssdÛltJ`WKObsWs|Ülod]OKspº º
dpsp Tdo KdbpsotKsWdb psB_WbU» ObyWodbaObsB` BbM VBBoMdtp aBsOoWB`p ptoyO|p» BbM B`` ObyWodbaObsB`BbMVBBoMdtpaBsOoWB`psoBbpldosBsWdbBbMoOaOMWBsWdbKdpspBoOO{K`tMOMº º 0dTszBoO`WKObpOp do tpOo TOOp BbM B`` pdTszBoO soBWbWbU KdpspTdo plOKWTWKlod]OKsaBbBUOaObs pdTszBoOJOWbUoOntWoOMJ|OWsVOosVOUObK|dosVOWoKdbsoBKsdoÌpÍWpO{K`tMOMº º
dpsdTJt`_J`tOloWbsWbUTdol`BbpBbMplOKWTWKBsWdbpTdotpOJ|sVOKdbsoBKsdopBbMptJKdbsoBKsdop WpO{K`tMOMºtbMpWbK`tMOMWboOWaJtopBJ`OO{lObpOpBoOTdooWTTWbloWbsWbUKdpspB`dbOº º bMOlObMObs do sVWoMÒlBos| sOpsWbU KdalBbWOp ptKV Bp /ddTWbU» ,OOo /OyWOzp» » do dsVOo plOKWB`WOMsVWoMÒlBos|dyOopWUVspOoyWKOpdsVOosVBbsVdpO`WpsOMVOoOWbBoOO{K`tMOMº
º
daaWppWdbWbUoOntWoOaObspoOntWoOMJ|
B`oOObÌ2Ws`OÍBoOO{K`tMOMºoWTTWbzW``aBbBUOsVO KdaaWppWdbWbU lodKOpp» JtszO VByO bdsWbK`tMOM B KdaaWppWdbWbU BUObs» bdo MOyO`dlaObs dT KdaaWppWdbWbUplOKWTWKBsWdbpº
º "d ć do $0ć lodKtoOaObs Wp WbK`tMOM Wb sVWp lodldpB`º oWTTWb zW`` VO`l sVO Ws| TBKW`WsBsO
l`BbbWbUćzdo_WbUzWsVsVOTBKW`Ws|dlOoBsdoBbMVO`lsVO Ws|WMObsWT|BlodKtoOaObspsoBsOU|º
º
dbpsotKsWdb0WsO0OKtoWs|WpO{K`tMOMº
EXHIBIT A
ATTACHMENT
ATTACHMENT C
C
922
3DJHRI
º
dbpsotKsWdb!BbBUOozW`` oOyWOzB``/p»0tJaWssB`p»BbM0tJpsWstsWdbpdb`| TdoKdal`OsObOpp» BllodyB`psdJOO{OKtsOMJ|sVOMOpWUbOodToOKdoMº
º 2VWplodldpB`MdOpbdsWbK`tMOBTdoaB`WbMOlObMObsbplOKsdodT/OKdoMÌ$/ͽWsWpBpptaOMsVBs Bb|
tW`MWbUOlBosaObsWbplOKsWdbpzW``JOlOoTdoaOMJ|sVO0sBsOdT B`WTdobWBWbplOKsWdbppsBTTº
plBosdTMWpKdyOo|»oWTTWbzW``oOyWOzWbplOKsWdboOKdoMpBbMJOloOpObsTdoTtstoOWbplOKsWdbpBp sVO
Ws|Üp`WBWpdbº
º
dbpsotKsWdb
dpspsWaBsOp»zVOblodyWMOM»BoOJBpOMdbpsBbMBoMWbMtpso|loBKsWKO»lodTOppWdbB` O{lOoWObKO»BbM_bdz`OMUOdTaBo_OsKdbMWsWdbpºoWTTWbVBpbdKdbsod`dyOoaBsOoWB`BbM`BJdo Kdpsp»doKdbsoBKsdoÜpaOsVdMpdTOpsBJ`WpVWbUloWKOpdosVOaBo_OsBbMJWMMWbUKdbMWsWdbpBssVO sWaOdTJWMº2VOoOTdoO»oWTTWbMdOpbdsUtBoBbsOOsVBsJWMpoOKOWyOMzW``bdsyBo|TodasVOKdps OpsWaBsOlodyWMOMBbMoWTTWbWpbds`WBJ`O TdoBb|Kdpsp»`WBJW`WsWOp»doMBaBUOpWbKtooOMJ| sVO UObK|BoWpWbUTodaoWTTWbÜpdlWbWdbdTKdps»sVOBKstB`lod]OKsKdpssdsVOUObK|»MO`B|pKBtpOM J|OyObspdtspWMOsVOKdbsod`dToWTTWb»doBb|`BJdodoaBsOoWB`KdpsWbKoOBpOpº º oWTTWb Wp bds oOpldbpWJ`O Tdo» BbM sVO
Ws| zW`` Vd`M oWTTWbVBoa`Opp Toda» Bb| pKVOMt`O MO`B|p BbMÇdo Bb|`dppOp» MBaBUOp» do`WBJW`WsWOp oOpt`sWbU sVOoOToda sVBs BoO KBtpOM J| ÌÍ OyObsp do KdbMWsWdbp sVBsBoOdtspWMOdToWTTWbÜpKdbsod`do ÌÍ sVOBKspdodaWppWdbpdTlBosWOp TdozVda oWTTWbWpbds`OUB``|`WBJ`OÌKd``OKsWyO`|»Ù"dbÒ
dbpt`sBbsO`B|pÚͺ2VOpKVOMt`OTdoKdal`OsWdb
zW``JOO{sObMOMTdoBb|"dbÒ
dbpt`sBbsO`B|pºToWTTWbWbKtopBMMWsWdbB`KdpspdoO{lObpOpMtO sd"dbÒ
dbpt`sBbsO`B|p»sVOboWTTWbÜpTOOKdalObpBsWdbzW``JOOntWsBJ`|BM]tpsOMsdKdyOoptKV BMMWsWdbB`KdpspdoO{lObpOpº
º
0loOyWOzBbMWbplOKsWdbpOoyWKOpBoOO{K`tMOMº
º o|tsW`Ws|KddoMWbBsWdbpOoyWKOpBoObdsWbK`tMOMºoWTTWbzW`` oOyWOz sVOKtooObspsBstpdTtsW`Ws| lodKtoOaObsBbMBMyWpOsVO
Ws|dbpsBstpBbMBb|bOOMpWMObsWTWOMº
EXHIBIT A
ATTACHMENT
ATTACHMENT C
C
923
Contract Change Order #: 17
Resolution No. _2022-05-03-0902_____ Contract No 422000787 (If not required enter “N/A”) Contract #
NEW CITY HALL RENOVATIONS AND RELOCATION, CITY PROJECT NO. E016015 Project Number / Project Name / Activity
Original Contract Price $42,348,123.00
Prior Change Order Total $8,926,285.41
This Change Order $300,000.00
Revised Contract Price $51,574,408.41
TO Roebbelen Contracting, Inc. (Contractor). You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications of this contract.
Additional Work Performed for Above Referenced Project
See Page 2.
“The critical path schedule is currently being evaluated by the City as of the execution of this Change Order. Accordingly, the parties agree that any time extensions and time related costs associated with certain changes identified on the attached pages are excluded from this Change Order and, if later determined warranted, will be deferred to a future change order.”
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.
By reason of this proposed change, 0 days extension of time will be allowed.
Accepted Date
ROEBBELEN CONTRACTING, INC.
(Contractor)
By Processed Unilaterally
Title
Note: This contract change order is not effective until approved by the City Manager.
APPROVED AS TO FORM & CONTENT:
OFFICE OF THE CITY ATTORNEY
BY_____________________________
Date: __________________________
ATTEST:
____________________________________
KATHERINE ROLAND, CMC, CPMC
INTERIM CITY CLERK OF THE CITY OF STOCKTON
Internal Approval Routing
_____________________________________ Date: _______________ Submitted by:
Joshua Lewis, Project Manager
_____________________________________ Date: ______________ Approval by
Nguyet Pham, Department Finance Officer
_____________________________________ Date: ______________ Approval Recommended by:
Eric Alvarez, Deputy Public Works Director/City Engineer Approval Recommended by:
_____________________________________ Date: _______________ Chad Reed, Public Works Director
Change Order Approved By:
_____________________________________ Date:_______________ City Manager, Harry Black
ATTACHMENT D
924
Contract Change Order #: 17
Resolution No. _2022-05-03-0902_____ Contract No. 422000787 (If not required enter “N/A”) Contract #
NEW CITY HALL RENOVATIONS AND RELOCATION, CITY PROJECT NO. E016015 TO Roebbelen Contracting, Inc. (Contractor). You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications of this contract.
EXTRA WORK AT FORCE ACCOUNT
In accordance with Section 4-1.05A of the City of Stockton Standard Specifications, the Contractor is directed to provide the following additional items of work:
1) OFFICE LAYOUT MODIFICATIONS BLDGS. 1 & 2
Modifications include revised existing system furniture, electrical (power & lighting), mechanical, audio, visual, ceiling grids, walls and doors locations, and addition of three new offices. The critical path schedule is currently being evaluated; any potential delays will be part of a future contract change order. (PCOR #48) Estimated Cost: $ 300,000.00
ESTIMATED TOTAL COST OF CHANGE ORDER WORK: $ 300,000.00 The additional compensation, if any, included in this change order constitutes full compensation, including all mark ups, profits, surcharges, taxes and overhead costs, for the change in work as specified.
ATTACHMENT D
925
City of Stockton
Legislation Text
File #: 24-0949, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE STREETLIGHT KNOCKDOWN REPAIRS PHASE 8
PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Transfer funds in the amount of $508,000 from the Street Light Pole Replacement FY 2023-24 SB1, Project No. WD24006, to the Streetlight Knockdown Repairs Phase 8, Project No.
WD24041.
2. Approve Notice of Exemption No. NOE31-24 under the California Environmental Quality Act for the Streetlight Knockdown Repairs Phase 8, Project No. WD24041.
3. Approve the plans and specifications for the Streetlight Knockdown Repairs Phase 8, Project No. WD24041.
4. Award a Construction Contract in the amount of $371,105 to St. Francis Electric, LLC of San Leandro, CA, for the Streetlight Knockdown Repairs Phase 8, Project No. WD24041.
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
Streetlight poles are installed close to the roadway and are occasionally struck by motor vehicles, resulting in toppled poles or “knockdowns.” The Streetlight Knockdown Repairs project will remove and replace 40 streetlights and two traffic signal poles that were damaged by automobile accidents at various locations citywide (Attachment A).
On July 11, 2024, the City received five bids for this project. It is recommended that Council award a Construction Contract to the lowest responsive bidder, St. Francis Electric, LLC, in the amount of $371,105. It is also recommended that Council adopt a resolution approving Notice of Exemption No.
NOE31-24 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin and be completed by spring 2025, weather permitting.
City of Stockton Page 1 of 3 Printed on 11/7/2024
powered by Legistar™926
File #: 24-0949, Version: 1
DISCUSSION
Background
The City is responsible for the operation and maintenance of approximately 19,000 streetlights. The majority of these streetlights are mounted on galvanized poles. Streetlight poles are installed close to the roadway and are occasionally struck by motor vehicles, resulting in toppled poles or “knockdowns.” The cost to replace a foundation, pole, and fixture has increased significantly in the last five years. Depending on the severity of the damage to the foundation base and wiring, repair costs range between $5,000 and $20,000 per knockdown. The City has an average of 75 such incidents annually. The City attempts to recover damage expenses when there is a police report identifying the responsible party.
The Streetlight Knockdown Repairs project will remove and replace 40 streetlights and two traffic signal poles that were damaged by automobile accidents at various locations citywide (Attachment A).
On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. On August 20, 2024, by Motion No. 2024-08-20-1203, Council extended the CWTA term to August 25, 2029. The CWTA was not applied to this project as the estimated construction cost is less than $1 million.
Present Situation
On June 12, 2024, the Streetlight Knockdown Repairs Phase 8, Project No. WD24041, was advertised for bids. On July 11, 2024, five bids were received with the following results:
COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
St. Francis Electric, LLC $371,105.00 $371,105.00
(San Leandro, CA)
Star Energy Management, Inc. $431,905.85 $431,905.85
(Oroville, CA)
Ray’s Electric $621,231.00 $621,231.00
(Oakland, CA)
PTM General Engineering $668,068.00 $668,068.00
(Riverside, CA)
Bockman & Woody Electric $757,700.00 $719,815.00
(Stockton, CA)
Engineer’s Estimate $568,000
City of Stockton Page 2 of 3 Printed on 11/7/2024
powered by Legistar™927
File #: 24-0949, Version: 1
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.
The bid from St. Francis Electric, LLC, the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. It is recommended that Council approve the plans and specifications for the project and award a Construction Contract to St. Francis Electric, LLC of San Leandro, CA, in the amount of $371,105. The transfer of funds will allow staff to include additional knockdown locations within the contract change order authority.
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. As a result, the project has been granted a Categorical Exemption. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE31-24 under CEQA. Construction is anticipated to begin and be completed by spring 2025, weather permitting.
FINANCIAL SUMMARY
With the transfer of funds in the amount of $508,000 from the Street Light Pole Replacement FY 2023-24 SB1, Project No. WD24006, to the Streetlight Knockdown Repairs Phase 8, Project No.
WD24041, there will be sufficient funding to award a Construction Contract to St. Francis Electric, LLC in the amount of $371,105, including change order authority.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - Vicinity Map
City of Stockton Page 3 of 3 Printed on 11/7/2024
powered by Legistar™928
Ã4
Ã4
Ã4
Ã4
§¨5
§¨5
§¨5
§¨5
§¨5
Ã26
Ã26
Ã99
Ã99
Ã99
Ã99
Ã99
STOCKTON CHA NNEL TURNING STOCKTON DEEP WATE R CHANNE L BASIN
B URNS CUT OFF
BURN S C UTOFF
FRE N C H CA MP SLOUGH F R ENCH CA M P S LOUGH
FRE NCH CAM P SLOUGH
NORTH LITTLEJ OHNS CREEK
SAN JOA QUIN RIV ER
CALAVERAS RIVER
NORTH LITTLEJ OHNS CREEK
MOS HER SLOUGH
MOSHE R SLOUGH
S O. BEAR CR EEK
BEAR CREEK
PIX LEY S LOUGH
W.I.D. S OUTH M AIN CANA L
MEADOW
LAKE
MARINA
FOURTEE N MILE S LOUGH
DISAPPO INTM E NT S LOUGH
BIS HOP CUT
TE LEP HONE CUT
WHITE SLOUGH
BIS HOP CUT
VENEZIA
LAKE
FIVE M ILE SLOUGH
SPA NOS LAKE
SOUTH B EAR CREEK
MOSHE R SLOUGH
FIVE M ILE SLOUGH
DUCK CR EEK
W.I.D. S OUTH M AIN CANA L
PIXLEY SLOUGH
STOCKTON DIVERTING CANAL
SAN JOA QUIN RIV ER
SAN JOA QUIN RIV ER
CALAVERAS RIVER
CALAV ERAS RIVER
CALAVERAS RIVE R
QUAIL LAKE
OX IDATION POND #3
OX IDATION POND #2
OX IDATION POND #1
CONSTRUCTED WETLA NDS
L V W
NORTH
LAKE
GRUPE
LAKE
MOSHE R SLOUGH
MOSHE R SLOUGH
BEAR CREEK
BEAR CREEK
MOSHE R SLOUGH
FOURTEE N MILE S LOUGH
FOURTEE N MILE S LOUGH
LAKE
LINCOLN FOURTEE N MILE S LOUGH
BROOKS IDE LAKE HERON
LAKE
SMITHS CANAL SMITHS CANAL YOSEMITE LAKE
MORM ON SL
SAN JOA QUIN RIVE R
SA N JOAQUIN RIVER
PIX LEY S LOUGH
PI XLEY SLOUG H
PIX LEY S LOUGH
BEAR CREEK BEAR CREEK BEAR CREEK
BEA R CREEK
BEA R CREEK
MOS HER
SLOUGH
MOSHE R SLOUGH
MOSHE R SLOUGH
MOSHE R SLOUGH
5 MILE SL
FOURTEE N MILE S LOUGH
STOCKTON DIVERTING CANAL
MORMON SL
M ORMON SLOU GH
MO RMON S L OUGH
MCLEOD LK
FREMONT CH
SAN JO AQU IN RIVER
SAN JOAQUIN RIVER
SAN J OAQUIN RIVER
WA LKE R SLOU GH
BEN HOLT DR
EIGHT MILE RD
THORNTON RD DAVIS RD
WEST LN
MORADA LN
HAMMER LN
MARCH LN
EL
D
O
R
A
DO
ST
HARDING WY
FREMONT ST
DR MLK JR BL
AIRPORT WY
LWR
SACTO RD
PACIFIC AV
PERSHING AV
MAIN ST
EL DORADO ST
WATERLOO RD
CHEROKEE RD
WEST LN
THORNTON RD
WILSON WY
ALPINE AV
ROBERTS RD
CHARTER WY
!
! !
!
!!
!
!
!
!
!
!
!
!
!
!
!!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
9 8
7 5 6
4 3 2
1 42
41 40
39 38
37 36
35 34
33 31
30 29
28 27
26 25
24 23
22 21
20 19
18 17
16 14
12 11
10 µ
0 0.4 0.8 1.6 2.4 3.2
Miles
LEGEND
! Streetlight Knockdown Locations
STREETLIGHT KNOCKDOWN REPAIRS PHASE 8
PROJECT NO. WD24041
CITY OF STOCKTON
DEPARTMENT OF PUBLIC WORKS
13 32
15 ATTACHMENT A
,
929
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION TRANSFERRING FUNDS, APPROVING THE NOTICE OF EXEMPTION NO. NOE31-24, APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING
A CONSTRUCTION CONTRACT FOR THE STREETLIGHT KNOCKDOWN REPAIRS PHASE 8, PROJECT NO. WD24041
On July 11, 2024, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Streetlight Knockdown Repairs Phase 8, Project No. WD24041; and
The project will remove and replace 40 streetlights and two traffic signal poles that were damaged by automobile accidents at various locations citywide; and St. Francis Electric, LLC is the lowest responsive bidder in the amount of $371,105, and its bid is regular in all respects; and
The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the transfer of funds in the amount of $508,000 from the Street Light Pole Replacement FY 2023-24 SB1, Project No. WD24006, to the Streetlight Knockdown Repairs Phase 8, Project No. WD24041.
2. The City Council approves the filing of Notice of Exemption No. NOE31-24 under the CEQA for the Streetlight Knockdown Repairs Phase 8, Project No. WD24041, a copy of which is attached as Exhibit 1 and incorporated by this reference.
3. The City Council approves the plans and specifications for the Streetlight Knockdown Repairs Phase 8, Project No. WD24041.
4. The City Council awards a Construction Contract between the City of Stockton and St. Francis Electric, LLC, in the amount of $371,105, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
930
5. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED November 12, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
931
CITY OF STOCKTON
NOTICE OF EXEMPTION
TO: COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Public Works Department Stockton, CA 95202 22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJECT DATA
Project Title: Streetlight Knockdown Repairs Phase 8, Project No. WD24041 CEQA Exemption File No.: NOE 31-24
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton’s Public Works Department will be repairing damaged streetlights and traffic signal poles at various locations throughout the City. See attachment A for more information.
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The activity is not a "project" as defined in CEQA Guidelines Section 15378.
The activity is exempt under the "general rule" at CEQA Guidelines Section15061(B)(3).
X The project is "Statutorily Exempt" per CEQA Guidelines Section: 15301(c) The project is "Categorically Exempt" per CEQA Guidelines Section 15332.
BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
X The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
CHAD REED, DIRECTOR July 16, 2024
PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By
Cesar Lopez-Garcia, Project Manager (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
_________________________________________
Posting Period Ending Date
EXHIBIT 1
932
Local Construction Contract – ST. FRANCIS ELECTRIC, LLC –PROJECT NO. WD24041 (Updated 10/18/23)
CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between ST.
FRANCIS ELECTRIC, LLC, a STATE OF CALIFORNIA CORPORATION, with a business address at 975 CARDEN STREET, SAN LEANDRO, CA 94577, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:
WHEREAS, plans and specifications for the construction of STREETLIGHT KNOCKDOWN REPAIRS PHASE 8 (PROJECT NO. WD24041), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. _________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. _________________, on ________________.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. _________________. The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $371,105, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
933
Local Construction Contract – ST. FRANCIS ELECTRIC, LLC –PROJECT NO. WD24041 (Updated 10/18/23)
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.
Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or selfinsurance shall be called upon to protect it as a named insured.
All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.
Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of
934
Local Construction Contract – ST. FRANCIS ELECTRIC, LLC –PROJECT NO. WD24041 (Updated 10/18/23)
insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.
4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-
1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.
6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 80 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($3,600) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as
935
Local Construction Contract – ST. FRANCIS ELECTRIC, LLC –PROJECT NO. WD24041 (Updated 10/18/23)
may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately, and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil-rightsact-of-1964.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination
936
Local Construction Contract – ST. FRANCIS ELECTRIC, LLC –PROJECT NO. WD24041 (Updated 10/18/23)
and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at https://www.dir.ca.gov/PublicWorks/Prevailing-Wage.html. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by
937
Local Construction Contract – ST. FRANCIS ELECTRIC, LLC –PROJECT NO. WD24041 (Updated 10/18/23)
any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section
3.68.095.
f. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
CITY agrees:
8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the
938
Local Construction Contract – ST. FRANCIS ELECTRIC, LLC –PROJECT NO. WD24041 (Updated 10/18/23)
first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.
9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.
CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.
Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11. AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under
939
EXHIBIT 2
940
STREETLIGHT KNOCKDOWN REPARIS PHASE 8
PROJECT NO. WD24041
BIDDING SCHEDULE
Each bidder shall bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive.
221 E Fargo St (Type 15 fourn;lation)
N El Dora�o St I E Euclid St (NE vorner - Type 15
foundation, � .... ,,, .. _,,,,
... 235 W Stadium Dr (Type 15 foundation)
102 W Swain Rd {Type 15 Foundation)
3428 Volney (Type 15 foundation)
3439 Volney St (Type 15 Foundation)
1625 Turnpike Rd (Type 15 Foundation)
, " ;, N Pershing Av I Elmwood Av (NE Corner - Type 15
LS 1 6,640.00 6,640.00
LS 1 9,615.00 9,615.00
LS 1 6,640.00 6,640.00
LS 1 9,615.00 9,615.00
LS 1 6,640.00 6,640.00
LS 1 6,640.00 6,640.00
LS 1 9,615.00 9,615.00
� foundation) LS 1 9,615.00 9,615.00
• ...• S Airport Wy / E Lafayette St (SW Corner -
.�dation)
·••• fZ1'H�i'}]527 S Wilson Wy (Type 15 foundation)
:, :;'/Henry Long Bl/ McCuen Ave (Type 15 Foundation)
S Airport Wy / E Clay St (Type 15 Foundation)
:f{f\� ij Pershing Ave over Calaveras River (Type 15 Foundation) -N El Dorado St IE Park St (Deco Streetlight Foundation) L
,, Park (Approx. 150' NE of Playground - Type 15
;, Foundation)
E Dr Martin Luther King Jr Bl / S Wilson Way (Type 15
Foundation)
·;; E March Ln / Palm Plaza Dr (Type 15 Foundation)
Bid Forms
LS
LS
LS
LS
LS
LS
LS
LS
LS
1 9,615.00 9,615.00
1 9,615.00 9,615.00
1 6,640.00 6,640.00
1 6,640.00 6,640.00
1 9,615.00 9,615.00
1 9,615.00 9,615.00
1 6,640.00 6,640.00
1 9,615.00 9,615.00
1 9,615.00 9,615.00
Last Revised 03/05/2024
941
Hammer Ln / Lower Sac Rd (Type 15 Foundation) LS 1 9,615.00 9,615.00 Hammer Ln / Lower Sac Rd (Type 15 Foundation) LS 1 9,615.00 9,615.00 Hammer Ln / Brentwood Dr (Type 15 Foundation) LS 1 9,615.00 9,615.00 March Ln / N El Dorado St (Type 15 Foundation) LS 1 9,615.00 9,615.00 S Center St & W Washington St (Deco Streetlight
9,615.00 Foundation) LS 1 9,615.00
1 Airport Wy (Type 15 Foundation) LS 1 9,615.00 9,615.00 Pacific Ave (Deco Streetlight Foundation) LS 1 9,615.00 9,615.00 Wy I Ralph Ave (Type 15 Foundation) LS 1 9,615.00 9,615.00 E Market St/ S Grant St (Type 15 Foundation) LS 1 9,615.00 9,615.00 French Camp Rd/ Manthey Rd (Type 15 Foundation) LS 1 9,615.00 9,615.00 E Eight Mile Rd/ Golfview Rd (Type 15 Foundation) LS 1 9,615.00 9,615.00 Airport Rd / Sperry Rd (Type 15 Foundation) LS 1 9,615.00 9,615.00 Pacific Ave I Robinhood Dr (Type 15 Foundation) LS 1 9,615.00 9,615.00 March Ln / Claremont Av (Type 15 Foundation) LS 1 9,615.00 9,615.00 N Lower Sacramento Rd/ W Whistler Wy ( 1 B Pole
Foundation) LS 1 9,615.00 9,615.00
S Mickinley Ave IE Industrial Dr (1 B Pole Foundation) LS 1 6,640.00 6,640.00 Hammer Ln / Alexandria Pl (Type 15 Foundation) LS 1 9,615.00 9,615.00 West Ln / Alpine Ave (Streetlight Foundation) LS 1 6.640.00 6,640.00 35 S Suiter St (Type 15 Foundation) LS 1 9,615.00 9,615.00 Washington St/ Garfield Av (Type 15 Foundation) LS 1 6,640.00 6,640.00 Bianchi Rd I Claremont Ave (Type 15 Foundations) LS 1 9,615.00 9,615.00 Bianchi Rd/ Claremont Ave (Type 15 Foundations) LS 1 9,615.00 9,615.00 Bid Forms Last Revised 03/05/2024
942
,,
' ,;;
'
... 1741 De Ovan Av (Type 15 Foundations) LS 1 6,640.00 6,640.00 'f;'t:�,;]8 Mile Rd/ Trinity Pk (Type 15 Foundation) LS 1 9,615.00 9,615.00 I 9,615.00 'Holman Rd l Wakeman Dr (Type 15 Foundation) LS 1 9,615.00 •;, ..
TOTAL I 371,105.00 371,105.00
TOTAL BID $371,105.00
BIDDER'S NAME St. Francis Electric, LLC
Bid Forms Last Revised 03/05/2024
943
BIDDER CERTIFICATION
The undersigned agrees that if this bid is accepted, he/she will contract with the City of Stockton in the form of contract attached hereto to perform all of the work in accordance with the contract and the drawings, specifications, and other documents incorporated therein; that he/she will take in full payment therefor, and for all other obligations assumed under the contract, the prices set forth in the following bid schedule except as otherwise provided in the specifications; and that he/she will execute such contract and furnish the required contract bonds in the manner and within the time provided in the bidding requirements and conditions. The undersigned further agrees that he/she has carefully examined the site of the work and the bid documents and any addenda thereto, and is fully informed of the nature and location of the work, the quantities of the work, and the conditions to be encountered in performing the work; that the only parties interested in this bid as principals are those named herein and that this bid is made without collusion with any other party; and that this bid is submitted in all respects in accordance with the bidding requirements and conditions and all other requirements of the bid documents.
A BID GUARANTY ACCOMPANIES THIS BID IN THE FORM OF: (Check one of the following) D Cash, or
D Cashier's check, or
D Certified check payable to City of Stockton, or
[] Bidder's bond in favor of the City.
For any amount not less than ten percent (10%) of the aggregate of the bid.
ALSO ACCOMPANYING THIS BID ARE THE FOLLOWING ATTACHMENTS, PROPERLY EXECUTED AND SIGNED:
1. 2.
3. List of Subcontractors
Non-Collusion Declaration
DIR Self-Certification
4. Title VI Self-Certification
5. Local Employment Ordinance Acknowledgement
6. Local Business Preference Acknowledgement
THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS
St. Francis Electric, LLC.
Name of Firm
975 Carden Street
Address
1003811 Class A, C-10
Contractor Lie. No. & Classification
510-639-0639
Phone
San Leandro CA
City State
47-2615956
Tax I.D. No.
94577
Zip
05-31-2025
Expiration Date
NOTE - State law requires bidders on public agency contracts to include on their bid: (1) their State contractors license number, (2) the license expiration date, and (3) a statement that the representations made therein are made under penalty of pe�ury. The law further states that "Any bid not containing this information, or bid containing information which is substantially proven false shall be considered non-responsive and shall be rejected by the public agency."
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY Signah.Jr�uy Smith
Bid Forms
BIDDER SIGN
<== HERE President
Last Revised 03/05/2024
944
Exhibit B:
Insurance Requirements
(Streetlight Knockdown Repairs Phase 8)
Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety Bonds as described below.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by
945
either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:
946
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed
947
with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to
948
issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
949
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.
II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.
All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.
C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.
D. All City employees and non-employees share a responsibility to assist in
950
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.
E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up to and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.
F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.
G. The City of Stockton prohibits retaliation against any employee or nonemployee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.
H. This policy applies to all officials, employees, volunteers, unpaid interns, agents, or contractors of the City.
I. This policy shall be administered by the Director of Human Resources.
951
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:
1. Soliciting applications from a source where all or most of potential workers are of the same race or color.
2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and
3. Questioning a job applicant about the existence, nature and severity of a disability.
B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3)
952
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14
DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.
Harassment may take many forms, including, but not limited to, the following examples:
1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
2. Physical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made a term or condition of employment; or
2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
953
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14
DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93
3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.
Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Making or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.
954
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date: HARASSMENT POLICY Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.
D. Affordable Care Act (ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:
1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;
2. Reports potential violations of protections afforded under Title I of the Act, which provides guaranteed availability protections among other things;
3. Testifies in a proceeding concerning such violation;
4. Assists or participates in a proceeding concerning a violation; or
5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.
An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.
IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any
955
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.
1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and nonemployees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or
956
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14
DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.
If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge shall be taken.
2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or nonemployee to cease the conduct.
957
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From: HARASSMENT POLICY Effective Date:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.
B. Confidentiality. The City will make every effort to protect the privacy and confidentiality of all parties involved, as well as any information and/or documentation obtained, to the extent possible consistent with a thorough investigation.
C. Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.
V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is
958
Subject:
B.
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.
Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:
1. Identify and preserve the evidence.
2. Confirm the name and position of the complainant. Interview the complainant.
3. Allow the complainant the opportunity to place the complaint in writing.
4. Obtain the identity of the alleged harasser(s).
5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and witnesses (if applicable).
6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).
7. Ascertain if any threats or promises were made in connection with the alleged harassment.
8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).
9. Ascertain whether the complainant has spoken to anyone, especially
959
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 11 of 14
DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.
10. Ascertain what resolution would be acceptable to the complainant.
11. Interview the alleged harasser to get his or her side of the story, including any possible motivation for a false allegation.
12. Interview witnesses who were identified by the complainant regarding the alleged harasser or other persons identified during the investigation.
13. Interview witnesses who were identified by the alleged harasser or other persons identified during the investigation.
14. Advise all participants that the investigation is "confidential" and not to engage in any retaliatory conduct, as such conduct is subject to disciplinary action up to and including discharge. Confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.
15. Conduct follow-up interviews, if warranted.
16. Prepare report of findings and discuss with management and designated legal staff.
VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall
960
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.
B. If either the department head or the Director of Human Resources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.
C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consulting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.
D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged to have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determination as to whether the complaint is:
1. Unsustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).
2. Unfounded: The investigation proved that the act(s) or omission(s)
961
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09
3. 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.
Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.
E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.
F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.
VII. DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.
VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these
962
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 14 of 14
DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.
IX. COMMUNICATION OF POLICY
This policy shall be provided to all managers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.
APPROVED:
c:r��SON
CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1
963
964
965
966
967
968
969
970
971
972
973
City of Stockton
Legislation Text
File #: 24-0955, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE GUARDRAIL REHABILITATION PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Appropriate State Highway Safety Improvement Program funding in the amount of $307,300 to the Guardrail Rehabilitation, Project No. WT22049/HSIPSL-5008(198).
2. Approve Notice of Exemption No. NOE36-23 under the California Environmental Quality Act for the Guardrail Rehabilitation, Project No. WT22049/HSIPSL-5008(198).
3. Approve the plans and specifications for the Guardrail Rehabilitation, Project No.
WT22049/HSIPSL-5008(198).
4. Award a Construction Contract in the amount of $268,975 to Midstate Barrier, Inc. of Stockton, CA, for the Guardrail Rehabilitation, Project No. WT22049/HSIPSL-5008 (198).
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 Guardrail Rehabilitation project will replace guardrail sections, posts, and terminals on Lower Sacramento Road just south of Bear Creek and on the West 99 Frontage Road at Mosher Slough bridge crossing just south of the Stockton Soccer Complex (Attachment A). The project is funded from the State Highway Safety Improvement Program (HSIP) and was included in the 2021-26 FiveYear Capital Improvement Plan (CIP).
On August 15, 2024, the City received one bid for this project. It is recommended that Council award a Construction Contract to the sole responsible bidder, Midstate Barrier, Inc., in the amount of $268,975. It is also recommended that Council adopt a resolution approving Notice of Exemption No.
NOE36-23 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to be completed by winter 2024.
DISCUSSION
Background
The HSIP is a core State-aid program that provides funding for projects that aim to reduce the City of Stockton Page 1 of 3 Printed on 11/7/2024
powered by Legistar™974
File #: 24-0955, Version: 1
frequency and severity of collisions by improving roadway design and operational conditions. In November 2020, the City submitted nine grant applications to Caltrans for Cycle 10 of the HSIP grant program, including the Guardrail Rehabilitation project. The project was awarded $374,200 in HSIP State funds, and there is no required local match. The project was included in the FY 2021-26 FiveYear CIP.
The project will enhance safety by replacing guardrail sections, posts, and terminals on Lower Sacramento Road just south of Bear Creek and on the West 99 Frontage Road at Mosher Slough bridge crossing just south of the Stockton Soccer Complex (Attachment A). There are currently damaged guardrail systems at both locations.
State and federal funding programs prohibit the use of the Local Employment Ordinance (Stockton Municipal Code (SMC) section 3.68.095), and the Local Business Preference Ordinance (SMC section 3.68.090).
Present Situation
On July 19, 2024, the Guardrail Rehabilitation, Project No. WT22049/HSIPSL-5008(198), was advertised for bids. On August 15, 2024, one bid was received with the following result:
COMPANY NAME BID AMOUNT
Midstate Barrier, Inc. (Stockton, CA) $268,975
Engineer’s Estimate $264,000
The bid from Midstate Barrier, Inc., the sole responsible bidder, is regular in all respects and has the proper license to perform the work. It is recommended that Council approve the plans and specifications for the project and award a Construction Contract to Midstate Barrier, Inc. of Stockton, CA, in the amount of $268,975.
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(d) of the CEQA Guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No.
NOE36-23 under CEQA.
Construction is anticipated to be completed by winter 2024.
FINANCIAL SUMMARY
With the appropriation of State HSIP funds in the amount of $307,300, there will be sufficient funding to award a Construction Contract to Midstate Barrier, Inc., in the amount of $268,975, for the Guardrail Rehabilitation, Project No. WT22049/HSIPSL-5008(198), and to fund all other construction related costs to complete the project.
City of Stockton Page 2 of 3 Printed on 11/7/2024
powered by Legistar™975
File #: 24-0955, Version: 1
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.
Attachment A - Vicinity Map
City of Stockton Page 3 of 3 Printed on 11/7/2024
powered by Legistar™976
LOWER
EIGHT MILE ROAD WEST LANE
HAMMER LANE
PACIFIC AVENU
MORADA LANE HOLMAN ROAD
BEAR CREEK ROAD
UPRR
UPRR (SPRR)
SACRAMENTO
PIXLEY
SLOUGH
AKS DR.
FRED RUSSO
PROJECT LOCATION 1 PROJECT LOCATION 2
HSIP 10 - GUARDRAIL REHABILITATION
(PROJECT NO. WT22049 / HSIPSL-5008(198))
CITY OF STOCKTON
DEPARTMENT OF PUBLIC WORKS
ATTACHMENT A
VICINITY MAP
NOT TO SCALE
N
PROJECT LIMITS
LEGEND:
977
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROPRIATING FUNDS, APPROVING THE NOTICE OF EXEMPTION NO. NOE36-23, APPROVING THE PLANS AND SPECIFICATIONS, AND
AWARDING A CONSTRUCTION CONTRACT FOR THE GUARDRAIL
REHABILITATION, PROJECT NO. WT22049/HSIPSL-5008(198)
On August 15, 2024, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Guardrail Rehabilitation, Project No. WT22049/HSIPSL-5008(198); and
The project will replace guardrail sections, posts, and terminals on Lower Sacramento Road just south of Bear Creek and on the West 99 Frontage Road at Mosher Slough bridge crossing just south of the Stockton Soccer Complex; and Midstate Barrier, Inc. is the sole responsible bidder in the amount of $268,975, and its bid is responsive and regular in all respects; and
The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(d) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the appropriation of State Highway Safety Improvement Program (HSIP) funding in the amount of $307,300 to the Guardrail Rehabilitation, Project No. WT22049/HSIPSL-5008(198).
2. The City Council approves the filing of Notice of Exemption No. NOE36-23 under the CEQA for the Guardrail Rehabilitation, Project No. WT22049/HSIPSL5008(198), a copy of which is attached as Exhibit 1 and incorporated by this reference.
3. The City Council approves the plans and specifications for the Guardrail Rehabilitation, Project No. WT22049/HSIPSL-5008(198).
4. The City Council awards a Construction Contract between the City of Stockton and Midstate Barrier, Inc., in the amount of $268,975, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
978
5. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED November 12, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
979
TO: COUNTY CLERK
COUNTY OF SAN JOAQUIN
44 N. San Joaquin St., Ste. 260
Stockton, CA 95202
CITY OF STOCKTON
NOTICE OF EXEMPTION
FROM: Lead Agency
City of Stockton
c/o Public Works Department
22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(6) AND CALIFORNIA CODE OF REGULATIONS TITLE 14 SECTION 15062
PROJECT DATA
Project Title: HSIP 10 - Guardrail Rehabilitation Project No. WT22049/HSIPSL-5008(198) CEQA Exemption File No.: NOE 36-23
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton's Public Works Department will be performing guardrail rehabilitation in two locations; 1) along Lower Sacramento Road in-between Bear Creek and Armor Drive; and 2) along the 99 Frontage Road just south of the Stockton SoccerComplex. The project proposes to rehabilitate/replace guardrail posts, sections, and end sections, and one (1) tree removal.
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The activity is not a "project" as defined in CEQA Guidelines Section 15378.
The activity is exempt under the "general rule" at CEQA Guidelines Section 15061 (8)(3).
The project is "Statutorily Exempt" per CEQA Guidelines Section: ___ _ _ X_ The project is "Categorically Exempt" per CEQA Guidelines Section 15301 (D).
BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
_lL The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
JODI ALMASSY, DIRECTOR
PUBLIC WORKS DEPARTMENT
July 13. 2023
(DATE OF PREPARATION)
(DATE OF FINAL APPROVAL)
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
Signature Title
Posting Period Ending Date
EXHIBIT 1
980
State-Aid Construction Contract – MIDSTATE BARRIER, INC. – WT22049/HSIPSL-5008(198) (Updated 10/18/23)
CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between MIDSTATE BARRIER, INC., a STATE OF CA CORPORATION, with a business address at 3291 SOUTH HIGHWAY 99, STOCKTON, CA 95215, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:
WHEREAS, plans and specifications for the construction of the GUARDRAIL REHABILITATION, PROJECT NO. WT22049/STATE PROJECT NO.
HSIPSL-5008(198), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. __________________. The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $268,975, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
EXHIBIT 2 Page 1 of 127
981
State-Aid Construction Contract – MIDSTATE BARRIER, INC. – WT22049/HSIPSL-5008(198) (Updated 10/18/23)
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured.
Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater.
The Additional Insured coverage under the Contractor’s policy shall be “primary and noncontributory” and will not seek contribution from the City of Stockton’s insurance or selfinsurance and shall be at least as broad as CG 20 01 04 13.
The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or Agreement) before the City of Stockton’s own insurance or selfinsurance shall be called upon to protect it as a named insured.
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City of Stockton.
The City of Stockton reserves the right to obtain a full certified copy of any Insurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
Contractor shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
Contractor agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.
Subcontractors hired by Contractor agree to be bound to Contractor and the City of Stockton in the same manner and to the same extent as Contractor is bound to the City of Stockton under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the City of Stockton Contract
982
State-Aid Construction Contract – MIDSTATE BARRIER, INC. – WT22049/HSIPSL-5008(198) (Updated 10/18/23)
Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General Contractor shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencement of any work and contractor will provide proof of compliance to the City.
4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.
6. WORKING DAYS. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($3600) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if CITY decides to increase the said number of days, CITY shall
983
State-Aid Construction Contract – MIDSTATE BARRIER, INC. – WT22049/HSIPSL-5008(198) (Updated 10/18/23)
further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director, inability to get materials ordered by CONTRACTOR or Subcontractor due to such causes provided that CONTRACTOR shall notify the Director in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director or of CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONFORMANCE TO APPLICABLE LAWS
A. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
B. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define
984
State-Aid Construction Contract – MIDSTATE BARRIER, INC. – WT22049/HSIPSL-5008(198) (Updated 10/18/23)
the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
C. LABOR STANDARDS AND PROVISIONS/CALIFORNIA LABOR CODE The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
D. PREVAILING WAGE
CONTRACTOR and any Subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each Subcontractor (see Exhibit D). As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each Subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
(i) The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work. (ii) Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for
985
State-Aid Construction Contract – MIDSTATE BARRIER, INC. – WT22049/HSIPSL-5008(198) (Updated 10/18/23)
each laborer, worker, or mechanic employed by CONTRACTOR, or by any Subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
(iii) The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
(iv) The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
E. APPENDIX E OF THE TITLE VI ASSURANCES
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the Appendix E of the Title VI Assurances attached as Exhibit E.
F. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
CITY agrees:
8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of
986
State-Aid Construction Contract – MIDSTATE BARRIER, INC. – WT22049/HSIPSL-5008(198) (Updated 10/18/23)
work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.
9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.
CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.
Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-2013, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11. AUDITS
(a) CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
(b) CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with
987
State-Aid Construction Contract – MIDSTATE BARRIER, INC. – WT22049/HSIPSL-5008(198) (Updated 10/18/23)
this requirement. CONTRACTOR further agrees to maintain such records for a period of five (5) years after final payment under the contract.
12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.
ATTEST:
KATHERINE ROLAND, CMC, CPMC
INTERIM CITY CLERK
By:
By: HARRY BLACK
CITY MANAGER
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
MIDSTATE BARRIER, INC.
By:
ASSISTANT CITY ATTORNEY
Tax Identification No.
988
989
REV 2024-03-25
Insurance Requirements
(HSIP 10 – GUARDRAIL REHABILITATION, WT22049)
Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $3,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety Bonds as described below.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including
990
REV 2024-03-25
Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:
991
REV 2024-03-25
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed
992
REV 2024-03-25
with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to
993
REV 2024-03-25
issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
994
995
996
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
"General Decision Number: CA20240018 07/12/2024
Superseded General Decision Number: CA20230018
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and Tuolumne Counties in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis‐Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis‐Bacon Act itself, but do not apply to contracts subject only to the Davis‐Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).
______________________________________________________________ |If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.20 per hour (or | | | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2024. |
|______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.90 per hour (or the |
| | applicable wage rate listed|
1009
| | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2024. | |______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2024
1 01/12/2024
2 01/19/2024
3 01/26/2024
4 02/09/2024
5 02/16/2024
6 02/23/2024
7 03/01/2024
8 03/08/2024
9 03/15/2024
10 04/12/2024
11 04/26/2024
12 05/24/2024
13 07/05/2024
14 07/12/2024
ASBE0016‐004 01/01/2021
AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED,
MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS &
TOULMNE COUNTIES
AREA 2: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA
CLARA COUNTIES
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
1010
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)
Area 1......................$ 30.45 10.60
Area 2......................$ 36.53 9.27
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ASBE0016‐008 01/01/2024
AREA 1: ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN
FRANCISCO, SAN MATEO, SANTA CLARA, & SANTA CRUZ
AREA 2: CALAVERAS, COLUSA, FRESNO, KINGS, MADERA, MARIPOSA,
MERCED, SAN JOAQUIN, STANISLAUS, & TUOLUMNE
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
Protective Coverings,
Coatings, and Finishes to all
types of mechanical systems)
Area 1......................$ 84.76 25.07
Area 2......................$ 64.56 25.07
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BOIL0549‐001 01/01/2021
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA
CLARA COUNTIES
AREA 2: REMAINING COUNTIES
Rates Fringes
BOILERMAKER
Area 1......................$ 49.62 41.27
Area 2......................$ 45.60 38.99
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BRCA0003‐001 08/01/2023
Rates Fringes
MARBLE FINISHER..................$ 41.18 18.58 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
1011
BRCA0003‐003 08/01/2023
Rates Fringes
MARBLE MASON.....................$ 60.20 28.82 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BRCA0003‐005 05/01/2024
Rates Fringes
BRICKLAYER
( 1) Fresno, Kings,
Madera, Mariposa, Merced....$ 51.17 25.80
( 7) San Francisco, San
Mateo.......................$ 57.02 28.50
( 8) Alameda, Contra
Costa, San Benito, Santa
Clara.......................$ 56.94 26.28
( 9) Calaveras, San
Joaquin, Stanislaus,
Toulumne....................$ 52.76 25.01
(16) Monterey, Santa Cruz...$ 54.18 27.82
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BRCA0003‐008 07/01/2023
Rates Fringes
TERRAZZO FINISHER................$ 43.90 19.51 TERRAZZO WORKER/SETTER...........$ 59.06 28.31 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BRCA0003‐011 04/01/2024
AREA 1: Alameda, Contra Costa, Monterey, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz
AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne
AREA 3: Fresno, Kings, Madera, Mariposa, Merced
Rates Fringes
TILE FINISHER
Area 1......................$ 37.75 19.28
Area 2......................$ 34.76 19.22
Area 3......................$ 32.68 18.32
Tile Layer
Area 1......................$ 59.92 22.62
Area 2......................$ 55.17 22.52
Area 3......................$ 50.28 22.05
1012
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0022‐001 07/01/2023
San Francisco County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 60.39 33.52
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 60.54 33.52
Journeyman Carpenter........$ 60.39 33.52
Millwright..................$ 60.49 35.11
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0034‐001 07/01/2021
Rates Fringes
Diver
Assistant Tender, ROV
Tender/Technician...........$ 54.10 34.69
Diver standby...............$ 60.51 34.69
Diver Tender................$ 59.51 34.69
Diver wet...................$ 103.62 34.69
Manifold Operator (mixed
gas)........................$ 64.51 34.69
Manifold Operator (Standby).$ 59.51 34.69
DEPTH PAY (Surface Diving):
050 to 100 ft $2.00 per foot
101 to 150 ft $3.00 per foot
151 to 220 ft $4.00 per foot
221 ft.‐deeper $5.00 per foot
SATURATION DIVING:
The standby rate shall apply until saturation starts. The saturation diving rate applies when divers are under
pressure continuously until work task and decompression are complete. The diver rate shall be paid for all saturation hours.
DIVING IN ENCLOSURES:
Where it is necessary for Divers to enter pipes or tunnels, or other enclosures where there is no vertical ascent, the following premium shall be paid: Distance traveled from entrance 26 feet to 300 feet: $1.00 per foot. When it is
1013
necessary for a diver to enter any pipe, tunnel or other enclosure less than 48"" in height, the premium will be $1.00 per foot.
WORK IN COMBINATION OF CLASSIFICATIONS:
Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0034‐003 07/01/2021
Rates Fringes
Piledriver.......................$ 54.10 34.69 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0035‐007 07/01/2020
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, San Joaquin, Stanislaus, Tuolumne Counties
Rates Fringes
Modular Furniture Installer
Area 1
Installer..................$ 28.76 22.53
Lead Installer.............$ 32.21 23.03
Master Installer...........$ 36.43 23.03
Area 2
Installer..................$ 26.11 22.53
Lead Installer.............$ 29.08 23.03
Master Installer...........$ 32.71 23.03
Area 3
Installer..................$ 25.16 22.53
Lead Installer.............$ 27.96 23.03
Master Installer...........$ 31.38 23.03
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0035‐008 08/01/2020
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
1014
AREA 3: San Joaquin
AREA 4: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Stanislaus, Tuolumne Counties
Rates Fringes
Drywall Installers/Lathers:
Area 1......................$ 52.65 31.26
Area 2......................$ 46.77 31.26
Area 3......................$ 47.27 31.26
Area 4......................$ 45.92 31.26
Drywall Stocker/Scrapper
Area 1......................$ 26.33 18.22
Area 2......................$ 23.39 18.22
Area 3......................$ 23.64 18.22
Area 4......................$ 22.97 18.22
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0152‐001 07/01/2020
Contra Costa County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 52.80 30.82
Journeyman Carpenter........$ 52.65 30.82
Millwright..................$ 52.75 32.41
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0152‐002 07/01/2020
San Joaquin County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
1015
Filer.......................$ 46.92 30.82
Journeyman Carpenter........$ 46.77 30.82
Millwright..................$ 49.27 32.41
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0152‐004 07/01/2020
Calaveras, Mariposa, Merced, Stanislaus and Tuolumne Counties Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 45.57 30.82
Journeyman Carpenter........$ 45.42 30.82
Millwright..................$ 47.92 32.41
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0217‐001 07/01/2023
San Mateo County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 60.39 33.52
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 60.54 33.52
Journeyman Carpenter........$ 60.39 33.52
Millwright..................$ 60.49 35.11
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0405‐001 07/01/2021
Santa Clara County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
1016
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0405‐002 07/01/2021
San Benito County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0505‐001 07/01/2021
Santa Cruz County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0605‐001 07/01/2021
Monterey County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
1017
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0701‐001 07/01/2021
Fresno and Madera Counties
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 47.77 31.49
Journeyman Carpenter........$ 47.62 31.49
Millwright..................$ 50.12 33.08
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0713‐001 07/01/2021
Alameda County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP1109‐001 07/01/2021
Kings County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
1018
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 47.77 31.49
Journeyman Carpenter........$ 47.62 31.49
Millwright..................$ 50.12 33.08
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0006‐004 11/01/2023
SAN FRANCISCO COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 51.68 3%+24.65
Technician..................$ 59.43 3%+24.65
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life‐safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0006‐007 06/01/2023
SAN FRANCISCO COUNTY
Rates Fringes
ELECTRICIAN......................$ 88.25 3%+42.315 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0100‐002 03/01/2024
1019
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
ELECTRICIAN......................$ 45.00 29.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0100‐005 12/01/2023
FRESNO, KINGS, MADERA
Rates Fringes
Communications System
Installer...................$ 42.48 27.42
Technician..................$ 48.85 27.42
SCOPE OF WORK
Includes the installation testing, service and maintenance, of the following systems which utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for the following: TV monitoring and surveillance,
background‐foreground music, intercom and telephone
interconnect, inventory control systems, microwave
transmission, multi‐media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms, and low voltage master clock systems.
A. SOUND AND VOICE TRANSMISSION/TRANSFERENCE SYSTEMS
Background foreground music, Intercom and telephone
interconnect systems, Telephone systems Nurse call systems, Radio page systems, School intercom and sound systems,
Burglar alarm systems, Low voltage, master clock systems, Multi‐media/multiplex systems, Sound and musical
entertainment systems, RF systems, Antennas and Wave Guide, B. FIRE ALARM SYSTEMS Installation, wire pulling and testing C. TELEVISION AND VIDEO SYSTEMS Television monitoring and surveillance systems Video security systems, Video
entertainment systems, Video educational systems, Microwave transmission systems, CATV and CCTV
D. SECURITY SYSTEMS Perimeter security systems Vibration sensor systems Card access systems Access control systems, Sonar/infrared monitoring equipment
E. COMMUNICATIONS SYSTEMS THAT TRANSMIT OR RECEIVE
INFORMATION AND/OR CONTROL SYSTEMS THAT ARE INTRINSIC TO THE ABOVE LISTED SYSTEMS SCADA (Supervisory Control and
1020
Data Acquisition) PCM (Pulse Code Modulation) Inventory Control Systems, Digital Data Systems Broadband and
Baseband and Carriers Point of Sale Systems, VSAT Data
Systems Data Communication Systems RF and Remote Control Systems, Fiber Optic Data Systems
WORK EXCLUDED Raceway systems are not covered (excluding Ladder‐Rack for the purpose of the above listed systems).
Chases and/or nipples (not to exceed 10 feet) may be
installed on open wiring systems. Energy management
systems. SCADA (Supervisory Control and Data Acquisition) when not intrinsic to the above listed systems (in the
scope). Fire alarm systems when installed in raceways
(including wire and cable pulling) shall be performed at the electrician wage rate, when either of the following two (2) conditions apply:
1. The project involves new or major remodel building trades construction.
2. The conductors for the fire alarm system are installed in conduit.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0234‐001 12/25/2023
MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes
ELECTRICIAN
Zone A......................$ 65.16 29.55
Zone B......................$ 71.68 29.75
Zone A: All of Santa Cruz, Monterey, and San Benito Counties within 25 air miles of Highway 1 and Dolan Road in Moss Landing, and an area extending 5 miles east and west of Highway 101 South to the San Luis Obispo County Line
Zone B: Any area outside of Zone A
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0234‐003 12/01/2021
MONTEREY, SAN BENITO, AND SANTA CRUZ COUNTIES
Rates Fringes
Sound & Communications
Installer...................$ 47.93 24.09
Technician..................$ 55.12 24.30
1021
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life‐safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0302‐001 02/27/2023
CONTRA COSTA COUNTY
Rates Fringes
CABLE SPLICER....................$ 68.92 32.67 ELECTRICIAN......................$ 61.26 32.44 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0302‐003 12/01/2023
CONTRA COSTA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 48.44 27.60
Technician..................$ 55.71 27.82
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
1022
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life‐safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0332‐001 06/01/2024
SANTA CLARA COUNTY
Rates Fringes
CABLE SPLICER....................$ 100.25 46.72 ELECTRICIAN......................$ 87.17 46.33 FOOTNOTES: Work under compressed air or where gas masks are required, orwork on ladders, scaffolds, stacks, ""Bosun's chairs,"" or other structures and where the workers are not protected by permanent guard rails at a distance of 40 to 60 ft. from the ground or supporting structures: to be paid one and one‐half times the straight‐time rate of pay.
Work on structures of 60 ft. or over (as described above):
to be paid twice the straight‐time rate of pay.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0332‐003 12/01/2023
SANTA CLARA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 53.18 27.745
Technician..................$ 61.16 27.985
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed
1023
in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life‐safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0595‐001 06/01/2024
ALAMEDA COUNTY
Rates Fringes
CABLE SPLICER....................$ 84.18 3%+44.68 ELECTRICIAN......................$ 73.20 3%+44.68 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0595‐002 12/01/2022
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
CABLE SPLICER....................$ 53.34 7.75%+25.88
ELECTRICIAN
(1) Tunnel work.............$ 46.67 7.75%+25.88
(2) All other work.........$ 44.45 7.75%+25.88
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0595‐006 11/01/2023
ALAMEDA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 51.18 3%+24.15
Technician..................$ 58.86 3%+24.15
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
1024
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life‐safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0595‐008 11/01/2023
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
Communications System
Installer...................$ 40.88 3%+24.15
Technician..................$ 47.01 3%+24.15
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life‐safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
1025
electrician.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0617‐001 06/01/2023
SAN MATEO COUNTY
Rates Fringes
ELECTRICIAN......................$ 78.00 45.88 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0617‐003 12/01/2023
SAN MATEO COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 53.18 27.75
Technician..................$ 61.16 27.98
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life‐safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0684‐001 06/01/2024
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
1026
ELECTRICIAN......................$ 47.50 29.36 CABLE SPLICER = 110% of Journeyman Electrician
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0684‐004 12/01/2023
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
Communications System
Installer...................$ 42.48 27.42
Technician..................$ 48.85 27.62
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life‐safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC1245‐001 06/01/2024
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 70.16 24.46
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
1027
line equipment).............$ 53.30 22.01
(3) Groundman...............$ 40.76 21.51
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEV0008‐001 01/01/2024
Rates Fringes
ELEVATOR MECHANIC................$ 80.76 37.885+a+b FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ENGI0003‐001 06/28/2023
""AREA 1"" WAGE RATES ARE LISTED BELOW
""AREA 2"" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1 RATES.
SEE AREA DEFINITIONS BELOW
Rates Fringes
OPERATOR: Power Equipment
(AREA 1:)
GROUP 1.....................$ 60.72 31.03
GROUP 2.....................$ 59.19 31.03
GROUP 3.....................$ 57.71 31.03
GROUP 4.....................$ 56.33 31.03
GROUP 5.....................$ 55.06 31.03
GROUP 6.....................$ 53.74 31.03
GROUP 7.....................$ 52.60 31.03
GROUP 8.....................$ 51.46 31.03
GROUP 8‐A...................$ 49.25 31.03
OPERATOR: Power Equipment
(Cranes and Attachments ‐
AREA 1:)
1028
GROUP
1 Cranes.....................$ 52.30 31.15
Oiler......................$ 43.79 31.15
Truck crane oiler..........$ 46.08 31.15
GROUP2
Cranes.....................$ 50.54 31.15
Oiler......................$ 42.83 31.15
Truck crane oiler..........$ 45.07 31.15
GROUP3
Cranes.....................$ 48.80 31.15
Hydraulic..................$ 44.44 31.15
Oiler......................$ 42.55 31.15
Truck crane oiler..........$ 44.83 31.15
GROUP4
Cranes.....................$ 45.76 31.15
OPERATOR: Power Equipment
(Piledriving ‐ AREA 1:)
GROUP1
Lifting devices............$ 52.64 31.15
Oiler......................$ 43.38 31.15
Truck Crane Oiler..........$ 45.66 31.15
GROUP2
Lifting devices............$ 50.82 31.15
Oiler......................$ 43.11 31.15
Truck Crane Oiler..........$ 45.41 31.15
GROUP3
Lifting devices............$ 49.14 31.15
Oiler......................$ 42.89 31.15
Truck Crane Oiler..........$ 45.12 31.15
GROUP4
Lifting devices............$ 47.37 31.15
GROUP5
Lifting devices............$ 44.73 31.15
GROUP6
Lifting devices............$ 42.50 31.15
OPERATOR: Power Equipment
(Steel Erection ‐ AREA 1:)
GROUP1
Cranes.....................$ 53.27 31.15
Oiler......................$ 43.72 31.15
Truck Crane Oiler..........$ 45.95 31.15
GROUP2
Cranes.....................$ 51.50 31.15
Oiler......................$ 43.45 31.15
Truck Crane Oiler..........$ 45.73 31.15
GROUP3
Cranes.....................$ 50.02 31.15
Hydraulic..................$ 45.07 31.15
Oiler......................$ 43.23 31.15
Truck Crane Oiler..........$ 45.46 31.15
1029
GROUP 4
Cranes.....................$ 48.00 31.15
GROUP 5
Cranes.....................$ 46.70 31.15
OPERATOR: Power Equipment
(Tunnel and Underground Work
‐ AREA 1:)
SHAFTS, STOPES, RAISES:
GROUP 1....................$ 56.82 31.03
GROUP 1‐A..................$ 59.29 31.03
GROUP 2....................$ 55.56 31.03
GROUP 3....................$ 54.23 31.03
GROUP 4....................$ 53.09 31.03
GROUP 5....................$ 51.95 31.03
UNDERGROUND:
GROUP 1....................$ 56.72 31.03
GROUP 1‐A..................$ 59.19 31.03
GROUP 2....................$ 55.46 31.03
GROUP 3....................$ 54.13 31.03
GROUP 4....................$ 52.99 31.03
GROUP 5....................$ 51.85 31.03
FOOTNOTE: Work suspended by ropes or cables, or work on a Yo‐Yo Cat: $.60 per hour additional.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1: Operator of helicopter (when used in erection work); Hydraulic excavator, 7 cu. yds. and over; Power shovels, over 7 cu. yds.
GROUP 2: Highline cableway; Hydraulic excavator, 3‐1/2 cu. yds. up to 7 cu. yds.; Licensed construction work boat
operator, on site; Power blade operator (finish); Power shovels, over 1 cu. yd. up to and including 7 cu. yds.
m.r.c.
GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine assistant to engineer or mechanic; Crane
mounted continuous flight tie back machine, tonnage to
apply; Crane mounted drill attachment, tonnage to apply; Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2 cu. yds.; Loader 4 cu. yds. and over; Long reach excavator; Multiple engine scraper (when used as push pull); Power shovels, up to and including 1 cu. yd.; Pre‐stress wire wrapping machine; Side boom cat, 572 or larger; Track
loader 4 cu. yds. and over; Wheel excavator (up to and
including 750 cu. yds. per hour)
1030
GROUP 4: Asphalt plant engineer/box person; Chicago boom; Combination backhoe and loader up to and including 3/4 cu. yd.; Concrete batch plant (wet or dry); Dozer and/or push cat; Pull‐ type elevating loader; Gradesetter, grade
checker (GPS, mechanical or otherwise); Grooving and
grinding machine; Heading shield operator; Heavy‐duty
drilling equipment, Hughes, LDH, Watson 3000 or similar; Heavy‐duty repairperson and/or welder; Lime spreader;
Loader under 4 cu. yds.; Lubrication and service engineer (mobile and grease rack); Mechanical finishers or spreader machine (asphalt, Barber‐Greene and similar); Miller
Formless M‐9000 slope paver or similar; Portable crushing and screening plants; Power blade support; Roller operator, asphalt; Rubber‐tired scraper, self‐loading (paddle‐wheels, etc.); Rubber‐ tired earthmoving equipment (scrapers); Slip form paver (concrete); Small tractor with drag; Soil
stabilizer (P & H or equal); Spider plow and spider puller; Tubex pile rig; Unlicensed constuction work boat operator, on site; Timber skidder; Track loader up to 4 yds.;
Tractor‐drawn scraper; Tractor, compressor drill
combination; Welder; Woods‐Mixer (and other similar Pugmill equipment)
GROUP 5: Cast‐in‐place pipe laying machine; Combination slusher and motor operator; Concrete conveyor or concrete pump, truck or equipment mounted; Concrete conveyor,
building site; Concrete pump or pumpcrete gun; Drilling equipment, Watson 2000, Texoma 700 or similar; Drilling and boring machinery, horizontal (not to apply to waterliners, wagon drills or jackhammers); Concrete mixer/all; Person and/or material hoist; Mechanical finishers (concrete)
(Clary, Johnson, Bidwell Bridge Deck or similar types); Mechanical burm, curb and/or curb and gutter machine,
concrete or asphalt); Mine or shaft hoist; Portable
crusher; Power jumbo operator (setting slip‐forms, etc., in tunnels); Screed (automatic or manual); Self‐propelled
compactor with dozer; Tractor with boom D6 or smaller;
Trenching machine, maximum digging capacity over 5 ft.
depth; Vermeer T‐600B rock cutter or similar
GROUP 6: Armor‐Coater (or similar); Ballast jack tamper; Boom‐ type backfilling machine; Assistant plant engineer; Bridge and/or gantry crane; Chemical grouting machine,
truck‐mounted; Chip spreading machine operator; Concrete saw (self‐propelled unit on streets, highways, airports and canals); Deck engineer; Drilling equipment Texoma 600,
Hughes 200 Series or similar up to and including 30 ft. m.r.c.; Drill doctor; Helicopter radio operator;
Hydro‐hammer or similar; Line master; Skidsteer loader,
1031
Bobcat larger than 743 series or similar (with
attachments); Locomotive; Lull hi‐lift or similar; Oiler, truck mounted equipment; Pavement breaker, truck‐mounted, with compressor combination; Paving fabric installation and/or laying machine; Pipe bending machine (pipelines
only); Pipe wrapping machine (tractor propelled and
supported); Screed (except asphaltic concrete paving);
Self‐ propelled pipeline wrapping machine; Tractor;
Self‐loading chipper; Concrete barrier moving machine
GROUP 7: Ballast regulator; Boom truck or dual‐purpose
A‐frame truck, non‐rotating ‐ under 15 tons; Cary lift or similar; Combination slurry mixer and/or cleaner; Drilling equipment, 20 ft. and under m.r.c.; Firetender (hot plant); Grouting machine operator; Highline cableway signalperson; Stationary belt loader (Kolman or similar); Lift slab
machine (Vagtborg and similar types); Maginnes internal full slab vibrator; Material hoist (1 drum); Mechanical trench shield; Pavement breaker with or without compressor combination); Pipe cleaning machine (tractor propelled and supported); Post driver; Roller (except asphalt); Chip
Seal; Self‐propelled automatically applied concrete curing mahcine (on streets, highways, airports and canals);
Self‐propelled compactor (without dozer); Signalperson; Slip‐form pumps (lifting device for concrete forms); Tie spacer; Tower mobile; Trenching machine, maximum digging capacity up to and including 5 ft. depth; Truck‐ type loader GROUP 8: Bit sharpener; Boiler tender; Box operator;
Brakeperson; Combination mixer and compressor
(shotcrete/gunite); Compressor operator; Deckhand; Fire tender; Forklift (under 20 ft.); Generator;
Gunite/shotcrete equipment operator; Hydraulic monitor; Ken seal machine (or similar); Mixermobile; Oiler; Pump
operator; Refrigeration plant; Reservoir‐debris tug (self‐ propelled floating); Ross Carrier (construction site);
Rotomist operator; Self‐propelled tape machine; Shuttlecar; Self‐propelled power sweeper operator (includes vacuum
sweeper); Slusher operator; Surface heater; Switchperson; Tar pot firetender; Tugger hoist, single drum; Vacuum
cooling plant; Welding machine (powered other than by
electricity)
GROUP 8‐A: Elevator operator; Skidsteer loader‐Bobcat 743 series or smaller, and similar (without attachments); Mini excavator under 25 H.P. (backhoe‐trencher); Tub grinder wood chipper
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
1032
ALL CRANES AND ATTACHMENTS
GROUP 1: Clamshell and dragline over 7 cu. yds.; Crane, over 100 tons; Derrick, over 100 tons; Derrick barge
pedestal‐mounted, over 100 tons; Self‐propelled boom‐type lifting device, over 100 tons
GROUP 2: Clamshell and dragline over 1 cu. yd. up to and including 7 cu. yds.; Crane, over 45 tons up to and
including 100 tons; Derrick barge, 100 tons and under;
Self‐propelled boom‐type lifting device, over 45 tons;
Tower crane
GROUP 3: Clamshell and dragline up to and including 1 cu. yd.; Cranes 45 tons and under; Self‐propelled boom‐type lifting device 45 tons and under;
GROUP 4: Boom Truck or dual purpose A‐frame truck,
non‐rotating over 15 tons; Truck‐mounted rotating
telescopic boom type lifting device, Manitex or similar (boom truck) over 15 tons; Truck‐mounted rotating
telescopic boom type lifting device, Manitex or similar (boom truck) ‐ under 15 tons;
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
PILEDRIVERS
GROUP 1: Derrick barge pedestal mounted over 100 tons;
Clamshell over 7 cu. yds.; Self‐propelled boom‐type lifting device over 100 tons; Truck crane or crawler, land or barge mounted over 100 tons
GROUP 2: Derrick barge pedestal mounted 45 tons to and
including 100 tons; Clamshell up to and including 7 cu. yds.; Self‐propelled boom‐type lifting device over 45 tons; Truck crane or crawler, land or barge mounted, over 45 tons up to and including 100 tons; Fundex F‐12 hydraulic pile rig GROUP 3: Derrick barge pedestal mounted under 45 tons; Self‐ propelled boom‐type lifting device 45 tons and under;
Skid/scow piledriver, any tonnage; Truck crane or crawler, land or barge mounted 45 tons and under
GROUP 4: Assistant operator in lieu of assistant to engineer; Forklift, 10 tons and over; Heavy‐duty repairperson/welder GROUP 5: Deck engineer
GROUP 6: Deckhand; Fire tender
1033
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
STEEL ERECTORS
GROUP 1: Crane over 100 tons; Derrick over 100 tons; Self‐ propelled boom‐type lifting device over 100 tons
GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100 tons; Self‐propelled boom‐type lifting device over 45 tons to 100 tons; Tower crane
GROUP 3: Crane, 45 tons and under; Self‐propelled boom‐type lifting device, 45 tons and under
GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy‐duty repair person/welder
GROUP 5: Boom cat
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐
TUNNEL AND UNDERGROUND WORK
GROUP 1‐A: Tunnel bore machine operator, 20' diameter or more
GROUP 1: Heading shield operator; Heavy‐duty repairperson; Mucking machine (rubber tired, rail or track type); Raised bore operator (tunnels); Tunnel mole bore operator
GROUP 2: Combination slusher and motor operator; Concrete pump or pumpcrete gun; Power jumbo operator
GROUP 3: Drill doctor; Mine or shaft hoist
GROUP 4: Combination slurry mixer cleaner; Grouting Machine operator; Motorman
GROUP 5: Bit Sharpener; Brakeman; Combination mixer and compressor (gunite); Compressor operator; Oiler; Pump
operator; Slusher operator
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ AREA DESCRIPTIONS:
POWER EQUIPMENT OPERATORS, CRANES AND ATTACHMENTS,TUNNEL AND UNDERGROUND [These areas do not apply to Piledrivers and Steel Erectors]
1034
AREA 1: ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS,
MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN
FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ,
STANISLAUS, TUOLUMNE
AREA 2 ‐NOTED BELOW
THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW:
CALAVERAS COUNTY:
Area 1: Remainder
Area 2: Eastern Part
FRESNO COUNTY:
Area 1: Remainder
Area 2: Eastern Part
MADERA COUNTY:
Area 1: Remainder
Area 2: Eastern Part
MARIPOSA COUNTY:
Area 1: Remainder
Area 2: Eastern Part
MONTEREY COUNTY:
Area 1: Remainder
Area 2: Southwestern part
TUOLUMNE COUNTY:
Area 1: Remainder
Area 2: Eastern Part
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ENGI0003‐008 08/01/2023
Rates Fringes
Dredging: (DREDGING:
CLAMSHELL & DIPPER DREDGING;
HYDRAULIC SUCTION DREDGING:)
AREA 1:
(1) Leverman...............$ 57.95 37.55
(2) Dredge Dozer; Heavy
duty repairman.............$ 52.99 37.55
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
1035
Operator...................$ 51.87 37.55
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 48.57 37.55
AREA 2:
(1) Leverman...............$ 59.95 37.55
(2) Dredge Dozer; Heavy
duty repairman.............$ 54.99 37.55
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator...................$ 53.87 37.55
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 50.57 37.55
AREA DESCRIPTIONS
AREA 1: ALAMEDA,BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED,
NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN,
SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS,
SUTTER, YOLO, AND YUBA COUNTIES
AREA 2: MODOC COUNTY
THE REMAINGING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW:
ALPINE COUNTY:
Area 1: Northernmost part
Area 2: Remainder
CALAVERAS COUNTY:
Area 1: Remainder
Area 2: Eastern part
COLUSA COUNTY:
Area 1: Eastern part
Area 2: Remainder
ELDORADO COUNTY:
Area 1: North Central part
Area 2: Remainder
FRESNO COUNTY:
Area 1: Remainder
Area 2: Eastern part
GLENN COUNTY:
Area 1: Eastern part
Area 2: Remainder