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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.
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____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
______________________________________________________________________________________________ Contractor’sName (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&&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 –
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Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
ATTACHMENT A
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Mark Thomas & Company Inc. consultant services
12/3/2024 2/28/2026
427,500
Professional Services Special Terms & Conditions
ARPA
Mark Thomas & Company Inc.
Matt Brogan, Division Manager + Principal
701 University Avenue, Suite 200 Sacramento, CA 95825
11/14/24
Ϯ
(Rev. 10.30.18)
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
1.1 On December 5, 2023, City Council authorized a resolution (Resolution 2023-12-05-1205) to accept funding for the California Department of Transportation (“Caltrans”) Sustainable Transportation Planning Grant awarded to the San Joaquin Council of Governments (“SJCOG”).
1.2 On May 30, 2024, a Request for Proposals (RFP) was published to solicit proposals from qualified firms for the development of a Downtown Stockton Multimodal Transportation Network and Land Use Compatibility Action Plan, as required by the Caltrans Grant.
1.3 Mark Thomas & Company, Inc. has been selected to perform the activities outlined in PUR 24-041, including the development of an existing conditions analysis, stakeholder and public engagement, an equity and displacement analysis, an alternatives analysis, an action plan, and final report.
1.4 The project area is defined as Oak Street to the north, Center Street to the west, the Amtrak San Joaquins rail corridor to the south, and Airport Way to the east.
1.5 The City is contracting with Mark Thomas to complete all activities required by the Caltrans Grant, including robust public outreach and presentations of the final report.
2. Project Scope
2.1 Contractor shall provide the following services with a total contract amount of Four Hundred Twenty-Seven Thousand Five Hundred Dollars ($427,500). In providing these services, Contractor shall undertake its “best efforts” in attaining the goals and results stated herein which have been mutually agreed upon by Contractor and City.
2.2 Contractor shall provide project management support, including the initiation of a kick-off meeting, regular progress reports, and scheduling and facilitating project management meetings.
2.3 Contractor shall gather resources, conduct a literature review and establish existing conditions, perform a site walk, and synthesize findings into an existing conditions report. Contractor shall identify and
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adopt project goals and objectives during the development of the existing conditions report. Contractor shall use geospatial information system (GIS) data and physical obser vations to map the existing and planned land uses in the study area.
2.4 Contractor shall develop a public engagement plan outlining the planned effort for engaging the public, agency representatives, disadvantaged and underserved community members, businesses, property owners, community-based organizations, and other interested stakeholders.
2.5 Contractor shall prepare a project logo and style guide for the project.
2.6 Contractor shall develop a three-phased outreach approach as follows:
x Phase 1 – Identify stakeholder concerns, Project Area challenges, and improve public awareness.
x Phase 2 – Identify Project Area opportunities, improvement strategies, and improve public awareness.
x Phase 3 – Capture feedback on the Draft Alternatives, including policies, strategies, and improvements.
2.7 Contractor shall plan, attend, and facilitate up to six (6) stakeholder working group meetings with a diverse group of community members and the key project stakeholders.
2.8 Contractor shall plan, attend, and facilitate up to three (3) focus meetings with key stakeholders.
2.9 Contractor shall canvass at six (6) community events/festivals/social support facilities.
2.10 Contractor shall develop, maintain, and distribute three (3) project surveys, both online and hard copy.
2.11 Contractor shall plan, attend, and facilitate three (3) in-person public workshops.
2.12 Contractor shall provide language translation in English and Spanish for any and all engagement collateral.
2.13 Contractor shall develop, maintain, and distribute a transit customer experience survey, in collaboration with the City, Regional Transit District (RTD), and San Joaquin Regional Rail Commission (SJRRC).
2.14 Contractor shall develop and equity and displacement analysis, focusing on three overarching goals:
x Produce new housing at all income levels;
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x Preserve existing housing that is affordable to lower- and moderate- income households; and
x Protect existing residents from displacement as housing and other costs increase.
2.15 Contractor shall develop an alternatives analysis, with the purpose of developing land use analysis and toolbox strategies for redevelopment opportunities.
2.16 Contractor shall ensure the analysis includes a study of transit stops and lines that stop at the Cabral Station, and that subsequent reports propose scenarios where all RTD express buses (both 44 and 47) serve Cabral.
2.17 Contractor shall develop multimodal transportation improvement strategies to address the documented need through qualitative and quantitative analysis, as well as stakeholder input.
2.18 Contractor shall identify a set of Draft Alternatives that illustrate potential scenarios for how a safe, secure, sustainable, and multimodal Downtown Stockton community could be achieved.
2.19 Contractor shall explore the potential for consolidating both Stockton rail stations beyond the 10-year horizon.
2.20 Contractor shall conduct a benefit cost analysis and economic impact study of transportation and land use strategies included in the Draft Alternatives, for up to three project alternatives.
2.21 Contractor shall identify and develop the Recommended Final Project Alternative, based on the feedback received from project stakeholders and outreach initiatives.
2.22 Contractor shall prepare a financial roadmap and strategy that includes cost estimates for recommended strategies, private and public funding resources that can best be leveraged for implementing the Recommended Final Project Alternative, and other relevant financial information that would support the successful and efficient implementation of the Plan.
2.23 Contractor shall identify strategy priorities for implementation through an Action and Phasing Plan that accounts for capital costs, strategy ranking, phasing of improvements, and any respective lead agencies.
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2.24 Contractor shall develop a Summary Report by integrating finalized deliverables such as the technical memorandums with summaries of tasks, processes, and outcomes.
2.25 Contractor shall develop a Final Draft Report based on comments received on the Public Review Draft Report.
2.26 Contractor shall develop a final Downtown Stockton Multimodal Transportation Network and Land Use Compatibility Action Plan, based on the results of all prior activities.
2.27 Contractor shall prepare PowerPoint presentation slides, support staff report development, and present at up to four (4) meetings to the Stockton City Council, RTD Board of Directors, SJRRC Board of Directors, and SJCOG Board of Directors on the Final Report.
3. Specifications
3.1 Contractor shall perform the Project Scope activities outlined above and as enumerated in PUR 24-041.
3.2 Contractor has provided a Consultant Contract Disadvantaged Business Enterprise (DBE) Commitment, as documented in Appendix B.
3.3 Contractor shall utilize Caltrans form ADM-3069 to document DBE utilization within each invoice and provide to the City as outlined in Exhibit E (Compensation).
4. Major Deliverables
4.1 Contractor shall provide the following deliverables through the terms of the contract:
x Project kick-off meeting (agenda and notes).
x Data Needs Memorandum.
x Project Team Management, Schedule, Monthly Invoices, and Progress Reports.
x Monthly PM meetings (agenda and notes).
x Literature Review Technical Memorandum
x Site Walk (assume one in-person event)
x Existing Conditions Mapping & Analysis
x Existing Conditions Report (Draft & Final)
x Stakeholder Working Group meetings (assume five virtual meetings, one in-person meeting)
x Focus meetings with key stakeh olders (assume three virtual meetings)
x Canvassing Events (assume six events)
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x Project surveys (assume three online surveys, with hard copy versions)
x Public workshops (assume three in-person events)
x Project website content
x Fact sheet (English and Spanish)
x Workshop flyer (English and Spanish)
x Transit Customer Experience Study
x Meeting Materials: PowerPoint Presentations, flyers, website announcements, sign-in sheets, agendas, meeting minutes, etc.) x Engagement Summary Technical Memorandum
x Land Use and Transportation Consistency Review
x Toolbox Strategies
x Benefit Cost Analysis & Economic Impact Study
x Draft Alternatives
x Recommended Final Project Alternative
x Financial Plan
x Action & Phasing Plan
x Draft: Downtown Stockton Multimodal Transportation Network and Land Use Plan
x List of comments received during review process, including public input
x Final: Downtown Stockton Multimodal Transportation Network and Land Use Plan
x Attendance at four elected officials Council/Board meetings (assume agenda, presentation and staff report at four meetings)
5. Tasks That Support the Deliverables
5.1 City staff shall identify key sta ff member who will serve as Contractor contact.
5.2 City staff shall participate in all meetings coordinated by Contractor.
5.3 City staff shall promptly review and provide feedback to draft reports or materials provided by Contractor.
5.4 City staff shall promptly respond to any technical memorandum requests from Contractor.
5.5 City staff shall provide a list of primary contacts for relevant organizations in the downtown area.
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6. Criteria of Acceptance for Deliverables
6.1 Contractor shall provide a monthly report of activities performed under the term of this Agreement.
6.2 Contractor shall provide drafts of documents for review and comments by City staff.
6.3 Contractor shall make any necessary revisions to the draft reports based on feedback received from City staff.
7. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: Cit y:
Mark Thomas & Company, Inc. Cit y of Stockton
Attn: Matt Brogan, Principal Attn: Cit y Manager
701 University Ave, Suite 200 425 N. El Dorado Street
Sacramento, CA 95825 Stockton, CA 95202
8. Key Personnel
Matt Brogan, Mark Thomas, Principal
Amber Collins, Mark Thomas, Project Director
Sam Sharvini, Mark Thomas, Project Manager
Ryan Bissegger, Mark Thomas, Director
Carrie Wright, City of Stockton, Director of Economic Development Jordan Peterson, City of Stockton, Deputy Director of Redevelopment Angelina Abella, City of Stockton, Senior Economic Development Analyst Gnim Dith, City of Stockton, Program Manager I
9. Option to Renew
The term of the Agreement may be extended by a written amendment executed by both parties.
ATTACHMENT A
REV 2024-11-8
Exhibit B:
Insurance Requirements for Consultant Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE 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 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability : ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation : as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) : Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 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 higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
ATTACHMENT A
REV 2024-11-8
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, except for Professional Liability, 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 also applies 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. 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.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
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
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REV 2024-11-8
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.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
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. 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.
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:
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REV 2024-11-8
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202
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1
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM; Mod 11.12.24 TA)
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, practicing in the same or similar locality, under similar circumstances 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 final professional work product including 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 San Joaquin Council of Governments (SJCOG). All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are
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(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM; Mod 11.12.24 TA) 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. Any reuse by City for another project or project location shall be at City’s sole risk.
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, to the extent such failure is caused by Contractor’s unreasonable delay, 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
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(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM; Mod 11.12.24 TA) 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 necessa ry, 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 Agr eement any third pers ons 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 Agr eement any third pers ons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of empl oyment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that all Subcontractors must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Subcontractors personnel.
11. Termination.
11.1 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 Termination for Material Breach by Contractor. The Contractor may terminate this Agreement if the City materially breaches this Agreement, as specified in
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(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM; Mod 11.12.24 TA) this paragraph. Contractor shall notify the City in writing of the alleged breach. Upon receipt of the notice, City shall have ten (10) days to cure the breach. If the City does not respond or fails to cure the breach within the ten (10) day period, the Agreement shall then be deemed terminated, and no further work shall be performed by Contractor.
If the Agreement is so terminated for City’s material breach, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.
11.3 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.
11.4 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 avail able and until the Contractor has received fundin g availability, which will be confirmed in writing. If funding for any fiscal year is r educed or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability . The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s
performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement.
These
obligations shall survive the completion or termination of this agreement.
14. Insurance . During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by
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(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM; Mod 11.12.24 TA) certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws . Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
17. Licenses, Certifications and Permits . Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits . Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be 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
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(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM; Mod 11.12.24 TA) 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.
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, representative s 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 pers on receiving services under this Agreement because of race, religion, color, national orig in, 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 subcon tractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrim ination and equal opportunity, including without limitation the City’s nondiscrimination polic y; 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 subjec ted to discriminatio n 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.
ATTACHMENT A
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM; Mod 11.12.24 TA)
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 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.
ATTACHMENT A
1ϵ
(Rev. 07.12.22; Mod 11.12.24 TA)
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 q uantifiable 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 endeavor to 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
ATTACHMENT A
2Ϭ
(Rev. 07.12.22; Mod 11.12.24 TA)
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 exerci se 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 Contract or of its responsibility for the professional skill and care and technical accura cy 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
ATTACHMENT A
Ϯϭ
(Rev. 07.12.22; Mod 11.12.24 TA)
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 employ ees 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.
ATTACHMENT A
ϮϮ
(Rev. 07.12.22; Mod 11.12.24 TA)
8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law, the Contractor’s professional code of ethics 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
In accordance with the sub-grantee agreement between the San Joaquin Council of Governments and City of Stockton, neither the City nor Contractor shall have copyrights of reports or products of this Agreement.
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.
ATTACHMENT A
Ϯϯ
(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 $427,500 (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 E (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 reimbu rsed in accordance with the City’s travel policy, which is incorporated herein by reference. Travel reimbursement and per diems shall be at rates not to exceed those amounts set by the California Department of Human Resources (CalHR). Reimbursement for travel 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
ATTACHMENT A
2ϰ
(Rev. 10.30.18)
additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
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. No markup shall be allowed on subcontractor invoices.
2. Task Price . Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
Task Task Description Cost
All Project Management
x Project Initiation
x Project Management
x Project Manager Meetings
1 Existing Conditions
x Data Collection & Literature Review
x Site Walk
x Land Use Network Review
x Transportation Network Review
$78,473
2 Stakeholder/Public
Engagement
x Public Engagement
x Stakeholder Engagement
x Public Engagement Activities
x Customer Experience Study
$107,206
3 Equity/Displacement
Analysis
x Equity Analysis
x Displacement Analysis $35,155
4 Alternatives Analysis
x Land Use Analysis/Toolbox Strategies
x Multimodal Analysis/Toolbox Strategies
x Benefit Cost Analysis/Economic Impact
Study
x Draft Alternatives
x Recommend Final Alternative
$105,758
5 Project
Strategy/Action Plan
x Financial Plan
x Action & Phasing Plan $61,606
6 Summary Report x Summary Report
x Final Presentations $39,302
TOTAL PRICE $427,500
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
ATTACHMENT A
Ϯϱ
(Rev. 10.30.18)
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 A
greement.
Hourly Billable Rate Schedule
See attached Mark Thomas Rate Schedule, incorporated as Appendix A.
4. Additional Fees. Should an amendment to the Agreement be issued for additional services, the unit prices shall adhere to the above hourly billable rate schedule.
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. All invoices must include the Caltrans form ADM-3069 to document DBE utilization. Invoices shall be submitted to the below address:
City of Stockton Economic Development Department
Attention: Economic Development Department
400 E. Main Street, 4
th Floor
Stockton, CA 95202
ATTACHMENT A
Ϯϲ
(Rev, 10.27.22)
EXHIBIT F
TIMELINE
1. Contractor shall complete the requested services identified in Exhibit A as follows:
TIMELINE FOR COMPLETION OF WORK
Task Schedule
Project Management Throughout Contract
Existing Conditions December 2024 – February 2025
Stakeholder & Public Engagement December 2024 – December 2025 Equity & Displacement Analysis December 2024 – April 2025 Alternatives Analysis March 2025 – December 2025
Project Strategy & Action Plan October 2025 – December 2025 Summary Report October 2025 – February 2026
ATTACHMENT A
Engineering & Planning Surveying
Intern $8 Survey Division Manager $3
Technician
District Management
$6
* Inspector - Apprentice
$* Inspector $1 Survey Manager II $2 Design Engineer I $1 * Sr. Inspector $1 Survey Manager I $2 Design Engineer II Assistant Sanitary Engineer $1 Project Surveyor III $2 Sr. Technician Associate Sanitary Engineer $1 Project Surveyor II $ Civil Engineering Designer Sanitary Project Engineer $2 Project Surveyor I $1 Project Engineer Sr. Sanitary Project Engineer $2 Asst Surveyor III $15
Sr. Project Engineer Operations Manager $2 Asst Surveyor II $1 Sr. Technical Engineer Deputy District Manager $3 Asst Surveyor I $12 Project Manager
$14
$1
$1
$1
$186
$1
$2 District Manager-Engineer $3 Survey Specialist III $2 Technical Lead Survey Specialist II $1
Sr. Project Manager
$2
$2 Project Support/Coordination Survey Specialist I $1 Sr. Technical Lead Project Assistant $
Lead Survey Technician $1
Engineering Manager Technical Writer $
Survey Technician III $1
Design Manager Sr. Project Assistant $1 Survey Technician II $1 Sr. Engineering Manager Project Coordinator $1 Survey Technician I $11 Principal
$2
$3
$3
$3
$4 Graphic Designer $1 * Chief of Party (OE3) $1 Sr. Technical Writer $1 * Instrumentperson (OE3) $1 Construction Management Project Accountant $ * Chainperson (OE3) $15
Office Technician Sr. Project Coordinator $1 * Apprentice (OE3) $1 Office Engineer Sr. Graphic Designer $1 * 2-Person Crew (OE3) $3 * Asst. Resident Engineer Sr. Project Accountant $1 * 3-Person Crew (OE3) $4 * Inspector - CM Sr. Graphic Manager $1 * Utility Locator (PW North) $1 Project Controls/Scheduler
$8
$1
$2
$2
$2 Project Accountant Manager $1
* 2-person Utility Locate (PW North) $2
Resident Engineer * Chief of Party (OE12) $2
Project Manager - CM
$2
$2
Landscape Architecture/Urban Design * Instrumentperson (OE12) $1
Sr. Project Manager - CM Landscape Intern $6
* Chainperson (OE12) $1
Sr. Resident Engineer Landscape Designer I $9
* Apprentice (OE12) $1
Division Manager - CM Landscape Designer II $1 * 2-Person Crew (OE12) $3
Area Manager - CM
$2
$
$3
$3
Landscape Architect $1 * 3-Person Crew (OE12) $
Sr. Landscape Architect $1 * Utility Locator (PW South) $1
Planning LAUD Project Manager $2 * 2-person Utility Locate (PW South) $3
Planner I $9
Sr. LAUD Project Manager $2
Planner II $1 LAUD Division Manager $2
Sr. Planner $14
Grant Writing Special Services
Funding Specialist $1 Expert Witness $
Sr. Funding Specialist $1
Strategic Consulting $
Funding Manager $2
MARK THOMAS & COMPANY, INC. RATE SCHEDULE
EXPIRES JUNE 30, 202
This rate schedule expires June 30, 202; rates are subject to escalation with new hourly rate schedule as of July 1, 202 * These charge rates are subject to Prevailing Wage laws and Union contract.
Mileage will be billed per current &DO+5 Rate .
RATE SCHEDULE (Y) | PAGE 1 OF 1
APPENDIX A
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APPENDIX% ATTACHMENT A
DOWNTOWN STOCKTON MULTIMODAL TRANSPORTATION NETWORK AND LAND USE PLA City of Stockton
Stockton, CA
Mark Thomas & Company, In
2$ 129,378.00
27,500.00
Conduct a site walk, support
development of the Public Engagement 44211 Port City Marketing Solutions (209) 965-7678 $ 14,552.00
14,552.00
3.40 11/13/24
Sam Sharvini (949) 247-3938
Project Manager
Sam Sharvini
Digitally signed by Sam Sharvini
Date: 2024.11.13 17:42:20 -08'00'