City Council and Concurrent Authorities
November 12, 2024

City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - Final
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Kevin J. Lincoln II, Mayor/Chair (At Large)
Kimberly Warmsley, VIce Mayor (District 6)
Michele Padilla (District 1)
Daniel R. Wright (District 2)
Michael Blower (District 3)
Susan Lenz (District 4)
Brando Villapudua (District 5)
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
Tuesday, November 12, 2024 4:00 PM
Closed Session 4:00 PM :: Regular Session 5:30 PM
Note: Councilmember Lenz participated in the meeting via teleconference from the following location: The Westin, Business Center, 270 West 43rd Street, New York, New York

1. CLOSED SESSION CALL TO ORDER/ROLL CALL

2. ADDITIONS TO CLOSED SESSION AGENDA

3. ANNOUNCEMENT OF CLOSED SESSION

3.1 24-0994 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Four
Name of Case: Karla Heneby v. City of Stockton, et. al., (San Joaquin County Superior Court Case No.

STK-CV-UCR-2022-9993)
Name of Case: Yachne Noah v. City of Stockton, et. al., (San Joaquin County Superior Court Case No.

STK-CV-UNPI-2022-9992)
Name of Case: Angela Pelligra v. City of Stockton, et. al., (San Joaquin County Superior Court Case No.

STK-CV-UCR-2022-9859)
City of Stockton Page 1 Printed on 11/8/2024
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Meeting Agenda - Final
Name of Case: Joshua Otero, et al. v. Fernando Posada, Jr., et al., (San Joaquin County Superior Court Case No.

STK-CV-UAT-2021-8502)
This Closed Session is authorized pursuant to section 54956.9(d)(1) of the Government Code to discuss matters
pertaining to existing litigation.

Department: City Attorney

4. CLOSED SESSION PUBLIC COMMENT*

5. RECESS TO CLOSED SESSION

6. REGULAR SESSION CALL TO ORDER/ROLL CALL

7. INVOCATION/PLEDGE TO FLAG

8. REPORT OF ACTION TAKEN IN CLOSED SESSION

9. ADDITIONS TO REGULAR SESSION AGENDA***

10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

10.1 24-1148 PRESENTATION: KEY TO THE CITY OF STOCKTON
Department: Office of the Mayor

11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

12. CONSENT AGENDA

12.1 24-1055 APPROVE AN INCREASE OF $25,000 TO THE SERVICE

AGREEMENT WITH LOOMIS ARMORED US, LLC TO MAINTAIN

CASH MANAGEMENT SERVICES
Recommended Action: RECOMMENDATION
It is recommended that the City Council by motion, approve adding funds in the amount of $25,000 to the service agreement with Loomis Armored US, LLC to maintain armored transportation/cash management services to the Revenue Division within the Administrative Services Department, bringing the total not-to-exceed contract amount to $124,999.

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

City of Stockton Page 2 Printed on 11/8/2024
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Department: Administrative Services
Attachments: Attachment A - Loomis Armored US Agreement

12.2 24-1138 APPOINTMENT OF CITY CLERK
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a resolution:

1. Appointing Katherine Roland as the City Clerk for the City of Stockton; and

2. Authorizing the Mayor, on behalf of the City Council, to execute an employment contract with Katherine Roland setting forth the conditions of employment.

Department: City Attorney
Proposed Resolution
Exhibit 1 - Employment Agreement
Attachments:

12.3 24-1145 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meetings of October 30, 2024 Department: City Clerk
Attachment A - 2024-10-30 Special ARPA
Attachment B - 2024-09-17 Special Closed Session
Attachments:

12.4 24-1046 2025 PUBLIC ART MURAL PROGRAM
Recommended Action: RECOMMENDATION
The 2025 Public Art Mural Program ad hoc committee will provide an update on the upcoming 2025 Public Art Mural Program guidelines and applications. The Commission will review and discuss the guidelines and approve by motion the 2025 Public Art Mural Program application, guidelines, and timeline.

Department: Community Services
Attachment A - 2025 Stockton Mural Program Guidelines
Attachment B - McKinley Park
Attachments:

12.5 24-1038 ADOPT A RESOLUTION TO AWARD A PROFESSIONAL SERVICES

CONTRACT WITH VIRGINIA TRANSFORMER CORPORATION FOR
THE PURCHASE OF A 60 KV ELECTRIC TRANSFORMER FOR THE

REGIONAL WASTEWATER CONTROL FACILITY
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Authority Concurrent
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

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

2. Award a Professional Services Agreement to Virginia Transformer Corporation of Roanoke, VA, in the amount of $1,110,000 to purchase a 60 kilovolt (kV) transformer (Exhibit 1 to the Resolution).

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

Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - Professional Services Agreement
Attachments:

12.6 24-1041 AWARD A PROFESSIONAL SERVICES CONTRACT TO UNIFIED

FIELD SERVICES CORPORATION FOR WATER STORAGE TANK

REPAIR AND COATING AT THE NORTHWEST RESERVOIR SITE
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

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

2. Award a Professional Services Agreement to Unified Field Services Corporation of Bakersfield, CA, in the not-to-exceed amount of $1,547,668 to repair and coat three water storage tanks at the Northwest Reservoir Site, Project PUR 24-033.

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

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

12.7 24-1020 ADOPT A RESOLUTION TO AWARD A CONTRACT TO WEST YOST & ASSOCIATES, INC. TO COMPLETE A RISK RESILIENCE

ASSESSMENT AND EMERGENCY RESPONSE PLAN FOR THE

WATER UTILITY
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Authority Concurrent
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 which support and justify an exception to the competitive bidding process.

2. Award a three (3) year contract to West Yost & Associates, Inc. (West Yost), in the amount of $169,153, to complete a Risk and Resilience Assessment and Emergency Response Plan to satisfy American Water Infrastructure Act 2018 requirements. (Exhibit 1 to the Resolution).

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

Department: Municipal Utilities
Attachment A - US EPA RRA and ERP Fact Sheet
Proposed Resolution
Exhibit 1 - Agreement
Attachments:

12.8 24-1021 ADOPT A RESOLUTION TO FINALIZE A CLAIM APPLICATION FOR

REIMBURSEMENT FROM THE US COAST GUARD NATIONAL

POLLUTION FUNDS CENTER
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Authorize the City Manager to take all actions, including applying for, signing, finalizing, and accepting a claim reimbursement up to $921,550.96 from the US Coast Guard National Pollution Funds Center.

2. Authorize the City Manager to certify the City has and will comply with all statutory and regulatory requirements related to any reimbursement of funds.

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

Department: Municipal Utilities
Attachments: Proposed Resolution

12.9 24-1054 ADOPT A RESOLUTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 3 WITH SORACCO INC FOR ON-CALL UTILITY REPAIR

SERVICES FOR CITYWIDE WASTEWATER COLLECTION AND

WATER DISTRIBUTION SYSTEMS
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to authorize Contract Change Order (CCO) No. 3 with Soracco, Inc. for additional Municipal Utilities Department Wastewater Collection and Water Distribution System services in the amount of $1,200,000 for a total contract amount not-to-exceed $8,230,000.

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

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

12.10 24-1067 APPROVE RESOLUTION ACCEPTING GRANT FUNDING FROM THE

OFFICE OF COMMUNITY ORIENTED POLICING TECHNOLOGY AND
EQUIPMENT GRANT FOR THE STRENGTHENING STOCKTON’S
PUBLIC SAFETY PROGRAM IN THE AMOUNT OF $963,000
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Authorize the City Manager, or designee, to accept an Office of Community Oriented Policing Services (COPS) Grant award allocation from the United States Department of Justice in the amount of $963,000; and

2. Authorize the City Manager, or designee, to execute all grant award documents as required by the United States Department of Justice and accept applicable terms and conditions; and

3. Amend the Fiscal Year 2024-25 Annual Budget to increase the Police Grants & Special Programs revenue and expenditure appropriation by $963,000; and

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

Department: Police
Proposed Resolution
Exhibit 1 - Award Package
Attachments:

12.11 24-1073 ADOPT RESOLUTION TO AUTHORIZE CONSTRUCTION CONTRACT AMENDMENT NO. 1 WITH SORACCO, INC.

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Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

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

2. Approve Notice of Exemption No. NOE51-24 under the California Environmental Quality Act for the 1.7 Touchless Restrooms, Project No.

WP22016; Souza Park Restroom, Project No. WP24032; and Oak Park Improvements, Project No. WP24044.

3. Approve the plans and specifications for the 1.7 Touchless Restrooms, Project No. WP22016; Souza Park Restroom, Project No. WP24032; and Oak Park Improvements, Project No. WP24044.

4. Authorize the City Manager to execute Construction Contract Amendment No. 1 in the amount of $1,088,560 with Soracco, Inc. of Lodi, CA, for the installation of seven additional contactless park restrooms and electrical installation costs associated with first-round Exeloo installs.

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

Department: Public Works
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Amendment No. 1
Attachments:

12.12 24-1056 ADOPT RESOLUTION TO AUTHORIZE THE CHANNEL STREET

CORRIDOR IMPROVEMENTS PROJECT
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Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the plans and specifications for the Channel Street Corridor Improvements, Project No. WT23031.

2. Authorize the City Manager to execute a Cooperative Agreement between the City of Stockton and the San Joaquin Regional Rail Commission for the Channel Street Corridor Improvements, Project No.

WT23031.

3. Appropriate San Joaquin Regional Rail Commission funds in the amount of $8,600,000 to the Channel Street Corridor Improvements, Project No.

WT23031.

4. Appropriate Affordable Housing and Sustainable Communities funds in the amount of $202,020 to the Channel Street Corridor Improvements, Project No. WT23031.

5. Award a Construction Contract in the amount of $6,284,667.20 to Azul Works, Inc. of San Francisco, CA, for the Channel Street Corridor Improvements, Project No. WT23031.

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

Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Coop Agreement with SJRRC
Exhibit 2 - Construction Contract
Attachments:

12.13 24-1050 ADOPT RESOLUTION TO APPROPRIATE AND TRANSFER FUNDS

AND AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE

WILSON WAY SAFETY LIGHTING PROJECT
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Appropriate Highway Safety Improvement Program funds in the amount of $215,820 to the Wilson Way Safety Lighting, Project No.

WT23019/State HSIPSL-5008(204).

2. Transfer funds in the amount of $10,000 from the Traffic Signal Control System, Project No. WT15022, to the Wilson Way Safety Lighting, Project No. WT23019/State HSIPSL-5008(204).

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

4. Award a Professional Services Contract to Kimley-Horn and Associates, Inc. of Oakland, CA, in the amount of $195,769.70 for design services for the Wilson Way Safety Lighting, Project No. WT23019/State HSIPSL-5008(204).

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

Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Professional Services Contract - State (2)
Attachments:

12.14 24-1026 AMENDMENT TO TITLE 8 OF THE STOCKTON MUNICIPAL CODE

RELATED TO INDUSTRIAL WASTE COLLECTOR PERMITS
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt an Ordinance to amend Title 8, Chapter 8.04 of the Stockton Municipal Code, concerning industrial waste collector permits:

1. To delete references to previously issued and expired permits, including the expiration date of December 31, 2024.

2. To add language specifying a permit expiration period of five years after the date of issuance.

3. To add language clarifying the extension of such permits.

Department: Public Works
Attachment A - Title 8 Ordinance Amendment - redline
Proposed Ordinance - Title 8 Ordinance Amendment
Attachments:

12.15 24-1033 ADOPT RESOLUTION TO APPROPRIATE FUNDS AND AUTHORIZE City of Stockton Page 9 Printed on 11/8/2024
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Meeting Agenda - Final
CONTRACT CHANGE ORDER NO. 5 FOR THE NORTHEAST

STOCKTON LIBRARY AND COMMUNITY CENTER PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Appropriate funds in the amount of $13,500,000 from the Measure M Strong Communities Fund Balance to the Northeast Stockton Library and Community Center, Project No. CL17024.

2. Authorize the City Manager to execute Contract Change Order No. 5 in the amount of $9,717,288.14 with Patriot Contracting, Inc., Resumption Agreement, for the construction of the Northeast Stockton Library and Community Center, Project No. CL17024.

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

Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Resumption CCO No. 5
Attachments:

12.16 24-1035 ADOPT RESOLUTION TO AUTHORIZE THE ISSUANCE OF

INDUSTRIAL WASTE COLLECTOR PERMITS
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Authorize the issuance of industrial waste collector permits to Sunrise Sanitation, Inc. (Republic Services), USA Waste of California, Inc. (WM, formerly Waste Management), and California Waste Recovery Systems, LLC (Cal-Waste).

2. Authorize the City Manager, or designee, to enter into and execute agreements with Council-authorized industrial waste collector permittees for the collection and disposal of industrial waste in the City of Stockton limits.

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

Department: Public Works
City of Stockton Page 10 Printed on 11/8/2024
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Meeting Agenda - Final
Proposed Resolution
Exhibit 1 - CalWaste
Exhibit 2 - Sunrise Sanitation, Inc.

Exhibit 3 - USA Waste of California
Attachments:

12.17 24-1036 ADOPT RESOLUTION TO AUTHORIZE THE NEIGHBORHOOD

TRAFFIC MANAGEMENT PROGRAM
Recommended Action: 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.

Department: Public Works
Attachment A - Neighborhood Traffic Mgmt Program
Attachment B - Traffic Calming Process
Attachment C - 2023 NTMP Program Locations
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:

12.18 24-0934 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
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Meeting Agenda - Final
Recommended Action: 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.

Department: Public Works
Attachment A - Vicinity Map
Attachment B - Indigo Amendment No. 9
Attachment C - Griffin Amendment No. 5
Attachment D - Roebbelen CCO No. 17
Attachments:

12.19 24-0949 ADOPT RESOLUTION TO AUTHORIZE THE STREETLIGHT KNOCKDOWN REPAIRS PHASE 8 PROJECT
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Meeting Agenda - Final
Recommended Action: 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.

Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - NOE
Exhibit 2 - Construction Contract
Attachments:

12.20 24-0955 ADOPT RESOLUTION TO AUTHORIZE THE GUARDRAIL

REHABILITATION PROJECT
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Meeting Agenda - Final
Recommended Action: 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.

Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:

12.21 24-0960 APPROVE MOTION TO PURCHASE EQUIPMENT UTILIZED BY THE

PUBLIC WORKS DEPARTMENT
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Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

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

2. Approve the use of Cooperative Purchasing Agreements through Sourcewell Contract Nos. 020223-CAT, 110421-ALT, and 080521-PBL to provide the City access to preferential pricing of heavy equipment from Caterpillar, Inc., Altec Industries, Inc., and PB Loader Corporation.

3. Authorize the City Manager to execute a contract in the amount of $108,720.80 with Caterpillar, Inc. through affiliated vendor, Holt of CA of Stockton, CA, to purchase one utility compactor.

4. Authorize the City Manager to execute a contract in the amount of $516,184.58 with Altec Industries, Inc. of Dixion, CA, to purchase two bucket trucks.

5. Authorize the City Manager to execute a contract in the amount of $544,928.52 with PB Loader Corporation of Fresno, CA, to replace two ten-wheel dump trucks.

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

Department: Public Works
Attachment A - Equipment Replacement List
Attachment B - COOP with Caterpillar, Inc.

Attachment C - COOP with Altec Industries, Inc.

Attachment D - COOP with PB Loader Corp
Attachments:

12.22 24-0961 ADOPT RESOLUTION TO AUTHORIZE ON-CALL CONCRETE

SAW-CUTTING AND SHAVING SERVICES
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Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve Notice of Exemption No. NOE40-24 under the California Environmental Quality Act for On-Call Concrete Saw-Cutting and Shaving Services, Project No. WD23004.

2. Award a three-year Service Contract, in the amount not to exceed $150,000, to Precision Emprise, LLC dba Precision Concrete Cutting of Oakland, CA, for On-Call Concrete Saw-Cutting and Shaving Services, Project No. WD23004.

3. Authorize the City Manager to execute up to two one-year extensions to this Service Contract, at an annual cost not to exceed $50,000, for a cumulative contract total not to exceed $250,000.

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

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

Department: Public Works
Proposed Resolution
Exhibit 1 - NOE
Exhibit 2 - Contract for Services
Attachments:

12.23 24-0988 ADOPT RESOLUTION TO AUTHORIZE A COOPERATIVE

PURCHASE AGREEMENT FOR THE PURCHASE OF GENERATORS

AND AUTOMATIC TRANSFER SWITCHES WITH HOUSING - ROUND
TWO
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Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Transfer funds in the amount of $338,298.10 from the 1.7 Purchase Fire Apparatus, Project No. WARP101, to the Citywide Generator Replacements, Project No. WARP507.

2. Transfer funds in the amount of $74,658.12 from the Clean City Initiative, Project No. WARP102, to the Citywide Generator Replacements, Project No. WARP507.

3. Transfer funds in the amount of $500,000 from the Generator Replacements at Fire, Project No. F024024, to the Citywide Generator Replacements, Project No. WARP507.

4. Transfer funds in the amount of $39,645.90 from the Fleet Internal Service Fund Equipment Acquisition Account No.
4530-718-800004-500-000-00-45-000-000 to the Citywide Generator Replacements, Project No. WARP507.

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

6. Approve the use of a Cooperative Purchase Agreement through Sourcewell Contract No. 092222-CAT to provide the City preferential pricing from Caterpillar, Inc. through affiliated vendor Holt of California.

7. Authorize a contract with Caterpillar, Inc. of Irving, TX, through affiliated vendor Holt of California of Stockton, CA, in the amount of $2,935,635.96, for the purchase of 12 generators and equivalent automatic transfer switches with housing.

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

Department: Public Works
Attachment A - Generator Replacement List
Attachment B - Fire Generators Quote
Attachment C - Main Police Generator Quote
Attachment D - Stribley Community Center Generator Quote Attachment E - New City Hall Generators Quote
Proposed Resolution
Exhibit 1 - COOP with Caterpillar including Holt of CA
Attachments:

12.24 24-1012 ADOPT RESOLUTION TO PURCHASE VEHICLE LIFTS UTILIZED BY

THE PUBLIC WORKS DEPARTMENT
City of Stockton Page 17 Printed on 11/8/2024
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Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Appropriate funds in the amount of $286,689.32 from the Fleet Internal Service Fund Balance to the Fiscal Year 2024-25 Fleet Internal Service Fund, Equipment Acquisition Account.

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

3. Approve the use of a Cooperative Purchasing Agreement through the National Association of State Procurement Officials ValuePoint Cooperative Purchasing Program, Master Agreement CW7254, to provide the City access to guaranteed pricing for vehicle lifts and garage-associated equipment from Vehicle Service Group, LLC.

4. Authorize the City Manager to execute a contract in the amount of $286,689.32 with Vehicle Service Group, LLC through affiliated vendor Pacific Lift and Equipment Company, Inc. of West Sacramento, CA, to purchase two portable 6-column lifts, two 2-post symmetric lifts, and two remote controls and dock kits.

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

Department: Public Works
Attachment A - Pacific Lift Quote
Proposed Resolution
Exhibit 1 - COOP with Pacific Lift
Attachments:

13. ADMINISTRATIVE MATTERS

14. UNFINISHED BUSINESS

15. NEW BUSINESS

15.1 24-1062 PUBLIC MEETING: STOCKTON TOURISM BUSINESS

IMPROVEMENT DISTRICT RENEWAL
Recommended Action: RECOMMENDATION
No recommendation/action. The public meeting is to provide interested parties an opportunity to provide testimony in support or opposition of the Stockton Tourism Business Improvement District assessment pursuant to the Property and Business Improvement District Law of 1994.

Department: Economic Development
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Attachment A - Resolution 10-0406
Attachment B - Resolution 2014-11-04-1601-01
Attachment C - Resolution 10-0407
Attachment D - Resolution 2014-11-04-1601-02
Attachment E - STBID Management District Plan 24-35
Attachment F- Resolution 2024-10-01-1208-01
Attachment G - Modification Request Letter 8-15-24
PPT - 15.1 STBID Renewal
Attachments:

16. HEARINGS**

16.1 24-1072 PUBLIC CENSURE HEARING TO REVIEW THE CENSURE AD HOC

COMMITTEE RECOMMENDATION, CONSIDER EVIDENCE AND

TESTIMONY, AND DETERMINE IF CENSURE IS WARRANTED
Recommended Action: RECOMMENDATION
It is recommended that the Council review the Censure Ad Hoc Committee Recommendation, consider the evidence and testimony, and determine if censure is warranted.

Department: City Clerk
Attachment A - Complaint
Attachment B - Council Policy 4.08
Attachment C - Council Policy 5.10
Attachment D - Stocktonia Article - Padilla's Party in the Park Attachment E - Record Article - Nonprofit Donors React to Candidate Speeches Attachment F - Record Article - Padilla May Face Censure Attachment G - Video Link - Stocktonia Article (Padilla's Party in the Park) Attachment H - Video Link - 08-20-2024 (Council Meeting Councilmember Padilla's Comments) Attachment I – Councilmember Padilla's Event Documents, Discretionary Fund Request Attachment J - Censure Ad Hoc Committee Report and Recommendation Attachment K - 2024-10-24 Notice of Public Censure Hearing - Councilmember Padilla Proposed Resolution
Attachments:

16.2 24-1066 ADOPT A RESOLUTION APPROVING A FOURTH AMENDMENT TO THE CITY’S 2020-2025 CONSOLIDATED PLAN
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Recommended Action: RECOMMENDATION
It is recommended that at the conclusion of the public hearing, the City Council adopt a resolution to:

1. Approve a Fourth Amendment to the City's 2020-2025 Consolidated Plan (attached as Exhibit 1 to the proposed Resolution);

2. Authorize the City Manager, or designee, to execute and submit all documents to the U.S. Department of Housing and Urban Development and to take any actions necessary and appropriate to carry out the purpose and intent of the resolution.

Department: Economic Development
Attachment A - Resolution 2024-04-16-1602
Proposed Resolution
Exhibit 1 - 2020-2025 Con Plan Substantial Amendment 4
Exhibit 2 - Home Preference Policy
Exhibit 3 - City of Stockton Slum - Blight Area Map
PPT - 16.2 - 2020-2025 Consolidated Plan Amendment
Attachments:

16.3 24-1085 PUBLIC HEARING: APPROVE FOUR RESOLUTIONS AND ADOPT

AN ORDINANCE IN CONNECTION WITH PROPOSED FORMATION
OF COMMUNITY FACILITIES DISTRICT NO. 2024-1 (SOUTH

STOCKTON FACILITIES AND SERVICES)
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Recommended Action: RECOMMENDATION
It is recommended that the City Council:

1. Approve the following four resolutions:
a) A resolution of formation establishing Community Facilities District No. 2014-1 (South Stockton Facilities and Services) (the "CFD"), authorizing the levy of a special tax within the CFD and establishing an appropriations limit for the CFD.
b) A resolution determining the necessity to incur bonded indebtedness in an amount not to exceed $50,000,000.
c) A resolution calling for an election for the purpose of submitting the levy of the special tax and the establishment of the appropriations limit to the qualified electors of the CFD.
d) A resolution declaring the results of the election and directing the recording of a notice of special tax lien.

2. Adopt an ordinance authorizing the levy of a special tax within the CFD.

The City Manager is hereby authorized to take such further actions as are necessary and appropriate to carry out the purpose and intent of these Resolutions.

Department: Administrative Services
Proposed Resolution - Formation South Stockton CFD
Exhibit 1 to Reso of Form - RMA South Stockton CFD
Exhibit 2 to Reso of Form- List of Authorized Facilities & Services Proposed Resolution - Bonded Indebtedness
Proposed Resolution - Call Elec South Stockton CFD
Exhibit 1 to Reso to Call Election
Proposed Resolution - Declare Results South Stockton CFD Exhibit 1 to Reso to Declare Results
Proposed Ordinance - South Stockton CFD
PPT - 16.3 - Community Facilities District 2024-1
Attachments:

16.4 24-1001 ADOPT A RESOLUTION APPROVING THE SAN JOAQUIN COUNTY

MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE
PLAN 2025 DEVELOPMENT FEE SCHEDULE
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Recommended Action: RECOMMENDATION
It is recommended that the City Council:

1. Adopt a resolution approving the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan 2025 Development Fee Schedule.

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

Department: Community Development
Attachment A - SJMSCP Staff Report
Attachment B - SJMSCP Compensation Zone Map
Attachment C - Regional Preserve Areas
Proposed Resolution
PPT - 16.4 - SJMSCP 2025 Development Fee Schedule
Attachments:

16.5 24-1042 PROPOSITION 218 PUBLIC HEARING TO CONSIDER

WASTEWATER RATE ADJUSTMENTS AND ANY PROTESTS
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a resolution:

1. Adopting the Draft Wastewater Rate Study (Study), dated August 2024, as prepared by HDR Engineering, Inc.

2. Approving the Wastewater Utility rate adjustments as identified in the Study if less than a majority of the affected record owners or affected sewer utility customers directly responsible for the payment of sewer service charges have submitted written protests.

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

Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - Draft Wastewater Rate Study
Exhibit 2 - Wastewater Service Charges
PPT - 16.5 - Wastewater Rate Adjustments
Attachments:

17. CITY MANAGER'S UPDATE

18. COUNCIL COMMENTS
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19. ADJOURNMENT

INFORMATIONAL ITEMS

1. 24-1024 MEASURE W CITIZENS’ OVERSIGHT COMMITTEE ADOPTED

ANNUAL REPORT OF REVENUES AND EXPENDITURES FOR
FISCAL YEAR 2022-23
Recommended Action: RECOMMENDATION
This item is an informational item submitting the Measure W Citizens' Oversight Committee Report for Fiscal Year 2022-23 to the City Council.

Department: Administrative Services
Attachments: Attachment A - Measure W Annual Report for FY 2022-23

2. 24-1099 STRONG COMMUNITIES ADVISORY COMMITTEE ANNUAL

REPORT OF REVENUES AND EXPENDITURES FOR FISCAL YEAR
2022-23
Recommended Action: RECOMMENDATION
This item is an informational item submitting the Strong Communities Advisory Committee Annual Report for Fiscal Year 2022-23 to the City Council.

Department: Administrative Services
Attachments: Attachment A - FY 2022-23 Annual Report

3. 24-1022 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION
Information item only. No action required.

Department: City Clerk
CSC 2024-08-15
Leg 2024-07-17
Measure W 2023-06-14
Measure W 2024-05-30
PC 2024-07-25
PC 2024-08-08
Attachments:

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CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on November 8, 2024, in compliance with the Brown Act.

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

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

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

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

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

All proceedings before this meeting body are conducted in English. Requests for Spanish Language interpreters must be received at least 5 days in advance of the meeting. Contact the City Clerk’s Office at (209) 937-8458 or [email protected] If an interpreter if unavailable, Public Comments made in Spanish will be translated and posted to the permanent record following the meeting.

Todos los procedimientos ante este órgano de reunión se llevan a cabo en inglés. Las solicitudes de intérpretes de idioma español deben recibirse al menos 5 días antes de la reunión. Comuníquese con la Oficina de la Secretaria Municipal al (209) 937-8458 o [email protected]. Si no hay un intérprete disponible, los comentarios públicos hechos en español se traducirán y publicarán en el registro permanente después de la reunión.

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

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Materials related to an item on this agenda submitted to City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 425 North El Dorado Street, Stockton, California 95202, during normal business hours. Such documents are also available on the City's website at www.stocktongov.com subject to staff's ability to post the documents before the meeting.

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

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Legislation Text
File #: 24-0994, Version: 1

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Four
Name of Case: Karla Heneby v. City of Stockton, et. al., (San Joaquin County Superior Court Case No. STK-CV-UCR-2022-9993)
Name of Case: Yachne Noah v. City of Stockton, et. al., (San Joaquin County Superior Court Case No. STK-CV-UNPI-2022-9992)
Name of Case: Angela Pelligra v. City of Stockton, et. al., (San Joaquin County Superior Court Case No. STK-CV-UCR-2022-9859)
Name of Case: Joshua Otero, et al. v. Fernando Posada, Jr., et al., (San Joaquin County Superior Court Case No. STK-CV-UAT-2021-8502)
This Closed Session is authorized pursuant to section 54956.9(d)(1) of the Government Code to discuss matters pertaining to existing litigation.

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City of Stockton
Legislation Text
File #: 24-1148, Version: 1
PRESENTATION: KEY TO THE CITY OF STOCKTON
Recipient: Roderick Townsend
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City of Stockton
Legislation Text
File #: 24-1055, Version: 1
APPROVE AN INCREASE OF $25,000 TO THE SERVICE AGREEMENT WITH LOOMIS

ARMORED US, LLC TO MAINTAIN CASH MANAGEMENT SERVICES

RECOMMENDATION
It is recommended that the City Council by motion, approve adding funds in the amount of $25,000 to the service agreement with Loomis Armored US, LLC to maintain armored transportation/cash management services to the Revenue Division within the Administrative Services Department, bringing the total not-to-exceed contract amount to $124,999.

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

Summary
Due to increased costs and excess item handling fees incurred since the current service agreement was executed on July 1, 2020, additional funding is needed to maintain cash management services with Loomis Armored US, LLC (Loomis) through the end of the agreement term, which expires June 30, 2025. Monthly invoices since July 2023 have been averaging approximately $2,100; therefore, Staff estimates an increase of $25,000 will be sufficient to continue services through the end of the contract term. Council approval of the requested increase will bring the total not-to-exceed contract amount to $124,999.

DISCUSSION
Background
In May 2020, the City entered into an agreement with Loomis for armored transportation/cash management services to the Administrative Services Department’s Revenue Division, for a five (5) year term, effective July 1, 2020 (Attachment A). Costs for the full term of the agreement were estimated to be $70,000, based on the approved rate sheet. In 2023, the City processed an administrative amendment increasing funds available under the contract by $29,999, bringing the total value to $99,999. The originally approved rates remains in effect.

Present Situation
The balance of previously authorized funding available is insufficient to maintain Loomis services through the contract expiration date of June 30, 2025. Therefore, to maintain current service levels, Staff recommends an increase of $25,000 for the contract with Loomis, for a total not-to-exceed amount of $124,999.

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File #: 24-1055, Version: 1
The Administrative Services Department plans to solicit bids for armored transportation/cash management services in early 2025, and to execute a contract with the selected vendor with an effective date of July 1, 2025.

FINANCIAL SUMMARY
Sufficient funds are available in the Revenue Service Fund accounts funded by the General Fund and Utility Funds to cover the increased contract costs.

Attachment A - Loomis Agreement
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ATTACHMENT A
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Legislation Text
File #: 24-1138, Version: 1

APPOINTMENT OF CITY CLERK

RECOMMENDATION
It is recommended that the City Council approve a resolution:

1. Appointing Katherine Roland as the City Clerk for the City of Stockton; and

2. Authorizing the Mayor, on behalf of the City Council, to execute an employment contract with Katherine Roland setting forth the conditions of employment.

DISCUSSION
Background
On May 14, 2024, the City Council appointed Katherine Roland as the Interim City Clerk. Following her appointment, the Council retained an outside recruiter to help conduct a nationwide search with a focus on California, for the next Stockton City Clerk. Following a months-long process, the City Council narrowed down the list of qualified candidates and conducted final interviews on October 30, 2024.

Present Situation
The City Council now desires to appoint Katherine Roland to the position of City Clerk subject to the terms and conditions of the Agreement (Exhibit 1 to the Resolution).

FINANCIAL SUMMARY
The annual base salary for Katherine Roland is $181,679.52. The total annual compensation for the City Clerk position, which includes salary and benefits, is $274,470.15. The City Clerk’s budget accounted for in 1110-000-610000-100-000-10-11-000-000, has sufficient funds and appropriation to support this appointment and no additional general fund appropriation is required for FY 2024-25.

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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPOINTING KATHERINE ROLAND AS CITY CLERK FOR THE CITY

OF STOCKTON AND AUTHORIZING THE MAYOR TO EXECUTE THE EMPLOYMENT

CONTRACT
On May 14, 2024, the City Council appointed Katherine Roland as Interim City Clerk; and
The City Council also retained an outside recruiter to help conduct a nationwide search with a focus on California, for the next City Clerk; and Following a months-long process, the City Council narrowed down the list of qualified candidates and conducted final interviews on October 30, 2024; and The City Council now desires to appoint Katherine Roland as City Clerk of the City of Stockton, now, therefore,

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

1. Katherine Roland is appointed as the City Clerk for the City of Stockton.

2. The Mayor is authorized, on behalf of the City Council, to execute the attached employment agreement with Katherine Roland marked as Exhibit 1, setting forth the terms and conditions of employment effective November 12, 2024.

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

PASSED, APPROVED, and ADOPTED: November 12, 2024 .

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

DEPUTY CITY CLERK
City of Stockton
44 EXHIBIT 1

AT-WILL EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND KATHERINE ROLAND AS CITY CLERK

AT-WILL EMPLOYMENT AGREEMENT BETWEEN

CITY OF STOCKTON AND KATHERINE ROLAND AS CITY CLERK
(AT-WILL AND NON-CLASSIFIED POSITION)
This At-Will Employment Agreement is made and entered into on November 12, 2024, by and between the City of Stockton, a California Charter City and Municipal Corporation ("CITY") and Katherine Roland, an individual, ("EMPLOYEE") on the following terms and conditions set forth below (“AGREEMENT”). CITY and EMPLOYEE shall be collectively referred to as “PARTIES” or individually referred to as “PARTY.”

RECITALS
WHEREAS, the CITY conducted a recruitment for a full-time replacement for its City Clerk; and
WHEREAS, EMPLOYEE currently serves as the City’s Interim City Clerk, an at-will position, and represents that she has the necessary and specialized experience, skills, and expertise required to serve as the City Clerk; and
WHEREAS, the City Council of the City (“CITY COUNCIL”) desires to appoint EMPLOYEE to the position of City Clerk subject to the terms and conditions of the AGREEMENT; and
NOW THEREFORE, it is hereby agreed by CITY and EMPLOYEE as follows:

AGREEMENT

1. CITY EMPLOYMENT. The CITY hereby appoints EMPLOYEE as its City Clerk, effective November 12, 2024 (“Effective Date”), and EMPLOYEE hereby accepts such employment.

2. AT-WILL AGREEMENT. EMPLOYEE is at-will and serves at the pleasure of CITY COUNCIL and can be terminated at any time with or without cause. Employee’s at-will status means there is no guarantee as to length of time for employment. No CITY representative has authority to agree to anything contrary to employee at-will status unless it is specific, in writing, and signed by CITY COUNCIL.

3. TERM. This AGREEMENT shall commence on the Effective Date and continue for Five (5) Years, unless terminated by either EMPLOYEE or CITY as provided in Section 7 [SEPARATION] of this AGREEMENT.
//
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45 EXHIBIT 1

AT-WILL EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND KATHERINE ROLAND AS CITY CLERK

CITY CLERK’S COMMITMENTS.
a. DUTIES AND RESPONSIBILITIES.
i. EMPLOYEE shall perform all of the functions and duties of the City Clerk as set forth in the City Clerk class specification attached hereto and incorporated herein by reference as Attachment “A,” which may be amended from time to time; the CITY’s Charter, Municipal Code, rules, policies, procedures, regulations, ordinances and resolutions, which may also be subsequently amended from time to time. EMPLOYEE shall also perform other legally permissible and/or customary and appropriate duties and functions of the City Clerk as the CITY COUNCIL may assign from time to time, together with such additional services consistent with the laws of the United States and State of California.
ii. EMPLOYEE shall perform her duties to the best of her ability in accordance with the highest professional and ethical standards of the profession. EMPLOYEE shall devote her attention, skill, ability, and productive time to the performance of EMPLOYEE’S duties and responsibilities and CITY’s business.
iii. The CITY’s personnel rules, policies, procedures, regulations, ordinances and resolutions shall apply to EMPLOYEE in the same manner as applied to other non-classified at-will Department Heads. As feasible, their provisions shall be read to apply in tandem with the terms of this AGREEMENT. However, to the extent an express provision of this AGREEMENT conflicts, this AGREEMENT shall govern.
b. CONFLICT OF INTEREST.
i. EMPLOYEE shall not engage in any business or transaction or shall have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business, personal, or political associations. ii. EMPLOYEE shall also comply with the conflict of interest provisions under California law and any conflict of interest code applicable to EMPLOYEE’s CITY employment. EMPLOYEE is responsible for submitting to Human Resources the appropriate Conflict of Interest Statements prior to performing any services under this AGREEMENT, and thereafter as required by law.
//
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46 EXHIBIT 1

AT-WILL EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND KATHERINE ROLAND AS CITY CLERK

c. HOURS OF WORK.
i. EMPLOYEE is expected to engage in those hours of work that are necessary to perform the duties and fulfill the obligations of the City Clerk position, which fall both within and outside of customary and normal business hours. EMPLOYEE shall be required to have an onsite presence at the City Clerk’s Department and/or City Hall or other city facilities during her work schedule as assigned by the CITY COUNCIL and subject to change from time to time. Employee shall notify Council via email when working at a non-city location. The position of City Clerk shall be deemed an exempt position under state and federal wage and hour laws. EMPLOYEE’S compensation (whether salary or benefits or other allowances) is not based on hours worked and EMPLOYEE shall not be entitled to any compensation for overtime.
ii. EMPLOYEE may engage in teaching, consulting, speaking, or perform other non-CITY connected activities for which she is compensated only with the express prior consent of the CITY COUNCIL. Consent shall be deemed granted if after emailing Council for permission to engage in the activity, EMPLOYEE does not receive objections from a majority of the Council.
d. DISABILITY OR INABILITY TO PERFORM. If, as the result of long-term or permanent disability, sickness, accident, injury, mental incapacity or other personal health-related reason, the CITY determines that EMPLOYEE is unable to perform her essential duties, with or without reasonable accommodation, after exhausting all authorized use of accrued sick leave, vacation, or other authorized paid/unpaid leave available under applicable CITY policies or state or federal law, the CITY COUNCIL may terminate EMPLOYEE. If the CITY COUNCIL does elect to terminate EMPLOYEE due to incapacity, Employee shall be terminated without cause, as provided in Section 7.c [TERMINATION WITHOUT CAUSE] below. In exercising this option, the CITY will comply with its obligations under applicable state and federal disability and public retirement laws.

4. BASE SALARY.
a. On the Effective Date of this AGREEMENT, CITY shall compensate EMPLOYEE for her services rendered pursuant to this AGREEMENT an annual salary of $181,679.52 payable in installments at the same time and in accordance with the CITY’s payroll procedures for other CITY employees, and subject to all applicable payroll taxes and withholdings. Employee shall receive all increases provided under the “City of Stockton Unrepresented Management/Confidential and Law Employees’ Compensation Plan” for employees designated under the Management Plan “MA” and/or “Department Heads,” dated July 1, 2023.
47 EXHIBIT 1

AT-WILL EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND KATHERINE ROLAND AS CITY CLERK

b. At the discretion of the CITY COUNCIL, this AGREEMENT may be amended to incorporate any salary and/or benefit adjustments granted, provided, or required by the CITY COUNCIL. The CITY shall not at any time during the term of this AGREEMENT reduce the base salary, compensation, or other economic benefits of EMPLOYEE, unless as part of a general CITY management reduction, and then in no greater percentage than the average reduction of all CITY Department Heads whose salaries, compensation or economic benefits are reduced. c. BENEFITS.
i. ECONOMIC BENEFITS. Except as set forth in this AGREEMENT, CITY agrees to provide EMPLOYEE with the economic benefits provided under the “City of Stockton Unrepresented
Management/Confidential and Law Employees’ Compensation Plan” for employees designated under the Management Plan “MA” and/or “Department Heads,” dated July 1, 2023, and as may be amended by the CITY COUNCIL from time to time, as set forth in Section 5.b, above.
ii. PROFESSIONAL DEVELOPMENT. The CITY agrees to pay for reasonable sums of professional dues, subscriptions, travel and subsistence expenses of EMPLOYEE for professional participation in appropriate organizations, subject to prior review and approval by CITY. Notwithstanding the foregoing, the CITY COUNCIL shall have discretion to establish appropriate amounts, in the annual CITY budget or otherwise, of official and professional development expenses and travel costs.

5. SEPARATION.
a. RESIGNATION. EMPLOYEE may resign from the position of City Clerk at any time and agrees to provide the CITY COUNCIL with a minimum of 30 days advanced written notice of the effective date of EMPLOYEE’s resignation, unless the PARTIES otherwise agree in writing. If EMPLOYEE separates from CITY employment, EMPLOYEE shall be entitled to only the compensation accrued up to the date of termination, and such other termination benefits and payments as may be required by law or applicable provisions of the “City of Stockton Unrepresented Management/Confidential and Law Employees’ Compensation Plan” for employees designated under the Management Plan “MA” and/or “Department Heads. This AGREEMENT shall terminate upon the effective date of EMPLOYEE’s resignation. b. REMOVAL.
i. EMPLOYEE is an at-will employee serving at the pleasure of the CITY COUNCIL as provided in Article XIV, Section 1400 of the City Charter. 48 EXHIBIT 1

AT-WILL EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND KATHERINE ROLAND AS CITY CLERK

EMPLOYEE has no constitutionally protected property or other interest in her employment as City Clerk. Nothing in this AGREEMENT shall be construed to create a property interest for EMPLOYEE in the position of City Clerk.
ii. The CITY COUNCIL may terminate EMPLOYEE at any time, with or without cause, by a majority vote of its members. This AGREEMENT shall terminate upon the effective date of EMPLOYEE’s termination. c. TERMINATION WITHOUT CAUSE. If the CITY COUNCIL terminates EMPLOYEE as the City Clerk without cause, (cause is defined in Section

7.d. below):
i. EMPLOYEE agrees to immediately surrender the position of City Clerk and any and all writings containing information relating to the conduct of the City’s business prepared, owned, used, or retained by EMPLOYEE regardless of physical form or characteristics, and any and all equipment, tools, or other materials of whatever nature provided to EMPLOYEE by CITY in her capacity of City Clerk.
ii. EMPLOYEE shall be entitled to any compensation accrued up to the date of termination, and such other termination benefits and payments as may be required by law or applicable provisions of the “City of Stockton Unrepresented Management/Confidential and Law Employees’ Compensation Plan” for employees designated under the Management Plan “MA” and/or “Department Heads.
iii. City Council agrees to provide EMPLOYEE with six (6) months of severance pay.
iv. This AGREEMENT shall terminate upon the effective date of EMPLOYEE’s termination.
d. TERMINATION FOR CAUSE.
i. Notwithstanding the provisions of Section 6.C. [TERMINATION WITHOUT CAUSE], the CITY COUNCIL may terminate EMPLOYEE for cause. As used in this section, “cause” shall mean only one or more of the following:
(1) Incompetency such as failure of EMPLOYEE to comply with the minimum standards for the position of City Clerk.
(2) Neglect of duty, such as failure to timely perform the duties required of EMPLOYEE's position or failure to implement policy directions of the CITY COUNCIL.
49 EXHIBIT 1

AT-WILL EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND KATHERINE ROLAND AS CITY CLERK

(3) Any grossly negligent action or inaction by EMPLOYEE that materially and adversely: (a) impedes or disrupts the
operations of CITY or its organizational units; (b) is
detrimental to employees or public safety; or (c) violates CITY’s properly-established rules or procedures.
(4) Dishonesty involving employment.
(5) Being under the influence of alcohol or intoxicating drugs while on duty.
(6) Absence without leave.
(7) Conviction of a crime or conduct constituting a violation of state or federal law that renders it more difficult for EMPLOYEE to deliver public service. “Conviction” includes entry of a plea of nolo contendere or a plea bargain.
(8) Improper or unauthorized use of CITY property.
(9) Failure to engage or participate in good faith in an interactive process to attempt to identify an effective reasonable
accommodation to resolve a physical or mental infirmity(s) or defect(s) affecting job performance when it is within the capacity of the employee to do so.
(10) Acceptance from any source of any emolument, reward, gift, or other form of remuneration in addition to EMPLOYEE’s regular compensation, as a personal benefit to EMPLOYEE in connection with actions performed in the normal course of EMPLOYEE’s assigned duties.
(11) Falsification of any CITY report or record or of any report or record required to be, or, filed by EMPLOYEE.
(12) Engagement in prohibited harassment, discrimination, retaliation, or abusive conduct.
(13) Engaging in any incompatible activity or prohibited conflict-ofinterest. (14) A material breach of this AGREEMENT.
ii. For purposes of this provision, a determination that “cause” exists shall be based on demonstrable, or otherwise reasonably proven, sustained, corroborated, or admitted conduct.
50 EXHIBIT 1

AT-WILL EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND KATHERINE ROLAND AS CITY CLERK

iii. In the event the CITY terminates EMPLOYEE for cause, then the CITY may terminate this AGREEMENT immediately, and EMPLOYEE shall no longer be employed by the CITY and this AGREEMENT shall terminate. EMPLOYEE shall be entitled to only the compensation accrued up to the date of termination, and such other termination benefits and payments as may be required by law or applicable provisions of the “City of Stockton Unrepresented
Management/Confidential and Law Employees’ Compensation Plan” for employees designated under the Management Plan “MA” and/or “Department Heads.
e. RETURN OF CITY PROPERTY.

Upon the termination or expiration of this AGREEMENT for any reason, EMPLOYEE’s resignation or termination from the City Clerk position or from CITY employment for any reason, EMPLOYEE agrees to immediately surrender any and all writings containing information relating to the conduct of the CITY’s business prepared, owned, used, or retained by EMPLOYEE regardless of physical form or characteristics, and any and all equipment, tools, or other materials of whatever nature provided to EMPLOYEE by CITY in her capacity of City Clerk.

6. INDEMNIFICATION.
a. In accordance with and to the extent provided by California's Tort Claims Act (Gov. Code § 825 et seq.) and Government Code sections 995-996.6, the CITY shall defend and indemnify EMPLOYEE against and for all losses sustained by EMPLOYEE in direct consequences of the discharge of EMPLOYEE's duties on the CITY's behalf for the period of EMPLOYEE's employment.
b. Nothing in this AGREEMENT shall expand the CITY’s defense and indemnification obligations beyond those provided in the Government Code Tort Claims Act (Gov. Code § 825, et seq.) and Government Code sections 995-996.6. Further, in the event CITY provides funds for legal criminal defense pursuant to this sub-section and terms of the Government Code, EMPLOYEE shall reimburse the CITY for such legal criminal defense funds if EMPLOYEE is convicted of a crime involving an abuse of office or position, as provided by Government Code sections 53243 — 53243.4. c. CITY and EMPLOYEE agree that it is their mutual intent to fully comply with Government Code sections 53243 – 53244, as applicable. Upon conviction as set forth in Government Code sections 7522.72 or 7522.74, EMPLOYEE may forfeit the benefits in accordance with those sections. d. This Section 8 [INDEMNIFICATION] shall survive termination of this AGREEMENT.
51 EXHIBIT 1

AT-WILL EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND KATHERINE ROLAND AS CITY CLERK

7. BONDING. CITY shall bear the full cost of any fidelity or other bonds the CITY requires of EMPLOYEE under any law or ordinance or otherwise.

8. AMENDMENTS. This AGREEMENT may only be modified in writing and duly authorized and executed by both PARTIES.

9. SEVERABILITY. If any provision of this AGREEMENT is found by a court of competent jurisdiction over the PARTIES to be illegal or unenforceable, the remainder of this AGREEMENT shall not be affected and shall remain in full force and effect to the greatest extent permitted by law, unless the parts found to be illegal or unenforceable are wholly inseparable from the remaining portion of this AGREEMENT.

10. JURISDICTION AND VENUE. Any dispute concerning this AGREEMENT shall be governed by the laws of the State of California, and the PARTIES agree that venue shall be in San Joaquin County, California.

11. ENTIRE AGREEMENT. This AGREEMENT and its Attachment contains the entire agreement of the PARTIES. No promise, representation, warrant or covenant not included in this AGREEMENT has been or is relied on by any PARTY hereto.

12. NOTICE.

Any notices, including change of address of either PARTY during the term of this AGREEMENT, which EMPLOYEE or the CITY shall be required, or may desire, to make pursuant to this AGREEMENT shall be in writing and shall be either handdelivered or sent by prepaid first class mail and addressed as follows:

TO CITY: Mayor
City of Stockton
425 N. El Dorado St
Stockton, CA 95202
TO EMPLOYEE: Katherine Roland
[Most recent address on file with Human Resources]
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52 EXHIBIT 1

AT-WILL EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND KATHERINE ROLAND AS CITY CLERK

IN WITNESS WHEREOF CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor, and duly attested by its Deputy City Clerk, and EMPLOYEE has signed and executed this AGREEMENT, as of the day and year first above written.

EMPLOYEE

KATHERINE ROLAND

CITY OF STOCKTON

KEVIN J. LINCOLN II
MAYOR

ATTEST:

DEPUTY CITY CLERK

APPROVED AS TO FORM:

LORI M. ASUNCION

CITY ATTORNEY
53 DEFINITION
Under policy direction of the City Council, the City Clerk performs management duties by  overseeing the activities and functions of the Office of the City Clerk including supervision of staff; performs highly advanced administrative tasks as prescribed by the City Charter, City Code, State Law, and various ordinances and resolutions; maintains and disseminates records of action of governing bodies, municipal ordinances, resolutions, codes and other government documents; provides highly responsible and complex administrative support to the members of the City Council; serves as Clerk of the City Council and Secretary to the Successor Agency to the Redevelopment Agency, Public Finance Authority, Parking Authority, Civil Service Commission, Equal Employment Commission, and other Council Committees; is the custodian of the City seal, signs all documents that constitute obligations of the City; administers municipal elections; directs the City’s Records Management Program; provides policy guidance, training, and expert professional assistance to other City departments in areas of responsibility; performs related work as assigned.

CLASS CHARACTERISTICS
This is single-position, at-will classification is one of four established by the City Charter and reports directly to the City Council.  The incumbent is expected to initiate, develop, and implement policies and procedures to execute the laws, resolutions, and City Council Minute orders for which the position is responsible.  The position differs from most other department head positions in that the incumbent is appointed by, and serves at the pleasure of, the City Council and receives administrative direction from the Council.  The City Charter and ordinances and laws of the State of California prescribe many City Clerk functions and activities.

PRINCIPAL DUTIES (Illustrative Only)
Duties may include, but are not limited to, the following:

Plans, organizes, manages, and directs the work of the City Clerk’s Department; develops and directs the implementation of goals, objectives, policies, procedures, and work standards for the department; assigns duties and examines work for accuracy and conformance to policies and procedures; supervises staff.

Works closely with the City Council, City Manager, City Attorney, department managers, and other public and private entities in providing expert professional information and services.

Administers and directs the posting, mailing and publication of legally required notices of public hearings, including City Council and committee meetings in accordance with the Brown Act; prepares agendas and supporting material including public notification, and legal and display advertising; publishes, issues, and posts final agendas.
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EXHIBIT 1
54 Oversees the preparation, publication, distribution, filing, indexing, and safekeeping of Council proceedings, minutes, and actions.

Coordinates department activities with those of other departments and outside agencies and organizations; provides staff assistance to the City Manager and City Council; prepares and presents staff reports and other necessary correspondence.

Directs, oversees, and participates in the development of the department’s work plan; assigns work activities, projects, and programs; monitors workflow; reviews and evaluates work products, methods and procedures.

Directs and participates in the development and administration of the City Clerk’s Department budget; directs the forecast of additional funds needed for staffing, equipment, materials, and supplies; monitors and approves expenditures; implements mid-year adjustments.

Plans, organizes, assigns, directs, reviews, and evaluates the work of assigned staff; selects personnel and provides for their training and professional development; interprets City policies to employees.

Plans and directs the processing of ordinances, resolutions, bond issues, annexations, vacations, assessments, charter amendments, initiatives, referendum, recall petitions, and other related documents.

Attends City Council and other commission meetings and is responsible for the documentation, maintenance, and dissemination of Council/commission actions including minutes, ordinances, resolutions, and contracts as applicable, in accordance with the Brown Act.

Serves as custodian of official City records and public documents; performs certification and recording for the City as required on legal documents and other records requiring such certification; seals and attests by signature to ordinances, resolutions, and contracts, easements, deeds, bonds, or other documents requiring city certification.

Administers Citywide conflict of interest and campaign financing programs and serves as filing officer for Campaign Disclosure Statements, Statements of Economic Interest, and compliance to AB 1234 Ethics Training in accordance with state regulations.

Administers the conduct of all municipal elections including candidate elections, measure elections specific to petition processing in accordance with state and local election laws; tabulates and certifies election results.

Oversees the processing of all appointments, resignations, and terminations for all official boards, commissions, and committees; administer oaths and affirmations.

Administers the City’s Records Management Program, providing leadership and direction in developing and implementing new computer software programs on a Citywide basis; directs the maintenance of official City documents, records, and archival records.

Develops and administers the departmental annual budget.

Represents the City in meetings with representatives of governmental agencies, business, professional and community agencies, and the public.

Monitors and maintains current knowledge of developments related to City Clerk matters; evaluates their impact upon City operations and recommends and implements policy and procedural improvements.

Makes presentations of status and operations to the City Council; represents the City in meetings with governmental agencies and professional and business organizations.

Represents the City Clerk Department to outside agencies and organizations; participates in outside community and professional groups and committees; provides technical assistance as necessary.

Researches and prepares technical and administrative reports; prepares written correspondence.

Represents the City with dignity, integrity, and the spirit of cooperation in all relations with staff and the public.

Fosters an environment that embraces integrity, service, inclusion, and collaboration.

Builds and maintains positive working relationships with co-workers, other City employees and the public using principles of good customer service.

Performs related duties as assigned.
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55 QUALIFICATIONS
Knowledge of:

Principles and practices of modern municipal management and administration, including the structure and organization in a Mayor-Council/City Manager form of government; Principles and practices of electronic and manual records and archival management and systems analysis and implementation;
Principles and practices of policy development and implementation; Principles and practices of leadership, motivation, team building and conflict resolution; Applicable city, state and federal laws and regulations; Principles and practices of municipal budget development and administration; Organizational planning techniques, including staffing and goals, and objectives and work standards development;
Government codes pertaining to records management, municipal elections administration including candidate and measure elections, the Brown Act, the Maddy Act, the Public Records Act, and parliamentary procedures; Administrative principles and practices, including goal setting, program development and implementation and employee supervision;
Principles and practices of contract development, administration, and evaluation; Modern office practices, methods and computer equipment including relevant software programs; Oral and written communication skills; business English including vocabulary, spelling and correct grammatical usage and punctuation; and
Safe work practices.

Skill in:

Analyzing and interpreting complex legal documents and contracts and administrative procedures and regulations;
Planning and organizing municipal elections; developing related calendars; processing Council candidates for election; technical review and processing of petitions specific to charter amendment, initiatives, referendum, and recall;
Developing standards for and managing paper and electronic enterprise records; Comprehending complex laws and regulations and initiating policies and procedures for their implementation;
Managing and conducting meetings;
Preparing meeting minutes using proper legislative terminology, documentation, and other reports and correspondence;
Providing leadership and creativity in a changing environment; Planning, organizing, administering and coordinating a variety of large and complex services and programs; Planning, organizing, assigning, directing and reviewing the work of staff; Selecting, motivating and evaluating staff and providing for their training and professional development; Analyzing problems, identifying alternative solutions, projecting consequences of proposed actions and implementing recommendations in support of goals;
Developing and implementing goals, objectives, policies, procedures, work standards and internal controls; Understanding, interpreting, explaining and applying complex city, state and federal laws regulating programs and projects;
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56 Overseeing management and maintenance of the City’s programs; Preparing clear and concise reports, correspondence and other written materials; Exercising sound independent judgment within general policy guidelines; Establishing common policies and processes across a multi-disciplinary Department; Contributing effectively to the accomplishments of City goals, objectives, and activities; and Representing the City effectively in contacts with governmental and regulatory agencies, outside consultants and counsel, and business and professional groups;
Selecting, training, motivating, and evaluating departmental staff; Communicating effectively, tactfully and positively in both oral and written form; Operating and using modern office equipment and technology, including computers and applicable software; and
Establishing and maintaining effective working relationships with those contacted in the course of work.

Education/Experience:

Any combination of education, experience, and training that would provide the best qualified candidates. A typical way to obtain the knowledge and abilities would be:

Equivalent to a Bachelor’s degree from an accredited college or university with major course work in public administration, business administration, or a closely related field; and seven years of administrative work that has included municipal elections administration, enterprise records management and the interpretation of laws and ordinances, including three years of administrative and management experience.  Experience as an Assistant City Clerk at the division head level are highly desirable.

An advanced degree in business or public administration may substitute on a year for year basis up to a maximum of three years for the required work experience.

Other Requirements:

Must possess a valid California driver’s license.

Possession of a Certified Municipal Clerk Certificate (CMC) or Master Municipal Clerk (MMC) certificate.

Physical/Mental Abilities:

Mobility - Frequent sitting for long periods of time while operating a keyboard; occasional walking, bending, squatting, climbing stairs, climbing ladders, kneeling, and crawling and twisting; Lifting - Occasional lifting and/or carrying up to 10 pounds or less; Vision - Constant use of overall visual capabilities, reading fine print and PC screens; reading and producing printed material, frequent need for use of color perception; Dexterity - Frequent typing, occasional holding, grasping, pushing, pulling, and repetitive motion; Hearing/Talking - Constant hearing and talking of normal speech in person and on the telephone; frequently over noise, and the ability to detect specific noises and proper equipment operation; Special Requirements – Must be willing to attend meetings outside of normal working hours; may require frequent weekend, night, or evening work; may require occasional driving; Emotional/Psychological - Constant concentration, decision making and public contact; frequent ability to exercise sound judgment, especially under stressful situations; and ability to work alone; Environmental Conditions – None; and
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57 Working Conditions - Primarily performed in an office environment, which is typically quiet; public meeting locations may be loud at times; duties may also be performed outside of City Hall.

This class specification should not be interpreted as all inclusive.  It is intended to identify the essential functions and requirement of this job.   Incumbents may be requested to perform job-related responsibilities and tasks other than those stated in this specification.  Any essential function or requirement of this class will be evaluated as necessary should an incumbent/applicant be unable to perform the function or requirement due to a disability as defined by the American with Disabilities Act (ADA).   Reasonable accommodation for the specific disability will be made for the incumbent/applicant when possible.

HISTORICAL NOTE
Established: 01/06/1913
Resolution: CC-1
Exempted: 04/14/1941
Ordinance: 1606
Spec Established: 02/05/1942
Resolution: CS163
Spec Amended: 03/21/1968
Resolution: CS3827
Exempted: 11/12/1985
Resolution: CC85-0684
Spec Amended: 01/8/2002
Resolution: CC02-0003
Spec Amended: 10/21/2008
Spec Amended:  09/12/2017
Spec Amended:  11/13/2018
Spec Amended: 04/17/2024
Unit: Unrepresented/MA
Employment Status: At-Will
FLSA Status: Exempt
CS Status: Unclassified
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58 City of Stockton
Legislation Text
File #: 24-1145, Version: 1

APPROVAL OF CITY COUNCIL MINUTES

RECOMMENDATION
Approve the minutes from the City Council meetings of October 30, 2024 Attachment A - 2024-10-30 Special ARPA
Attachment B - 2024-09-17 Special Closed Session
City of Stockton Page 1 of 1 Printed on 11/7/2024
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Attachment A
60 Attachment A
61 Attachment B
62 City of Stockton
Legislation Text
File #: 24-1046, Version: 1
2025 PUBLIC ART MURAL PROGRAM

RECOMMENDATION
The 2025 Public Art Mural Program ad hoc committee will provide an update on the upcoming 2025 Public Art Mural Program guidelines and applications. The Commission will review and discuss the guidelines and approve by motion the 2025 Public Art Mural Program application, guidelines, and timeline.

On August 5, 2024, the Stockton Arts Commission formed an ad hoc committee for the 2025 Public Art Mural Program guidelines and application. Those committee members include Anuit Albahar, Evai Dellafosse, Nyima Hill and Irie Woods. This ad hoc committee is responsible for providing input into the application process, scoring received applications, and providing a recommendation to the full commission as appropriate.

FINANCIAL SUMMARY
No Financial Impact.

Attachment A - 2025 Public Art Mural Program
Attachment B - McKinley Park
City of Stockton Page 1 of 1 Printed on 11/7/2024
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City of Stockton
Public Art Mural Program
Public Art Mural Program Call for Artist/RFP
APPLICATION DEADLINE: Friday, January 3, 2025, at 5:00pm For any questions about the Public Art Mural Program, contact Recreation Manager Ben Keisic at [email protected] or 209-937-8285.

Attachment A
64 City of Stockton
Public Art Mural Program Call for Artist/RFP
2 Table of Contents
Overview............................................................................................................................. 3 Eligible Sites ........................................................................................................................ 3 Eligible Artists ......................................................................................................................3 Program Goals.................................................................................................................... 4 Curatorial Standards .......................................................................................................... 4 General Requirements .......................................................................................................4 No Guarantee…………………………………………………………………………………………….5
Artist Stipend/Budget…………………………………………………………………………………….5 Selection Process…………………………………………………………………………………………5
Timeline…………………………………………………………………………………………………….5
Evaluation…………………………………………………………………………………………………6
Additional Information/Insurance ....................................................................................7 Application………………………………………………………………………………………………..8
Sample Project Schedule/Budget…………………………………………………………………….9

ATTACHMENT
• Opportunity Sites
• Sample Agreement
Attachment A
65 City of Stockton
Public Art Mural Program Call for Artist/RFP
3 Overview
The Stockton Arts Commission is seeking artist(s) and/or artist teams to design and paint original artwork on City-owned property.

The Public Art Mural Program incentivizes mural installations by providing City funding and the means of curating the City’s collection of murals. This program has $50,000 in available funds for artist(s) and is also available for those who have already identified funds and would like to complete a mural project on City-owned property.

The following Guidelines provide guidance for artist(s) and artists teams on the process, criteria, and responsibilities associated with a mural project.

Eligible Applicants/Artists
Artists submitting proposals in response to this Call for Artist/RFP must be current residents of California who meet the minimum eligibility qualifications indicated below:

1. Successful completion of at least two permanent outdoor art installations, preferably those that are similar in scope and nature to the project identified in the Call for Artist/RFP or demonstrate the ability to complete your proposed project.

2. Aesthetic excellence in the design and execution of completed projects.

3. Ability to install or directly oversee the installation of the commissioned work.

4. Ability to comply with the project deadlines as indicated in the RFP.

5. Compliance with stated Proposed Project Requirements as listed in the RFP.

6. The City of Stockton takes steps to encourage the use of local artists. Local artists with a physical business location within the boundaries of the City of Stockton or County of San Joaquin and with an active business license will receive preference points in scoring.

Eligible Sites
City staff, in consultation with the Stockton Arts Commission, have identified five (5) potential sites for the installation of murals at McKinley Park located at 424 E. 9th Street.

The five (5) locations at McKinley Park include:
(1) the new pool house, expected to be completed by May 2025 (2) the existing handball walls
(3) the existing irrigation pump room
(4) existing restroom
(5) existing maintenance room
See Attachment A for images of the suggested mural locations with dimensions for reference. Artist may select any of the locations listed above and may propose to paint a mural on one location and/or up to all five locations.

Attachment A
66 City of Stockton
Public Art Mural Program Call for Artist/RFP
4 Location Background: McKinley Park is 25 acres and is on the South Side of Stockton, CA.

Several organizations and public schools including the original Little Manila Center (have since relocated), Stockton Judo Club, McKinley Elementary, and a local Handball Tournament Group are significant to this community. In the late 1800s and early 1900s, McKinley Park was the site of the historic Stockton Municipal Baths which included mineral baths and heated pools. At the time, street cars took passengers to the end of the line at McKinley Park. At its peak, the baths had three major pools -- the largest 400 feet long -- elaborate slides, an arched pedestrian bridge over the largest pool, trapezes, a bar and hotel, a zoo, and immaculately manicured lawns and grounds. As of late-April 2024, there is active construction for a CIP Public Works Project, the McKinley Park Renovation Project. This project is expected to finish sometime in Spring/Summer of 2025. Artists can start work as early as Spring of 2025. Once completed the park will include a renovated swimming pool and pool house; new picnic shelters, ball fields, play area, restroom, basketball courts, futsal courts, and soccer fields; new trees, landscaping and updated irrigation; as well as path lighting, and updated parking.

Program Goals
The Public Art Mural Program aims to enhance public spaces, roadways, and gateways by creating inspirational and universally enjoyable art. It seeks to raise awareness of the City’s diverse environment and users while maintaining aesthetic quality. Additionally, the program encourages contextual and expressive murals that contribute to a cohesive urban landscape.

Curatorial Standards
Murals in the Public Art Mural Program must meet high aesthetic, thematic, and artist experience standards. They should be durable, contextually appropriate, and technically feasible. Compliance with program goals, collaboration with City staff, and surface preparation are also crucial considerations. The Commission would like these mural(s) to be representative of South Stockton.

General Requirements

1. Murals must be an original work of art.

2. Artists will be required to waive their rights of integrity to commissioned artwork as pertains to its removal or repair as set forth in the California Art Preservation Act and the Visual Artists Rights Act.

3. City staff, in consideration of input from the Stockton Arts Commission, will determine the eligible locations. See Eligible Sites for more information on this year’s location.

4. An agreement with the artist with a specified term (from 5 to 20 years) and maintenance requirements is required. After the term of the agreement expires, the artwork may be removed, covered over, updated to extend its lifespan, or modified to meet future community objectives.

Attachment A
67 City of Stockton
Public Art Mural Program Call for Artist/RFP
5 5. All artwork materials must have a minimum lifespan as specified in their proposal, and artists must provide a graffiti coat on the mural.

6. The SAC has defined a specific theme for each site(s). The curatorial standards must also be met as defined in this Call for Artist/RFP. Please see below for more information.

This year murals must be representative of South Stockton.

7. City approval for public art murals shall be given only pursuant to these Guidelines and standards, in response to this Call for Artist/RFP.

8. Mural Identification Information: The City allows an 11x17 inch space along the bottom of the mural for mural identification information. The information must include the following: Artist Name, Artwork Title, Year, @stocktonarts, #stocktonmurals.

Additional language that the Stockton Arts Commission will consider includes:
a. @ArtistAccount: Artists can include their professional social media account handle in place of their artist’s name. The social media handle should be the artist’s business account with the primary intent to showcase the artist’s portfolio of work. The social media account should not primarily function as a shop to sell commercial products.
b. #CustomHashtag: A custom hashtag, #, may be considered if the mural project is part of a larger citywide campaign. The hashtag cannot include commercial signage as defined in the City’s Municipal Code. c. The following are not permitted in a Mural Signature Request:
i. Commercial Signage, as defined in the City’s Municipal Code ii. Advertising of commercial products (website, hashtag/#, or social media handle/@, other than the language approved by the Stockton Arts Commission)
No Guarantee
This Call for Artist/RFP is a competitive funding opportunity. Applying for this Call for Artist/RFP does not guarantee funding. The City reserves the right not to fund applications.

The City reserves the right, at its sole discretion, to suspend, amend, or modify the provisions of this application process. If such an action occurs, the City will notify all interested parties. The cost of preparing proposals for the City shall be borne by the applicant and shall not be reimbursed by the City. Applications received by the City will not be returned.

Attachment A
68 City of Stockton
Public Art Mural Program Call for Artist/RFP
6 Artist Stipend/Budget
The SAC will award a total amount of $50,000 in funds to an unspecified number of projects. Funding for projects may vary per project. Projects will be awarded on a competitive basis with the SAC deciding which proposals best meet its guidelines and are most deserving of the funding available. Applicants may request any amount of funds, taking into consideration that the SAC reserves the right to recommend funding towards only a portion of the total project request and to determine which portion of the project request it will recommend for funding. Payment for final artwork may be included as a line item in the project proposal budget submitted by the artist.

Artists and Artist Organizations that are not requesting funding will be required to agree to the same proprietary rights terms outlined in this Call for Artist/RFP.

Selection Process
Round 1: All submissions will be reviewed to determine eligibility.

Round 2: All eligible submissions will be reviewed by the selection committee which will include City staff and members of the Arts Commission. The selection committee will review and score eligible applications according to Evaluation Criteria listed below.

Round 3: After review, the selection committee will present their findings to the Arts Commission who will make a recommendation and final approval. If approved by Stockton Arts Commission, a contract and scope of services will be written. A sample of this agreement is attached and incorporated for reference.

TIMELINE
To be considered for funding, all sections of the application, including attachments and exhibits, must be complete, accurate and submitted by the deadline. The process and timeline can be adjusted at any time at the discretion of the Director of Community Services.

Call for Artist/RFP Release Date November 1, 2024
Call for Artist/RFP Deadline January 3, 2025
Selection Committee Review January - February
Community Engagement Surveys January - February
Funding Recommendations February 3, 2025
Notification of Funding February 2025
Attachment A
69 City of Stockton
Public Art Mural Program Call for Artist/RFP
7 Evaluation
Evaluation Criteria
Evaluation Criteria Points
Possible
Review of Eligibility (Pass/Fail)
Applicant/Artist Information
Provide a detailed description of the applicant’s background, including their expertise and experience. Be clear and concise in providing details including the applicant’s history/career, mission, significant accomplishments, and current work or projects. 10 Program Goals 20
Curatorial Standards 25
Mural Information
Title, description, full color rendering/sketch of proposed dimensions and materials 20 Program Budget 10
Project Schedule/Installation Plan
Proposed installation date(s) 10
Local Preference 5
Supplemental Materials (Pass/Fail)
Attachment A
70 City of Stockton
Public Art Mural Program Call for Artist/RFP
8 Additional Information
Insurance
Insurance is at Applicant's sole cost and expense and for the full term of the contract or any extension thereof, shall obtain and maintain at least all the insurance requirements listed on the City’s website at: City of Stockton Insurance. The nature of the grant requests programming that requires interaction with minors and begs special coverage not listed on the website but will be provided if awarded during the contracting phase.

It is the Applicant’s responsibility to review the insurance requirements. Submission of an application serves as an agreement to obtain and maintain all necessary insurance.

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

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

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

6.2 Reporting Requirements
All grant recipients are required to execute a grant agreement. Artist(s) who receive funding are required to submit quarterly reports as determined by the City.

At the completion of the program, a final report is required for submittal, as determined by the City.

Grant awards will be distributed on a reimbursement basis. Artist must submit an invoice with supporting documentation to document how funds were spent to receive payment.

Attachment A
71 City of Stockton
Public Art Mural Program Call for Artist/RFP
9 CITY OF STOCKTON MURAL PUBLIC ART PROJECT

PUBLIC ART PROPOSAL FORM - MURAL PROPOSAL
Part 1. Artist/Applicant Information:

Artist’s Name (or Team Leader):

Address:

City/State: Zip Code:

Email Address:

Telephone(s):

Names and E-mail or telephone numbers of additional team members*, if applicable:

Name______________________ Email or Phone
Name Email or Phone
*Please provide additional team member names on a separate, attached, sheet if necessary.

Part 2. Mural Information:

Title:

Proposed Location:

Description:

Fund amount requested:

Please check the requirements below and attach the following:

Artist information
 Resume/CV
 Examples of prior work (color images)
 Artist statement
 References
Proposal
 Visual proposal (can be line drawing) and narrative proposal.  Project Schedule
 Project Budget (If funds are requested)
 Maintenance plan/materials description
 Site plan/dimensions/location) and hand drawn or computer-generated simulations of proposed mural on location(s)
Attachment A
72 City of Stockton
Public Art Mural Program Call for Artist/RFP
10 Project Schedule:

Delivery Date
Final Design
Site Preparation
Installation
Completion
Community Celebration/Ribbon Cutting
Project Budget: Cost

1. Site Preparation

2. Paint/Primer/Sealer*

3. Supplies/Materials, other

4. Artist Fee

5. Equipment Rentals

6. Insurance

7. Permits (required if access closures/ traffic control is needed in public right of way for installation)

8. Anti-Graffiti Treatment

9. Contingency (15% minimum)
Total:
*Note: Artist to confirm existing surface condition and note/include in proposal surface treatment, if necessary, to provide optimal background surface for proposed mural.

Confirm Contract requirements acceptable?  Yes  No
Confirm possible permitting requirements?  Yes  No
Are you requesting City funds for your project?  Yes  No I / We have read the Stockton Mural Project RFP and the City of Stockton Public Art Contract and agree to abide by the terms therein:

Artist or Team Representative
Attachment A
73 (1) New Pool House
 Dimensions: Shown in image
 Canvas Material: CMU Block Ground Face
 The new pool house has three exterior walls: north, south, and east with CMU material that we are proposing mural artwork for.

Attachment B
74 Attachment B
75 (2) Handball Court
 Side Wall Dimensions: 13’x10’
 Front Wall Dimensions: 20’x16’
 Side Wall Area: 91 ft2
 Front Wall Area: 320 ft2
 Canvas Material: Concrete
Attachment B
76 (3) Irrigation Pump Room
 Dimensions: 10’ x 12’
 Area: 120 ft2
 Canvas Material: Brick
Attachment B
77 (4) Existing Restroom
 Dimensions: 26’x20’x8’
 West and East Facing Walls: 208 ft2
 North and South Facing Walls: 160 ft2
 Canvas Material: Wood
Attachment B
78 (5) Existing Maintenance Room
• Dimensions:
o 38' x 8" (2)
o 22' x 8" (2)
• Canvas Material: Brick
Attachment B
79 City of Stockton
Legislation Text
File #: 24-1038, Version: 1

ADOPT A RESOLUTION TO AWARD A PROFESSIONAL SERVICES CONTRACT WITH VIRGINIA TRANSFORMER CORPORATION FOR THE PURCHASE OF A 60 KV ELECTRIC

TRANSFORMER FOR THE REGIONAL WASTEWATER CONTROL FACILITY

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

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

2. Award a Professional Services Agreement to Virginia Transformer Corporation of Roanoke, VA, in the amount of $1,110,000 to purchase a 60 kilovolt (kV) transformer (Exhibit 1 to the Resolution).

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

Summary
The Municipal Utilities Department (MUD) operates and maintains the Regional Wastewater Control Facility (RWCF). The RWCF is powered by PG&E through a City-owned electrical substation. The substation contains a 10-megawatt (MW) transformer that receives electrical power from PG&E at 60,000 volts (V) and reduces it to 12,000 V to power all the wastewater treatment processes throughout the RWCF. Currently, the transformer at this substation is approaching the end of its useful life and requires replacement. If the transformer fails, the RWCF would be required to temporarily rely on generator power until the new transformer is replaced. Once the replacement is complete, the old transformer will be rebuilt to provide additional electric power supply redundancy at the RWCF.

It is recommended that the City Council approve a motion to award a Professional Services Agreement (PSA) with Virginia Transformer Corporation, in the amount of $1,110,000, to purchase a new 60 kV transformer to ensure electrical power supply to the RWCF.

DISCUSSION
Background
The Municipal Utilities Department (MUD) operates and maintains the Regional Wastewater Control Facility (RWCF). The RWCF is powered by PG&E through a substation owned by the City and located across from the RWCF at 2501 Navy Drive. The substation contains a 10 MW transformer City of Stockton Page 1 of 3 Printed on 11/7/2024
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File #: 24-1038, Version: 1
that receives electrical power from PG&E and 60 kV and reduces it to 12 kV for distribution throughout the RWCF.

Currently, the transformer at this substation is approaching the end of its useful life and requires replacement. If the transformer fails, the RWCF would be required to temporarily rely on generator power until the new transformer is replaced. To mitigate the risk, a second transformer must be purchased. Once the replacement is complete, the old transformer will be rebuilt to provide additional electric power supply redundancy at the RWCF.

Present Situation
On April 13, 2023, MUD advertised an RFP to solicit proposals from qualified firms to furnish a 60-

12.47 kV two-winding primary substation transformer for the RWCF. On June 15, 2023, two proposals were received from the following firms:
· Virginia Transformer Corporation (Roanoke, VA)
· Pralar USA, Inc. (Houston, TX)
A Selection Committee evaluated and ranked all the proposals based on each firm’s understanding of work, qualifications of the proposed team/company, experience with similar work, work plan, project approach, and cost. Virginia Transformer Corporation was found to be the most qualified firm to perform the scope of work for this project.

Staff negotiated a fee of $1,110,000 with Virginia Transformer Corporation to furnish the 60-12.47 kV transformer. This fee is reasonable for a project of this size and complexity. The fee also excludes any additional freight charges.

Findings
Pursuant to the Stockton Municipal Code (SMC) section 3.68.070, the City Council may approve findings which support and justify an exception to the competitive bidding process. The following findings support and justify an exception:

1. Use of the RFP process is appropriate for this Professional Services Agreement because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor.

2. Use of this criterion ensures the selection of a vendor that will provide the highest quality professional service, which is in the public interest.

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

Staff recommend that the City Council adopt a resolution to award a Professional Services Agreement (PSA) to Virginia Transformer Corporation in the not-to-exceed amount of $1,110,000 to furnish a redundant 60-12.47 kV transformer.

City of Stockton Page 2 of 3 Printed on 11/7/2024
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File #: 24-1038, Version: 1

LOCAL EMPLOYMENT ORDINANCE
On September 1, 2009, the City Council adopted a Local Employment Ordinance requiring that 50 percent of the workforce on public works projects of at least $100,000 reside in the City of Stockton.

The contract amount for this project is more than $100,000 but is exempt from the Local Employment Ordinance.

COMMUNITY WORKFORCE AND TRAINING AGREEMENT
On July 26, 2016, the City Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective on August 25, 2016, and applies to all Public Works projects over $1,000,000 that are bid after the effective date. This project is not subject to the CWTA because the scope of services does not include construction work.

FINANCIAL SUMMARY
There are sufficient funds available in the Wastewater Capital Improvement Project No. UW21010 to award the Professional Services Agreement in the amount of $1,110,000 to Virginia Transformer Corporation of Roanoke, VA, for the RWCF 60-12.47 kV Transformer Replacement. This amount does not include potential additional freight charges.

There is no impact to the General Fund, or any other unrestricted funds, from this action.

City of Stockton Page 3 of 3 Printed on 11/7/2024
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Resolution No.

STOCKTON CITY COUNCIL

AWARD A PROFESSIONAL SERVICES AGREEMENT WITH VIRGINIA
TRANSFORMER CORPORATION IN THE AMOUNT OF $1,110,000 TO PURCHASE A 60 KV TRANSFORMER FOR THE REGIONAL WASTEWATER CONTROL FACILITY The Municipal Utilities Department (MUD) operates and maintains the Regional Wastewater Control Facility (RWCF); and
The RWCF is powered by PG&E through a City-owned substation located on Navy Drive; and
The substation contains a 10-megawatt transformer that receives electrical power from PG&E at 60 kilovolts (kV) and reduces it to 12 kV for distribution throughout the RWCF; and
Currently, the transformer is nearing the end of its useful life; if the transformer fails, the RWCF would be required to temporarily use portable generators to power the plant; and
The Municipal Utilities Department staff recommends a professional service agreement (PSA) with Virginia Transformer Corporation, in the amount of $1,110,000, to purchase a 60-12.47 kV transformer to ensure continuity of electrical power supply to the RWCF; now, therefore,

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

1. The City Council approves the following findings pursuant to Stockton Municipal Code section 3.68.070 to support and justify an exception to the competitive bidding process:
a. Use of the RFP process is appropriate for this Professional Services Agreement because it relies on the evaluation of professional qualifications and performance as the basis for the selection of a vendor. b. Use of these criteria ensures the selection of a vendor that will provide the highest quality professional service, which is in the public interest. c. The City negotiated an agreement following the solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
83 2. The Professional Services Agreement (PSA) between the City of Stockton and the Virginia Transformer Corporation, in the not-to-exceed amount of $1,110,000, to purchase a redundant 60-12.47 kV transformer is hereby awarded, and the City Manager is authorized and directed to execute the same, a copy of which is attached as Exhibit 1 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED 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
84 1
(ZĞǀ͘ϭϬ.Ϯϳ.ϮϮ)

CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”) to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________

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

Commences on: Terminates on:

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.

CONTRACTOR
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address

CITY OF STOCKTON
_________________________________________________________BB________________ +DUU\%ODFN City Manager Date
ATTEST:
____________________________________________________________________________ .DWKHULQH5RODQG&0&&30&,QWHULP City Clerk
APPROVED AS TO FORM:
/RUL0$VXQFLRQ, City Attorney
BY:

Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms Conditions
(d) Exhibit D –
VIRGINIA TRANSFORMER CORP. a 60-12.47KV TWO WINDING PRIMARY SUBSTATION TRANSFORMER September 30, 2024 September 30, 2027
Professional Services Special Terms & Conditions

H
Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline

____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

Virginia Transformer Corp.

Chris Dearmon
220 Glade View Drive, NE, Roanoke, 24012
_____________________________________________________________________________

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $ 1,110,000 Additional freight charges may apply, "Prepaid & Add".

Docusign Envelope ID: A79EA261-8AFE-4AB6-BB9E-CC8F6EA6AD62 --------------
Mr. Steve Nelson
Chief Financial Officer
Virginia Transformer Corp.
9/9/2024
EXHIBIT 1
85 EXHIBIT A

STATEMENT OF WORK

1. Project Objectives
The purpose of the transformer is to accept electrical power from PG&E at a voltage of 60,000 volts and to reduce (transform) it to 12,470 volts for distribution.

If the transformer fails, then the RWCF can no longer receive power from PG&E and will be on rental generators.

2. Project Scope
Contractor shall furnish a redundant 60-12.47kV two-winding primary substation transformer for the Regional Wastewater Control Facility. The transformer shall be designed, constructed, and tested in accordance with Specifications Section 261113, see Section 3. It shall fit on the existing equipment pad.

Contractor shall perform an evaluation of losses and provide load and no-load loss measurements. This shall include all delivery and unloading charges FOB Destination:

Regional Wastewater Control Facility
ATTN: KELLY JU
2500 Navy Drive
Stockton, CA 95206
Contractor shall provide adequate assistance and/or equipment necessary to load and unload their products at the delivery site.

The City reserves the right to conduct all inspections as it deems appropriate.

Until the equipment has been furnished in accordance with Specification Section 261113, all loss or damage arising from any unforeseen obstruction or difficulties, either natural or artificial, which may be encountered, or from any action of the elements, or from any act or omission not authorized by these specifications on the part of the proposer or any agent or person employed by them, shall be sustained by the Contractor. This shall also include the services of a competent engineer to inspect the transformer prior to off-loading and provide field testing per Specifications Section 261113.

3. Specifications
SECTION 261113
60 - 12.47 kV TWO-WINDING PRIMARY SUBSTATION TRANSFORMER

EXHIBIT 1
86 SCOPE:

1. The equipment to be furnished by the Bidder consists of one (1) base rated 10,000 kVA substation transformer with load tap changer.

2. These specifications describe the transformers to be designed, constructed and tested in accordance with the latest revision of the applicable IEEE, ANSI, and NEMA standards, except where specific requirements of these specifications conflict with these standards. In such cases, these specifications take precedence.

It is assumed that the equipment provided by the manufacturer will be in strict compliance with these specifications unless specific exception is taken and explanation provided.

3. Units shall be designed for outdoor use with overhead non-insulated conductors on the high-side and underground insulated conductors on the low-side.

MANUFACTURERS: The following manufacturers are pre-approved.

1. Niagara Transformer Company

2. Virginia Transformer Company

3. ABB

4. Siemens

TECHNICAL SPECIFICATIONS:

Ratings and Descriptions:

1. Number of Phases: Three

2. Coolant: Oil

3. Type of Coolant: ONAN/ONAF/ONAF

4. Frequency: 60 HZ

5. Capacity: 10,000/13,333/16,665 kVA at 55°C rise
11,200/14,934/18,667 kVA at 65°C rise
Without loss of insulation life

6. High Voltage: 60 kV Delta

7. BIL (High Voltage): 350 kV

8. Rated Taps:
(High Voltage)
Two (2) 2 ½ % taps above rated voltage,
two (2) 2 ½ % taps below rated voltage. (All
de-energized.)

9. Low Voltage: 12.47/7.2 kV Grounded Wye

10. BIL (Low Voltage and Neutral): 95 kV

11. Impedance: 8.4% or nearest standard

12. Temperature Rise: 55°C with allowance to 65°C with insulation specified.

13. Windings: All windings shall be copper.

EXHIBIT 1
87 GENERAL CONSTRUCTION:
1A. No Load Tap Changer: A de-energized tap changer suitable for handling the maximum 65°C current in the winding and meeting ail voltage requirements will be supplied to permit changing the tap connections in the high side winding from outside the transformer case. This tap changer will have self-cleaning, selfaligning, positive positioning contacts to eliminate maintenance due to misalignment and contact wear, and will be designed for operation only when the transformer is de-energized. The tap changer will be mounted at a location that will be convenient for design and operational purposes and particular consideration will be given to the lead connection to insure dielectric integrity under transient voltage conditions.

The operating handle will be protected from unauthorized operation with provisions for padlocking in any position. The operating handle will be located on the tank wall at a height convenient for operation by a man standing on the foundation. Visible indication of all tap positions will be provided by a position indicator with the Number 1 or letter A assigned to the tap having the greatest number of effective turns. Sliding contact type tap changer shall be utilized over the rotary type.
1B. Load Tap Changer (LTC): The transformer shall be complete with a inductivetype load tap changer having a range of 10 percent above and 10 percent below normal voltage in 32 equal 5/8 percent steps. The LTC shall be Reinhausen Type RMV-II or approved equal.

The LTC shall have full rated kVA on taps above and a current rating corresponding to the full load current of rated voltage on taps below normal voltage. The LTC taps may be located wherever necessary on the Low Voltage winding to produce the desired results. The LTC mechanism shall be designed for a minimum contact life of 500,000 operations before contact replacement is required. Contacts must be silver-plated. If the quoted tap changing system requires a preventive autotransformer or series transformer, it shall meet Class 2 power transformer standards including circular core/coil design and disc of helical type winding construction, using all copper conductors. a. The tap changer mechanism shall be mounted in separate oil filled compartment capable of withstanding full vacuum in the main tank without damage to the LTC compartment or components. The compartment shall be equipped with the following:

1. Magnetic liquid level gauge, with alarm contacts.

2. Pressure control switch with trip and alarm contacts.

3. Drain and filling valve.

4. Tap selector with 33 operating positions.

EXHIBIT 1
88 5. Eight-pound mechanical pressure relief device, Qualitrol or approved equal.

6. Sudden pressure relay to be same as required for the main task. b. The motor drive mechanism of the LTC shall be housed in a separate NEMA Type 3R cabinet and shall be equipped with the following:

1. Operating mechanism with motor drive. Motor to be 208-240V A.C. single-phase with magnetic release brake. Draining of the LTC compartment should not be required for access to the drive motor.

2. Local position indicator to be visible from glass panel in door with two drag hands to indicate maximum and minimum positions.

3. Operations counter to be visible from glass panel in door.

4. All controls and motor mechanisms shall be mounted for easy accessibility from the ground.

5. Hand crank for use during maintenance shall be interlocked with motor to prevent simultaneous operation.

6. Tow limit switches shall be provided to open the drive and control circuits at the upper and lower limits. Switches shall include contacts and remote indication.

7. The transformer shall be designed so that the routine LTC maintenance can be performed without the necessity of pulling vacuum or handling oil from the main tank.
c. The transformer shall include, in the main tank, a current transformer on the low voltage side, X1 bushing for input to the line drop compensator. The Owner will provide a potential source for operating the voltage regulating relay, which will consist of one line to ground potential transformer on X1 and XO with a secondary voltage of 120 volts.
d. The following equipment shall be supplied and mounted in the control cabinet attached to the transformer tank:

1. Static voltage regulating relay.

2. Line drop compensator with resistance and reactance adjustments.

3. Reactance reversing switch.

4. Provisions for manual operation.

5. Automatic-off-manual selector switch.

6. Raise-off-lower control switch for manual operation.

7. Motor and controls protected by circuit breakers.

8. Voltage testing terminals.

EXHIBIT 1
89 9. Current transformer with line drop compensator.

10.Circulating current CTs for parallel operation.
e. The LTC shall be equipped with a digital tap changer control, plus all necessary accessories and equipment for parallel transformer operation, including but not limited to the following:

Beckwith M-2001B - Tap Changer Control
Beckwith M-0329B - LTC Backup Control
Beckwith M-2025B - Current Loop Interface Module
Beckwith M-0169A - Auxiliary Current Transformer
Beckwith M-0127A - AC Circulating Current Relay
Beckwith M-0170A - AC Load Current Relay

2. Core & Coil Construction: Transformer must be of the power design having a round core and coil assembly with all windings being copper. The transformer must be designed to meet ANSI C57-12-90a test criteria for round design (2% maximum change in IZ after fault test). Core shall have cold-rolled, oriented grain steel with all sheets cut so that magnetic flux flows in the direction of the structural steel grain. The high voltage coils shall be continuous circular disc wound with additional insulation on the line end turns to provide superior surge performance. The low voltage windings shall be either of the disc or helical type whichever offers the highest reliability for through faults. The core and coil shall be assembled and have accessories in accordance with the latest ANSI C57.12 Standards. The bidder shall provide pertinent information with respect to the type of construction of the core and coils with the proposal.

The purchaser reserves the right to inspect the completed core and coil assembly prior to tanking. The manufacturer shall notify the purchaser not less than five (5) business days prior to the date of tanking to allow the customer to witness tanking, if so desired.

3. Insulation: Transformer shall employ thermally-uprated insulating material to allow 12% overload capability without loss of insulation life. Insulation on all conductors used in the coil winding process shall be cellulose insulating paper. It shall be wound onto the conductor employing a spinning process. The paper insulation shall be applied in single or multiple strands such that a minimum of 30% of the paper surfaces are overlapped to provide for a continuous insulating surface. Sufficient tension shall be maintained on the paper strands so as to prevent loose wraps. If clamping rings are utilized in the transformer design, full circumference rings shall be used. Core and coils shall be dried using a "vapor phase" system prior to filling.

4. Oil: The transformer will be complete with the first filling of inhibited transformer oil refined especially for use in transformers. Oil shipped in the transformer shall have been tested to a dielectric strength by the ASTM D877 method. Oil supplied to the site by tanker shall have a minimum dielectric strength of 70 kV using the ASTM D877 method taking samples from the top and bottom. The oil must be tested to a dielectric strength of 70 kV when placed in the transformer. All test values shall meet or exceed EXHIBIT 1
90 those listed in ANSI standard C57.106. Oil shall be certified Non-PCB in accordance with current EPA regulations.

5. Oil Preservation System: The oil preservation system shall be of the pressurized inert gas type. The inert gas system shall have all standard accessories, including but not limited to separate high-pressure nitrogen tank, automatic pressure regulating valves, and high and low pressure gauges and alarm contacts. The bottle and associated equipment shall be enclosed in one cabinet. The manufacturer shall supply with the transformer sufficient inert gas for the initial filling and purging. Nitrogen bottles shall be green in color and furnished with a proof-of- purchase document (bill of sale) in the Owner's name which shows said cylinder's serial number. The gas bottle and equipment shall be contained within a painted steel rain tight enclosure (NEMA 4, with three-point latching, handle, and locking provisions). Viewing port shall be made available at the gauge level for inspection of the cylinder pressure without opening the cabinet.

6. Tank and Accessories:
a. All tank seams shall be double welded (inside and outside) and shall be a minimum of six (6) inches from the corner. Corner welds are not acceptable. b. Cover shall be domed to shed water and welded to the tank. During the welding of the transformer cover, an inorganic gasket will be permanently located between the cover and the tank flange to prevent entrance of weld spatter into the tank. c. All gasketed openings shall be designed with means provided for controlled compression of the gasket, utilizing metal-to-metal stops, and re-usable gaskets of oil resistant material. All gasketed joints on top of the transformer shall utilize flanges, which are raised at least % inch above the cover surface. d. Tank shall be built to withstand full vacuum without permanent distortion. e. The following moving and handling facilities shall be provided:
1) Lifting eyes for lifting covers only.
2) Lifting facilities for core and coils.
3) Jacking and rolling provisions, whereby any lug or pad shall be capable of supporting the entire weight of the transformer when filled with oil. There shall be a minimum of eight (8) jacking pads with pulling eyes located at the base of the transformer. There shall be one (1) on each side of each comer in order to facilitate movement in any direction.
4) Base suitable for skidding in any direction.
f. One or more raised manholes on cover. Each manhole shall be at least 18" diameter. Manholes must be round. No oval, rectangular or square covers shall be accepted.
g. Core shall be grounded at only one point and brought to a convenient location for testing and be brought out on the cover through a bushing and grounded externally.

EXHIBIT 1
91 h. Fall Protection: A device suitable for mounting a safety device in the approximate center of the tank cover and capable supporting hardware including harnesses utilizing gravity brakes shall be provided.
i. Tank shall be provided with the following valves with plugs (NOTE: All plugs shall be brass):
1) One, two-inch (2") combination oil drain valve, lower filter connection and sampling device.
2) One, one-inch (1") valve for upper filter connection. 3) Inlet and outlet flanged oil line shut-off valves for each cooler assembly. 4) One, three-inch (3") filling plug.
5) Valve shall be provided for the sudden pressure relay on the tank wall. 6) Valve(s) shall be provided for a gas monitor system.

j. All standard accessories and maintenance devices outlined in ANSI C57.12 shall be provided and shall include but not be limited to the following:
1) A minimum of nine (9) ground pads with two 1/2-13 UNC tapped holes on

1.75" centers shall be provided. One shall be placed on each comer near the base of the transformer, one next to the neutral bushing, one at bottom of low voltage enclosures for transition to base of transformer, two for the high voltage lightning arresters located on top of the tank and at each end of the high voltage bushings and one near the core ground bushing. The connectors to be supplied with this unit for the grounding connection to these pads shall be Anderson Catalog No. SWL-025B, or equivalent.

Also 4" x 2" copper bars shall be provided to ground the XO bushing and the high voltage lightning arresters. See enclosed sketch for routing. 2) Dial-type oil temperature indicator with maximum temperature-indicating device mounted eye-level, push button re-set, alarm, trip, and spare contacts wired to terminal blocks in the control cabinet.
3) Magnetic oil level gauge with high- and low-level alarm contacts wired to terminal blocks in the control cabinet.
4) Dial-type low side and high side winding temperature indicators, actuated from the hottest spot detector element in HV and LV leads, with maximum temperature indicating device mounted eye-level, push button re-set, two stages of fans, alarms, trip and spare contact wired to terminal blocks in the control cabinet.
5) Qualitrol 910 Series (or equivalent) oil space type sudden pressure relay shall be provided for relay operation in case of sudden pressure rise. An auxiliary seal-in relay shall be provided with each pressure relay. The auxiliary relay shall have two (2) normally open contacts with re-set pushbutton and voltage EXHIBIT 1
92 ratings of 120/240V A.C. and 24, 48, and 125V D.C., customer selectable.

Relay shall be readily accessible for inspection or tests without de-energizing the transformer. Relay wiring shall include MOV surge suppressors (G.E.#V140LA10A) across all contacts of this relay. An auxiliary relay with 60-second time delay shall be provided for loss of DC alarm. 6) Mechanical automatic re-setting pressure relief device with semaphore located on top of the transformer and alarm contacts wired to terminal blocks in the control cabinet. Qualitrol or approved equal.
7) Removable radiators with shut off valve.
8) Pressure vacuum gauge with alarm contacts wired to terminal blocks in the control cabinet. Qualitrol or approved equal.
9) Tank-mounted stainless steel diagrammatic nameplate detailing transformer data. Nameplate shall be Type C as outlined in Table 7 of ANSI/IEEE C57.12.00.
10) Fault gas monitor, DGA, device mounted eye level. Sample valve to be located near top of tank and close to radiators. Device controls shall be wired to terminals in control panel. G.E., Mitsubishi, Qualitrol, or approved equal.

The device shall include an EIA-232 serial port and/or fiber Ethernet port for external communications and SCADA utilizing compliant DNP3 and Modbus protocols. Any special software necessary for communication or device management shall be furnished with the device.
11) Welded cover.
12) All control and fan wiring external to the tank and control cabinet shall be enclosed within a galvanized metal conduit. All control wiring shall be clearly labeled in accordance with shop drawings. All conduit fittings, i.e. LB's, unions, couplings, clamps, etc., shall be galvanized metal. 13) Control voltage for all alarm and indicator contacts shall be 125V D.C. k. Paint: Prior to painting, the surface shall be shot or sandblasted for removal of weld splatter, rust, dirt, and all or any foreign matter accumulated during fabrication. All surfaces shall be thoroughly cleaned of all dirt, oil and other impurities with a detergent wash with an iron phosphate conversion coating and a chrome seal. All non-current carrying metal surfaces shall be painted with an undercoat of rust inhibiting primer such as zinc chromate epoxy, red iron oxide (or equal), followed by two (2) coats of urethan enamel (or equal0. Paint finish color shall be ANSI #70, light gray, Munsell notation 5BG 7.0/0.4 or equivalent. Minimum overall dry thickness of the undercoat and the finish coats shall be 1.5 and 3 mills, respectively, for a total of 4.5 mils. The radiators shall be hot dipped galvanized with a minimum overall dry thickness of 3 mills. Vendor shall include radiator specifications with their proposal. The internal surfaces shall be painted white with oil resistant epoxy enamel with dry thickness of 3 mills. An accelerated aging test must be performed on the paint to be used inside the tank. The method and results must be submitted with the bid. The bottom of the tank will be coated with heavy asphalt underground EXHIBIT 1
93 paint. The top of the main tank and LTC compartment shall be provided with a nonskid coating. A sufficient amount of touch-up paint (spray cans) will be furnished to cover scratches that occurred during shipping and installation. l. Control Cabinet: One NEMA Type 3R control cabinet with hinged interior mounting back panel shall be mounted on exterior of the transformer to house all terminal boards for power, control, current transformers, alarm contacts, cooling equipment controls, and other devices except as specified otherwise. Hinges, latches, and hardware shall be corrosion resistant. Cabinet shall be a minimum of 5'W x 4'H x 10"D with three-point latching mechanism for hinged double doors operated by one handle and padlock provisions. The cabinet shall have two (2) 120V A.C. lamps controlled by door operated switches, two (2) 250 watt heaters rated 240V A.C. and one (1) 120 volt duplex outlet protected by a ground fault interrupter breaker.

A removable plate to be drilled by the purchaser for conduit entry shall be provided in the bottom of the control cabinet.

7. Bushings and Connectors: The 60 kV bushings shall have a current rating equal to or in excess of the maximum high side current at lowest tap setting at full ONAF rating at 65°C. The basic impulse level will be 350 kV, LAPP Type POC-A, or approved equal. The 12.47 kV bushings shall have a current rating equal to or in excess of the maximum low side current at lowest tap setting at full ONAF rating at 65°C. The basic impulse level will be 95 kV suitable for horizontal side wall mounting, ABB Type "A" Bushing or approved equal. The center of the 12.47 kV bushings must be at an elevation of 145.5 inches above ground level. The low side bushing shall be mechanically supported to reduce transverse loading. All bushings shall be mounted to the tank with stainless steel hardware.

The low side bushings shall exit the tank at the top of the transformer.

All bushings shall be supplied with four (4) hole tin plated NEMA pad studs. The surface area of the pads shall be sufficient to accommodate the maximum current at lowest tap setting at full ONAF 65°C current rating of the transformer. The second throat section shall have three copper bars one for each phase bushing drilled to attach to the four (4) hole stud and have four (4) sets of 2-hole NEMA spacing for connecting 2-hole spade lugs. Each bar shall have the same current capacity at the bushing and stud and be mechanically supported to reduce traverse loading.

Access panels shall be provided in both throat sections. In the first section, a panel shall be located in the bottom of the throat and in the access cover to accommodate the installation of existing bus duct. In the second section, a panel shall be located in the bottom of the throat to accommodate the installation of a future cable bus system.

8. Insulation Class and Test: The transformer shall have a high voltage insulation class of 138 kV, 650 kV basic impulse level with a 275 kV applied test voltage. The low voltage insulation shall have a 110 kV basic impulse level and have a 34 kV applied test voltage. These shall be in accordance with ANSI Standard C57.12.00.

9. Lightning Arresters: Transformers shall be furnished complete with primary station class porcelain lightning arresters mounted on the transformer. These arresters will EXHIBIT 1
94 be supplied with a four (4) hole, tin-plated, NEMA terminal and connectors capable of accepting 4/0 copper through 350 MCM copper on the line terminals. The ground terminal with connector shall be capable of accepting 4/0 copper. The three primary lightning arresters shall be Ohio Brass Type VN 219584, or equivalent, 108 kV RMS, with 84 kV MCOV arrester rating. Ail arresters shall be gray.

10.Cooling Equipment: The transformer shall be furnished complete with forced air cooling equipment. The equipment shall include a contactor/relay for fans controlled by winding temperature indicator, manually operated "Man-Auto" switch for transformer fans in a weatherproof control cabinet, fans, and control wiring. Cooling equipment shall be 230V, AC, 60 HZ, single-phase control power. Each fan motor shall mount directly on the radiator and have the same rating and diameter. Fans shall be two-blade type with maximum RPM of 1150. Bidder shall furnish with their bid a sketch of fan location on radiators as well as total square footage of radiator cooling area and quantity of radiators. Each fan motor shall be individually protected by selfreset thermal devices. Loss of an individual fan shall not affect the operation of remaining fans. All wiring from fan motors to junction boxes shall be moisture-proof with built-in receptacles. All radiators and/or heat exchangers shall be equipped with bolted flanges and valves to permit removal without draining the oil from the transformer. Fan motors shall be weatherproof, totally enclosed with sealed, permanently lubricated ball bearings. An auxiliary relay with 60-second time delay shall be utilized for loss of A.C. alarm. All alarm and control voltage shall be 48V D.C.

All radiators shall be interchangeable and constructed to withstand tank operating pressure and full vacuum. Vent and drain holes with brass plugs shall be supplied on each radiator or heat exchanger.

11.Current Transformers: Each high voltage bushing shall have two (2) 600:5 and (1) 1200:5 multi-ratio CT's. Each low voltage bushing shall have two (2) 2000:5 multi-ratio CT. The neutral bushing shall be equipped with one (1) 1200:5 multi-ratio CT. All the above CT’s shall be relay accuracy C800. The low voltage X2 bushing and high voltage A2 bushing shall each be equipped with a CT for winding temperature equipment. The low voltage XI bushing shall be equipped with a CT for input to the live drop compensator. The ratio to be determined during design. All CT taps shall be brought down to shorting type terminal blocks inside the control cabinet. All wire penetrations through the tank lid shall be permanently sealed. Current transformers shall have fully distributed windings and a minimum thermal rating of 2.0.

12.Noise: Noise level shall not exceed NEMA Standard TR1-0.06, Table 0-1. If a variable flux LTC design is quoted, the sound level guarantee shall be at the LTC position that produces the maximum flux density. If a reactance LTC mechanism is quoted, the sound level guarantee shall be met on all bridging positions of the preventative auto.

13.Corona and RIV: Transformer shall not exceed NEMA and IEEE Standards for corona and radio influence voltages.

14.Short Circuit Requirements: Without limiting in any way any obligation of the Bidder under this agreement, the Bidder shall demonstrate to the satisfaction of the Owner that the transformer proposed to be furnished under this specification shall have EXHIBIT 1
95 sufficient mechanical strength to withstand without failure all bolted through fault, assuming an infinite bus fault. The impedance of the transformer shall be the only limitation of the fault current. The Bidder shall demonstrate that the transformers meet this requirement by one of the following methods:
a. Certified test data showing that a transformer with a core and coil identical in design and construction and identical or similar with respect to kVA Capacity, kV ratings, BIL, impedance and voltage taps has been tested under maximum short circuit conditions without failure. A description of the test code under which the transformer was tested for short-circuit strength will be provided by the Bidder to the Owner.
b. A history of successful experience with transformers of identical or similar ratings, design and construction. The Bidder shall list all transformers in service with core and coils that are essentially identical in design, construction, and manufacture to the transformer covered by this specification and shall provide information on the date of installation, location, and failures, if any. Where such transformers have not been built or the cumulative service record is less than 20 transformer years, a list of transformers in service that represent the closest approximation to the transformer covered by this specification shall be submitted. The information submitted shall be representative of the total experience of the manufacturer with the design of the transformer to be furnished and shall include the dates of installation (or shipment, if not installed), the ratings of the transformers, and a list of failures and causes of failures, if any have been experienced. Furthermore, the transformer shall meet the requirements as specified in ANSI Standards C57.12.00 Section 7.

15.Internal surge arresters or non-linear resistors shall not be included as part of the internal insulation system, unless written authorization is first obtained from the engineer.

16.Tests: The following tests shall be made in accordance with the procedure outlined in ANSI Standards C57.12.90 and any other applicable standards. These tests shall be performed at the factory with the actual bushings, radiators and other auxiliary equipment associated with the transformer attached in order to duplicate the in-service conditions. Certified test results shall be provided to the Owner in accordance with ANSI Standards C57.12.00.
a. Leak tests on tank, coolers, and piping.
b. Losses:
1) Excitation losses at 100 an d110 percent of rated voltage. 2) Total losses at rated voltage.
3) Auxiliary losses.

EXHIBIT 1
96 4) Reported Losses. ANSI reference temperature of 20°C for No Load Losses and 75°C for Full Load Losses.
c. Resistance of windings at 75°C.
d. Impedances, positive sequence and zero sequence of all winding combinations. e. Regulation at 1.0 and .8 PF.
f. Excitation current at 100 and 110 percent of rated voltage. g. Low frequency dielectric test.
h. Induced potential test.
i. Corona test.
j. Noise test - shall not exceed NEMA Standard TR1-0.06, Table 0-1. k. Impulse test as specified in ANSI Standard C57.98 shall be performed for each high voltage terminal.
l. Power factor of windings and bushings.
m. Turns ration and polarity test. For current transformers, ANSI Standard C57.13.1 shall also apply.
n. ANSI temperature test will be made when there is no record available of a temperature test made in accordance with ANSI Standards C57.12.90 and C57.100 on an essentially thermal duplicate unit. The temperature tests shall include examination of the tank surfaces for hot-spots with infrared equipment. o. A combustible gas-in-oil analysis shall be made before andafter dielectric tests.

When heat run tests are performed, analyses shall also be made before and after the heat run tests. If the transformer is drained and refilled with oil during the performance of these tests, additional gas-in-oil analyses shall be made before draining and after refilling.
p. Furnish dew point of transformer gas, tank pressure, and winding temperature just prior to shipping.
q. Seller shall notify Purchaser two (2) weeks prior to testing for purposes of Purchaser witnessing same, if desired.

17.Alarms: Each alarm output shall be wired through terminal blocks in the control cabinet to annunciators also mounted in the control cabinet. The annunciators shall be Schweitzer Engineering Laboratories, Inc., (SEL) Type 2533, with standard firmware, 48V DC power supply, 48V DC control input voltage, 14 digital inputs and 7 digital outputs, SEL Catalog Number 2533022100XC2X0. A total of two (2) SEL annunciators shall be provided, one for the main tank alarms and one for the LTC alarms. The following accessories shall be provided with each annunciator:
• SEL-2533 Wetting Voltage Jumper Kit, Six 4-Prong Jumpers, SEL P/N 915900239
• Additional Configurable Labels, SEL P/N 9260065
EXHIBIT 1
97 The individual alarms shall be wired to the annunciator inputs in accordance with the following schedule:

Main Tank Alarms
Input A1 - Oil Temperature Input A2 - Oil Level
Input B1 - Winding Temperature (HV Winding)
Input B2 - Pressure Vacuum Switch - Pressure
Input Cl - Pressure Relief Device
Input C2 - Sudden Pressure Relay
Input D1 - Loss of AC Power to Fans
Input D2 - Loss of DC Power to SPR
Input El - Low Nitrogen Cylinder Pressure
Input E2 - Gas Monitor
Input FI - Winding Temperature (LV Winding)
Input F2 - Pressure Vacuum Switch - Vacuum
LTC Alarms
Input A1 - Oil Level
Input A2 - Pressure Switch
Input B1 - Pressure Relief Device
Input B2 - Sudden Pressure Relay
Input Cl - LTC Lower Limit
Input C2 - LTC Upper Limit
Input D1 - Loss of DC Power to SPR Input D2 - (spare - not used) Input El - (spare - not used)
Input E2 - (spare - not used)
Input FI - (spare - not used)
Input F2 - (spare - not used)
Outputs OUTOl and OUT02 of each annunciator shall be wired to terminal blocks in the control cabinet for customer use.

Alarm window labels shall be provided for each annunciator in accordance with the legend in Appendix A of this specification.

18.Losses: Losses shall be evaluated at rated voltage and base MVA using the g=following formula and values:

LEC=(GNLL*NLLTC) + (GLL * LLTC) = (GAL * ALTC) = P
Where:

LEC= Loss evaluated transformer cost
GNLL= Guaranteed maximum no load loss cost
NLLTC= No Load loss cost ($2,980.00/kW)
GLL= Guaranteed maximum load loss cost
EXHIBIT 1
98 LLTC= Load loss cost ($1570.00/kW)
GAL= Guaranteed maximum auxiliary load loss
ALTC= Auxiliary loss cost ($560.00)
P= Quoted Price
Load and No-load loss measurements must be made on a test set that has been calibrated in accordance with the National Institute of Science and Technology, Technical Note 1204. Accuracy of losses must be stated and test results corrected to 85°C, but actual test shall be made at 20°C (ambient) "unit" temperature.

For the losses quoted, the Bidder shall state the error of measurement for the system used in the measurement of losses traceable to the National Institute of Science and Technology by means of a procedure described in NIST Technical Note 1204. In the event this measured value of error is not available at the time of bidding, the manufacturer shall supply its calculated value of error for the system it uses similar to the method in NIST, Technical Note 1204. Prior to testing of the transformer, said manufacturer shall provide data verifying that its accuracy in measurement is traceable to the National Bureau of Standards as outlined above. At that time, a value based on the loss factors stated in the specifications shall be used to adjust the manufacturer's quoted price that reflects the verified error of measurement if different from the calculated values. If the difference between the actual certified test losses exceeds the guaranteed losses provided by the transformer manufacturer, then this difference will be deducted from the delivery price of the transformer using the values above to compute this change in price. However, no increase in price will occur if the actual certified test losses are less than or equal to the guaranteed losses provided by the supplier. The Bidder shall indicate load, no load, and auxiliary losses. The manufacturer shall state the accuracy of its loss measurements and how this value was verified.

19.Evaluation Criteria: The following evaluation criteria will be used in determining the successful bidder:
a. Cost;
b. Guaranteed load, no-load, and auxiliary losses;
c. Warranties;
d. Quality;
e. Past performance of manufacturer with regards to failures and schedules; f. Adherence of bidder to specifications;
g. Quoted delivery time;
h. Ability and willingness of bidder to perform complete dress-out of unit; and i. Ability and willingness of bidder to perform final inspection and testing of unit.

20.Warranty: The transformer including all accessories shall be warranted to the City of Stockton for a period of five (5) years from the date of energization. During the first EXHIBIT 1
99 year, the five (5) year warranty shall cover the transformer removal, transporting, and reinstallation if repairs are required.

Where warranties of five years are not available, a value of 1% per year of the quoted price will be added to normalize the warranty to five years for the purpose of evaluation.

21.Drawings: Drawings shall be supplied to the city.

Approval Drawings:

Three (3) sets of approval prints plus all drawings in AutoCAD (DXF) format shall be electronically supplied as soon as possible after receipt of purchaser's order.

Final Drawings:

After final approval, one (1) complete set of drawings plus all drawings in AutoCAD (DXF) format shall be sent to city. Three (3) complete sets of drawings plus all drawings in AutoCAD (DXF) format shall be sent to the City of Stockton.

Four (4) copies of each device instruction book and installation manuals will be supplied; one (1) copy should be sent to BHA and three (3) copies to the City of Stockton. Included with the instruction book sets will be a parts breakdown with ordering information on obtaining spare or replacement components as well as longterm storage and handling information.

22.Field Engineer: The manufacturer will furnish the services of a competent Engineer to inspect the transformer prior to off-loading. Furthermore, it shall be the responsibility of the Supplier to provide personnel and equipment to do the following:
a. Off-load the transformer from the rail car onto a trailer and move to the site, if shipped by rail.
b. Off-load the transformer onto the transformer foundation (foundation supplied by Owner.)
c. Assemble any partsremoved for shipment.
d. Supply the oil.
e. Provide equipment to oil fill the transformers.
f. Oil filling.
g. Complete dress-out.
h. Final field-testing per specifications.

The cost of field engineering services shall be included in the transformer bid price.

Also, an estimated time required for these services shall be included with the bid.

The Field Engineer will perform the following tests and supply to the City of Stockton a written report outlining the results of the test. 1) Double P.F. Test (Windings and Bushings)
2) Oil Dielectric Test (32,000V) Min.

EXHIBIT 1
100
3) Water Content of Oil (PPM)
4) Neutralization Number
5) Turns Ratio Test
6) Oil System Integrity
7) Oil Dissolved Gas Test
8) Insulation-resistance test (Meggar)
All tests shall be performed in accordance with the latest standards of EEI, NEMA, ANSI, and ASTM. ANSI Standard C57.106 shall be used as a guide in evaluating oil test results.

23.Shipment: F.O.B. point of delivery on transformer slab, dressed-out at the City of Stockton RWCF of Substation. The City of Stockton shall be notified at least two (2) weeks prior to shipment. Furthermore, the City Stockton shall be notified to confirm actual shipment and an estimated time of arrival at the site. If shipped by rail, notification of arrival shall be given 72 hours in advance of arrival at the rail siding so that arrangements can be made for rail car inspection prior to off-loading. If shipped by truck, same notification is necessary before off-loading at site.

The transformer may be shipped with or without oil. Oil as specified earlier (if shipped separately) should be shipped in a tank truck designed for this purpose for installation into transformer tank. If shipment is made without oil, transformer must be shipped with pressurized inert gas or with dry air.

24.Equipment Data: Each bidder shall furnish with their bid completed performance specification form, as suggested by ANSI Standard C57.12.00, to include but not limited to all requested information in this specification as well as all dimension, weights of core and coil, tank and oil.

25.Delivery: Bidder shall quote FOB transformer slab, RWCF Substation, Stockton, CA.

The bidder shall quote its best delivery.

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Appendix A
Alarm Window Legend

SEL 2533 Alarm Window Legend Main Tank Alarms LTC Alarms

A MAIN TANK MAIN TANK A LTC LTC

OIL TEMP OIL LEVEL OIL TEMP PRESSURE SWITCH

B MAIN TANK MAIN TANK B LTC LTC

WINDING TEMP P/V SWITCH PRESSURE RELIEF SUDDEN PRESSURE RELAY

C MAIN TANK MAIN TANK C LTC LTC

PRESSURE RELIEF SUDDEN PRESSURE
RELAY

LOWER LEVEL SW UPPER LEVEL SW

D MAIN TANK LOAC

FANS MAIN TANK LODC SPR
D

LTC LODC SPR

E MAIN TANK LOW NIT

CYL PRESS

MAIN TANK GAS

MONITOR
E

5. Major Deliverables
Contractor shall provide the City with following deliverables at a minimum:
• Approval Drawings:
• Three (3) sets of approval drawings in PDF and AutoCAD format. • Final Drawings: After approval, one (1) complete set of drawings in PDF and AutoCAD format.
• Equipment Data: Performance specification form as suggested by ANSI Standard C57.12.00.
• Tests: Certified tests performed at the factory; tests performed by the field engineer.
• O&M Manuals: Four (4) copies of each device instruction book and installation manuals which shall include parts breakdown with ordering information on obtaining spare or replacement components as well as longterm storage and handling information. • Warranty: The transformer including all accessories shall be warranted to the City of Stockton for a period of five (5) years from the date of energization.

During the first year, the five (5) year warranty shall cover the transformer removal, transporting, and reinstallation if repairs are required.

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6. Criteria of Acceptance for Deliverables
Delivery, off-loading, field testing/inspection of 60 - 12.47 kV Two-Winding Primary Substation Transformer.

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

Contractor: Virginia Transformer Corp. City: City of Stockton Attn: Chris Dearmon Attn: City Manager
220 Glade View Drive 425 N. El Dorado Street
NE, Roanoke, 24012 Stockton, CA 95202

8. Key Personnel
Chris Dearmon
(540) 345-9892
[email protected]
EXHIBIT 1
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EXHIBIT B

INSURANCE REQUIREMENTS
(Redundant Two-Winding Primary Substation Transformer)
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

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

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 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.

5. Professional Liability (if Design/Build), with limits no less than $1,000,000 per occurrence or claim, and $1,000,000 policy aggregate.

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
EXHIBIT 1
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Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

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 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 EXHIBIT 1
105
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:

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

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

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

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

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.

EXHIBIT 1
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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 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.

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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 issue such bonds in the State of California and secured through an authorized agent with an office in California.

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

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 1
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EXHIBIT C

GENERAL TERMS AND CONDITIONS

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

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

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

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

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

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

5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved EXHIBIT 1
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subcontractors agree to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

6. Timeliness. Delivery timeline shall be in accordance with the contractor proposal.

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

Any extended delays requested by the customer/Purchaser which result in the loss of the scheduled production slot will be subject to a re-scheduling fee of 30% of the specific order value.

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

9. Contractor’s Status

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

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9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement.

Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement.

Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

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

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

10. Subcontractor.

10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement.

Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

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

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

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11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.

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

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

11.4 Seller, in addition to all other rights and remedies under this order or at law, shall have the right to cancel and terminate Buyer’s order for breach by Buyer including, but not limited to, if Buyer fails to make payment as due or if Buyer is adjudicated bankrupt, files a petition in bankruptcy, makes an assignment for the benefit of creditors or if action under any law for the relief of debtors is taken.

In the event of cancellation and termination of this order for breach of the provisions hereof by Buyer, Seller shall have no further liability to Buyer and Seller shall not be liable for any costs of cancellation, special, incidental or consequential damages (including punitive or exemplary damages) for any cause or of any nature whatsoever and such cancellation and termination. All cancellations or terminations by Seller for Buyer’s breach shall be subject to the following cancellation or termination charges:
• 30 % of order amount after order entry by Seller.
• Additional 15 % of order amount after outline drawing completion / submission.
• If manufacturing has begun, charges will be based upon commitments for materials and percent completion in addition to the 45% for engineering and order entry.

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In the event Buyer cancels its order, Buyer shall be responsible to Seller for cancellation charges in the amounts set forth in the Cancellation & Termination paragraph above, which Buyer shall pay Seller upon such cancelation.

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

13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees, [agents], and volunteers from and against liability, damage, 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 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. Seller's liability under this Clause shall be only to the proportionate extent of Seller's fault, negligence, or responsibility and not for any portion of any claim under this Clause that is the fault, negligence or responsibility of other parties including the Indemnified Parties.

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

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

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

17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be EXHIBIT 1
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maintained in full force and effect during the term of this Agreement.

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

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

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

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

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

23. No Personal Liability. Neither party shall be liable to the other for any incidental, indirect, special, punitive, or consequential damages regardless of whether liability would arise under contract or tort (including negligence and strict liability), warranty, indemnity, or otherwise. Neither party’s liability on any claim for loss or damage arising out of this contract or from the performance or breach thereof shall exceed the price of the item giving rise to the claims for loss or damage in the event more than one item is included in this contract/order with distinct pricing being allocated to each item in arriving at the total contract/order price.

24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction EXHIBIT 1
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or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

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

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

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

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which EXHIBIT 1
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may be legally entitled.

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

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

31. Entire Agreement, Integration, and Modification.

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

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

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

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

34. Storage. In the event goods are placed in storage at the request of the Purchaser, it is agreed that title will pass to the Purchaser upon placement into storage. Irrespective of anything herein to the contrary, Purchaser will be invoiced for the balance of the purchase price of the goods when they are placed in storage and payment will be due net 30 days. Risk of loss shall pass to Purchaser who shall be responsible for insuring the goods and Seller shall have no liability for loss or damage when the goods remain in its possession in storage. Purchaser further agrees that for any goods placed in storage, Seller will be provided a minimum of three weeks advance notice before requested delivery out of storage and delivery will then be made subject to availability of carrier and transportation services.

Storage and cranage fees will be applied and be payable prior to shipment.

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EXHIBIT D

GOODS AND SERVICES TERMS AND CONDITIONS

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

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

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

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

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

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

3. Time for Performance.

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

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

4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

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

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

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

5. Compensation

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

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

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

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

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

9. Warranty
(A) For the period set forth below in this paragraph, Seller warrants that each newly manufactured item sold hereunder, and such portion of a repaired/refurbished item as has been repaired or replaced by Seller under this warranty, shall be free from defects in material, workmanship, or title at the time of shipment and shall perform during the warranty period in accordance with the specifications incorporated herein. Should any EXHIBIT 1
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failure to conform to these warranties (excluding any defects in title) be discovered and brought to Seller's attention during the warranty period and be substantiated by examination at Seller's factory or by authorized field personnel, then (i) Seller shall correct such failure, at Seller's exclusive option, repair or replacement of the nonconforming item or portion thereof with Buyer promptly making product available to be worked by Seller’s personnel or agents without interference with no additional cost to the Seller; or (ii) Buyer making available product F.O.B. Seller’s plant with Seller’s written return authorization, at Seller’s exclusive option, for repair or replacement of the nonconforming item or portion thereof. Buyer agrees that this remedy shall be its sole and exclusive remedy against Seller and that no other remedy shall be available or pursued by Buyer against Seller. In no event shall the Seller be liable for any costs or expenses in excess of those described in this paragraph and expressly excluding any liability or damages for special, incidental, or consequential damages.

The warranty period for newly manufactured items shall extend 60 months from the date of first energization or 60 months from the date of shipment whichever occurs first or unless a different warranty period is agreed to by Seller. The warranty period for repaired/refurbished articles shall extend for the unexpired warranty period of the item repaired or replaced or for 90 days, whichever is longer. This warranty shall be voided and not extend to any item that upon examination by Seller is found to have been subject to:
a) mishandling, misuse, negligence, or accident.
b) storage, installation, operation, testing, or maintenance that either was not in accordance with Seller's specifications, instructions, manuals, or otherwise improper, or contrary to industry standards.
c) tampering as evidenced for example by broken seals, damaged packaging containers, etc.
d) testing of equipment above normally accepted field tests. e) repair or alteration by anyone other than Seller without Seller's express advance written approval.
f) payment(s) not received per terms of sale.

Failure to promptly notify Seller in writing upon discovery of any non-conforming items during the warranty period shall void the warranty as to such items. Buyer shall describe any such non-conformity in detail, expressing its position as to return of any article under the remedy provided herein. No returns shall be accepted without prior approval by Seller.

No back charges shall be accepted without the prior written consent of Seller’s authorized representative. Where a failure cannot be corrected by Seller’s reasonable efforts, the parties shall mutually agree upon an equitable adjustment in price. The preceding sets forth the exclusive remedies for claims (except as to title) based on defect whether in EXHIBIT 1
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contract or tort (including negligence or strict liability) and however instituted. THIS

WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES, EITHER

EXPRESSED OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE, AND SELLER DISCLAIMS IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(B) SELLER'S INSTALLATION WARRANTY: Seller warrants that all work hereunder shall be performed in accordance with the standards employed by Seller in performing the same or similar services for itself. Seller disclaims any and all other representations or warranties expressed or implied including without limitation any representation or warranty that a) any unauthorized entry, burglary, theft, embezzlement, or any other crimes will be prevented by the equipment and/or installation thereof or that b) any particular purpose or standard of care intended or desired or any particular results to be achieved by Buyer through the installation and operation of the items to be delivered hereunder. Seller’s installation services and installation warranty does not include or imply any assistance for system field troubleshooting and no back charges for such services shall be accepted without the prior written consent of Seller’s authorized representative. (C) EXTENDED WARRANTY PERIOD OPTION FOR CORE AND COIL: When purchased, the warranty period may be extended by the period specified in such purchase covering core and coils only against failure occurring with respect to normal operation and within the parameters for which the transformer was designed. For extended Warranty period, to ensure validity of Extended Warranty period coverage, Virginia Transformer requires Dissolved Gas Analysis (DGA) reports of the supplied unit to be provided every year for the period of extended warranty period coverage. The annual DGAs should be emailed to: [email protected]. Failure to conduct annual DGAs and provide the reports to Seller may void the purchased extended warranty.

Except for the extended time period all other provisions, terms, conditions, and limitations set forth above shall apply to the extended warranty period. In case of any disturbance in the system that causes the transformer to trip off-line, following information shall be forwarded to Virginia Transformer Corp within 48 hours: Event summary with relevant data, Protection system data, Overvoltage conditions (If any), Fault data (if any) and offset timing with peak current value, Loading, Environmental and atmospheric conditions.

Failure to timely provide this information may void the warranty. (D) EXTENDED BUMPER TO BUMPER WARRANTY PERIOD OPTION: When purchased, the warranty for the extended period specified will cover the entire Transformer including core and coils and all associated transformer accessories against failure occurring with respect to normal operation and within the parameters for which the transformer was designed. Bumper to Bumper Warranty does not cover normal wear and tear including paint and gaskets beyond five years. For extended Warranty period, to ensure validity of Extended Warranty period coverage, Virginia Transformer requires Dissolved Gas Analysis (DGA) reports of the supplied unit to be provided every year for EXHIBIT 1
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the period of extended warranty coverage, and the additional data as stated in Section 15(A) The annual DGA’s should be emailed to: [email protected]. Failure to conduct annual DGAs and provide the reports to Seller may void the purchased extended warranty. Except for the extended time period all other provisions, terms, conditions, and limitations set forth above shall apply to the extended warranty period.

IN/OUT COVERAGE OPTION: When purchased, Seller will cover only the expenses to transport the transformer to a repair facility and back to site for warranty failures occurring within the period defined. Buyer will make transformer ready for shipment in the condition it was originally received per the Outline Drawing with clear and free access by Carrier. Craning, civil work, disconnection, and reconnection of the transformer, etc. is the responsibility of the Buyer.

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

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

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.

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

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

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

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

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

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

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

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

14. Deliveries
EXHIBIT 1
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TIME IS OF MATERIAL IMPORTANCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contractor liable for liquidated damages incurred due to the untimely delivery including, the additional costs resultant from City procuring substitute Deliverables elsewhere.

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

16.Liquidated Damages
Liquidated damages in the amount of one thousand dollars ($1,000) per day will be assessed per each working day over the contract time allotted for this project.

Liquidated Damages shall be limited to a CAP of 5% of the contract value of the offending unit.

17.Surcharge
In the event any components such as, electricity, freight, labor, core steel, mineral oil etc. are subject to abnormal price increases, and VTC/GTC is not able to otherwise mitigate these increases, during the period between the proposal date and the shipment date, VTC/GTC may pass along those specific incremental cost increases

18.Grant of License by VTC
Upon receipt of full payment for the Transformer and conditioned upon Customer not defaulting on its obligations under this Agreement, VTC hereby grants to Customer a perpetual, royalty-free license to use the Intellectual Property Rights of VTC which are incorporated in the Transformer. Such license is limited solely to the use of the Transformer by Customer for the purposes and at the location described in your Proposal.

Customer may only transfer this license to a third party upon first providing VTC with a written acknowledgment by such transferee of VTC’s ownership of its Intellectual Property Rights contained in the Transformer.

19.Purchase Orders
If any purchase order submitted by the owner/purchaser contains or invokes terms or conditions other than this Contract or the Terms and Conditions agreed to between VTC and the purchaser, then Seller/VTC may, without penalty reject said terms and conditions on the purchase order by striking them out.

EXHIBIT 1
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EXHIBIT E

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

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $1,110,000 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any, with the exception of any additional freight charges. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

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

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

Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.

Reimbursement shall be made at actual costs with no markup added to the actual cost.

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

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

EXHIBIT 1
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1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.

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

1.6 Payment shall be made to the Contractor as follows:
30% shall be due at Purchase Order
30% shall be due at Drawing Submission
40% shall be due at Shipment or placement into Storage.

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

Task Description Task Price
1 10,000 / 11,200 / 13,333 / 14,933 / 16,667 /
18,667 kVA | 60 - 12.47 kV
$1,065,000
2 Estimated Freight to Stockton, CA $45,000
TOTAL PRICE $1,110,000

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

Hourly Billable Rate Schedule
Title Role on Project
Hourly
Billable
Rates

N/A N/A N/A

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

Title Unit Price
EXHIBIT 1
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N/A N/A

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

City of Stockton, Department of Municipal Utilities
Attention: Kelly Ju
[email protected]
2500 Navy Drive
Stockton, CA 95206
EXHIBIT 1
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EXHIBIT F

TIMELINE

1. Contractor shall complete the requested services identified in Exhibit A as follows:

1.1 TIMELINE FOR COMPLETION OF WORK
Unit Shipment By: 62-64 Weeks from Order Acknowledgement date.

EXHIBIT 1
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City of Stockton
Legislation Text
File #: 24-1041, Version: 1

AWARD A PROFESSIONAL SERVICES CONTRACT TO UNIFIED FIELD SERVICES

CORPORATION FOR WATER STORAGE TANK REPAIR AND COATING AT THE NORTHWEST

RESERVOIR SITE

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

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

2. Award a Professional Services Agreement to Unified Field Services Corporation of Bakersfield, CA, in the not-to-exceed amount of $1,547,668 to repair and coat three water storage tanks at the Northwest Reservoir Site, Project PUR 24-033.

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

Summary
The Municipal Utilities Department (MUD) provides water service to Stockton residents through a water production and distribution system, which consists of the Delta Water Treatment Plant, groundwater wells, water storage reservoirs and miles of service pipelines.

The Northwest Reservoir Site is located to the west of Interstate 5 near Trinity Parkway.

The three water storage tanks in the Northwest Reservoir Site are an essential part of the City water distribution system to help provide adequate water supply and appropriate pressure to meet fire flows and peak customer demand. The water storage tanks require periodic maintenance, including repair and interior/exterior paint coating to prevent rust and corrosion.

If approved by the City Council, this action will award a Professional Services Agreement to Unified Field Services Corporation of Bakersfield, CA, in the not-to-exceed amount of $1,547,668 to repair and coat the water storage tanks at the Northwest Reservoir Site, Project PUR 24-033.

DISCUSSION
Background
In April 2021, an inspection by Coating Specialist and Inspection Services, Inc. recommended the complete replacement of the exterior coating of all three (3) water storage tanks at the MUD Northwest Reservoir Site.

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File #: 24-1041, Version: 1
On April 11, 2024, the City advertised a Request for Proposal (RFP) for the tank coating and repair of the Northwest water storage tanks. One proposal was received and evaluated.

Work includes exterior coating of all three (3) water storage tanks and structural upgrades to comply with updated United States Department of Labor Occupational Safety and Health Administration (OSHA) standards. Drinking water supply will not be impacted during any part of the project.

Staff recommends that the City Council adopt a resolution awarding a Professional Services Agreement to Unified Field Services Corporation of Bakersfield, CA, in the not-to-exceed amount of $1,547,668 for water storage tank coating and repair at the Northwest Reservoir Site.

Present Situation
On April 11, 2024, the City advertised a Request for Proposal (RFP) for the water storage tank coating and repair at the Northwest Reservoir Site. On May 30, 2024, one bid was received.

A Selection Committee comprised of MUD staff evaluated and ranked the proposal based on the firm’s understanding of the work, experience with similar work, qualifications of proposed team, project approach, and cost. Unified Field Services Corporation met or exceeded the requirements and was found to be qualified based on the RFP criteria. Unified Field Services Corporation is familiar with drinking water processes, procedures and regulations and has extensive experience rehabilitating potable water storage tanks.

Staff recommends that the City Council adopt a resolution to award a Professional Services Agreement to Unified Field Services Corporation in the not-to-exceed amount of $1,547,668 for the tank coating and repair of the Northwest water storage reservoirs (Exhibit 1 to the resolution).

Findings
Pursuant to Stockton Municipal Code section 3.68.070, the City Council may approve findings which support and justify an exception to the competitive bidding process. The following findings support such an exception:

1. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor.

2. Use of these criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.

3. It is imperative that structural repairs on the water storage reservoirs meet American Water Works Association (AWWA) Section D.100 standards.

4. Coatings and paints used for storage tank linings must meet NSF 61 requirements in accordance with AWWA Section D. 102-11 standards.

5. It is in the public interest to have qualified vendors who possess the required “A” General Engineering License, an ISO 9001 certification, and C-33 License.

The recommended resolution will award a Professional Services Contract to Unified Field Services Corporation in the not-to-exceed amount of $1,547,668 for the tank coating and repair of the City of Stockton Page 2 of 3 Printed on 11/7/2024
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File #: 24-1041, Version: 1
Northwest water storage reservoirs.

LOCAL EMPLOYMENT ORDINANCE
On September 1, 2009, the City Council adopted a Local Employment Ordinance establishing that 50 percent of the workforce on public works projects of at least $100,000 be residents of the City of Stockton. The contract amount for this project is more than $100,000 and, therefore, subject to the Local Employment Ordinance.

COMMUNITY WORKFORCE AND TRAINING AGREEMENT
On July 26, 2016, the City Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective on August 25, 2016, and applies to all Public Works projects over $1,000,000 that are bid after the effective date. This project is subject to the requirements of the CWTA.

FINANCIAL SUMMARY
There is sufficient budget in the Well Production capital asset account in Fiscal Year 2024-2025 to procure tank coating services from Unified Field Services Corporation for $1,547,668.

There is no impact to the General Fund, or any other unrestricted funds, from this action.

City of Stockton Page 3 of 3 Printed on 11/7/2024
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Resolution No.

STOCKTON CITY COUNCIL

AWARD A PROFESSIONAL SERVICES CONTRACT TO UNIFIED FIELD SERVICES

CORPORATION FOR WATER STORAGE TANK COATING AND REPAIR AT THE

NORTHWEST RESERVOIR SITE
The Municipal Utilities Department (MUD) provides drinking water service to Stockton residents through an extensive water production and distribution system; and Water storage tanks are an important part the of the City’s water distribution system; and
Water storage tanks located throughout the City store water to meet fire flows and peak customer demand. Maintenance and rehabilitation ensure adequate drinking water supply and pressure for City customers; and
Work includes exterior coating of all three water storage tanks and structural upgrades needed to comply with updated United States Department of Labor Occupational Safety and Health Administration (OSHA) standards; and The rehabilitation and repairs of the water storage tanks require the contractor to meet American Water Works Association (AWWA) guidelines and NSF 61 standards; and The Municipal Utilities Department staff recommends an award of a professional service agreement to Unified Field Services Corporation in the not-to-exceed amount of $1,547,668; now, therefore,

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

1. The City Council approves the following findings pursuant to Stockton Municipal Code section 3.68.070 which support and justify an exception to the competitive bidding process:
a. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. b. Use of these criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest. c. It is imperative that structural repairs on the water storage tanks meet AWWA Section D.100 standards.
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d. Coatings/paints used for water storage tanks must meet NSF 61 requirements in accordance with AWWA Section D. 102-11. e. It is in the public interest to have a qualified vendor who possess the required “A” General Engineering License, an ISO 9001 certification and C-33 License.

2. The Professional Services Agreement for water storage tank coating and repair at the Northwest Reservoir Site, in the not-to-exceed amount of $1,547,668, between the City of Stockton and Unified Field Services Corporation is hereby awarded, and the City Manager is authorized and directed to execute the same, a copy of which is attached as Exhibit 1 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED 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
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City of Stockton
Legislation Text
File #: 24-1020, Version: 1
ADOPT A RESOLUTION TO AWARD A CONTRACT TO WEST YOST & ASSOCIATES, INC. TO

COMPLETE A RISK RESILIENCE ASSESSMENT AND EMERGENCY RESPONSE PLAN FOR

THE WATER UTILITY

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

1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 which support and justify an exception to the competitive bidding process.

2. Award a three (3) year contract to West Yost & Associates, Inc. (West Yost), in the amount of $169,153, to complete a Risk and Resilience Assessment and Emergency Response Plan to satisfy American Water Infrastructure Act 2018 requirements. (Exhibit 1 to the Resolution).

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

Summary
The American Water Infrastructure Act of 2018 established a requirement for community water systems that serve more than 3,300 people to complete a Risk and Resilience Assessment and Emergency Response Plan for the U.S. Environmental Protection Agency. The City of Stockton Municipal Utilities Department (MUD) is responsible for the potable water supply of nearly 200,000 customers and is required to complete this planning activity. The law specifies the components that the Risk and Resilience Assessment (RRA) and Emergency Response Plan (ERP) must address, such as responses to natural hazards or malevolent acts, facility and infrastructure resilience, and chemical storage. The law also establishes deadlines for communities to certify the completion of these plans to the U.S. Environmental Protection Agency.

If approved, this action will award a three (3) year contract to West Yost, in an amount not-to-exceed $169,153, to complete a Risk and Resilience Assessment and Emergency Response Plan to satisfy American Water Infrastructure Act 2018 requirements.

DISCUSSION
Background
On October 23, 2018, the American Water Infrastructure Act (AWIA) was signed into law to improve rivers and harbors, water conservation, and water pollution control in the United States. Section 2013 of the AWIA requires community drinking water systems serving more than 3,300 people to develop City of Stockton Page 1 of 2 Printed on 11/7/2024
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File #: 24-1020, Version: 1
or update risk assessments and emergency response plans. The law specifies the components that the Risk and Resilience Assessment (RRA) and Emergency Response Plan (ERP) must address, such as responses to natural hazards or malevolent acts, facility and infrastructure resilience, and chemical storage. The law also establishes deadlines for communities to certify the completion of these plans to the U.S. Environmental Protection Agency (Attachment A).

On April 11, 2024, the City advertised a Request for Proposals for Risk and Resilience Assessment and Emergency Response Plan Services, Project No. PUR 24-034. By May 30, 2024, two firms submitted proposals, IMEG Consultants Corp. and West Yost. Proposals were evaluated based on each firm’s experience, quality of work, staff qualifications, cost, and ability to meet the requirements of the AWIA. West Yost received the highest ranking based on the noted criteria and was determined to be the most qualified firm for this project.

Staff recommend the City Council award a three (3) year contract to West Yost for a total contract price not-to-exceed $169,153. (Exhibit 1 to the Resolution).

Findings
Pursuant to Stockton Municipal Code section 3.68.070, the City Council may approve findings which support and justify an exception to the competitive bidding process. The following findings support and justify an exception:

1. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor.

2. Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.

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

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

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

Attachment A - US EPA RRA and ERP Fact Sheet
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RISK AND RESILIENCE ASSESSMENTS
AND EMERGENCY RESPONSE PLANS:

NEW REQUIREMENTS FOR

DRINKING WATER UTILITIES
Section 2013 of America’s Water Infrastructure Act of 2018 (AWIA) requires community water systems1 that serve
more than 3,300 people to complete a risk and resilience assessment and develop an emergency response plan.

RISK AND RESILIENCE

ASSESSMENT
Your utility must conduct a risk and
resilience assessment and submit
certification of its completion to the
U.S. EPA by the following dates:

Important
Dates
March 31, 2020 if serving ≥100,000 people.

December 31, 2020 if serving 50,000
to 99,999 people.

June 30, 2021 if serving 3,301 to
49,999 people.

Recertification
Every five years, your utility must review
the risk and resilience assessment and submit a
recertification to the U.S. EPA that the assessment
has been reviewed and, if necessary, revised.

Visit the U.S. EPA website to find more
information on guidance for developing a risk
and resilience assessment at https://www.epa
.gov/waterriskassessment/conduct-drinkingwater-or-wastewater-utility-risk-assessment.

EMERGENCY RESPONSE PLAN
Your utility must develop or update an emergency
response plan and certify completion to the U.S. EPA no later than six months after risk and resilience assessment certification. Each utility deadline is unique; however, the dates below are the due dates for utilities who submit a risk and resilience assessment certification by the final due date according to the population served.

September 30, 2020 if serving ≥100,000 people.

June 30, 2021 if serving 50,000 to 99,999
people.

December 30, 2021 if serving 3,301 to
49,999 people.

Within six months of submitting the recertification
for the risk and resilience assessment, your utility
must certify it has reviewed and, if necessary,
revised, its emergency response plan.

Visit the U.S. EPA website for guidance on
developing an Emergency Response Plan at
https://www.epa.gov/waterutilityresponse/deve
lop-or-update-drinking-water-or-wastewaterutility-emergency-response-plan.

TOOLS OR METHODS
AWIA does not require the use of any standards, methods or tools for the risk and resilience assessment or emergency response plan. Your utility is responsible for ensuring that the risk and resilience assessment and emergency response plan address all the criteria in AWIA Section 2013(a) and (b), respectively. The U.S. EPA recommends the use of standards, including AWWA J100-10 Risk and Resilience Management of Water and Wastewater Systems, along with tools from the U.S. EPA and other organizations, to facilitate sound risk and resilience assessments and emergency response plans. 1 Section 2013 of AWIA applies to community water systems. Community water systems are drinking water utilities that consistently serve at least 25 people or 15 service connections year-round.

Still have questions about the new AWIA requirements?
Contact the U.S. Environmental Protection Agency (U.S. EPA) at [email protected].

Office of Water (4608T)
EPA-817-F-19-004
May 2019

ATTACHMENT A
209

FREQUENTLY ASKED QUESTIONS
I need more information about risk and resilience
assessments and emergency response plans:

Risk and resilience assessments evaluate the vulnerabilities, threats and consequences from potential hazards.

What does a risk and resilience assessment include?
 Natural hazards and malevolent acts (i.e., all hazards).  Resilience of water facility infrastructure (including pipes, physical barriers, water sources and collection, treatment, storage and distribution, and electronic,
computer and other automated systems).
 Monitoring practices.
 Financial systems (e.g., billing systems).
 Chemical storage and handling.
 Operation and maintenance.

For more information, see www.congress.gov/bill/115th-congress/senate-bill.

What does an emergency response plan include?
 Strategies and resources to improve resilience,
including physical security and cybersecurity.
 Plans and procedures for responding to a natural hazard or malevolent act that threatens safe drinking water.
 Actions and equipment to lessen the impact of a
malevolent act or natural hazard, including alternative water sources, relocating intakes and flood protection
barriers.
 Strategies to detect malevolent acts or natural hazards that threaten the system.

Who should I work with when creating my emergency response plan?  Utilities must coordinate the risk and resilience assessments, as well as the emergency response plans with local emergency planning committees.

I need more information on the certification process:

What do I need to submit to the U.S. EPA?
 Each utility must submit a certification of your risk and resilience assessment and emergency response plan.

Each submission must include: utility name, date and a
statement that the utility has completed, reviewed or
revised the assessment. The U.S. EPA has developed an
optional certification template that can be used for email or mail certification. The optional certification form will be available in August 2019.

Who can certify my risk and resilience assessment
and emergency response plan?
 Risk and resilience assessments and emergency
response plans can be self-certified by the utility.

How do I submit my certification?
 Three options will be provided for submittal: regular mail, email and a user-friendly secure online portal. The online submission portal will provide drinking water
systems with a receipt of submittal. The U.S. EPA
recommends using this method. The certification system
will be available in August 2019.

When can I submit the initial certification?
 Utilities should wait to submit the initial certification to the U.S. EPA until the U.S. EPA publishes Baseline Information on Malevolent Acts Relevant to Community Water Systems, which is required under AWIA by August 2019.

Do I need to submit my certification to my state
or local government?
 No. Section 2013 of AWIA does not require utilities to submit the certification to state or local governments.

How long do I need to keep a copy of my risk and
resilience assessment and emergency response plan?
 Utilities need to keep a copy of both documents for five years after certification.

What if I do not have a copy of my most recent
risk and resilience assessment?
 The U.S. EPA intends to destroy vulnerability assessments (VAs) submitted in response to the Bioterrorism Act of 2002, but if utilities would like to have their VA and certification documents mailed to them, contact [email protected], and on utility letterhead, include the utility name, PWSID, address and point of contact as an attachment to the email.

RESOURCES & TOOLS
Conducting a Risk and Resilience Assessment
 The U.S. EPA’s Risk and Resilience Baseline
Threat Document (available August 2019).
 The U.S. EPA’s Vulnerability Self-Assessment.

Developing an Emergency Response Plan
 Emergency Response Plan Guidance.
 The U.S. EPA’s Emergency Response Webpage.
 Local Emergency Planning Committees.

The U.S. EPA Website
 https://www.epa.gov/waterresilience/americas-water-infrastructure-act-2018-risk-assessments-andemergency-response-plans.

Still have questions about the new AWIA requirements?
Contact the U.S. Environmental Protection Agency (U.S. EPA) at [email protected].

Office of Water (4608T)
EPA-817-F-19-004
May 2019

ATTACHMENT A
210
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AWARDING A THREE-YEAR CONTRACT TO WEST YOST & ASSOCIATES INC. IN THE AMOUNT OF $169,153 TO COMPLETE A RISK AND

RESILIENCE ASSESSMENT AND EMERGENCY RESPONSE PLAN FOR THE

WATER UTILITY
The American Water Infrastructure Act of 2018 (AWIA) established a requirement for all community water systems that serve more than 3,300 people to complete a Risk and Resilience Assessment (RRA) and Emergency Response Plan (ERP) for the U.S.

Environmental Protection Agency (USEPA) every five years; and To comply with the AWIA, the Municipal Utilities Department (MUD) advertised a Request for Proposals (RFP) to complete the RRA and ERP in accordance with AWIA requirements; and
A selection committee evaluated and ranked all proposals based on each firm’s experience, quality of work, staff qualifications, cost, and ability to meet MUD RRA and ERP needs; and
West Yost & Associates Inc. received the highest ranking, based on the noted criteria, and determined to be the most qualified firm for this project; and Staff recommends the City Council award a three (3) year contract, to complete the RRA and ERP, to West Yost & Associates Inc., for a total contract amount not-toexceed $169,153; now, therefore,

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

1. The City Council approves the following findings pursuant to Stockton Municipal Code section 3.68.070 which support and justify an exception to the competitive bidding process.
a. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. b. Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest. c. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
211

2. A three (3) year contract with West Yost & Associates Inc. to complete the RRA and ERP, for a total not-to-exceed amount of $169,153, is hereby awarded, and the City Manager is authorized and directed to execute the same, a copy of which is attached as Exhibit 1 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED 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
212
1 (ZĞǀ͘ϭϬ.Ϯϳ.ϮϮ)

CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”) to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________

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

Commences on: Terminates on:
_____________________________________________________________________________

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

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address

CITY OF STOCKTON
_________________________________________________________BB________________ +DUU\%ODFN City Manager Date
ATTEST:
____________________________________________________________________________ .DWKHULQH5RODQG&0&, &30&,QWHULP&LW\&OHUN
APPROVED AS TO FORM:
/RUL0$VXQFLRQ, City Attorney
BY:

Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms Conditions
(d) Exhibit D –

H
Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
_____________________ September 4, 2024
EXHIBIT
Elizabeth T. Drayer, Vice President
2020 Research Park Drive. Suite 100, Davis, CA 95618
West Yost & Associates, Inc. Risk Resilience Assessment and Emergency Response Plan 09/30/2027
169,153
Professional Services Special Terms & Conditions
West Yost & Associates, Inc.
213
1 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives
To complete and recertify the completion of the City of Stockton’s Municipal Utilities Department’s (MUD) Risk and Resilience Assessment (RRA) and Emergency Response Plan (ERP) by the certification deadlines per the America’s Water Infrastructure Act (AWIA) requirements.

2. Project Scope
The City of Stockton is a Charter City incorporated in 1850. The City is the county seat of San Joaquin County and is located in California's San Joaquin Valley, 78 miles east of the San Francisco Bay Area, 337 miles of north of Los Angeles and 40 miles south of Sacramento. The County is bounded by Sacramento County to the north and by Stanislaus County to the south. Approximately 307,000 residents live in Stockton.

On October 23, 2018, America's Water Infrastructure Act (AWIA) was signed into law. AWIA Section 2013 requires community (drinking) water systems serving more than 3,300 people to develop or update risk assessments and emergency response plans (ERPs). The law specifies the components that the risk assessments and ERPs must address, and establishes deadlines by which water systems must certify to EPA completion of the risk assessment and ERP.

The City of Stockton Municipal Utilities Department (MUD) seeks to complete a Risk and Resilience Assessment (RRA) and Emergency Response Plan (ERP) in accordance with the American Water Infrastructure Act 2018 (AWIA) requirement for the Water Utility.

2.1. Risk and Resilience Assessment
Review existing City documentation for pertinent information. This documentation includes, but is not limited to:
a) 2020 Risk and Resilience Assessment (RRA)
b) 2021 Emergency Response Plan (ERP)
c) Additional emergency preparedness documentation
d) 2021 Water Master Plan
e) 2020 Seismic Vulnerability Assessment
EXHIBIT
214
2 (Rev. 10.30.18)
f) 2020 Urban Water Management Plan
g) 2017 Hazard Mitigation Plan
h) 2020 Cybersecurity Assessment

2.2. Update the City’s Water System
Update the City’s Water system RRA and assist the City with obtaining EPA recertification for this assessment, in compliance with the 2018 America’s Water Infrastructure Act (AWIA) by March 27,2025. This assessment shall include but not be limited to:
a) the risk to the system from malevolent acts and natural hazards; b) the resilience of the pipes and constructed conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including the security of such systems) which are utilized by the system;
c) the monitoring practices of the system;
d) the financial infrastructure of the system;
e) the use, storage, or handling of various chemicals by the system f) the operation and maintenance of the system.

2.3. Emergency Response Plan
Completion and certification of the ERP by September 27, 2025 or no later than six months after certifying completion of the RRA for MUD's drinking water system. ERP to meet the requirements of the AWIA:
a) The risk strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the system;
b) plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a malevolent act or natural hazard that threatens the ability of the community water system to deliver safe drinking water;
c) actions, procedures and equipment which can obviate or significantly lessen the impact of a malevolent act or natural hazard on the public health and the safety and supply of drinking water provided to communities and individuals, including the development of alternative source water options, relocation of water intakes and construction of flood protection barriers; and d) strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the system.

EXHIBIT
215
3 (Rev. 10.30.18)

2.4. Project Kickoff Meeting
Prepare for and conduct a project kickoff meeting with the MUD staff to:

A. Confirm project objectives and team roles and responsibilities.

B. Discuss relevant MUD documents and relevant undocumented practices.

C. Identify key MUD staff that will participate in assessment workshops/meetings/interviews.

D. Discuss project schedule for all activities to be completed to ensure the RRA and ERP will be completed by the required deadlines.

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

Contractor:

West Yost Associates
Research Park Drive
Suite 100
Davis, CA 95618
City:

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

4. Key Personnel
Clara Isho
Program Manager I
Water Division
Municipal Utilities Department

5. Option to Renew.

There is no option to renew.

EXHIBIT
216
REV 2022-05-17
Exhibit B:

Insurance Requirements for Professional Services
()
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

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

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

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

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

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

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

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

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

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

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

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

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any EXHIBIT
218
REV 2022-05-17
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

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

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

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

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

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

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

EXHIBIT
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REV 2022-05-17
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

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

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

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

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT
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(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

EXHIBIT C

GENERAL TERMS AND CONDITIONS

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

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

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

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

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

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

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

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

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

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

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

9. Contractor’s Status.

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

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

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

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

10. Subcontractor.

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

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

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

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 3 EXHIBIT
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(Rev. 10.30.18; Mod 0ϱ͘Ϭϴ͘ϮϯZD)

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

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
 Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.  Indemnity and Hold Harmless. 7R WKH IXOOHVW H[WHQW SHUPLWWHG E\ ODZ &RQWUDFWRU VKDOO KROG KDUPOHVV GHIHQG DQG LQGHPQLI\ &LW\ RI 6WRFNWRQ DQG LWV RIILFHUV RIILFLDOV HPSOR\HHV DQG YROXQWHHUV IURP DQG DJDLQVW DQ\ DQG DOO OLDELOLW\ ORVV GDPDJH H[SHQVH FRVWV
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 Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
 Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.  Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 EXHIBIT
224
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZDͿ

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

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

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

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

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

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

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

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

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

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

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

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

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

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

31. Entire Agreement, Integration, and Modification.

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

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

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

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
7 EXHIBIT
227
1 (Rev. 07.12.22)

EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

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

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

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

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

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

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

3. Time for Performance.

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

3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other EXHIBIT
228
2 (Rev. 07.12.22)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

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

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

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

5. Compensation

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

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed EXHIBIT
229
3 (Rev. 07.12.22)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Personnel

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

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

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

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

8. Findings Confidential
EXHIBIT
230
4 (Rev. 07.12.22)
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

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

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

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

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

EXHIBIT
231
1 (Rev. 10.30.18)

EXHIBIT E

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

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $____169,153___ (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

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

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

Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.

Reimbursement shall be made at actual costs with no markup added to the actual cost.

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

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

EXHIBIT
232
2 (Rev. 10.30.18)

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

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

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

Task Description Task Price
1 SEE ATTACHMENT A $
2 $
3 $
TOTAL PRICE $

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

Hourly Billable Rate Schedule
Title Role on Project
Hourly
Billable
Rates
SEE ATTACHMENT B $
$
$
$
$
$
$

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

Title Unit Price
SEE ATTACHMENT A $
EXHIBIT
233
3 (Rev. 10.30.18)

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

PXGILQDQFH#VWRFNWRQFDJRY
EXHIBIT
234
3 City of Stockton | Risk Resilience Assessment and Emergency Response Plan Services Cost Proposal | May 30, 2024 Costs
West Yost Associates VP VP PTS I STS II PE/PS/PG I TS II/S TS IV TS I ADM IV PTS I Hours Fee OWE Sub. Other Total $355 $355 $320 $306 $302 $213 $267 $187 $160 $320 w/ markup Direct Costs PROJECT: RRA & ERP Plan Services E Drayer J Pelz A Ohrt T Mertz B Vera C Neher S Walsh ZŐƵŝůĂƌ Admin M Damewood 10% Task 1 Risk and Resilience Reassessment

1.01 Risk and Resilience Reassessment 1 2 6 2 14 14 39 9,945 $ 9,945 $ Subtotal, Task 1 (hours) 1 2 6 0 2 0 14 14 0 0 39
Subtotal, Task 1 ($) 355 $ 710 $ 1,920 $ 604 $ 3,738 $ 2,618 $ 9,945 $ 9,945 $ Task 2 Update City's Water System RRA Document

2.01 Asset and Threat Characterization 14 22 36 4 76 18,366 $   2,200 $ 1,825 $ 22,391 $

2.02 Cybersecurity Risk & Resilience Assessment 24 2 2 16 44 11,474 $ 200 $ 11,674 $

2.03 Analysis of Consequences, Vulnerability, and Likelihood 14 4 8 26 7,044 $   4,400 $ 1,825 $ 13,269 $

2.04 Risk & Resilience Assessment Summary Report 20 16 20 12 68 18,880 $ 1,100 $ 19,980 $

2.05 Risk & Resilience Management Strategy Development 12 6 28 28 18 92 21,268 $ 21,268 $ Subtotal, Task 2 (hours) 0 0 60 46 2 0 76 100 18 4 306
Subtotal, Task 2 ($) 19,200 $ 14,076 $ 604 $ 20,292 $ 18,700 $ 2,880 $ 1,280 $ 77,032 $ 6,000 $ 6,600 $ 4,950 $ 88,582 $ Task 3 Emergency Response Plan Reassessment

3.01 Emergency Response Plan Reassessment 32 14 14 60 15,264 $   5,720 $ 20,984 $ Subtotal, Task 3 (hours) 0 0 0 0 0 0 32 0 14 14 60Subtotal, Task 3 ($) 8,544 $ 2,240 $ 4,480 $ 15,264 $ 5,200 $ 5,720 $ 20,984 $ Task 4 Meetings

4.01 Meetings 20 8 28 9,660 $ 168 $ 9,828 $
Subtotal, Task 4 (hours) 0 20 8 0 0 0 0 0 0 0 28
Subtotal, Task 4 ($) 7,100 $ 2,560 $ 9,660 $ 168 $ 9,828 $ Task 5 Project Management

5.01 Project Management 4 18 22 7,810 $ 7,810 $
Subtotal, Task 5 (hours) 4 18 0 0 0 0 0 0 0 0 22Subtotal, Task 5 ($) 1,420 $ 6,390 $ 7,810 $ 7,810 $ Task 6 AsͲneeded Services

6.01 AsͲneeded Services 8 36 36 8 42 2 132 31,554 $ 450 $ 32,004 $ Subtotal, Task 6 (hours) 0 0 8 36 0 36 8 42 2 0 132
Subtotal, Task 6 ($) 2,560 $ 11,016 $ 7,668 $ 2,136 $ 7,854 $ 320 $ 31,554 $ 450 $ 32,004 $ TOTAL (hours) 5 40 82 82 4 36 130 156 34 18 587
TOTAL ($) 1,775 $ 14,200 $ 26,240 $ 25,092 $ 1,208 $ 7,668 $ 34,710 $ 29,172 $ 5,440 $ 5,760 $ 151,265 $ 11,200 $ 12,320 $ 5,568 $ 169,153 $ Labor

ATTACHMENT A
EXHIBIT
235
City of Stockton | Risk Resilience Assessment and Emergency Response Plan Services Cost Proposal | 4 May 30, 2024



   
   

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EXHIBIT
236
City of Stockton | Risk Resilience Assessment and Emergency Response Plan Services Cost Proposal | 5 May 30, 2024



   
   

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ATTACHMENT B
EXHIBIT
237
1 (Rev, 10.27.22)

EXHIBIT F

TIMELINE

1. Contractor shall complete the requested services identified in Exhibit A as follows:

1.1 TIMELINE FOR COMPLETION OF WORK
Task Due Date
Risk and Resilience
assessment
March 27,2025
Emergency Response Plan September 27, 2025 or no later than six months after recertifying the RRA for MUD's drinking water
system.

EXHIBIT 1
238
City of Stockton
Legislation Text
File #: 24-1021, Version: 1

ADOPT A RESOLUTION TO FINALIZE A CLAIM APPLICATION FOR REIMBURSEMENT FROM

THE US COAST GUARD NATIONAL POLLUTION FUNDS CENTER

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

1. Authorize the City Manager to take all actions, including applying for, signing, finalizing, and accepting a claim reimbursement up to $921,550.96 from the US Coast Guard National Pollution Funds Center.

2. Authorize the City Manager to certify the City has and will comply with all statutory and regulatory requirements related to any reimbursement of funds.

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

Summary
On September 4, 2023, the derelict, World War II-era tugboat Mazapeta sank in Little Potato Slough in the Sacramento San Joaquin Delta near the end of Eight Mile Road. The sinking caused a significant diesel fuel and engine oil spill in the waterway just upstream of the City’s Delta Water Treatment Plant Intake Pump Station (IPS). The Municipal Utilities Department (MUD) operations staff immediately shut down the IPS to prevent contamination of the water supply, intake, and water treatment plant infrastructure.

On October 18, 2023, the City Manager approved the MUD request for emergency procurement authorization for costs associated with the removal and salvage of the sunken vessel in accordance with the City Emergency Contract and Procurement Administrative Policy (17.05.150). By April 29, 2024, the final expenses and payments for the salvage and disposal of the tugboat Mazapeta were complete. Water supply to the City’s customers remained protected during the entire salvage effort.

By June 18, 2024, by Resolution 2024-06-18-1211, the City Council ratified the emergency procurement and approved findings under Stockton Municipal Code section 3.68.070, which support and justify an exception to the competitive bidding process.

If approved, this resolution will authorize the City Manager to take all actions, including signing, applying for, accepting, and finalizing the claim application and other documentation to receive up to $921,550.96 from the US Coast Guard National Pollution Fund Center (NPFC) through the Oil Spill Liability Trust Fund (OSLTF) to partially reimburse costs for the efforts needed by MUD to remove, salvage, and dispose of the sunken tugboat Mazapeta.

DISCUSSION
City of Stockton Page 1 of 3 Printed on 11/7/2024
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File #: 24-1021, Version: 1
Background
When the World War II-era tugboat, Mazapeta, sank on September 4, 2023, it was moored at the old Herman and Helen’s Marina along the Empire Tract Road levee near the end of Eight Mile Road in the Delta. The sinking caused a significant diesel fuel and engine oil spill into Little Potato Slough.

The vessel sank outside the City’s jurisdiction but less than a mile from the City’s IPS. When notified of the spill, MUD operations staff shut down the IPS to prevent contamination of the water supply, intake, and water treatment plant infrastructure. To continue providing potable water, MUD relied on other sources of water supply for the service area.

An oil spill response team was activated including members from the United States Coast Guard (USCG) and other agencies to contain the active spill site and develop a response plan. According to the Unified Command’s spill response objectives, once the petroleum was removed, the Unified Command’s involvement with the vessel was complete.

Allowing the sunken vessel to remain near the water supply intake would present a threat to the quality of the City drinking water supply. An agreement between the City of Stockton/MUD, San Joaquin County, and the San Joaquin County Sheriff’s Office granted MUD jurisdiction, under California State Harbor and Navigation Code sections 550 and 551 to take a direct transfer of the vessel from USCG, through a qualified salvage and disposal contractor, when the vessel was refloated as part of the Unified Command’s spill removal plan.

On October 18, 2023, the City Manager approved a request for emergency procurement authority to expedite the salvage and disposal of the vessel in accordance with City Emergency Contract and Procurement Policy (17.05.150).

By January 17, 2024, the USCG team completed the work to repair the leaks, refloat the tugboat, and remove the petroleum products (est. 17,000 gallons). Once the tugboat was refloated, it was turned over to the City for salvage and disposal. On January 18, 2024, MUD contractor, Lind Marine, Inc., performed a six-hour dead ship tow to bring the tug dockside at the contractor’s shipyard at Mare Island awaiting the next dry dock availability. The Mazapeta remained dockside at Mare Island until final disposal on March 27, 2024.

Present Situation
Following the removal of the Mazapeta, MUD operations staff brought the IPS back into service.

Water supply to the City’s customers remained protected during the entire salvage effort. Currently, MUD staff are working to recover the expended funds from possible responsible parties, organizations, and various State and Federal agencies. The MUD has submitted a reimbursement claim through the OSLTF that may partially reimburse costs for the efforts MUD took to remove, salvage, and dispose of the Mazapeta.

If approved by the City Council, MUD staff will communicate with the NPFC, provide all documentation needed, and complete the application to apply for up to $921,550.96 in funding from OSLTF. The funding will be used to help recover project funds expended by MUD for the removal and disposal of the Mazapeta.

City of Stockton Page 2 of 3 Printed on 11/7/2024
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File #: 24-1021, Version: 1

FINANCIAL SUMMARY
If approved by OSLTF, funds provided under the reimbursement claim will help recover expended costs from the Water Enterprise Fund - Delta Water Treatment Plant Production and Water Purchase accounts.

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

City of Stockton Page 3 of 3 Printed on 11/7/2024
powered by Legistar™241
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE CITY MANAGER TO FINALIZE A CLAIM

APPLICATION FOR REIMBURSEMENT FROM THE US COAST GUARD NATIONAL

POLLUTION FUND CENTER
The National Pollution Fund Center (NPFC) provides funding assistance to claimants involved in oil spill incidents; and
Through the Oil Pollution Act (OPA), NPFC compensates claimants for cleanup costs and damages, and takes action to recover costs from responsible parties; and The City of Stockton Municipal Utilities Department (MUD) has provided an initial claim application for reimbursement on costs for the efforts needed to remove, salvage, and dispose of the sunken tugboat Mazapeta; and
This application will potentially provide reimbursement on costs up to $921,550.96 incurred in the final disposal of the tugboat Mazapeta; and The MUD is eligible to apply for compensation under the Oil Spill Liability Trust Fund (OSLTF) claim funding under the NPFC; now, therefore,

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

1. The City Manager, or designee, is hereby authorized, on behalf of the City of Stockton, to apply for, sign, finalize, and accept a claim reimbursement up to $921,550.96.

2. The City Manager, or designee, is hereby authorized to certify that the City has and will comply with all statutory and regulatory requirements related to any reimbursement funds.
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242

3. The City Manager, or designee, is hereby authorized to take all necessary and appropriate actions 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
243
City of Stockton
Legislation Text
File #: 24-1054, Version: 1
ADOPT A RESOLUTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 3 WITH SORACCO

INC FOR ON-CALL UTILITY REPAIR SERVICES FOR CITYWIDE WASTEWATER COLLECTION

AND WATER DISTRIBUTION SYSTEMS

RECOMMENDATION
It is recommended that the City Council adopt a resolution to authorize Contract Change Order (CCO) No. 3 with Soracco, Inc. for additional Municipal Utilities Department Wastewater Collection and Water Distribution System services in the amount of $1,200,000 for a total contract amount notto-exceed $8,230,000.

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

Summary
The Municipal Utilities Department (MUD) staff maintain, inspect, and repair sewer collection and water distribution systems throughout the City. The regular maintenance program is required to safely transport wastewater for treatment at facilities owned and operated by the City and to distribute drinking water to customers in the City water service area. To respond in a timely manner to larger scale and emergency repair projects, MUD negotiated Contract Change Order No.3 (CCO No. 3) to expand the current contract with Soracco Inc., Lodi, CA, for on-call utility repair services to include water distribution systems, and sanitary sewer pipelines larger than 24” in diameter.

If approved, this action will add water distribution systems and emergency sanitary sewer collection system large pipeline repairs to the scope of work (Exhibit 1 to the Resolution) with Soracco, Inc., of Lodi, CA for a total contract amount of $8,230,000. The contract (No. 423000017) is presently in year three (3) of a five (5) year-term.

DISCUSSION
Background
The MUD operates and maintains the wastewater collection and water distribution systems throughout the City. The MUD contracted with Soracco Inc. for on-call utility repair services for wastewater collection systems with pipelines smaller than 24” in diameter. These contracted services allows staff to respond to large-scale collection systems repairs in a safe and timely manner.

In June 2022, by Resolution 2022-06-21-1205, the City Council awarded a contract to Soracco, Inc. in the not-to-exceed amount of $6,300,000. In June 2023, the City increased the contract not-toexceed amount to $7,030,000. The contract is presently in year three (3) of a five (5) year-term.

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Present Situation
The MUD Water Operations and Distribution division requires on-call utility repair services for emergency and large-scale repair work on throughout the water distribution system. Additionally, the MUD Collections division requires emergency on-call utility repair services for sanitary sewer pipelines larger than 24” in diameter.

Staff negotiated CCO No. 3 with Soracco, Inc. to adjust the scope of work to include on-call repair services for water distribution systems and emergency repair services for sanitary sewer pipelines larger than 24” in diameter.

If approved by the City Council, CCO No. 3 will adjust the contract scope of work to include the additional services needed in the amount of $1,200,000 for a total contract amount not-to-exceed $8,230,000.

FINANCIAL SUMMARY
There are sufficient funds available in the Water Distribution and the Sanitary Sewer System Emergency Project (UW24018) accounts to approve CCO No. 3 in the amount of $1,200,000 for a total contract amount not-to-exceed $8,230,000.

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

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Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 3 WITH SORACCO INC

FOR ON-CALL UTILITY REPAIR SERVICES FOR CITYWIDE WASTEWATER

COLLECTION AND WATER DISTRIBUTION SYSTEMS
The Municipal Utilities Department (MUD) staff maintain, inspect, and repair collection and water distribution systems as part of the regular maintenance program required to safely transport wastewater for treatment at facilities owned and operated by the City and distribute drinking water to customers in north and south Stockton; and To respond in a timely manner to larger scale repair projects, MUD has negotiated Contract Change Order (CCO) No. 3 to add on-call repair services to water production systems, and emergency repair services for sanitary sewer pipelines larger than 24” in diameter; and Staff recommend that the City Council adopt a resolution to approve CCO No. 3 with Soracco, Inc for additional wastewater collection and water production systems services in the amount of $1,200,000 for a total contract amount not-to-exceed $8,230,000; now, therefore,

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

1. Contract Change Order No. 3 with Soracco, Inc. in the total not-to-exceed amount of $8,230,000 is hereby approved, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED 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
246
1 (Rev. 03.21.22)

CITY OF STOCKTON

STANDARD AGREEMENT AMENDMENT
This Amendment Number ____3____ to the above referenced Agreement is entered into on November 1, 2024:
between the City of Stockton (“City”) and Soracco Inc. “Contractor”.

RECITALS
Section 1 Changes, states the City may modify the scope of services provided for under this Contract. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work; and Section 2 Compensation states, 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 for the applicable Contract period attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the CITY. Total compensation for services and reimbursement for costs shall not exceed $7,030,000 or as otherwise mutually agreed to in a written Amendment; and The City needs to add pricing sheet Exhibit A1 to the scope of services performed by Contractor specified in Section 2, and Section 8.

The City needs to increase the Compensation, Not to Exceed amount in Section 1 of the Contract by $1,200,000.00 to pay for the Contractor for the added scope of services in Exhibit A1, Now therefore, the City and the Contractor mutually agree as follows:

1. Section 2 Compensation will now read as follows:
“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 and Exhibit A1 for the applicable Contract period attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the CITY. Total compensation for services and reimbursement for costs shall not exceed $8,230,000 or as otherwise mutually agreed to in a written Amendment.”

2. Section 8 Compensation shall be amended to:
“City shall pay Contractor for services rendered pursuant to this Contract as described more particularly in Exhibit A and Exhibit A1 to the Contract.”
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.

IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
_____________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
_____________________________________________________________________________________________ Authorized Signature Date
_____________________________________________________________________________________________ Printed Name and Title of Person Signing
_____________________________________________________________________________________________ Address

CITY OF STOCKTON
Agreement Number: Amendment
Number:
423000017 3
Soracco, Inc.

Richard A. Soracco Jr., President
903 E. Lodi Ave., Lodi, CA 95240
08/27/2024
EXHIBIT 1
247
2 (Rev. 03.21.22)
_____________________________________________________________________________________________ Harry Black, City Manager Date
ATTEST:
_____________________________________________________________________________________________ Katherine Roland, CMC, Interim City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:

EXHIBIT 1
248
EXHIBIT A1
Contract Pricing Effective July 2024 – June 2025 For Water Line Work and Emergency Large Line Repairs
In accordance with all Contract terms, Contractor shall perform on-call work as defined in Contract PUR 22- 007 Exhibit A and A1 at the City’s request for the below agreed upon pricing for work performed from July 1, 2024 through June 30, 2025.

Items X1-X4 shall be considered emergency work on lines greater than 24” in diameter. Due to the additional scope of work required, Items X1-X4 prices shall be considered “time and material” on an emergency basis.

Prices of work covered by Items X1-X4 shall be at cost plus the contractually agreed upon percentage markup on Exhibit A1. All submitted costs are subject to City verification and approval. - End of Page -
Item # Description Unit Unit Price
W1 Easement Repairs (Water Mains and Service Lines within Easements, Per Job) EA W2 Remove and Replace Asphalt Concrete Restoration up to 8" Deep SF W3 Remove and Replace Asphalt Concrete Restoration between 8.1" and 13" Deep SF W4 Remove and Replace Asphalt Concrete Restoration between 13.1" and 16.0" D
SF
W5 Remove and Replace Existing Concrete Curb and Gutter LF W6 Remove and Replace Existing Concrete Sidewalk and/or Driveway SF W7 Various Unidentified Work LS
W8 4" Domestic Water Main Line Repair EA
W9 6" Domestic Water Main Line Repair EA
W10 8" Domestic Water Main Line Repair EA
W11 12" Domestic Water Main Line Repair EA
W12 Remove and Replace 6" Water Gate Valve EA
W13 Remove and Replace 8" Water Gate Valve EA
W14 Remove and Replace 12" Water Butterfly Valve EA
W15 1" Domestic Water Service Line Replacement EA
W16 1-1/2" Domestic Water Service Line Replacement EA
W17 2" Domestic Water Service Line Replacement EA
W18 Water Meter Box (Type 812) EA
W19 Water Meter Box (Type 830) EA
W20 Water Meter Box (Type 836) EA
W21 Fire Hydrants Repair/Replacement HR
W22 Flaggers HR
W23 Emergency Response (Within 2 hours) EA
W24 Emergency Callout Surcharge - Afterhours/Weekend/Holiday EA X1 Emergency Labor Markup for Lines > 24" %
X2 Emergency Equipment Markup for Lines > 24" %
X3 Emergency Material Markup for Lines > 24" %
X4 Emergency Subcontractor Markup for Lines > 24" %
$32.00
$5,000
$42.00
$55.00
$500.00
$100.00
$50,000
$10,250
$14,000
$18,870
$21,000
$11,000
$12,250
$14,870
$12,000
$14,000
$16,000
$5,000
$6,000
$7,000
$1,000
$250.00
$1,000
$500.00
44 15
15 15
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City of Stockton
Legislation Text
File #: 24-1067, Version: 1

APPROVE RESOLUTION ACCEPTING GRANT FUNDING FROM THE OFFICE OF COMMUNITY

ORIENTED POLICING TECHNOLOGY AND EQUIPMENT GRANT FOR THE STRENGTHENING STOCKTON’S PUBLIC SAFETY PROGRAM IN THE AMOUNT OF $963,000

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

1. Authorize the City Manager, or designee, to accept an Office of Community Oriented Policing Services (COPS) Grant award allocation from the United States Department of Justice in the amount of $963,000; and

2. Authorize the City Manager, or designee, to execute all grant award documents as required by the United States Department of Justice and accept applicable terms and conditions; and

3. Amend the Fiscal Year 2024-25 Annual Budget to increase the Police Grants & Special Programs revenue and expenditure appropriation by $963,000; and

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

Summary
The United States Department of Justice released a solicitation on April 30, 2024, for Fiscal Year (FY) 2024 for the COPS Technology and Equipment (TEP) Grant. The award provides funding to expand the implementation of community policing and crime prevention through the development and procurement of equipment, technologies and interoperable communications. Funds awarded under the TEP project will be utilized to develop and acquire effective law enforcement equipment, technologies, and interoperable communications that assist in responding to and preventing crime.

The grant performance period is from March 9, 2024, to March 31, 2026.

DISCUSSION
Background
In March 2023, the Stockton Police Department (SPD) began working with Congressman Josh Harder to identify project funding needs. The “Strengthening Stockton’s Public Safety Program” was the priority area. The focus of the program is to provide a more effective and efficient law enforcement response and crime-solving strategies, while keeping the community safe. In July 2023, Congressman Harder submitted the funding request to the House Appropriations Committee on behalf of the City of Stockton.

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On March 11, 2024, the SPD was notified that the funding request of $963,000 was approved. The SPD was required to submit a non-competitive grant application in July 2024 through COPS TEP.

Present Situation
SPD proposes to use the COPS TEP funds for implementing a more robust License Plate Reader (LPR) program to aid in identifying leads, solving criminal cases, and reducing crime. SPD is committed to working with the community toward keeping the city safe through the use of technology.

The strategic placement of additional LPR cameras will be placed at all main entry/exit points of the city, major commercial areas, and “hot” intersections with high traffic volume to assist with crime reduction and expedite the apprehension of criminals. Flock Safety provides 1000+ Law Enforcement Agencies in over 2,000 cities with a scalable solution for public safety that reduces crime by up to 60%. SPD would also gain access to a network of over 500,000,000 license plate reads per month through the Northern California Regional Intelligence Center.

Additionally, the SPD proposes using COPS TEP funds for Night Vision Goggles (NVGs) for the SWAT team. With the NVG purchase, SWAT operators would be able to identify and engage a suspect at a distance without showing awareness of presence. Currently, the white light situation could quickly identify that an operator was present, giving the suspect an advantage into position to block engagement. High-quality NVG allow SWAT operators to quickly identify threats/non-threats in low-light situations without compromising the operator's position, providing safety to operators and victims.

On September 30, 2024, the SPD received notification from the COPS Office, awarding funds designated in the Consolidated Appropriations Act, 2024, in the amount of $963,000.

FINANCIAL SUMMARY
The SPD’s Investigations Division will coordinate operations of the grant program. The grant program does not require matching funds. Revenue and expenditures will require an increase in appropriation to the FY 2024-25 Police Special Grants fund.
· Revenue appropriation of $963,000 to the FY 2024-25 BJA COPS TEP grant in the Police’s Special Grants Fund - Reimbursements, Investigations Division. · Expenditure appropriation of $963,000 to the FY 2024-25 BJA COPS TEP grant in the Police’s Special Grants fund - Reimbursements, Investigations Division.

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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION ACCEPTING GRANT FUNDING FROM THE OFFICE OF COMMUNITY ORIENTED POLICING IN THE AMOUNT OF $963,000 FOR THE STRENGTHENING STOCKTON’S PUBLIC SAFETY PROGRAM, AND AMENDING THE FISCAL YEAR 2024-25 ANNUAL BUDGET
The City of Stockton is eligible to receive $963,000 in discretionary funding from the Office of Community Oriented Policing (COPS); and
The Stockton Police Department’s (SPD) proposal included Night Vision Goggles to enhance safer responses to critical incidents and a more robust License Plate Reader (LPR) program to aid in identifying leads, solving criminal cases, and reducing crime; and On April 30, 2024, the SPD received notification from the COPS Office awarding funds designated in the Consolidated Appropriations Act, 2024 in the amount of $963,000. A non-competitive application package was submitted in July 2024, to receive grant funds. In accordance with the COPS Technology and Equipment (TEP) Grant, the proposed funds will be utilized to develop and acquire effective law enforcement equipment, technologies, and interoperable communications that assist in responding to and preventing crime; now, therefore,

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

1. The City Manager, or designee, is hereby authorized to accept the COPS grant award allocation from the United States Department of Justice in the amount of $963,000 for the period of March 9, 2024, through March 31, 2026, attached hereto as Exhibit 1, and make all necessary appropriations in compliance with and for the purposes stated in the grant application.

2. The City Manager, or designee, is hereby authorized to execute and submit all documents, including, without limitation, agreements, amendments with the granting agency, and payment requests in compliance with COPS TEP Grant requirements.

3. The Fiscal Year 2024-25 Annual Budget is amended to appropriate $963,000 in revenues and expenditures for the Police Grants and Special Programs accounts as needed to carry out the purpose and intent of this Resolution. //
//
//
//
//
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328
2 4. The City Manager, or designee, is authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED 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
329
Department of Justice (DOJ)
Office of Community Oriented Policing Services (COPS
Office)
Washington, D.C. 20531
Name and Address of Recipient: STOCKTON CITY OFCITY HALL 425 N EL DORADO ST
City, State and Zip: STOCKTON, CA 95202
Recipient UEI: MPGYKQEJZ2E6
Project Title: Strengthening Stockton's Public
Safety Program Award Number: 15JCOPS-24-GG-02101-TECP
Solicitation Title: FY24 COPS Technology and Equipment Program Invitational Solicitation Federal Award Amount: $963,000.00 Federal Award Date: 9/30/24 Awarding Agency: Office of Community Oriented Policing Services Funding Instrument Type: Grant
Opportunity Category: D
Assistance Listing:

16.710 - Public Safety Partnership and Community Policing Grants Project Period Start Date: 3/9/24 Project Period End Date: 3/31/26 Budget Period Start Date: 3/9/24 Budget Period End Date: 3/31/26 Project Description:

The FY24 COPS Office Technology and Equipment Program (TEP) provides grants to state, local, Tribal, territorial, and other entities to develop and acquire effective equipment, technologies, and interoperable communications that assist in responding to and preventing crime.

The goal of the program is to increase the community policing capacity and crime prevention efforts of law enforcement agencies. The objective is to provide funding for projects which improve police effectiveness and the flow of information among law enforcement agencies, local government service providers, and the communities they serve. Funding shall be used for the projects, and in the amounts, specified under the heading “Community Oriented Policing Services, Technology and Equipment Community Projects/COPS Law Enforcement Technology and Equipment” in Congressional Joint Explanatory Statement – Division C, which is incorporated by reference into Public Law 118-42.

Page: 1 of 19
EXHIBIT 1
330
Award Letter
September 30, 2024
Dear Jeanetta McDonald,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Community Oriented Policing Services (the COPS Office) has approved the application submitted by STOCKTON CITY OFCITY HALL for an award under the funding opportunity entitled 2024 FY24 COPS Technology and Equipment Program Invitational Solicitation. The approved award amount is $963,000.

Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.

Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by the COPS Office, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.

Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.

Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date.

To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process.

Congratulations, and we look forward to working with you.

Hugh T. Clements
COPS Director
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) enforces federal civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW).

Several civil rights laws, including Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance (recipients) to give assurances that they will comply with those laws. Taken together, these and other civil rights laws prohibit recipients from discriminating in the provision of services and employment because of race, color, national origin, religion, disability, and sex or from discriminating in the provision of services on the bases of age.

Some recipients of DOJ financial assistance have additional obligations to comply with other applicable nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of religion in addition to race, color, national origin, and sex. Recipients may also have related requirements regarding the development and implementation of equal employment opportunity programs.

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331
OCR provides technical assistance, training, and other resources to help recipients comply with civil rights obligations.

Further, OCR administratively enforces civil rights laws and nondiscrimination provisions by investigating DOJ recipients that are the subject of discrimination complaints. In addition, OCR conducts compliance reviews of DOJ recipients based on regulatory criteria. These investigations and compliance reviews permit OCR to evaluate whether DOJ recipients are providing services to the public and engaging in employment practices in a nondiscriminatory manner.

For more information about OCR, your civil rights and nondiscrimination responsibilities, how to notify your employees or beneficiaries of their civil rights protections and responsibilities and how to file a complaint, as well as technical assistance, training, and other resources, please visit www.ojp.gov/program/civil-rights-office/outreach. If you would like OCR to assist you in fulfilling your civil rights or nondiscrimination responsibilities, please contact us at askOCR@o jp.usdoj.gov or www.ojp.gov/program/civil-rights-office/about#ocr-contacts.

Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Recipient Information
Recipient Name

STOCKTON CITY OFCITY HALL
UEI
MPGYKQEJZ2E6 ORI Number
Street 1
425 N EL DORADO ST Street 2
City

STOCKTON
State/U.S. Territory
California
Zip/Postal Code
95202
Country
United States
County/Parish Province
Award Details
Federal Award Date
9/30/24
Award Type
Initial
Award Number
15JCOPS-24-GG-02101-TECP
Supplement Number
00 Federal Award Amount
$963,000.00
Funding Instrument Type
Grant
Assistance Listing
Number
Assistance Listings Program Title

16.710 Public Safety Partnership and Community Policing Grants Page: 3 of 19
EXHIBIT 1
332
Statutory Authority
The Public Safety Partnership and Community Policing Act of 1994, 34 U.S.C. § 10381 et seq. [ ] I have read and understand the information presented in this section of the Federal Award Instrument.

Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Solicitation Title
2024 FY24 COPS Technology and Equipment Program
Invitational Solicitation
Application Number
GRANT14158356
Awarding Agency
COPS
Grant Manager

TAMMY RICHARDSON
Phone Number
202-598-6908
E-mail Address
TAMMY.RICHARDSON2@USDOJ.

GOV
Project Title
Strengthening Stockton's Public Safety Program
Performance Period Start
Date
03/09/2024
Performance Period End Date
03/31/2026
Budget Period Start Date
03/09/2024
Budget Period End Date
03/31/2026
Project Description
The FY24 COPS Office Technology and Equipment Program (TEP) provides grants to state, local, Tribal, territorial, and other entities to develop and acquire effective equipment, technologies, and interoperable communications that assist in responding to and preventing crime.

The goal of the program is to increase the community policing capacity and crime prevention efforts of law enforcement agencies. The objective is to provide funding for projects which improve police effectiveness and the flow of information among law enforcement agencies, local government service providers, and the communities they serve. Funding shall be used for the projects, and in the amounts, specified under the heading “Community Oriented Policing Services, Technology and Equipment Community Projects/COPS Law Enforcement Technology and Equipment” in Congressional Joint Explanatory Statement – Division C, which is incorporated by reference into Public Law 118-42. [ ] I have read and understand the information presented in this section of the Federal Award Instrument.

Financial Information
Page: 4 of 19
EXHIBIT 1
333
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

A financial analysis of budgeted costs has been completed. All costs listed in the approved budget below were programmatically approved based on the final proposed detailed budget and budget narratives submitted by your agency to the COPS Office. Any adjustments or edits to the proposed budget are explained below.

Budget Clearance Date: 8/20/24 8:29 PM
Comments
No items
Budget Category Proposed
Budget
Change Approved
Budget
Percentages
Sworn Officer Positions: $0 $0 $0 ––
Civilian or Non-Sworn Personnel: $0 $0 $0 ––
Travel: $0 $0 $0 ––
Equipment: $547,834$0 $547,834 ––
Supplies: $0 $0 $0 ––
SubAwards: $0 $0 $0 ––
Procurement Contracts: $0 $0 $0 ––
Other Costs: $415,166$0 $415,166 ––
Total Direct Costs: $963,000$0 $963,000 ––
Indirect Costs: $0 $0 $0 ––
Total Project Costs: $963,000$0 $963,000 ––
Federal Funds: $963,000$0 $963,000 100.00%
Match Amount: $0 $0 $0 0.00%
Program Income: $0 $0 $0 0.00%
Budget Category
Sworn Officer
Civilian Personnel
Page: 5 of 19
EXHIBIT 1
334
Travel
Equipment
Supplies
SubAwards
Procurement Contracts
Other Costs
Indirect Costs
[ ] I have read and understand the information presented in this section of the Federal Award Instrument.

Other Award Documents
[ ] I have read and understand the information presented in this section of the Federal Award Instrument.

No other award documents have been added.

Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Condition 1
Restrictions on Internal Confidentiality Agreements: No recipient or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts the lawful reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. Further Consolidated Appropriations Act, 2024, Public Law 118-47, Division B, Title VII, Section 742.

Condition 2
Federal Civil Rights: The recipient and any subrecipient must comply with applicable federal civil rights and nondiscrimination statutes and regulations including: Section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), as implemented in Subparts C and D of 28 C.F.R. Part 42; section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), as implemented in Subpart G of 28 C.F.R. Part 42; section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681), as implemented in Subpart D of 28 C.F.R. Parts 42 and 54; section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102), as implemented in Subpart I of 28 C.F.R. Part 42; and section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)), as implemented in Subpart D of 28 C.F.R. Part 42.

In addition to applicable federal statutes and regulations that pertain to civil rights and nondiscrimination, the recipient and any subrecipient must comply with the requirements in 28 C.F.R. Parts 22 (Confidentiality of Identifiable Research and Statistical Information); 28 C.F.R. Part 23 (Criminal Intelligence Systems Operating Policies); 28 C.F.R. Part 38 (Partnerships with Faith-Based and Other Neighborhood Organizations); and 28 C.F.R. Part 46 (Protection of Human Subjects). For an overview of the civil rights laws and nondiscrimination requirements in connection with your award, please see https://www.ojp.gov/program/civil-rights/overview.

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Condition 3
Award Monitoring Activities: Federal law requires that recipients receiving federal funding from the COPS Office must be monitored to ensure compliance with their award conditions and other applicable statutes and regulations. The COPS Office is also interested in tracking the progress of our programs and the advancement of community policing.

Both aspects of award implementation—compliance and programmatic benefits—are part of the monitoring process coordinated by the U.S. Department of Justice. Award monitoring activities conducted by the COPS Office include site visits, enhanced office-based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. As a COPS Office award recipient, you agree to cooperate with and respond to any requests for information pertaining to your award. This includes all financial records, such as general accounting ledgers and all supporting documents. All information pertinent to the implementation of the award is subject to agency review throughout the life of the award, during the close-out process and for three-years after the submission of the final expenditure report. 2 C.F.R. §§ 200.334 and 200.337, and, as applicable, 34 U.S.C. § 10385(a).

Condition 4
Authorized Representative Responsibility: The recipient understands that, in accepting this award, the Authorized Representatives declare and certify, among other things, that they possess the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accept (or adopt) all material requirements throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.

Condition 5
Contract Provision: All contracts made by the award recipients under the federal award must contain the provisions required under 2 C.F.R. Part 200, Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. Please see appendices in the Award Owner’s Manual for a full text of the contract provisions.

Condition 6
Award Owner’s Manual: The recipient agrees to comply with the terms and conditions in the applicable award year COPS Office Program Award Owner's Manual; DOJ Grants Financial Guide; COPS Office statute (34 U.S.C. § 10381, et seq.) as applicable; Students, Teachers, and Officers Preventing (STOP) School Violence Act of 2018 (34 U.S.C. § 10551, et seq.) as applicable; the requirements of 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including subsequent changes, as adopted by the U.S.

Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as applicable; representations made in the application; and all other applicable program requirements, laws, orders, regulations, or circulars.

Failure to comply with one or more award requirements may result in remedial action including, but not limited to, withholding award funds, disallowing costs, suspending, or terminating the award, or other legal action as appropriate.

Should any provision of an award condition be deemed invalid or unenforceable by its terms, that provision will be applied to give it the maximum effect permitted by law. Should the provision be deemed invalid or unenforceable in its entirety, such provision will be severed from this award.

Condition 7
Duplicative Funding: The recipient understands and agrees to notify the COPS Office if it receives, from any other source, funding for the same item or service also funded under this award.

Condition 8
Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and COPS Office authority to terminate award): The recipient and subrecipient agree to comply with the following requirements of 2 C.F.R. Part 175, Appendix A to Part 175 – Award Term:

I. Trafficking in Persons
(a) Provisions applicable to a recipient that is a private entity. (1) Under this award, the recipient, its employees, subrecipients under this award, and subrecipient’s employees must not engage in:
(i) Severe forms of trafficking in persons;
(ii) The procurement of a commercial sex act during the period of time that this award or any subaward is in effect;
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(iii) The use of forced labor in the performance of this award or any subaward; or (iv) Acts that directly support or advance trafficking in persons, including the following acts:
(A) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents;
(B) Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless:
(1) Exempted from the requirement to provide or pay for such return transportation by the Federal department or agency providing or entering into the grant or cooperative agreement; or (2) The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action; (C) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment; (D) Charging recruited employees a placement or recruitment fee; or (E) Providing or arranging housing that fails to meet the host country’s housing and safety standards. (2) The Federal agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if any private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or (ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this this appendix through conduct that is either:
(A) Associated with the performance under this award; or (B) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),’’ as implemented by DOJ at 2 C.F.R. Part 2867.
(b) Provision applicable to a recipient other than a private entity. (1) The Federal agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if a subrecipient that is a private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or
(ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this appendix through conduct that is either:
(A) Associated with the performance under this award; or (B) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),’’ as implemented by 2 C.F.R. Part 2867. (c) Provisions applicable to any recipient.
(1) The recipient must inform the Federal agency and the Inspector General of the Federal agency immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a)(1) of this appendix. (2) The Federal agency’s right to unilaterally terminate this award as described in paragraphs (a)(2) or (b)(1) of this appendix:
(i) Implements the requirements of 22 U.S.C. 78, and
(ii) Is in addition to all other remedies for noncompliance that are available to the Federal agency under this award. (3) The recipient must include the requirements of paragraph (a)(1) of this award term in any subaward it makes to a private entity.
(4) If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b).
(d) Definitions. For purposes of this award term:

Employee means either:
(1) An individual employed by the recipient or a subrecipient who is engaged in the performance of the project or program under this award; or
(2) Another person engaged in the performance of the project or program under this award and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing
requirements.

Private Entity means any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1.

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The terms ‘‘severe forms of trafficking in persons,’’ ‘‘commercial sex act,’’ ‘‘sex trafficking,’’ ‘‘Abuse or threatened abuse of law or legal process,’’ ‘‘coercion,’’ ‘‘debt bondage,’’ and ‘‘involuntary servitude’’ have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).

Condition 9
Termination: Recipient understands and agrees that the COPS Office may terminate funding, in whole or in part, for the following reasons:
(1) When the recipient fails to comply with the terms and conditions of a Federal award. (2) When the recipient agrees to the termination and termination conditions. (3) When the recipient provides the COPS Office written notification requesting termination including the reasons, effective date, and the portion of the award to be terminated. The COPS Office may terminate the entire award if the remaining portion will not accomplish the purposes of the award. (4) Pursuant to any other award terms and conditions, including, when an award no longer effectuates the program goals or agency priorities to the extent such termination is authorized by law.

2. C.F.R. § 200.340.

Condition 10
Recipient Integrity and Performance Matters: For awards over $500,000, the recipient agrees to comply with the following requirements of 2 C.F.R. Part 200, Appendix XII to Part 200 – Award Term and Condition for Recipient Integrity and Performance Matters:

I. Reporting of Matters Related to Recipient Integrity and Performance (a) General Reporting Requirement.
(1) If the total value of your active grants, cooperative agreements, and procurement contracts from all Federal agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient must ensure the information available in the responsibility/qualification records through the System for Award Management (SAM.gov), about civil, criminal, or administrative proceedings described in paragraph (b) of this award term is current and complete. This is a statutory requirement under section 872 of Public Law 110–417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111– 212, all information posted in responsibility/qualification records in SAM.gov on or after April 15, 2011 (except past performance reviews required for Federal procurement contracts) will be publicly available. (b) Proceedings About Which You Must Report.
(1) You must submit the required information about each proceeding that— (i) Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
(ii) Reached its final disposition during the most recent five-year period; and (iii) Is one of the following—
(A) A criminal proceeding that resulted in a conviction; (B) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (C) An administrative proceeding that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (D) Any other criminal, civil, or administrative proceeding if— (1) It could have led to an outcome described in paragraph (b)(1)(iii)(A) through (C); (2) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (3) The requirement in this award term to disclose information about the proceeding does not conflict with applicable laws and regulations.
(c) Reporting Procedures. Enter the required information in SAM.gov for each proceeding described in paragraph (b) of this award term. You do not need to submit the information a second time under grants and cooperative agreements that you received if you already provided the information in SAM.gov because you were required to do so under Federal procurement contracts that you were awarded.
(d) Reporting Frequency. During any period of time when you are subject to the requirement in paragraph (a) of this award term, you must report proceedings information in SAM.gov for the most recent five-year period, either to report new information about a proceeding that you have not reported previously or affirm that there is no new information to report. If you have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, you must disclose semiannually any information about the criminal, civil, and administrative proceedings.
(e) Definitions. For purposes of this award term—
Administrative proceeding means a nonjudicial process that is adjudicatory in nature to make a determination of fault or Page: 9 of 19
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liability (for example, Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with the performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.

Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. Total value of currently active grants, cooperative agreements, and procurement contracts includes the value of the Federal share already received plus any anticipated Federal share under those awards (such as continuation funding).

Condition 11
Reporting Subawards and Executive Compensation: The recipient agrees to comply with the following requirements of 2 C.F.R. Part 170, Appendix A to Part 170 – Award Term:

I. Reporting Subawards and Executive Compensation
(a) Reporting of first-tier subawards—(1) Applicability. Unless the recipient is exempt as provided in paragraph (d) of this award term, the recipient must report each subaward that equals or exceeds $30,000 in Federal funds for a subaward to an entity or Federal agency. The recipient must also report a subaward if a modification increases the Federal funding to an amount that equals or exceeds $30,000. All reported subawards should reflect the total amount of the
subaward.
(2) Reporting Requirements. (i) The entity or Federal agency must report each subaward described in paragraph (a)(1) of this award term to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS) at http://www.fsrs.gov. (ii) For subaward information, report no later than the end of the month following the month in which the subaward was issued. (For example, if the subaward was made on November 7, 2025, the subaward must be reported by no later than December 31, 2025).
(b) Reporting total compensation of recipient executives for entities—(1) Applicability. The recipient must report the total compensation for each of the recipient’s five most highly compensated executives for the preceding completed fiscal year if:
(i) The total Federal funding authorized to date under this Federal award equals or exceeds $30,000;
(ii) in the preceding fiscal year, the recipient received:
(A) 80 percent or more of the recipient’s annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and, (iii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 after receiving this subaward. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http:// www.sec.gov/answers/execomp.htm.)
(2) Reporting Requirements. The recipient must report executive total compensation described in paragraph (b)(1) of this appendix:
(i) As part of the recipient’s registration profile at https://www.sam.gov. (ii) No later than the month following the month in which this Federal award is made, and annually after that. (For example, if this Federal award was made on November 7,
2025, the executive total compensation must be reported by no later than December 31, 2025.)
(c) Reporting of total compensation of subrecipient executives—(1) Applicability. Unless a first-tier subrecipient is exempt as provided in paragraph (d) of this appendix, the recipient must report the executive total compensation of each of the subrecipient’s five most highly compensated executives for the subrecipient’s preceding completed fiscal year, if:
(i) The total Federal funding authorized to date under the subaward equals or exceeds $30,000;
(ii) In the subrecipient’s preceding fiscal year, the subrecipient received:
(A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and, (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal awards (and subawards) subject to the Transparency Act; and (iii) The public does not have access to information about the compensation of the executives through periodic reports Page: 10 of 19
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filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 after receiving this subaward. (To determine if the public has access to the compensation information, see
the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) (2) Reporting Requirements. Subrecipients must report to the recipient their executive total compensation described in paragraph
(c)(1) of this appendix. The recipient is required to submit this information to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS) at http://www.fsrs.gov no later than the end of the month following the month in which the subaward was made. (For example, if the subaward was made on November 7, 2025, the subaward must be reported by no later than December 31, 2025). (d) Exemptions. (1) A recipient with gross income under $300,000 in the previous tax year is exempt from the requirements to report:
(i) Subawards, and
(ii) The total compensation of the five most highly compensated executives of any subrecipient. (e) Definitions. For purposes of this award term:

Entity includes:
(1) Whether for profit or nonprofit:
(i) A corporation;
(ii) An association;
(iii) A partnership;
(iv) A limited liability company;
(v) A limited liability partnership;
(vi) A sole proprietorship;
(vii) Any other legal business entity;
(viii) Another grantee or contractor that is not excluded by subparagraph (2); and (ix) Any State or locality;
(2) Does not include:
(i) An individual recipient of Federal financial assistance; or (ii) A Federal employee.

Executive means an officer, managing partner, or any other employee holding a management position.

Subaward has the meaning given in 2 CFR200.1.

Subrecipient has the meaning given in 2CFR 200.1.

Total Compensation means the cash and noncash dollar value an executive earns during an entity’s preceding fiscal year. This includes all items of compensation as prescribed in 17 CFR 229.402(c)(2).

Condition 12
Assurances and Certifications: The recipient acknowledges its agreement to comply with the Assurances and Certifications forms that were signed as part of its application.

Condition 13
Conflict of Interest: Recipients and subrecipients must disclose in writing to the COPS Office or pass-through entity, as applicable, any potential conflict of interest affecting the awarded federal funding in 2 C.F.R. § 200.112.

Condition 14
Debarment and Suspension: The recipient agrees not to award federal funds under this program to any party which is debarred or suspended from participation in federal assistance programs. 2 C.F.R. Part 180 (Government-wide Nonprocurement Debarment and Suspension) and 2 C.F.R. Part 2867 (DOJ Nonprocurement Debarment and Suspension).

Condition 15
Equal Employment Opportunity Plan (EEOP): All recipients of funding from the COPS Office must comply with the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan. 28 C.F.R. Part 42 subpart E.

Condition 16
Employment Eligibility: The recipient agrees to complete and keep on file, as appropriate, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form (I-9). This form is Page: 11 of 19
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to be used by recipients of federal funds to verify that persons are eligible to work in the United States. Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603.

Condition 17
Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information: Recipients and subrecipients agree not to discharge, demote, or otherwise discriminate against an employee as reprisal for the employee disclosing information that he or she reasonably believes is evidence of gross mismanagement of a federal contract or award, a gross waste of federal funds, an abuse of authority relating to a federal contract or award, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or award. Recipients and subrecipients also agree to provide to their employees in writing (in the predominant native language of the workforce) of the rights and remedies provided in 41 U.S.C. § 4712. Please see appendices in the Award Owner’s Manual for a full text of the statute.

Condition 18
False Statements: False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 31 U.S.C. § 3729-3733.

Condition 19
Mandatory Disclosure: Recipients and subrecipients must timely disclose in writing to the Federal awarding agency or pass-through entity, as applicable, all federal criminal law violations involving fraud, bribery, or gratuity that may potentially affect the awarded federal funding. Recipients that receive an award over $500,000 must also report certain civil, criminal, or administrative proceedings in SAM and are required to comply with the Term and Condition for Recipient Integrity and Performance Matters as set out in 2 C.F.R. Part 200, Appendix XII to Part 200. Failure to make required disclosures can result in any of the remedies, including suspension and debarment, described in 2 C.F.R. § 200.339. 2 C.F.R. § 200.113.

Condition 20
Reports/Performance Goals: To assist the COPS Office in monitoring and tracking the performance of your award, your agency will be responsible for submitting semi-annual programmatic performance reports that describe project activities during the reporting period and quarterly Federal Financial Reports using Standard Form 425 (SF-425). 2 C.F.R. §§ 200.328 - 200.329. The performance report is used to track your agency’s progress in implementing the award, and, as applicable, community policing strategies including gauging the effectiveness of your agency’s community policing capacity. The Federal Financial Report is used to track the expenditures of the recipient’s award funds on a cumulative basis throughout the life of the award.

Condition 21
System for Award Management (SAM.gov) and Universal Identifier Requirements: The recipient agrees to comply with the following requirements of 2 C.F.R. Part 25, Appendix A to Part 25 – Award Term:

I. System for Award Management (SAM.gov) and Universal Identifier Requirements (a) Requirement for System for Award Management. (1) Unless exempt from this requirement under 2 CFR 25.110, the recipient must maintain a current and active registration in SAM.gov. The recipient’s registration must always be current and active until the recipient submits all final reports required under this Federal award or receives the final payment, whichever is later. The recipient must review and update its information in SAM.gov at least annually from the date of its initial registration or any subsequent updates to ensure it is current, accurate, and complete. If applicable, this includes identifying the recipient’s immediate and highest-level owner and subsidiaries and providing information about the recipient’s predecessors that have received a Federal award or contract within the last three years.
(b) Requirement for Unique Entity Identifier (UEI). (1) If the recipient is authorized to make subawards under this Federal award, the recipient:
(i) Must notify potential subrecipients that no entity may receive a subaward until the entity has provided its UEI to the recipient.
(ii) Must not make a subaward to an entity unless the entity has provided its UEI to the recipient. Subrecipients are not required to complete full registration in SAM.gov to obtain a UEI. (c) Definitions. For the purposes of this award term:

System for Award Management (SAM.gov) means the Federal repository into which a recipient must provide the information required for the conduct of business as a recipient. Additional information about Page: 12 of 19
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registration procedures may be found in SAM.gov (currently at https://www.sam.gov).

Unique entity identifier means the universal identifier assigned by SAM.gov to uniquely identify an entity.

Entity is defined at 2 CFR 25.400 and includes all of the following types as defined in 2 CFR 200.1:
(1) Non-Federal entity;
(2) Foreign organization;
(3) Foreign public entity;
(4) Domestic for-profit organization; and
(5) Federal agency.

Subaward has the meaning given in 2 CFR 200.1.

Subrecipient has the meaning given in 2 CFR 200.1.

Condition 22
Additional High-Risk Recipient Requirements: The recipient agrees to comply with any additional requirements that may be imposed during the award performance period if the awarding agency determines that the recipient is a highrisk recipient. 2 C.F.R. § 200.208.

Condition 23
Criminal Intelligence Systems: Recipients using award funds to operate an interjurisdictional criminal intelligence system must comply with the operating principles of 28 C.F.R. Part 23. At the time of application, the recipient assured the COPS Office that it will comply with the requirements of 28 C.F.R. Part 23.

Condition 24
Allowable Costs: The funding under this award is for the payment of approved costs for program-specific purposes.

The allowable costs approved for your agency's award are limited to those listed in your agency’s award package. In accordance with 2 C.F.R. § 200.400(g), the recipient or subrecipient must not earn or keep any profit resulting from the award. Your agency may not use award funds for any costs not identified as allowable in the award package.

Condition 25
Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: Recipient agrees that it, and its subrecipients, will not use award funds to extend, renew, or enter into any contract to procure or obtain any covered telecommunication and video surveillance services or equipment as described in 2 CFR §200.216. Covered services and equipment include telecommunications or video surveillance services or equipment produced or provided by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of China. The use of award funds on covered telecommunications or video surveillance services or equipment are unallowable.

2. C.F.R. § § 200.216 & 471. See also Section 889 of the John S. McCain National Defense Authorization Act of Fiscal Year 2019, Public Law 115-232.

Condition 26
Sole Source Justification: Recipients who have been awarded funding for the procurement of an item (or group of items) or service in excess of $250,000 and who plan to seek approval for use of a noncompetitive procurement process must provide a written sole source justification to the COPS Office for approval prior to obligating, expending, or drawing down award funds for that item or service. 2 C.F.R. § 200.325(b)(2).

Condition 27
Buy America Preference
Recipients of an award of Federal financial assistance for the construction, alteration, maintenance, or repair of infrastructure are hereby notified that none of the funds provided under this award may be used for an infrastructure project unless:
(1) All iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; Page: 13 of 19
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(2) All manufactured products used in the project are produced in the United States— this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product; and (3) All construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The construction material standards are listed below.

Incorporation into an infrastructure project. The Buy America Preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America Preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Categorization of articles, materials, and supplies. An article, material, or supply should only be classified into one of the following categories: (i) Iron or steel products; (ii) Manufactured products; (iii) Construction materials; or (iv) Section 70917(c) materials. An article, material, or supply should not be considered to fall into multiple categories. In some cases, an article, material, or supply may not fall under any of the categories listed in this paragraph. The classification of an article, material, or supply as falling into one of the categories listed in this paragraph must be made based on its status at the time it is brought to the work site for incorporation into an infrastructure project. In general, the work site is the location of the infrastructure project at which the iron, steel, manufactured products, and construction materials will be incorporated.

Application of the Buy America Preference by category. An article, material, or supply incorporated into an infrastructure project must meet the Buy America Preference for only the single category in which it is classified.

Determining the cost of components for manufactured products. In determining whether the cost of components for manufactured products is greater than 55 percent of the total cost of all components, use the following instructions:
(a) For components purchased by the manufacturer, the acquisition cost, including transportation costs to the place of incorporation into the manufactured product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (b)For components manufactured by the manufacturer, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (a), plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the manufactured product.

Construction material standards. The Buy America Preference applies to the following construction materials incorporated into infrastructure projects. Each construction material is followed by a standard for the material to be considered “produced in the United States.” Except as specifically provided, only a single standard should be applied to a single construction material.
(1) Non-ferrous metals. All manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly, occurred in the United States.
(2) Plastic and polymer-based products. All manufacturing processes, from initial combination of constituent plastic or polymer-based inputs, or, where applicable, constituent composite materials, until the item is in its final form, occurred in the United States.
(3) Glass. All manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting, occurred in the United States.
(4) Fiber optic cable (including drop cable). All manufacturing processes, from the initial ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous metals, plastic and polymer-based products, or any others.
(5) Optical fiber. All manufacturing processes, from the initial preform fabrication stage through the completion of the Page: 14 of 19
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draw, occurred in the United States.
(6) Lumber. All manufacturing processes, from initial debarking through treatment and planing, occurred in the United States.
(7) Drywall. All manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the United States. (8) Engineered wood. All manufacturing processes from the initial combination of constituent materials until the wood product is in its final form, occurred in the United States.

Waivers.

When necessary, recipients may apply for, and the Office of Community Oriented Policing Services (COPS Office) may grant, a waiver from these requirements.

The COPS Office may waive the application of the Buy America Preference when it has determined that one of the following exceptions applies:
(1) applying the Buy America Preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.

A request to waive the application of the Buy America Preference must be in writing. If requested, the COPS Office will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office.

Recipients do not need to obtain a waiver of the Buy America Preference requirements from the COPS Office if they will use only iron, steel, manufactured products, and construction materials that meet the criteria as specified above for the project.

If a recipient determines a waiver is necessary, an application for a waiver should be submitted as soon as possible and provide detailed information to expedite the COPS Office’s review. Recipients agree not to obligate, expend or draw down funds for infrastructure projects or activities unless they comply with the Buy America Preference requirements or request and obtain a waiver of the requirements from the COPS Office.

If you have any questions about this requirement or requesting a waiver of the requirement, please contact your COPS Office Program Manager at 800-421-6770.

Condition 28
Domestic preferences for procurements: Recipient agrees that it, and its subrecipients, to the greatest extent practicable, will provide a preference for the purchase, acquisition, or use of goods, products, and materials produced in, and services offered in, the United States. 2. C.F.R. § 200.322 and Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers, January 25, 2021.

Condition 29
Requirement to report actual or imminent breach of personally identifiable information (PII).

The recipient (and any subrecipient at any tier) must have written procedures in place to respond in the event of an actual or imminent breach (as defined in OMB M-17-12) if it (or a subrecipient)-- 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of personally identifiable information (PII) (as defined in 2 C.F.R. 200.1) within the scope of a COPS Office grant-funded program or activity, or 2) uses or operates a Federal information system (as defined in OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to the recipient’s COPS Office Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.

Condition 30
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Community Policing: Community policing activities to be initiated or enhanced by your agency were identified and described in your award application. All equipment, technology, training, and civilian positions awarded under your agency's COPS Office award must be linked to the implementation or enhancement of community policing. 34 U.S.C. § 10382 (c)(10).

Condition 31
Compliance with National Environmental Policy Act and related statutes: Upon request, the recipient must assist the COPS Office in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds. Accordingly, the recipient agrees to determine if new construction or renovation or remodeling of a property will be funded by the grant, and if so, agrees to comply with all NEPA requirements prior to obligating, expending, or drawing down award funds for any award purposes. The recipient understands and agrees that complying with NEPA may require the preparation of an environmental study, including an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS), as directed by the COPS Office. The NEPA compliance process may take several months to complete. 42 U.S.C. §§ 4321 et seq.

Condition 32
Travel Costs: Travel costs for transportation, lodging and subsistence, and related items are allowable with prior approval from the COPS Office. Payment for allowable travel costs will be in accordance with 2 C.F.R. § 200.475.

Condition 33
The Paperwork Reduction Act Clearance and Privacy Act Review: Recipient agrees, if required, to submit all surveys, interview protocols, and other information collections to the COPS Office for submission to the Office of Management and Budget (OMB) for clearance under the Paperwork Reduction Act (PRA). Before submission to OMB, all information collections that request personally identifiable information must be reviewed by the COPS Office to ensure compliance with the Privacy Act. The Privacy Act compliance review and the PRA clearance process may take several months to complete. 44 U.S.C. §§ 3501-3520 and 5 U.S.C. § 552a.

Condition 34
Evaluations: The COPS Office may conduct monitoring or sponsor national evaluations of its award programs. The recipient agrees to cooperate with the monitors and evaluators. 34 U.S.C. § 10385(b).

Condition 35
Extensions: Recipients may request an extension of the award period to receive additional time to implement their award program. Such extensions do not provide additional funding. Only those recipients that can provide a reasonable justification for delays will be granted no-cost extensions. Extension requests must be received prior to the end date of the award. 2 C.F.R. §§ 200.308(f)(10) and 200.309.

Condition 36
Supplementing, not Supplanting: State, local, and tribal government recipients must use award funds to supplement, and not supplant, state, local, or Bureau of Indian Affairs (BIA) funds that are already committed or otherwise would have been committed for award purposes (hiring, training, purchases, and/or activities) during the award period. In other words, state, local, and tribal government recipients may not use COPS Office funds to supplant (replace) state, local, or BIA funds that would have been dedicated to the COPS Office-funded item(s) in the absence of the COPS Office award. 34 U.S.C. § 10384(a).

Condition 37
Modifications: Award modifications are evaluated on a case-by-case basis in accordance with 2 C.F.R. § 200.308(i).

For federal awards in excess of $250,000, any modification request involving the reallocation of funding between budget categories that exceed or are expected to exceed 10 percent (10%) of the total approved budget requires prior written approval by the COPS Office. Regardless of the federal award amount or budget modification percentage, any reallocation of funding is limited to approved budget categories. In addition, any budget modification that changes the scope of the project requires prior written approval by the COPS Office.

Condition 38
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State Information Technology Point of Contact: The recipient agrees to ensure that the appropriate State Information Technology Point of Contact receives written notification regarding any technology or information-sharing project funded by this award during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these award funds.

In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to https://it.ojp.gov/technology-contacts.

Condition 39
Computer Network Requirement: The recipient understands and agrees that no award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. Nothing in this requirement limits the use of funds necessary for any federal, state, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.

Consolidated Appropriations Act, 2024, Public Law 118-42, Division C, Title V, Section 527.

Condition 40
Contracts and/or MOUs with Other Jurisdictions: Items funded under this award must only be used for law enforcement activities or services that benefit your agency and the population that it serves and cannot be utilized by other agencies unless the items benefit the population that your agency serves. [ ] I have read and understand the information presented in this section of the Federal Award Instrument.

Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.

B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.

C. Accept this award on behalf of the applicant.

D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.

Agency Approval
Title of Approving Official
COPS Director
Name of Approving Official
Hugh T. Clements
Signed Date And Time
9/19/24 2:05 AM
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Authorized Representative
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City of Stockton
Legislation Text
File #: 24-1073, Version: 2
ADOPT RESOLUTION TO AUTHORIZE CONSTRUCTION CONTRACT AMENDMENT NO. 1 WITH SORACCO, INC.

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

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

2. Approve Notice of Exemption No. NOE51-24 under the California Environmental Quality Act for the 1.7 Touchless Restrooms, Project No. WP22016; Souza Park Restroom, Project No.

WP24032; and Oak Park Improvements, Project No. WP24044.

3. Approve the plans and specifications for the 1.7 Touchless Restrooms, Project No. WP22016; Souza Park Restroom, Project No. WP24032; and Oak Park Improvements, Project No.

WP24044.

4. Authorize the City Manager to execute Construction Contract Amendment No. 1 in the amount of $1,088,560 with Soracco, Inc. of Lodi, CA, for the installation of seven additional contactless park restrooms and electrical installation costs associated with first-round Exeloo installs.

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
On September 14, 2021, by Motion No. 2021-09-14-1501, Council approved the use of $78,052,072 in the American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds. The updated Council recommendations of priorities and distribution of funds in response to the federal allocation of funds through the ARPA $3,150,000 was allocated towards the purchase and installation of contactless restrooms in City parks.

On August 20, 2024, by Resolution No. 2024-08-20-1236, Council awarded a Construction Contract to Soracco, Inc. of Lodi, CA, the preferred Northern California installer for Exeloo Corporation (Exeloo), in the amount of $454,663, for the Installation of Five Contactless Park Restrooms (1.7 Touchless Restrooms), Project No. WP22016.

It is recommended that Council approve Construction Contract Amendment No. 1 in the amount of $1,088,560 with Soracco, Inc. to fund the installation of seven additional contactless park restrooms and electrical installation costs associated with first-round Exeloo installs, funded by ARPA and discretionary funds.

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It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE51- 24 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the projects. Upon approval of Construction Contract Amendment No. 1, the revised total contract amount will be $1,543,223.

DISCUSSION
Background
Exeloo manufactures prefabricated restrooms that feature self-cleaning, alarms, and scheduled opening and closing. The contactless system performs when touched or if hands are waved before its components. The units feature automatic water, soap, toilet paper, and drying functions and are regularly shut down between uses to wash down the interior. The units are open from 6:00 a.m. through sundown and are automatically locked overnight. These restrooms have been in use at four parks, and park users have heralded their contactless operation as a welcome addition to the parks system.

With Coronavirus Aid, Relief, and Economic Security (CARES) Act funding, Public Works installed four contactless restrooms from Exeloo in Fiscal Year 2020-21. The first four units were installed in 2020 at Oak Park West, Victory Park East, Fremont, and Stribley Parks to replace badly damaged park restrooms.

On September 14, 2021, by Motion No. 2021-09-14-1501, Council approved the use of $78,052,072 in the ARPA Coronavirus State and Local Fiscal Recovery Funds. The updated Council recommendations of priorities and distribution of funds in response to the federal allocation of funds through the ARPA $3,150,000 was allocated towards the purchase and installation of contactless restrooms in City parks.

Soracco, Inc. of Lodi, CA, successfully installed these initial units. Soracco, Inc. has received on-site training from Exeloo on best installation practices and procedures. Exeloo has recognized Soracco, Inc. as the preferred Northern California installer for its attention to detail and skill with a new and unique product. Soracco, Inc. has installed the most units for Exeloo in Northern California.

Soracco, Inc. is a California A&B licensed general engineering and building contractor whose services include underground utilities, concrete, pump stations, mechanical and process piping, grading and paving, general building, on-call service, and commercial and industrial work.

On May 2, 2023, by Resolution No. 2023-05-02-1502, Council approved discretionary funding in the amount of $375,000 for the purchase and installation of an Exeloo restroom at Sousa Park.

On May 14, 2024, by Resolution No. 2024-05-14-1228, Council approved discretionary funding in the amount of $950,000 for the purchase and installation of an Exeloo restroom at Oak Park.

On August 20, 2024, by Resolution No. 2024-08-20-1236, Council awarded a Construction Contract to Soracco, Inc. of Lodi, CA, the preferred Northern California installer for Exeloo, in the amount of $454,663, for the Installation of Five Contactless Park Restrooms (1.7 Touchless Restrooms), Project No. WP22016. The restrooms are to be installed at American Legion Park, Eden Park, Mattie Harrell Park, Oak Park (East), and Victory Park (West).

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Present Situation
The City purchased four two-stall and one three-stall Exeloo contactless restrooms from Exeloo with ARPA funds. These units will replace park restrooms that are subject to repeated vandalism or have been closed due to vandalism in City parks. New units will be installed at the following sites:
· Caldwell Park - The new unit will replace the restroom that was demolished due to arson. · Dentoni Park - The new unit will replace frequently vandalized older restrooms. · Grupe Park - The new unit will add a new restroom on the north side of the park. · Sandman Park - The new unit will add a new restroom near the recently renovated allaccessible playground. · William Brotherhood Park - The new unit will replace the frequently vandalized restrooms.

The City purchased two two-stall Exeloo contactless restrooms from Exeloo using discretionary funding, to be installed at the following sites:
· Oak Park - Near the Northern Little League baseball fields, which has been vandalized multiple times.
· Sousa Park - Installation of a new unit near the playground.

After fabrication, the units will be delivered to Stockton and will need to be installed at their final location. Exeloo does not provide installation services, and Soracco, Inc. is the preferred Northern California installer for Exeloo.

While acquiring permits for the first-round Exeloo installs, staff discovered Soracco, Inc.’s quote did not include the electrical costs required for each install location. Approval of Construction Contract Amendment No. 1 includes $127,080 in funding needed to complete the electrical installs for all five Exeloo units included in first-round installations.

It is recommended that Council approve Construction Contract Amendment No. 1 in the amount of $1,088,560 with Soracco, Inc. of Lodi, CA, for the installation of seven additional contactless park restrooms and electrical installation costs associated with first-round Exeloo installs.

The project 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. NOE51-24 under CEQA.

FINDINGS
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process, including the use of a Single Available Source procurement. These findings include:

1. The City purchased seven prefabricated restrooms from Exeloo. Exeloo fabricates the restrooms in New Zealand and does not provide installation services.

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2. Exeloo Automatic Public Restrooms are an extremely unique product with limited contractors having completed installations in the United States.

3. As the preferred Northern California installer for Exeloo, Soracco, Inc. has received on-site training from Exeloo on best installation practices and procedures.

4. Soracco, Inc. has successfully installed four units for the City of Stockton.

FINANCIAL SUMMARY
There is sufficient funding in the 1.7 Touchless Restrooms, Project No. WP22016; Souza Park Restroom, Project No. WP24032; and Oak Park Improvements, Project No. WP24044, to approve Construction Contract Amendment No. 1 with Soracco, Inc. in the amount of $1,088,560.

The revised total contract amount with Soracco, Inc. is increased to $1,543,223.

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

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Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE51-24,

APPROVING THE PLANS AND SPECIFICATIONS, AND AUTHORIZING CONSTRUCTION CONTRACT AMENDMENT NO. 1 WITH SORACCO, INC. FOR PROJECT NOS. WP22016, WP24032, AND WP24044
The City of Stockton, Public Works Department provides restrooms in community parks for the health and welfare of park users. Exeloo Corporation (Exeloo) contactless restrooms have been identified to provide a cleaner, healthier public restroom experience; and
Public Works has purchased six two-stall and one three-stall Exeloo contactless restrooms from Exeloo. These units will be installed at Caldwell Park, Dentoni Park, Grupe Park, Oak Park, Sandman Park, Sousa Park, and William Brotherhood Park; and Exeloo has recommended that Soracco, Inc. be their preferred installer for units in Northern California; and
Approval of Construction Contract Amendment No. 1 with Soracco, Inc. for installation of these seven Exeloo units will reduce project construction delays and cost increases; 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 findings pursuant to Stockton Municipal Code (SMC) section 3.68.070 in support of an exception to the competitive bidding process.

These findings include:
a. The City purchased seven prefabricated restrooms from Exeloo.

Exeloo fabricates the restrooms in New Zealand and does not provide installation services.
353
b. Exeloo Automatic Public Restrooms are an extremely unique product with limited contractors having completed installations in the United States.
c. As the preferred Northern California installer for Exeloo, Soracco, Inc. has received on-site training from Exeloo on best installation practices and procedures.
d. Soracco, Inc. has successfully installed four units for the City of Stockton.

2. The City Council approves the filing of Notice of Exemption No. NOE51-24 under CEQA for the 1.7 Touchless Restrooms, Project No. WP22016; Souza Park Restroom, Project No. WP24032; and Oak Park Improvements, Project No. WP24044, 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 1.7 Touchless Restrooms, Project No. WP22016; Souza Park Restroom, Project No.

WP24032; and Oak Park Improvements, Project No. WP24044.

4. The City Council authorizes Construction Contract Amendment No. 1, in the amount of $1,088,560, with Soracco, Inc. for the installation of seven additional contactless park restrooms and electrical installation costs associated with first-round Exeloo installs, a copy of which is attached as Exhibit 2 and incorporated by this reference.

5. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED 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
354
TO: COUNTY CLERK

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

CITY OF STOCKTON

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

PROJECT DATA
Project Title: 1.7 TOUCHLESS RESTROOOMS. PROJECT NO WP22016. SOUZA PARK RESTROOM. PROJECT NO. WP20432. AND OAK PARK IMPROVEMENTS. PROJECT NO. WP24044 CEQA Exemption File No.: NOE 51-24
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton's Public Works Department will be installing new contactless restrooms at Caldwell Park (APN 113-290-02. Dentoni Park (APN 072-220-52}. Grupe Park (APN 100-320-04). Oak Park (APN 115-270- 02}. Sandman Park (APN 080-180-18}. Sousa Park (APN 157-040-07} and William Brotherhood Park (APN 169-170-03}.

Please see attachments for more information.

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

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

The activity is exempt under the "general rule" at CEQA Guidelines Section15061 (8)(3).

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.
_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

PUBLIC WORKS DEPARTMENT
By _______________
Colin
�
Scott, Parks Manager _
October 11 2024
(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(8). Said notice or list of notices will remain posted for 35 days from the filing date.

Signature Title
Posting Period Ending Date
EXHIBIT 1
355

CITY OF STOCKTON
CONSTRUCTION CONTRACT AMENDMENT Agreement Number:
2024-08-20-1236
Amendment
Number:
425000133 1
This Amendment Number 1 to the above referenced Agreement is entered into on ________ : between the City of Stockton ("City") and Saracco, Inc. ("Contractor").

RECITALS
Section 10, Change Orders, states 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..

The City needs to execute the first amendment to increase the work associated with the installation of the first five restrooms as well add the installation of an additional seven restrooms.

Now therefore, the City and Contractor mutually agree as follows:

Exhibit A of the contract is updated to include the additional new quotes attached to this amendment.

The total not to exceed amount in Section 2, § Compensation, shall be increased by $1,088,560.00 to $1,543,223.00.

The total working days for the project shall be increased by 160 working days to 238.

All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.

IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
Co !meta ' Name (if other than an individual, state whether a corporation, partnership, etc.):

RICHARD A. SORACCO JR. PRESIDENT
Printed Name and Title of Person Signing
903 E. Lodi Ave Lodi CA 95240
Address

CITY OF STOCKTON
Harry Black, City Manager
ATTEST:

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

Lori M. Asuncion, City Attorney
BY:
(Rev. 2.11.20)
\ t;\ \ 0 \ 2..01J
Date
Date
EXHIBIT 2
356
903 E. Lodi Ave Lodi, CA 95240
Tel: 209-267-4030 Fax: 209-267-4202
www.soraccoinc.com
DIR# 1000051608
Soracco, Inc. – General Engineering & Building Contractor PG 1 of 3
Date: October 7, 2024
Attention: Colin Scott
Company: City of Stockton Parks
Project: Exeloo Restroom Install (Grupe, Brotherhood, Caldwell, Dentoni, Sandman, Souza, & Oak Park) Soracco, Inc., Proposes to bid on the referenced project as a General Contractor for the “Exeloo Restroom Install (Grupe, Brotherhood, Caldwell, Dentoni, Sandman, Souza, & Oak Park) portion of the work required under the general contract and any modifications.

Our proposal is according to email directive (8/30/24) & (9/3/24).

The specification sections for the scope of work quoted by Soracco, Inc., are as follows: Mobilize, Saw Cut Existing Concrete, Off Haul Debris, Footing Layout, Grading, Footing Excavation, Class II AB, Rebar, Concrete Grade Beams, Trenching for Water, Sewer, Power. Backfill, Compaction, Pre-Slab Plumbing. Manhole Sewer Tie-in, Set Restroom, Install Roof, Interior Restroom Work, Site Concrete, Landscape Restoration. Clean Up, Demobilize.

Soracco, Inc. recognizes addendums: 0
***Please see Inclusions & Exclusions on Attached Pages.*** Line Item Unit Est. Qty Unit Price Total Price

1. Sandman LS 1
$125,000.00

2. Grupe LS 1
$131,225.00

3. Sousa LS 1
$148,000.00

4. Dentoni LS 1
$135,300.00

5. Caldwell LS 1 $112,500.00

6. Oak Park Little League LS 1 $169,455.00

7. Brotherhood LS 1 $140,000.00
Total: $
EXHIBIT 2
357
903 E. Lodi Ave Lodi, CA 95240
Tel: 209-267-4030 Fax: 209-267-4202
www.soraccoinc.com
DIR# 1000051608
Soracco, Inc. – General Engineering & Building Contractor PG 2 of 3
Scope of Work: Mobilize, Saw Cut Existing Concrete, Off Haul Debris, Footing Layout, Grading, Footing Excavation, Class II AB, Rebar, Concrete Grade Beams, Trenching for Water, Sewer, Power. Backfill, Compaction, Pre-Slab Plumbing. Manhole Sewer Tie-in, Set Restroom, Install Roof, Interior Restroom Work, Site Concrete, Landscape Restoration. Clean Up, Demobilize.

Price Includes:
• Mobilize
• Saw Cut
• Concrete Demo
• Excavation
• Layout
• Water, Sewer, Power
• Backfill / Compaction (Assumes native excavated spoils will be used for trench backfill.) • Class II AB for Footings
• Trucking
• Restroom Interior Plumbing & Electrical
• Exeloo Install
• Crane
• Roof Install
• Clean Up
• Demobilize
Price Excludes:
• Any applicable surety bonds permits or fees, inspection of inspection costs. • Electrical Installation – Above or underground
• Notification of owners or agencies affected by the work. • Testing, QA-QC plan & inspection, SWPP materials/supplies and/or placement. SWPC manager. • Survey
• Demo of Existing Structures.
• Pipe Material (Hydronic, Gas, Communications)
• Compaction Testing
• De-watering – Trench or other
• Adjustment of any utilities, marking of utilities.
• Shoring – Existing utility shoring
• Repairs of trade damage to our work.
• Pipe abandonment.
• Removal and disposal of any refuse, tree limbs, or garbage piles. Tree trimming. • Other project work items and/or any other work.
• Asbestos abatement.
• Rock excavation: provision of imported or borrowed backfill material.

EXHIBIT 2
358
903 E. Lodi Ave Lodi, CA 95240
Tel: 209-267-4030 Fax: 209-267-4202
www.soraccoinc.com
DIR# 1000051608
Soracco, Inc. – General Engineering & Building Contractor PG 3 of 3
• ANYTHING NOT SPECIFICALLY MENTIONED IN OUR PROPOSAL IS DEEMED EXCLUDED.

Conditions:
• Price is based on one (1) mobilization. Additional mobilizations available @$2,000 per mobilization, plus any additional materials and/or labor. Work to be performed Monday through Friday during normal working hours of 7:00am until 5:00pm. Price for split shift, weekend or night work to be provided upon request. • Soracco, Inc., can provide a Waiver of Subrogation if required. Cost shall be reimbursed by the contractor.

Owner/Prime Contractor to provide a suitable staging area for Soracco operations to use to stockpile spoils, sand, park equipment, and provide hydrant type or suitable water source. • This proposal is based on using conventional construction equipment. We are not responsible for structure damage due to vibrations from our equipment or any reason other than negligence. • Price is subject to change upon review of final plans, soils report, and contract documents. • Price is based on plans prepared by _N/A _ Dated ____, Addendums __N/A_ And a soils report prepared by ___NOT PROVIDED__ Dated _N/A__.
• This bid proposal is good for 90 days.

Credit Terms:
• Soracco’s terms to be discussed
• Interest shall be paid at a rate of 1.5% per month to all late payments.

Acceptance:

Printed Name:

Date:

EXHIBIT 2
359
903 E. Lodi Ave Lodi, CA 95240
Tel: 209-267-4030 Fax: 209-267-4202
www.soraccoinc.com
DIR# 1000051608
Soracco, Inc. – General Engineering & Building Contractor PG 1 of 4
Date: October 7, 2024
Attention: Colin Scott
Company: City of Stockton Parks
Project: Exeloo Restroom Electrical Install (Eden, Legion, Harrell, Victory, and Oak) Soracco, Inc., Proposes to bid on the referenced project as a General Contractor for the “Exeloo Restroom Electrical Install (Eden, Legion, Harrell, Victory, and Oak)” portion of the work required under the general contract and any modifications.

Our proposal is according to plan sheets E1-E3 by HCS Engineering.

The specification sections for the scope of work quoted by Soracco, Inc., are as follows: All of division 26 Electrical.

Bidding plan Sheets E1, E2, E3.

Soracco, Inc. recognizes addendums: 0
***Please see Inclusions & Exclusions on Attached Pages.*** Line Item Unit Est. Qty Unit Price Total Price

1. Mattie Harrell LS 1
$16,790.00

2. American Legion LS 1
$33,465.00

3. Eden LS 1
$43,125.00

4. Victory LS 1
$16,675.00

5. Oak Park LS 1 $17,025.00
Total: $
EXHIBIT 2
360
903 E. Lodi Ave Lodi, CA 95240
Tel: 209-267-4030 Fax: 209-267-4202
www.soraccoinc.com
DIR# 1000051608
Soracco, Inc. – General Engineering & Building Contractor PG 2 of 4
Scope of Work:
• Provide Excavation, Backfill, Compaction, & Sand Bedding through Native Soils. • Demo Existing feeders and Panelboards per comments on plans • F&I PG&E Primary Pipes Stubs as shown on the plans. Additional Footage not shown on plans will be treated as a Change order
• F&I power distribution Pedestals and Concrete housekeeping pads • F&I all underground and aboveground conduits, boxes, fittings, and elbows • F&I all underground and aboveground wiring and terminations • F&I grounding and make all grounding connections at existing restroom Panels • Testing and startup of equipment and systems
• O&M’s and As-Builts
Price Excludes:
• Restroom panels
• Electrical work inside Restrooms
• Any Additional work that is not listed in this proposal • Cost of permits and or Fees (utility, Special Inspections) • Allowances as specified in Specs
• Storm Water Prevention Plan, Setup and maintenance
• Setup and maintenance of BMP’s
• Electrical and Telecommunication Engineering
• 3rd party NETA Testing of power Equipment
• Arc Flash and Coordination Studies
• UL-Recertification of Modified Switchgear, Panels, and Transformers • Off Haul of Spoils
• Off Haul of Bore Mud
• Trenching and Backfilling Through Lime treated Soils. • Excavation and backfill of Contaminated soils
• Rock Removal, Blasting during Excavations
• Hazardous materials Abatement / Asbestos Removal and testing for Asbestos/working around Hazardous Materials • Plywood Backboards
• Cutting and patching of Walls, Ceilings, & Floors
• Roof Penetrations and sealing of Roof Penetrations
• Blocking for Lights, Plugs, etc.
• Access Doors
• Bollards
• Ceiling Wires for supporting light fixtures/equipment in Acoustical ceilings • Cutting, removal, and Patching of Asphalt and Concrete • Repairing any damages done by others
• Demolition, Safe off only
EXHIBIT 2
361
903 E. Lodi Ave Lodi, CA 95240
Tel: 209-267-4030 Fax: 209-267-4202
www.soraccoinc.com
DIR# 1000051608
Soracco, Inc. – General Engineering & Building Contractor PG 3 of 4
• Electric Motors
• Fire Watch
• HVAC Control Conduit & Wire
• VFD’s and Motor starters for HVAC equipment
• Equipment curbs on roof for mechanical and electrical equipment • Painting of Conduits, Fittings, Enclosures, Walls, Ceilings, Etc. • Patching of Ceiling and Walls
• Site Water
• Special Freight
• Special Pump Cables
• Structural Engineering Surveying
• Engineering seismic studies
• Thermostats & Thermostat Wiring
• Turf Repair
• Landscaping, irrigation repair, tree removal, trimming or repairs to existing trees • Irrigation controllers and low Voltage Irrigation wiring • Traffic Control
• Surveying & Staking
• Utility Fees & Coordination
• Fingerprinting and Live Scan Fees
• Parking Fees, Badge ID Fees, Drug Testing
• Trash Removal
• Temporary power and Maintenance of Temp power
• Temporary fencing and toilet
• All Overtime, Shift Work, and/or Premium time
• ANYTHING NOT SPECIFICALLY MENTIONED IN OUR PROPOSAL IS DEEMED EXCLUDED.

EXHIBIT 2
362
903 E. Lodi Ave Lodi, CA 95240
Tel: 209-267-4030 Fax: 209-267-4202
www.soraccoinc.com
DIR# 1000051608
Soracco, Inc. – General Engineering & Building Contractor PG 4 of 4
Conditions:
• Price is based on one (1) mobilization. Additional mobilizations available @$2,000 per mobilization, plus any additional materials and/or labor. Work to be performed Monday through Friday during normal working hours of 7:00am until 5:00pm. Price for split shift, weekend or night work to be provided upon request. • Soracco, Inc., can provide a Waiver of Subrogation if required. Cost shall be reimbursed by the contractor.

Owner/Prime Contractor to provide a suitable staging area for Soracco operations to use to stockpile spoils, sand, park equipment, and provide hydrant type or suitable water source. • This proposal is based on using conventional construction equipment. We are not responsible for structure damage due to vibrations from our equipment or any reason other than negligence. • Price is subject to change upon review of final plans, soils report, and contract documents. • Price is based on plans prepared by HCS Engineering, Dated ____, Addendums __N/A_ And a soils report prepared by ___NOT PROVIDED__ Dated _N/A__.
• This bid proposal is good for 90 days.

Credit Terms:
• Soracco’s terms to be discussed
• Interest shall be paid at a rate of 1.5% per month to all late payments.

Acceptance:

Printed Name:

Date:

EXHIBIT 2
363
City of Stockton
Legislation Text
File #: 24-1056, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE CHANNEL STREET CORRIDOR IMPROVEMENTS

PROJECT

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

1. Approve the plans and specifications for the Channel Street Corridor Improvements, Project No. WT23031.

2. Authorize the City Manager to execute a Cooperative Agreement between the City of Stockton and the San Joaquin Regional Rail Commission for the Channel Street Corridor Improvements, Project No. WT23031.

3. Appropriate San Joaquin Regional Rail Commission funds in the amount of $8,600,000 to the Channel Street Corridor Improvements, Project No. WT23031.

4. Appropriate Affordable Housing and Sustainable Communities funds in the amount of $202,020 to the Channel Street Corridor Improvements, Project No. WT23031.

5. Award a Construction Contract in the amount of $6,284,667.20 to Azul Works, Inc. of San Francisco, CA, for the Channel Street Corridor Improvements, Project No. WT23031.

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 Channel Street Corridor Improvements project is funded by the federal Active Transportation Program (ATP) and local Measure K grant funds. The grant funding for this project was secured by the San Joaquin Regional Rail Commission (SJRRC). The Channel Street Corridor Improvements project will install various measures including crosswalks, bicycle lanes, bulb-outs, sidewalks, curb and gutter, pavement, and lighting to improve the project area's safety and aesthetics. The project is located along Channel Street between Aurora Street and Stanislaus Street, and on Aurora Street, Grant Street, and Stanislaus Street between Miner Avenue and Weber Avenue (Attachment A) SJRRC took the lead in designing the project, and the City will take the lead in construction of the project.

On September 26, 2024, the City received five bids for this project. It is recommended that Council award a Construction Contract to the lowest responsible bidder, Azul Works, Inc. in the amount of City of Stockton Page 1 of 3 Printed on 11/7/2024
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File #: 24-1056, Version: 1
$6,284,667.20. It is also recommended that Council adopt a resolution approving the plans and specifications for the project and a Cooperative Agreement between the City of Stockton and the SJRRC. Construction is anticipated to be completed by summer 2026.

DISCUSSION
Background
The Channel Street Corridor Improvements project is sponsored by the SJRRC and is funded by federal ATP and local Measure K grant funds. The project will install various measures including crosswalks, bicycle lanes, bulb-outs, sidewalks, curb and gutter, pavement, and lighting to improve the project area's safety and aesthetics. The project is located along Channel Street between Aurora Street and Stanislaus Street, and on Aurora Street, Grant Street, and Stanislaus Street between Miner Avenue and Weber Avenue (Attachment A).

The SJRRC is funding this project and took the lead in completing the design of the project to enhance the area near the Cabral train station. The City will assume the lead role during the construction phase, as the project involves improvements made within City-street right-of-way. It is recommended that Council adopt a resolution approving a Cooperative Agreement between the City of Stockton and the SJRRC.

On February 5, 2019, Council approved Resolution No. 2019-02-05-1107 authorizing the City Manager to execute a Disbursement Agreement with Visionary Home Builders to access Affordable Housing and Sustainable Communities (AHSC) grant funding designated for the East Channel Street Corridor Improvements project. On September 6, 2022, the City Manager executed an AHSC Disbursement Agreement that allows the City to access funding in the amount of $202,020 for the East Channel Street Corridor Improvements project.

This project was previously advertised on July 19, 2024, and on August 22, 2024, five bids were received. However, the Notice Inviting Bids published in The Record inadvertently stated that the Local Business Preference Ordinance, Local Employment Ordinance, and Community Workforce and Training Agreement (CWTA) applied to the project. Unfortunately, the project is funded, in part, with ATP funding which does not allow use of the Local Business Preference and the Local Employment Ordinances as well as the CWTA. After consulting with the City Attorney’s Office, it was recommended that all bids be rejected. On September 17, 2024, by Motion No. 2024-09-17-1214, Council approved a motion to reject all bids received.

Present Situation
On September 5, 2024, the Channel Street Corridor Improvements, Project No. WT23031, was readvertised for bids. On September 26, 2024, five bids were received with the following results:

COMPANY NAME BID AMOUNT
Azul Works, Inc. (San Francisco, CA) $6,284,667.20
Dirt Dynasty (Farmington, CA) $6,469,885.40
City of Stockton Page 2 of 3 Printed on 11/7/2024
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File #: 24-1056, Version: 1
Redgwick Construction (Oakland, CA) $6,548,044.60
George Reed, Inc. (Modesto, CA) $6,663,433.00
United Pavement Maintenance (Hughson, CA) $6,701,182.61 Engineer's Estimate $8,262,303.00
The bid from Azul Works, Inc., the lowest 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 Azul Works, Inc. of San Francisco, CA, in the amount of $6,284,667.20.

FINANCIAL SUMMARY
With the appropriation of funds to the Channel Street Corridor Improvements, Project No. WT23031, there will be sufficient funding to award a Construction Contract to Azul Works, Inc. in the amount of $6,284,667.20.

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
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VICINITY MAP

NOT TO SCALE
c::]CITYLIMIT
c::J COUNTY LIMIT
LEGEND

CHANNEL STREET CORRIDOR IMPROVEMENTS,
PROJECT NO. WT23031

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS
- PROJECT LOCATION

ATTACHMENT A
367
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROPRIATING FUNDS, APPROVING THE PLANS AND

SPECIFICATIONS, APPROVING A COOPERATIVE AGREEMENT, AND AWARDING

A CONSTRUCTION CONTRACT FOR THE CHANNEL STREET CORRIDOR IMPROVEMENTS, PROJECT NO. WT23031
On September 26, 2024, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Channel Street Corridor Improvements, Project No. WT23031; and
The project will install various measures including crosswalks, bicycle lanes, bulbouts, sidewalks, curb and gutter, pavement, and lighting to improve the project area's safety and aesthetics. The project is located along Channel Street between Aurora Street and Stanislaus Street, and on Aurora Street, Grant Street, and Stanislaus Street between Miner Avenue and Weber Avenue; and
Azul Works, Inc. is the lowest responsible bidder in the amount of $6,284,667.20, and its bid is responsive and regular in all respects; and Appropriating of funds is needed to fund all remaining costs to complete the construction and staff costs; now, therefore,

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

1. The City Council approves the plans and specifications for the Channel Street Corridor Improvements, Project No. WT23031.

2. The City Council authorizes the City Manager to execute a Cooperative Agreement between the City of Stockton and San Joaquin Regional Rail Commission for the Channel Street Corridor Improvements, Project No. WT23031, a copy of which is attached as Exhibit 1 as incorporated by this reference.

3. The City Council approves the appropriation of San Joaquin Regional Rail Commission funds in the amount of $9,410,852.00 to the Channel Street Corridor Improvements, Project No. WT23031.

4. The City Council approves the appropriation of Affordable Housing and Sustainable Communities funds in the amount of $202,020.00 to the Channel Street Corridor Improvements, Project No. WT23031.
368

5. The City Council awards a Construction Contract between the City of Stockton and Azul Works, Inc. in the amount of $6,284,667.20, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 as incorporated by this reference.

6. 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
369
SJRRC Agreement No: 25-R-40-00