The first-named manufacturer is the basis for the project design and the use of alternative-named or unnamed manufacturer's products proposed by the Contractor may require modifications in the project design and construction. Where only one product has been named by brand, it is the only EXHIBIT 2
1168
Materials and Equipment
01600-2
brand, trade name, or manufactured product known to the Design Consultant that meets these Specifications.
Wherever catalog numbers and specific brands or trade names not preceded by designation "similar and equal" nor followed by the designation "or equal", are used in conjunction with a designated material, product, thing, installation, or service mentioned in these Specifications, to ensure compatibility with existing facilities, no substitutions will be allowed. Reference Paragraph 00100-19.0, Substitutions During Bidding.
3.2 Substitutions
Substitutions which are equal in quality and utility to those specified will be permitted, subject to the following provisions. For this purpose, the Contractor shall submit to the Construction Manager in accordance with Public Contract Code Section 3400, no later than thirty five (35) days after the Notice to Proceed, a typewritten list containing a description of each proposed substitute item or material. Sufficient data, drawings, samples, literature, calculations, or other detailed information as will demonstrate to the Design Consultant that the proposed substitute is equal in quality and utility to the material specified shall be appended to this list. The Design Consultant will favorably review in writing such proposed substitutions as are, in its opinion, equal in quality to the items or materials specified. In the event that a substitute is favorably reviewed, fifty percent (50%) of all savings shall be credited to the City.
Failure of the Contractor to submit proposed substitutions for review in the manner described above and within the time prescribed shall be sufficient cause for rejection by the Construction Manager of any substitutions otherwise proposed.
3.3 Modifications and Costs
If named alternatives or substitutions are proposed by the Contractor and favorably reviewed by the Design Consultant, the Contractor is responsible for providing, at no additional cost to the City, any electrical, mechanical, structural, or other related changes or testing that may be required to accommodate or provide the particular material or equipment the Contractor desires to use. Any deviation from the Specifications or the Drawings resulting from the type of material or equipment to be used shall not be the basis for any "extra charges" above and in excess of the original bid price of the work.
In addition the Contractor is responsible for all additional costs to the City, and its agents and representatives, for evaluation of data submitted by the Contractor for alternative named or substitutions and any redesign necessary. The City shall deduct said costs from the Contract monies due the Contractor.
*** END OF SECTION ***
EXHIBIT 2
1169
Materials and Equipment
01600-3
EXHIBIT 2
1170
System Testing
01660-1
SECTION 01660 - SYSTEM TESTING
The Contractor shall test the facilities as specified in the City of Stockton Standard Plans and Specifications.
The Contractor shall provide all necessary facilities for conducting the tests, including but not limited to, personnel, power, water equipment, and chemicals. The Contractor shall provide the required minimum notice to the Construction Manager of its readiness and intent prior to each test. *** END OF SECTION ***
EXHIBIT 2
1171
System Testing
01660-2
EXHIBIT 2
1172
Training
01670-1
SECTION 01670 - TRAINING
1.0 GENERAL
Conduct an instruction program for City's operation and maintenance personnel. Provide training for the purpose of familiarizing the City's personnel with the proper operation and maintenance of all equipment. Training shall include both classroom instruction and "hands-on" instruction held at the equipment.
Additional specific requirements for each type of equipment and/or system are identified in the Specification sections covering the various project equipment and/or systems.
2.0 INSTRUCTORS
Training for an individual component within a system shall be performed by the manufacturer’s factory-certified personnel. Training provided by the system fabricator, packager, integrator, or supplier shall be in addition to the component training.
Training instructors shall be trained and familiar with giving both classroom and hands-on field training.
3.0 SCHEDULING
Conduct training after the equipment has been installed, tested, and adjusted, and prior to City acceptance for beneficial occupancy or substantial completion of the respective equipment item, unless required earlier in the progress of the work the Specification section covering that equipment or system. Training shall be a prerequisite for acceptance.
Schedule instruction periods acceptable to the City, and provide formal written notice of the proposed instruction period at least fourteen (14) days prior to commencement of the instruction period. The City will review and comment on the proposed training schedule to accommodate scheduling of its shift personnel and ongoing or forecasted workload. The duration of the training sessions may vary from one hour up through multiple days, and should be based upon the complexity of the equipment involved and the training required.
For operation and routine maintenance instruction, three separate but identical training sessions for each respective equipment item or system shall be required (on different days or sets of days for multiple day sessions) to accommodate the scheduling of City’s shift personnel and City’s workload. For detailed maintenance and overhaul training, and for detailed troubleshooting, repair, and programming instruction for electrical and instrumentation equipment, two separate but identical training sessions (on different days or sets of days for multiple day sessions) shall be required for each respective equipment item or system.
4.0 INSTRUCTION PROGRAM
Instruction programs shall include basic system operation theory, troubleshooting, routine maintenance and repair, "hands-on" operation of equipment, and rebuild/overhaul procedures.
Provide copies of all training material (graphs, diagrams, cut-a ways, charts, descriptions, EXHIBIT 2
1173
Training
01670-2
instructions, etc.) used in the training sessions for the use of City's personnel in attendance and for insertion into the O&M manuals. All training material shall become the property of the City.
Instructors shall prepare a typed agenda for each training session and submit to City with the proposed training schedule twenty-one (21) days prior to the proposed commencement of the training period. City will review and comment on the adequacy of the proposed training and training schedule. Instructors shall obtain City approval of each training session agenda prior to the start of its respective session.
Training sessions, and their respective agendas, shall be organized into topic groupings to allow City to coordinate personnel attendance with the topics being taught. For example, operators do not need to attend overhaul training. Agenda shall also include a statement of the intended audience, list of major training topics, goals and objectives for each major training topic, and motivational statements (i.e. why is this important).
Training sessions shall cover the information required in the Operation and Maintenance manuals submitted in accordance with Section 01300 and the following topics, as applicable:
a. Operation, including theory of operation, start-up procedures, shutdown procedures, instrumentation and controls
b. Lubrication, including changing of major fluids
c. Operation safety
d. Emergency situation response
e. Troubleshooting
f. Preventive maintenance procedures
g. Optimizing life of equipment components
h. Maintenance, including adjustment and/or removal and replacement of wear components
i. Overhaul and repair, including takedown procedures, disassembly and assembly j. Programming
k. Record keeping
Training for overhaul and repair on mechanical equipment, and for troubleshooting, repair, and programming on electrical, instrumentation, and control equipment shall provide sufficient detail, duration, and quality to result in factory certification for City staff receiving such training, where factory certification is available. This training shall include an examination to determine the competency of the participating students. All tests shall be scored by the instructor and results submitted to the City. Certificates shall be issued by the manufacturer to those students demonstrating a level of competency acceptable to the manufacturer. The manufacturer/instructor shall anticipate training City staff to this level of detail as follows:
Mechanical Equipment Two separate sessions with four City maintenance staff in each session (separate days)
Electrical, Instrumentation and control Two separate sessions with four City maintenance staff in each session (separate days)
5.0 LOCATION
All training shall be conducted at City facilities, except that training for factory certification in troubleshooting, repair, and programming of electrical, instrumentation, and control equipment may occur at the manufacturer's facility, at the manufacturer's option. Should the manufacturer choose to conduct this factory certification training at its facilities, the Contractor shall arrange for and pay EXHIBIT 2
1174
Training
01670-3
all costs for travel, lodging, meals, and other associated expenses for City staff to travel to and from, and receive training at, the manufacturer's facility, at no additional cost to the City.
6.0 RECORDING OF TRAINING SESSIONS
Contractor shall record in color using DVD format, every session of the instruction program for each respective equipment item or system. Recording shall be performed by a person experienced in the operation of video recording equipment. Care shall be taken to properly place the camera, and provide adequate lighting and sound systems to ensure good video and audio quality. The final submitted DVD shall be subject to City approval and acceptance.
For video recording of "hands-on" training at the equipment, ambient noise shall be considered too loud to obtain satisfactory sound quality. For "hands-on" training sessions at the equipment, the recording shall be done without sound and the instructor shall dub a detailed narrative onto the recording by a means that will provide sound quality satisfactory to the City. Contractor shall propose a dubbing methodology to the City for approval prior to the first "hands-on" training session.
Contractor is not required to video record factory certification training that occurs at the manufacturer's facilities, but shall record any such training that occurs at City facilities.
Label each DVD identifying the session and respective equipment item or system. Multiple sessions of the same instruction program may be contained on the same DVD, but only one equipment item or system shall be recorded on the same DVD. The original and one copy of each DVD shall be submitted to the City within seven days following completion of each respective instruction program and any post-session dubbing. Responsibility for coordinating and providing all equipment, including video recorder and microphones, necessary to satisfactorily record each session, including all associated costs, shall be borne by the Contractor at no additional cost to the City.
*** END OF SECTION ***
EXHIBIT 2
1175
Training
01670-4
EXHIBIT 2
1176
Contract Closeout
01700-1
SECTION 01700 - CONTRACT CLOSEOUT
1.0 INSTRUCTION MANUALS
All Instruction Manuals shall be submitted to, and approval by the Construction Manager obtained, prior to seventy-five (75) percent of the work being completed, or prior to the City taking beneficial occupancy of any equipment or facility, whichever occurs first. Incomplete or unacceptable Instruction Manuals as determined by the Construction Manager shall constitute justification for withholding all or any portion of progress payments.
2.0 EQUIPMENT START-UP
After all acceptance tests have been completed by the Contractor and City, but prior to final acceptance, the Contractor shall recheck all equipment for proper alignment, adjustment, and calibration, check oil levels, re-lubricate all bearing and wearing points, and in general assure that all equipment is in proper condition for regular continuous operation.
3.0 FINAL CLEANING
3.1 Final Clean Up
Before final inspection of the Work, the Contractor shall clean the construction area, material sites, adjacent property and streets, and all ground occupied by the Contractor in connection with the Work of all rubbish, excess materials, form lumber, etc. All parts of the Work shall be left in a neat and presentable condition.
3.2 Final Building Clean-Up
On all building projects and wherever else applicable, besides general broom cleaning, the following special cleaning shall be performed at completion of the Work:
a. Putty stains and paint shall be removed from glass; glass shall be washed and polished, inside and outside. Care shall be exercised so as not to scratch glass. b. Marks, stains, fingerprints, and other soil and dirt shall be removed from painted, decorated, or stained work.
c. Waxed woodwork shall be cleaned and polished.
d. Hardware shall be cleaned and polished of all traces; this shall include removal of stains, dust, dirt, paints, and blemishes.
e. Spots, soil, paint, plaster, and concrete shall be removed from tile; tile work shall be washed afterwards.
f. Fixtures and equipment shall be cleaned, and stains, paint, dirt, and dust shall be removed.
EXHIBIT 2
1177
Contract Closeout
01700-2
g. Temporary floor protections shall be removed; floors shall be cleaned, waxed, and buffed.
h. Dust, cobwebs, and traces of insects and dirt shall be removed.
4.0 PROJECT COMPLETION
4.1 Substantial Completion
Substantial Completion is the date upon which written acceptance by the Owner has occurred stating that the construction of facilities is sufficiently completed in accordance with the Contract Documents, such that specific facilities can be utilized for the purpose for which they are intended, and the Owner thereupon takes beneficial occupancy of each facility.
4.2 Final Completion
Final Completion is the date upon which written acceptance by the Owner has occurred stating that the Construction of all remaining Work as required by the Contract Documents, has been completed in accordance with the Contract Documents. The following items as they pertain to all remaining Work of the Project are included in the requirements which shall be completed prior to Final Completion being certified:
a. Removal and disposal of all non-salvageable materials, and clean-up of the project area. b. Correction of all work deficiencies and/or non-compliance items. The punch list for the entire Contract shall be resolved to the Owner's satisfaction prior to Final Completion. c. Written certification by the Contractor stating that all the above items have been accomplished and a request that the Owner accept the project as having attained "Final Completion.”
A. Submit following Closeout Submittals upon Substantial Completion or upon completion of the Work and at least 7 days prior to submitting Application for Final Payment:
1. Evidence of Compliance with Requirements of Governing Authorities.
2. Project Record Documents
3. Operation and Maintenance Manuals.
4. Warranties and Bonds.
5. Keys and Keying Schedule.
6. Evidence of Payment and Release of Liens and/or Stop Payment Notices as outlined in Conditions of the Contract.
7. Release of claims as outlined in Conditions of the Contract.
8. Survey Record Documents as specified in Section 01722.
9. Certificate of Final Completion.
EXHIBIT 2
1178
Contract Closeout
01700-3
4.3 PROJECT RECORD DOCUMENTS
A. Maintain at Project site, available to the City and Construction Manager, 1 copy of the Contract Documents, shop drawings, and other submittals in good order:
1. Mark and record field changes and detailed information contained in submittals and change orders.
2. Record actual depths, horizontal and vertical location of underground pipes, duct banks, and other buried utilities. Reference dimensions to permanent surface features.
3. Identify specific details of pipe connections, location of existing buried features located during excavation, and the final locations of piping, equipment, electrical conduits, manholes, and pull boxes.
4. Identify location of spare conduits including beginning, ending, and routing through pull boxes and manholes. Record spare conductors, including number and size, within spare conduits and filled conduits.
5. Provide schedules, lists, layout drawings, and wiring diagrams.
6. Make annotations with erasable colored pencil conforming to the following color code:
Additions: Red
Deletions: Green
Comments Blue
Dimensions: Graphite
B. Maintain documents separate from those used for construction:
1. Label documents "RECORD DOCUMENTS."
C. Keep documents current:
1. Record required information at the time the material and equipment is installed and before permanently concealing.
D. Deliver record documents with transmittal letter containing date, Project title, Contractor's name and address, list of documents, and signature of Contractor.
E. During progress meetings, record documents will be reviewed to ascertain that changes have been recorded.
5.0 GUARANTEE
The Contractor shall guarantee that the equipment, materials and workmanship furnished under this Contract, including all work and materials provided by subcontractors or manufacturers of packaged equipment components, will be as specified and will be free from defects for a one-year guarantee period, starting from the date of Substantial Completion of the Work, unless a longer period of time is prescribed by law or required by special provisions elsewhere in the Contract Documents and except as otherwise noted herein. In addition, the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. The Contractor also agrees to indemnify, defend, and hold the City harmless from liability of any kind arising from damage due to said defects. The Contractor shall execute and submit a completed Warranty Form prior to the Substantial Completion date or the final acceptance of the project or within five (5) days of the occupancy or use of a portion of the Work, whichever is applicable.
EXHIBIT 2
1179
Contract Closeout
01700-4
If a specific item (or items) of equipment or material cannot be utilized by the City at Substantial Completion because the Work is incomplete or defective, the guarantee for that item (or items) shall begin when the City is provided beneficial use. Beneficial use for any such items shall be provided prior to Final Completion.
In the event warranty work involves repair or replacement of parts, machine work, or any other work which affects the equipment or materials installed under this Contract, the Contractor's guarantee on such items and work shall be extended for a period of one year from the date of installation of said replacement items, or the performance of said repair or replacement work.
Within the guarantee period and upon notification of the Contractor by the City, the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects, failure or abnormalities which, in the judgment of the City, become necessary during such period. The cost of all materials, parts, labor, transportation, supervision, special tools and supplies required for correction of defects, failure or abnormalities shall be paid by the Contractor and its Surety. If, within ten (10) days, unless specified otherwise by the City, after the City gives the Contractor notice of a defect, failure, or abnormality of the Work, the Contractor neglects to make the necessary repair or adjustments, the City may make the repair or adjustments or order the Work to be done by a third party, with the cost of the Work to be paid by the Contractor and its Surety. In the event of an emergency where, in the judgment of the City, delay would cause serious loss or damage, repairs or adjustments may be made by the City, without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor and its Surety.
The City and the Contractor agree that guarantee period on the parts of the work possessed and used by the City in accordance with Paragraph 00700-3.5, City's Right to Use or Occupy, shall commence on the date that the City takes possession of such work and so notifies the Contractor in writing. The City and Contractor further agree that such possession and use of the work shall not be deemed as Substantial Completion or acceptance of any other part of the Work.
Prior to the expiration of the guarantee period, the City reserves the right to hold a meeting and require the attendance of the Contractor. The purpose of the meeting is to review warranties, bonds and maintenance requirements and determine required repair or replacement of defective items.
For the purpose of this Section, acceptance of the Work or a portion of the Work by the City, shall not extinguish any covenant or agreement on the part of the Contractor to be performed or fulfilled under this Contract which has not, in fact, been performed or fulfilled at the time of such acceptance. All covenants and agreements shall continue to be binding on the Contractor until they have been fulfilled. *** END OF SECTION ***
EXHIBIT 2
1180
SECTION 01800 – TECHNICAL SPECIFICATIONS
GENERAL DESCRIPTION OF SERVICES
Contractor to furnish all labor, materials, and equipment required to remove, haul, and disposal of the existing lava rock media, demolition of the existing support grating & mesh screen, removal and salvage existing air distribution plates, furnish and install new media, new mesh screen, new support grating, reinstall existing air distribution plates, and repair the bioscrubber leaks.
LAVA ROCKS MEDIA QUANTITY
The estimated quantity of the media to be removed is approximately 250 tons in the bioscrubber. The quantities of the media to be removed are approximate and are subject to increase or decrease.
EQUIPMENT SETUP AND STAGING AREA
The area near the bioscrubber can be utilized for equipment setup.
The Contractor may not use the proposed site for major equipment repairs or storage of equipment and supplies not used on a regular basis for the contract work.
LAVA ROCKS MEDIA REMOVAL
The Contractor shall removal all lava rocks media from the bioscrubber. Removal of the media shall be done in a professional manner using equipment designed for this activity. All media (lava rocks) removed from the bioscrubber must be hauled off-site promptly following the removal process. No lava rocks may be stored on-site for a period more than 24 hours following removal from the bioscrubber. All temporary storage facilities must be protected by an awning, roof or similar cover to prevent storm-induced solids washout.
All lava rocks shall be directly hauled to the point of disposal location:
Republic Services has approved the lava rocks media as non-hazardous waste at Forward Landfill (9999 S. Austin Road, Manteca CA 95336). Contractor shall adhere to the disposal requirements of the landfill.
Please see Attachment A for the sample service agreement of Republic Services’ terms and conditions.
Care shall be taken to avoid damage to the existing piping systems, electrical, and general structure of the facilities. Any City approved changes made to the facilities as part of this work must be removed and the area restored to the original condition unless the Contractor is given written approval from the City to remain.
LAVA ROCKS MEDIA HAULING
The Contractor shall perform all functions and provide all labor and equipment necessary to haul the media to the specified disposal location using personnel qualified to operate the loading and transport equipment.
The transport trucks used to haul the media shall be covered and shall meet all federal, state, and local codes and ordinances.
The Contractor shall be responsible for immediate cleanup to the satisfaction of the City of any media spilled at the RWCF or along the route to the point of disposal. All vehicles utilized by the Contractor in the performance of this Contract shall be kept in a clean, operable and safe condition that projects a respectable image to the community and is acceptable to the City at all times.
The Contractor shall take all reasonable means to minimize inconvenience and injury to the public by dust, noise, diversion of stormwater, or other operations under its control.
EXHIBIT 2
1181
MIST ELIMINATOR ACCESS
Access to the mist eliminator is available by removing the top outlet transition of the unit. The transition is bolted to the main body and can be easily removed. The mist eliminator is in modular form and can be lifted out by hand.
When re-installing the transition, use butyl caulking on the flanges for proper sealing.
UTILITIES
Power can be made available to the Contractor at no cost but shall be requested in writing. In addition, provision of all labor, equipment, and material to connect to the power source shall be the responsibility of the Contractor. A licensed electrician may be required to make the connection as determined by the City’s Representative. Any additional power required for the operation of the Contractor’s equipment shall be the responsibility of the Contractor.
There is no potable water available for use by the Contractor. Non-potable water is available to the Contractor at one of the RWCF yard hydrants at no cost to the Contractor. Delivery or transport of such water from the hydrant shall be the Contractor’s responsibility. Special handling and signage requirements must be met for use of this non-potable, reclaimed water.
NEW MEDIA
The media shall be GES Cell-Max or approved equal. It is an engineered, acid-resistant, inorganic substrate designed to provide a balanced combination of small pores and large spaces, which provides a large surface area to create an ideal environment for microorganisms, with low static pressure. CellMax media is designed for the treatment of high level of H2S in Bioscrubbers. The substrate shall be manufactured from 100% recycled material (green technology) made in the USA, and shall be rigid, lightweight and will not degrade in a low pH environment. Contractor shall furnish and install all new media with all appurtenances, accessories and incidentals necessary to produce a complete, operable and serviceable installation as specified herein.
1. Media Manufacturer:
a. Cell-Max, as supplied by GES Biotek, LLC.
b. Or approved equal.
c. The media manufacturer shall have at least ten (10) years’ experience in the supply of engineered, inorganic substrate media for odor control systems. A list of at least five (5) reference installations shall be submitted consisting of engineered media biofilter projects.
2. Bioscrubber Media:
a. The Cell-Max media shall serve as part of an ecosystem for the growth of a diverse colony of micro-organisms for the treatment of foul H2S odors. b. The media shall not compact, degrade, or decompose over its lifespan. c. The media supplier shall provide a sample for review by the engineer. d. The media substrate shall be made from post-consumer recycled glass. e. The media shall be acid resistant, and able to tolerate a low-pH (<1) environment over its entire lifespan.
f. The media shall be a random dump type. No structured media allowed. g. The media shall be shipped in 50 ft3 supersacks and installed on-site by the Contractor.
No bulk deliveries allowed.
h. The media shall be a product of the USA.
i. The bioscrubber media shall have a minimum useful life of 20 years. “Useful life” shall be defined to mean operation under the following conditions:
i. No detectable degradation in the odor removal performance of the bioscrubber odor control system when operated and maintained in accordance with the System’s Supplier’s written operations and maintenance requirements.
EXHIBIT 2
1182
ii. A maximum increase in air pressure drop not to exceed the maximum allowable pressure drop of 4 inches of water column (WC) at the designed air flow rate of 27,500 CFM.
j. The media shall be processed, screened to size, and designed to meet the following specifications:
Bulk Density – dry (lb/ft3) 12.4
Bulk Density – operating (lb/ft3) 27.6
Water Holding Capacity (lb/ft3) 29.7
Particle Size (inches) [>90% of supplied product] 0.5 – 1.5 Surface Area (ft2/ft3) 1,524
Total Pore Volume (%) 80 – 90
Total Pore Space (%) 85 – 90
Fractional Open Pore (%) 44.4% (+/- 5%)
Fractional Closed Pore (%) 56.5% (+/- 5%)
Crushing Load (lb/in2) [>80% of product supplied] 1,340 Standard Packaging Sacks 50 ft3
k. Below is the design parameter of the system:
Max Airflow (CFM) 27,500
Diameter of Vessel (ft) 28
Bed Depth (ft) 13
Total Volume of Media Req’d (ft3) 8,000
Minimum Empty Bed Residence Time (seconds) 15
Maximum Total Pressure Drop (inches) 4
Avg. Inlet H2S Loadings (ppm) 30
Inlet H2S Loadings Peak Condition (ppm) 60
Media Bed Temp (F) 50 – 105
MEDIA INSTALLATION PROCEDURE
To install new media as specified above, please see below:
1. Remove the top mist eliminator section of the bioscrubber tower. Remove the mist eliminator modules from the upper portion of the tower as well. Next remove any support components of the mist eliminator assembly. Remove any plumbing which will interfere with the installation of the media at the provided unions.
EXHIBIT 2
1183
2. Lower the sacks of media into the bioscrubber through the top of the bioscrubber. Once the media has been lowered, the bottom of the sack should be opened. Next the sack should be slowly lifted to allow the media to release from the sack. This process should be repeated until the vessel has been filled to the specified height.
3. Workmen can walk on the media during the installation process to facilitate the leveling process.
Workers should not be in the tower while the sacks are being lowered or released. Once all media is in the tower, the media should be leveled.
4. Be careful not to leave any foreign materials in the packed bed section. Make sure all plywood, boxes and bags are removed.
5. Reverse the procedure in step 1 to re-install associated components.
MEDIA INSPECTION
Inspect the media material. Inspection can be made by looking in the access door or through the polypropylene access ports. The media should be even across the top surface to prevent dry spots in the media and prevent any air from passing over the top of the media. Adjust as required.
NEW MESH SCREEN
The mesh screen shall be TENAX Tendrain BF Geonet or approved equal. Contractor shall furnish and install all new mesh screen with all appurtenances, accessories and incidentals necessary to produce a complete, operable and serviceable installation as specified herein.
1. Manufacturer:
a. Syntech TenDrain BF
Or approved equal.
2. The geonet barrier shall be an open mesh, tri-planar material (no woven fabrics attached) and shall service as a boundary layer between the inorganic media and support grating to prevent migration of particles. Bi-planar materials and materials with woven fabrics shall not be acceptable. The geonet barrier shall be placed on top of the support grating and where indicated and as shown on the Drawings prior to the addition of the bioscrubber media. The geonet core shall have a tri-planar structure and the following material properties at a minimum:
Property Test Method Value
Geonet Thickness, mil ASTM D 5199 300
Transmissivity, m2/sec ASTM D 4716 5.0x10-3
Creep Reduction Factor, @ 20°C GRI-GC8 1.1 @ 15,000 psf Tensile Strength, lb/ft ASTM D 4595 1,200
Density, g/cm2 ASTM D 1505 0.94
Melt Flow Index, gal/10 min ASTM D 1238 1.0
Carbon Black Content, % ASTM D 4218 2.0
3. The geonet shall be delivered to the job site in roll form with each roll individually identified and nominally measure 13-feet in width and 200-feet in length.
NEW SUPPORT GRATING
The support grating shall be Fibergrate High Load Capacity Grating 2” Deep, Model HI5820 or approved equal. Contractor shall furnish, fabricate (where necessary), and install all fiberglass reinforced plastic
Technical Specifications
01800-4
EXHIBIT 2
1184
(FRP) HI gratings with all appurtenances, accessories and incidentals necessary to produce a complete, operable and serviceable installation as specified herein.
PART 1 – GENERAL
1.1 Submittals
a. Submit manufacturer's shop drawings of all fabricated gratings clearly showing material sizes, types, styles, part or catalog numbers, complete details for the fabrication of and erection of components including, but not limited to, location, lengths, types and sizes of fasteners and connection details.
b. Submit the manufacturer's published literature including structural design data, structural properties data, grating load/deflection tables, corrosion resistance tables, certificates of compliance, test reports as applicable and design calculations for systems not sized or designed in the contract documents.
c. Submit sample pieces of each item specified herein, manufactured by the method used in the work and as to quality and color.
1.2 Quality Assurance
a. All items to be provided shall be furnished only by manufacturers having a minimum of ten (10) years’ experience in the design and manufacture of similar products and systems.
Additionally, if required, a record of at least five (5) previous, separate, similar successful installations in the last five (5) years shall be provided. b. Manufacturer shall offer a 3-year limited warranty on all FRP products against defects in materials and workmanship.
c. Manufacturer shall be certified to the ISO 9001-2008 standard. d. Manufacturer shall provide proof of certification from at least two other quality assurance programs for tis facilities or products.
e. Manufacturer shall provide proof, via independent testing, that materials proposed as a solution do not contain heavy metals in amounts greater than that allowed by current EPA requirements.
1.3 Product Delivery and Storage
a. All gratings and components shall be shop fabricated, piece match marked to assembly or erection drawings.
b. Delivery of Materials: All manufactured materials shall be delivered in original, unbroken pallets, packages, containers, or bundles bearing the label of the manufacturer.
Adhesives, resins and their catalysts and hardeners shall be crated or boxed separately and noted as such to facilitate their movement to a dry indoor storage facility. c. Storage of Products: All materials – before, during and after shipment – shall be carefully handled to prevent them from abrasion, cracking, chipping, twisting, other deformations, and other types of damage. Store items in an enclosed area and free from contact with soil and water. Store adhesives, resins and their catalysts and hardeners in dry indoor storage facilities between 70- and 85-degrees Fahrenheit until they are required.
PART 2 – PRODUCTS
2.1 General
a. All FRP items furnished under this Section shall be composed of fiberglass reinforcement and resin in qualities, quantities, properties, arrangements and dimensions as necessary to meet the design requirements and dimensions as specified in the Contract Documents. b. Fiberglass reinforcement shall be continuous roving in sufficient quantities as needed by the application and/or physical properties required.
c. Resin shall be vinyl ester with chemical formulations as necessary to provide the corrosion resistance, strength and other physical properties as required.
EXHIBIT 2
1185
d. All finished surfaces of FRP items and fabrications shall be smooth, resin-rich, free of voids and without dry spots, cracks, crazes or unreinforced areas. All glass fibers shall be well covered with resin to protect against their exposure due to wear or weathering. e. All grating products shall have a tested flame spread rating of 25 or less per ASTM E-84 Tunnel Test. Gratings shall not burn past the 25 mm reference mark and will be classified as HB per ASTM D635.
f. All mechanical grating clips shall be manufactured of Type 316SS (stainless steel). g. Pultruded High Load Gratings shall be Safe-T-Span as manufactured by:
Fibergrate Composite Structures, Inc.
5151 Belt Line Road, Suite 1212
Dallas, Texas 75254-7028 USA
Phone: (800) 527-4043
Email: [email protected]
Website: www.fibergrate.com
2.2 Pultruded High Load Capacity (HI) FRP Grating
a. Manufacture: Grating components shall be high strength and high stiffness pultruded elements having a maximum of 65% of glass content (by weight) of continuous roving and continuous strand mat fiberglass reinforcements. The finished surface of the product shall be provided with a surfacing veil to provide a resin rich surface which improves corrosion resistance and resistance to ultraviolet degradation. Bearing bars shall be interlocked and epoxied in place with a two-piece cross rod system to provide a mechanical and chemical lock.
b. Color: Dark Grey.
c. Depth: 2” with a tolerance of +/- 1/16”
d. Non-slip surfacing: Grating shall be provided with an aluminum oxide grit bonded and baked to the top surface of the finished grating product and sealed with a compatible resin to ensure retention of grit particles.
e. Mesh Configuration for HI58: 1-1/2” load bar spacing; 6” tie bar spacing on centers for 2” deep grating.
2.3 Grating Fabrication
a. Measurements: Grating supplied shall meet the dimensional requirements and tolerances as shown or specified. The Contractor shall provide and/or verify measurements in field for work fabricated to fit field conditions as required by grating manufacturer to complete the work.
b. Layout: Each grating section shall be readily removable, except where indicated on drawings. Gratings shall be fabricated free from warps, twists, or other defects which affect appearance and serviceability.
c. Sealing: All shop fabricated grating cuts shall be resin sealed to provide maximum corrosion resistance. All field fabricated grating cuts shall be coated similarly by the Contractor in accordance with the manufacturer's instructions. d. Hardware: Type 316 stainless steel hold-down clips shall be obtained by the Contractor and spaced as per the recommendation of the manufacturer.
PART 3 – EXECUTION
3.1 Inspection
a. Shop inspection is authorized as required by the Owner and shall be at Owner’s expense.
The fabricator shall give ample notice to Contractor prior to the beginning of any fabrication work so that inspection may be provided.
EXHIBIT 2
1186
b. The grating shall be as free, as commercially possible, from visual defects such as foreign inclusions, delamination, blisters, resin burns, air bubbles and pits. The surface shall have a smooth finish.
3.2 Installation
a. Contractor shall install gratings in accordance with manufacturer's assembly drawings and written instructions.
b. Field cut and drill fiberglass reinforced plastic products with carbide or diamond tipped bits and blades. Seal cut or drilled surfaces in accordance with manufacturer's instructions.
Follow manufacturer's instructions when cutting or drilling fiberglass products or using resin products; provide adequate ventilation.
c. All grating panels, when in place, shall be firmly fastened to their supports using a minimum of two hold down clips at a maximum spacing of 4’-0” on center per support with a minimum of four hold down clips per grating panel.
FIBERGLASS REINFORCED PLASTIC (FRP)
Contractor shall furnish and install all appurtenances, accessories and incidentals necessary to repair the bioscrubber leak to produce a complete, operable and serviceable installation as specified herein.
The extent of the bioscrubber leak is not known; assume there are three (3) 16"x16" areas in need of repair. After the removal of existing media and support grating, an inspection can be made to determine the extent of the damage. Contractor shall submit a repair and restoration plan prior to commencing with the FRP repair and shall be approved by the Engineer. The repair and restoration plan shall contain the resin type, reinforcement type and sequence, surface preparation, laminate application, environmental conditions, bond testing, and post-cure. Listed below are specs for the resin, reinforcement, and laminate. The repair shall be compatible with the existing FRP; please see the Drawings for the existing FRP tank wall and laminate schedule.
1. Resin:
a. Premium corrosion-resistant vinyl ester.
b. Use the same resin throughout the structural layer.
c. Add ultraviolet adsorbers to surfacing resin to improve weather resistance. d. No dyes, pigments, or colorants except in exterior gel coat. e. No fillers or thixotropic agents.
f. Curing system:
i. Use resin manufacturer’s currently recommended cure system. ii. Cure all products to a minimum of 90 percent of the minimum Barcol hardness specified by resin manufacturer.
iii. Measure Barcol hardness according to ASTM D2583.
iv. The resin shall be ATLAC 580-05A VINYL ESTER or approved equal.
2. Reinforcement:
a. Veil: Chemical surfacing mat, Type C (chemical) glass, 10 mils thick, with a finish and a compatible with the lay-up layer. The veil shall be “NEXUS” or approved equal. b. Corrosion barrier: Resin-rich interior surface using chopped strand mat back the veil and no use of additive. The corrosion barrier is the combination of the inner surface plus the interior layer. The resin used throughout the corrosion barrier is ATLAC 580-05A VINYL ESTER or approved equal with a minimum thickness of 100 MIL. c. Chopped Strand Mat: Type E glass, minimum 1-1/2 ounces per square foot, with silane finish and styrene soluble binder.
d. Continuous Roving Used in Chopper Gun for Spray-Up: Type E glass. e. Woven Roving: Type E glass, nominal 24 ounces per square yard, 4 by 5 weave, with silane type finish.
EXHIBIT 2
1187
f. Continuous Roving Used for Filament Winding: Type E glass with a silane finish, with a nominal yield of at least 110-strand yards per pound.
3. Laminate:
a. Laminate shall consist of an inner surface (corrosion barrier), and interior layer, and an exterior layer.
b. Meet requirements of the mechanical properties and visual acceptance criteria in ASTM C582 and ASTM D2563, Level III for all surfaces.
c. Reinforce inner surface with a resin-rich surfacing veil 10 to 20 mils thick. d. The resin content of the inner surface shall be a minimum of 80 percent by weight. e. Construct interior layer of resin reinforced with at least two plies of chopped strand mat.
Thickness of interior layer shall be at least 100 mils. f. Glass content of combined inner surface and interior layer shall be 27 percent plus or minor 5 percent.
g. The exterior or structural layer shall be filament wound. Filament winding shall be with continuous strand roving to provide a glass content of 50 to 80 percent.
REMOVAL OF DEBRIS
The bioscrubber should be thoroughly cleaned after installation is complete to remove any construction debris and foreign objects. Spray water on the media bed, mist eliminator section, biological scrubber body, and transition with a hose spray nozzle and wash the material out of the bioscrubber. This process should be repeated a number of times until water flows through the media without appearing “muddy”.
REGULATORY REQUIREMENTS
The Contractor shall develop and operate its hauling and disposal program in full compliance with all federal, state, and local environmental requirements. The Contractor shall be responsible for the legitimate, proper and authorized disposal of the media. Contractor shall provide the City with copies of its current permits, licenses, and certifications applicable to this contract, and shall provide the City with new copies each time a document is renewed or modified.
The Contractor must possess and maintain in effect for the duration of this contract, all necessary regulatory approvals, permits, and licenses and certifications required to dispose of the media.
REPORTING
The Contractor shall generate a document for each load of lava rocks media removed from the bioscrubber.
This document shall reflect the date, time, truck, trailer, driver, destination, tare weight, and loaded weight.
This information shall be complied by Contractor and presented to City with each billing invoice.
The Contractor shall perform and produce all monitoring and reporting required by regulatory agencies having jurisdiction over the hauling and disposal operations. Copies of any report involving the City’s lava rock media shall be provided to the City.
The Contractor shall notify the City, in writing at the earliest feasible time, any actual or proposed changes in regulations or permit requirements that affect Contractor’s disposal of City’s lava rock media.
SAFETY
The Contractor shall conduct all aspects of project safety and in compliance with applicable rules, laws, and regulations. The Contractor shall execute a copy of and adhere to the Department of Municipal Utilities Contractor’s Safety Rules attachment at the end of Specification Section 01500 while working at the RWCF.
The Contractor shall establish and maintain a motor carrier safety program for the lava rock media transportation. Motor carrier safety records shall be maintained by Contractor and made available for inspection by City upon request.
EXHIBIT 2
1188
Injury Illness Prevention Plan (IIPP) must be reviewed and approved by MUD Safety Manager prior to the start of work.
The bioscrubber is considered a confined space. Ventilate the interior of the bioscrubber at the beginning of the work and prior to resuming work at anytime after ventilation has been discontinued. Provide gas detectors and respirators as required. Comply with the requirements of the Labor Code of the State of California, the Construction Safety Orders of the Division of Industrial Safety of the State of California and the California Occupational Safety and Health Act. Comply with any other applicable, local, state or federal safety requirements. The Contractor shall possess a valid confined space permit for the duration of the project.
INSPECTION OF CONTRACTOR ACTIVITIES
The City deserves the right to inspect and observe all aspects of the Contractor’s activities without the Contractor’s knowledge or prior notice. The Contractor shall grant access to the City inspector or designated representative at the disposal site upon request.
MEASUREMENT AND PAYMENT
The Contractor shall be responsible for determining the total wet tonnage loaded onto transport trucks through the use of official weight tickets from an independent certified weight station which is permitted by the State of California to certify weights for commerce. The Contractor shall have all transport trucks officially weighed prior to each truck depositing its load of lava rock media. All weight tickets shall have the gross weight, date and time prior to unloading and weight, date and time after unloading for each trip. All weight tickets must bear the license number of the appropriate trailer. Truck weight tickets shall be submitted on a daily basis. Tickets which do not comply shall be rejected and no payment made for that portion of the lava rock media hauled.
PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
The Contractor shall be responsible for the protection from its activities of public and private property at the adjacent to the RWCF and the disposal site and shall exercise due caution to avoid damage to such property. Contractor shall take precautions to avoid damage to the bioscrubber and surrounding areas.
The Contractor shall repair or replace all existing improvements which are damaged or removed as a result of its operations, at no additional cost to the City.
NOISE ABATEMENT
Operations shall be performed to minimize unnecessary noise. Special measures shall be taken to suppress noise. Noise levels due to media removal activity shall not exceed the level specified by local ordinance.
ODOR CONTROL
The Contractor at its own expense shall take whatever steps, procedures, or means as are required to minimize odor. No odors are to be detected from the contract operation at the RWCF property fence line.
DUST CONTROL
The Contractor, at its expense, shall take whatever steps, procedures, or means as are required to prevent dust conditions being caused by its operations. Dust control shall be by sprinkling, use of dust palliatives, modifications of operations, or any other means acceptable to the San Joaquin Valley Unified Air Pollution Control District and the City.
WARRANTY
Warranty period of one year shall start from the date of acceptance. Contractor shall provide a letter to guarantee that the equipment, materials and workmanship furnished under this Contract will be as specified EXHIBIT 2
1189
and will be free from defects for a one-year guarantee period starting from the date of acceptance of work as complete.
***END OF SECTION***
EXHIBIT 2
1190
GENERATOR: ________________ COMPANY: ________________ August 2020
4. The Agreement. This agreement of the parties (“Agreement”) for the disposal of Acceptable Waste shall consist of this Agreement, riders to the Agreement (if any), any Special Waste Profiles (including any approved changes and re-certifications) and any Application, permit and approval that may be applicable to the disposal of such Acceptable Waste (“Acceptable Waste Documentation”).
5. Waste Accepted at Facility. Generator represents, warrants and covenants that the waste delivered to Company at its Facility hereunder will be Acceptable Waste and will not contain any unacceptable quantity of hazardous materials or substances, radioactive materials or substances, or toxic waste or substances, as defined by applicable federal, state, local or provincial laws or regulations. Any waste which does not meet these requirements shall hereinafter be referred to as “Unacceptable Waste”. The Generator shall in all matters relating to the collection, transportation and disposal of the Acceptable Waste hereunder, comply with all applicable federal, state and local laws, regulations, rules and orders regarding the same (collectively, “Applicable Laws”).
6. Acceptable Waste. Only waste that satisfies each of the following criteria shall be accepted for disposal at the Facility (“Acceptable Waste”): (a) the waste conforms to the description set forth in the Acceptable Waste Documentation; (b) the waste does not contain any Unacceptable Waste; (c) the waste is accurately reflected on any Special Waste Profile(s) as directed by the Company pursuant to Section 7; (d) the waste is acceptable for disposal at the Facility under all Applicable Laws; and (e) the transportation to and disposal of the waste at the Facility is otherwise in accordance with this Agreement. The parties may incorporate additional Acceptable Waste as part of this Agreement if prior to delivery of such Waste to Company, Generator has provided an Application for such Acceptable Waste and Company has approved disposal of such Acceptable Waste within the limitations and conditions contained in Company’s written notice of approval of Special Waste Disposal. Title to and liability for any and all Acceptable Waste handled or disposed of by Company shall at all times remain with Generator and Broker (if a Broker is involved).
7. Rights of Refusal/Rejection. The Generator shall inspect all waste at the place(s) of collection and shall remove any and all Unacceptable Waste. Company has the right to refuse, or to reject after acceptance, any load(s) of waste(s) delivered to its Facility including if the Company believes (a) Generator has breached (or is breaching) its representations, warranties, covenants or agreements in this Agreement or any Acceptable Waste Documentation, or any Applicable Laws; or (b) that the waste contains Unacceptable Waste. The Company has the right to refuse, or to reject after acceptance, any load(s) of waste(s) delivered to its Facility if the Company has reason to believe, in its sole discretion, that the waste: (1) emits excessive odors; and/or (2) negatively impacts operations at the Facility. Company shall have the right to inspect all vehicles and containers of waste haulers, including the Generator’s vehicles, in order to determine whether the waste is Acceptable Waste pursuant to this Agreement and all Applicable Laws. The Company’s exercise, or failure to exercise, its rights hereunder shall not operate to relieve the Generator of its responsibilities or liability under this Agreement.
8. Limited License to Enter. This Agreement provides Generator with a license to enter the Facility for the limited purpose of, and only to the extent necessary for, off-loading Acceptable Waste at the Facility in the manner directed by Company. Except in an emergency, Generator’s personnel shall not leave the immediate vicinity of their vehicle.
After off-loading the Acceptable Waste, Generator’s personnel shall promptly leave the Facility. Under no circumstances shall Generator or its personnel engage in any scavenging of waste or other materials at the Facility. The Company reserves the right to make and enforce reasonable rules and regulations concerning the operation of the Facility, the conduct of the drivers and others on the Facility premises, quantities and sources of waste, and any other matters necessary or desirable for the safe, legal and efficient operation of the Facility including, but not limited to, speed limits on haul roads imposed by the Company, and the wearing of hard hats and other personal protection equipment by all individuals allowed on the Facility premises. Generator agrees to conform to such rules and regulations as they may be established and amended from time to time. Company may refuse to accept waste from and shall deny an entrance license to, any of Generator’s personnel whom Company believes is under the influence of alcohol or other chemical substances. Generator shall be solely responsible for its employees and subcontractors performing their obligations in a safe manner when at the facility of Company.
9. Charges and Payment. Company shall have the right to immediately terminate and/or suspend this Agreement upon the occurrence of any of the following events of default:
(a) Generator’s failure to timely pay any amounts due under this Agreement to Company; (b) Generator’s breach of any of its obligations, representations, warrants or covenants under this Agreement or any Acceptable Waste Documentation; or (c) the filing of a voluntary or involuntary petition for reorganization or bankruptcy against Generator. Generator shall be liable for any losses, claims, expenses and damages incurred by Company as a result of suspension or termination hereunder. Generator’s obligations, representations, warranties and covenants regarding the Acceptable Waste delivered and all indemnities contained in this Agreement shall survive expiration and termination of this Agreement. Additionally, Company shall have the right to terminate this Agreement for convenience at any time on 30 days’ notice to Generator.
10. Termination/Suspension. Company shall have the right to immediately terminate and/or suspend this Agreement upon the occurrence of any of the following events of default: (a) Generator’s failure to timely pay any amounts due under this Agreement to Company; (b) Generator’s breach of any of its obligations, representations, warrants or covenants under this Agreement or any Acceptable Waste Documentation; or (c) the filing of a voluntary or involuntary petition for reorganization or bankruptcy against Generator. Generator shall be liable for any losses, claims, expenses and damages incurred by Company as a result of suspension or termination hereunder. Generator’s obligations, representations, warranties and covenants regarding the Acceptable Waste delivered and all indemnities contained in this Agreement shall survive expiration and termination of this Agreement. Additionally, Company shall have the right to terminate this Agreement for convenience at any time on 30 days notice to Generator.
11. Personnel Knowledge and Authority. Generator represents, warrants and covenants that its drivers who deliver Acceptable Waste to Company’s Facility have been advised by Generator of the Company’s prohibition on deliveries of hazardous materials or substances, radioactive materials or substances, or toxic waste or substances or any other Unacceptable Waste to the Facility of Company’s restrictions on deliveries of Special Waste to the Facility, of the definitions of “Hazardous Waste and Hazardous Substances” as provided by applicable federal, state and local law, rules and regulations and “Special Waste” as provided herein, and of the terms of this license to enter Company’s Facility.
12. Indemnification. Generator agrees to indemnify, defend and hold harmless Company, the legal entity owning and/or operating the Facility, their subsidiaries, affiliates and parent corporations, as applicable, and each of their respective officers, directors, lenders, employees, subcontractors and agents (collectively, the “Company Indemnified Parties”) from and against any and all claims, suits, losses, liabilities, assessments, damages, fines, costs and expenses, including reasonable attorneys’ fees (collectively, “Losses”) arising out of or related to (a) the transportation to and/or disposal of any Unacceptable Waste at the Facility, whether or not Generator or Company was negligent in failing to identify the Unacceptable Waste; (b) the reloading and/or removal of Unacceptable Waste at the Facility; (c) any penalties, fines or remediation activities incurred by or imposed as the result of the transportation and/or disposal of Unacceptable Waste; (d) any increased inspection, testing, study and analysis costs made necessary due to reasonable concerns of Company as to the content of the waste transported and/or disposed of at the Facility following discovery of potentially Unacceptable Waste; and (e) the Company’s inability to use the Facility due to the presence of Unacceptable Waste including without limitation any consequential damages. Company may also, in its sole discretion, require Generator to promptly remove the Unacceptable Waste at Generator’s sole expense. The indemnification and other obligations stated in this Section 12 shall survive the expiration and termination of this Agreement.
13. Insurance. Generator shall maintain in full force and effect throughout the term of this Agreement the following types of insurance in at least the amounts specified below:
Coverages Minimum Amounts of Insurance
Worker’s Compensation Statutory
Employer’s Liability $1,000,000
General Liability $1,000,000 combined single limit
Automobile Liability (if Generator hauling) $1,000,000 combined single limit All insurance will be by insurers authorized to do business in the state in which the Facility is located. Generator shall deliver the Certificates of Insurance evidencing the foregoing policies to Company before Generator delivers any waste to the Facility pursuant to this Agreement. In addition, the (i) Commercial General Liability (including the Umbrella/Excess policy) policy must include Contractual Liability coverage specifically covering Generator’s indemnification of Company, and (ii) The Commercial General Liability, Automobile Liability and the Umbrella/Excess Liability policies must be written on an “occurrence form”. Said polices shall not thereafter be canceled, be permitted to expire or laps, or be changed without 30 days advance written notice has been given to Company. With the exception of workers’ compensation, Company shall be shown as additional insureds under all of the insurance policies required by this Section 13. The policies required by this Section 13 shall be primary and noncontributory with respect to Company, and the insurance providers shall agree to waive their rights of subrogation against Company.
14. Failure to Perform. Except for Generator’s obligation to pay amounts due to Company, neither party shall be liable for its failure to perform due to circumstances that are both not its fault and beyond its reasonable control, including, but not limited to, strikes or other labor disputes, riots, protests, civil disturbances or sabotage, changes in law, fires, floods, compliance with government requests, explosions, accidents, weather, lack of required natural resources, or acts of God affecting either party. If any of the circumstances provided for in the preceding sentence occur, including, without limitation, whether any federal, state or local court or governmental authority takes any action that would (a) close or restrict operations at the Facility; or (b) limit the quantity or prohibit the disposal of Acceptable Waste at the Facility, Company shall have the right to reduce, suspend or terminate Generator’s access to the Facility immediately, without prior notice; provided, however, that Generator’s payment and indemnification obligations shall survive such reduction, suspension or termination. Neither Party is required to settle any labor dispute against its own best judgment.
15. Assignment; Performance of Services. Generator may not assign, transfer, subcontract or otherwise vest in any other company, entity or person, in whole or in part, any of its rights or obligations under this Agreement without the prior written consent of Company, which Company may withhold in its sole discretion. Company may freely assign this Agreement or any of its rights or obligations thereunder, to any other company, entity or person, in its sole discretion. Additionally, Company may freely use any of its affiliates to provide the services and fulfill Company’s obligations under this Agreement.
16. Right of Disposal. This Agreement does not grant any rights to dispose of waste other than as specifically set forth in this Agreement.
17. Continuing Compliance. The Generator has a continuing obligation to inform the Company of any new information, or information not previously provided to the Company by Generator which may affect the acceptability of the waste by the Company. Further, the Generator shall comply with all Company requests for evidence of Generator’s continuing compliance with the terms of the Agreement including but not limited to the following: (i) providing new, updated Special Waste profiles on the waste(s) offered for disposal or, (ii) providing appropriate certification that the waste being offered for disposal is accurately reflected by the appropriate Special Waste Profile or, (iii) resample the waste at Generator’s expense if reasonable cause exists as to its acceptability under the terms of this Agreement or, (iv) allow the Company to re-sample the waste at Generator’s expense if reasonable cause exists as to its acceptability under the terms of this Agreement or any Acceptable Waste Documentation.
18. Miscellaneous.
(A) This Agreement shall be governed by the laws of the State in which the Facility is located.
(B) No waiver of a breach of any of the obligations contained in the Agreement shall be construed to be a waiver of any prior or succeeding breach of the same obligation or of any other obligation of this Agreement.
(C) Unless otherwise provided for herein, no modification, release, discharge or waiver of any provision or obligation hereof shall be of any force, or effect, unless in writing signed by all parties to this Agreement.
(D) Generator shall treat as confidential and not disclose to others during or subsequent to the terms of this Agreement, except as is necessary to perform this Agreement, or to comply with any applicable law or regulation any information (including any technical information, experience or date) regarding the Company’s plans, programs, plants, processes, products, costs, equipment or operations which may come within the knowledge of the Generator or its employees in the performance of this Agreement, without in each instance securing the prior written consent of the other Company.
(E) If any term, phrase, obligation or provision of this Agreement shall be held to be invalid, illegal or unenforceable in any respect, this Agreement shall remain in effect and be construed without regard to such term, phrase, obligation or provision. (F) This Agreement constitutes the entire understanding between the parties, replacing and amending any prior agreements between the parties, and shall be binding upon all parties hereto, their successors, heirs, representatives and assigns. Any provision, term or condition in any acknowledgement, purchase order or other response by Generator which is in addition to or different from the provisions of this Agreement shall be deemed objected to by the Company and shall be of no effect. (G) Generator represents, warrants and covenants that it is and, during the term of this Agreement will remain, in compliance with and will perform its obligations pursuant to all applicable laws and regulations and shall indemnify, defend and hold harmless the Company from any breach thereof.
(H) It is the understanding and agreement of the parties that the Company is an independent contractor, and is not an agent, nor an authorized representative of the Generator.
(I) Company may provide any of the Services covered by this Agreement through any of its affiliates or subcontractors, provided that Company shall remain responsible for the performance of all such services and obligations in accordance with this Agreement
19. Notices. All notices required under this Agreement shall be considered as having been given upon being placed in the mail, certified postage prepaid, addressed to Company or Generator at the address herein set forth in this Agreement or to such other address as may be given to the other party in writing.
20. Liquidated Damages. If Generator terminates this Agreement before its expiration other than as a result of a breach by Company, Generator shall pay Company an amount equal to the most recent month’s monthly charges multiplied by the lesser of (a) six months or (b) the number of months remaining in the term. Generator acknowledges that in the event of such a termination, actual damages to Company would be uncertain and difficult to ascertain, such amount is the best, reasonable and objective estimate of the actual damages to Company, such amount does not constitute a penalty, and such amount is reasonable under the circumstances. Any amount payable under this paragraph shall be in addition to amounts already owing under this Agreement
ATTACHMENT A
EXHIBIT 2
1191
CONSTRUCTION CONTRACT
RWCF SOUTH BIOSCRUBBER REPAIRS
This contract is made and entered into on _____________, by and TNT INDUSTRIAL CONTRACTORS, INC., a STATE OF CALIFORNIA CORPORATION with a business address at 3800 HAPPY LANE, SACRAMENTO, CA 95827, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY." W I T N E S S E T H:
WHEREAS, plans and specifications for the construction of RWCF SOUTH BIOSCRUBBER REPAIRS, hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. __________________. The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Municipal Utilities department of the City of Stockton.
Total compensation for services and reimbursement for costs shall not exceed $646,927, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27, effective September 27, 2016.
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.
Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 1 of 31
1192
provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self-insurance shall be called upon to protect it as a named insured.
All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.
4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016- 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Director of Municipal Utilities department will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.
6. WORKING DAYS. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of ONE THOUSAND AND 00/100 EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 2 of 31
1193
DOLLARS ($1,000) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Municipal Utilities department, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Municipal Utilities department in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Municipal Utilities department or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties.
CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 3 of 31
1194
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Division 2, Part 7, Chapter 1, Article 2, Wages of the California Labor Code shall be considered part of the contract agreement. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division=
2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Municipal Utilities department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 4 of 31
1195
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
For contracts valued at $100,000 and above, pursuant to Stockton Municipal Code Section
3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section 3.68.095.
f. COMMUNITY WORKFORCE TRAINING AGREEMENT
For contracts valued at 1,000,000 and above, pursuant to the implementation of the Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of the CWTA. For any project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and no separate compliance with Section
3.68.095 will be required of the Contractors/Employers working on the project. g. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor Certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
CITY agrees:
8. COMPENSATION. To pay CONTRACTOR for the work herein contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Municipal Utilities department as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Municipal Utilities department of such completion.
9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.
CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 5 of 31
1196
EXHIBIT 3
Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.
Processing of change orders shall be in accordance with Section 4-1. 05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27- 1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-
1. 0SA, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11. AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.
12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.
ATTEST:
KATHERINE ROLAND, CMC, CPMC
CITY CLERK
CITY OF STOCKTON
By: _____________ _
APPROVED AS TO FORM & CONTENT:
LORI ASUNCION
OFFICE OF THE CITY ATTORNEY
By:------------ ASSISTANT CITY ATTORNEY
RWCF SOUTH BIOSCRUBBER REPAIRS
CITY:
By: _____________ _
STEVE COLANGELO
INTERIM CITY MANAGER
IAL CONTRACTORS, INC.
WIST, PRESIDENT
lf �-LJJ-.48 f""f ltJO
Tax Identification No.
1197
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 7 of 31
LOCAL EMPLOYMENT ORDINANCE
This contract is subject to the requirements of the City of Stockton's Local Employment Ordinance. By my signature below, I certify that I have read and understood the Local Employment -Ordinance of the City of Stockton, and agree to abide by its provisions. If selected to perform this contract, I specifically agree to report data on the actual number of Stockton residents employed, and understand that data will be subject to verification by an independent auditor.
Signature of Bidder - ~-il'-1-----------------
Date Signed _0_1_/2_3_/2_0_2_5 ____________ _
MUD-BF-10
1198
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 8 of 31
Addendum A
CITY OF STOCKTON COMMUNITY WORKFORCE AND TRAINING AGREEMENT
AGREEMENT TO BE BOUND
The undersigned, as a Contractor or Subcontractor, including construction material trucking company/entity, (CONTRACTOR) on the City of Stockton Project, (hereinafter PROJECT), for and in consideration of the award to it of a contract to perform work on said PROJECT, and in further consideration of the mutual promises made in this Community Workforce and Training Agreement (hereinafter AGREEMENT), a copy of which was received and is acknowledged, hereby:
(1) Accepts and agrees to be bound by the terms and conditions of the AGREEMENT for this Project, together with any and all amendments and supplements now existing or which are later made thereto:
(2) The CONTRACTOR agrees to be bound by the legally established local trust agreements designated in the applicable Schedule A as set forth in Article IV of this AGREEMENT. (3) The CONTRACTOR authorizes the parties to such local trust agreements to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the CONTRACTOR;
(4) Certifies that it has no commitments or agreements which would preclude its full and complete compliance with the terms and conditions of said AGREEMENT. (5) Agrees to secure from any CONTRACTOR(S) (as defined in said AGREEMENT) which is or becomes a subcontractor (of any tier) to it, a duly executed Agreement to be Bound in form identical to this document.
(6) This Agreement to be Bound constitutes a subscription agreement to the extent of its terms. However, the undersigned agrees to execute a separate Subscription Agreement(s) or contributing employer agreement for Trust Funds when such Trust Fund(s) requires such document(s).
Date: 01/23/2025 TNT Industrial Contractors, Inc.
Name of Contractor
Joshua Twist
(Name of Contractor epresentative)
Joshua Twist - President
(Authorized Officer & Title)
622974 A
CSLB # of Motor Carrier Permit
MUD-BF-11
1199
EXHIBIT A
CITY OF STOCKTON
MUNICIPAL UTiLITIES DEPARTMENT
RWCF SOUTH BIOSCRUBBER REPAIRS
EXHIBIT 3
Each bidder shall bid each item. Failure to bid an item shall cause the bid to be considered non-responsive, and it will be rejected.
All applicable sales taxes, state and/or federal taxes, and any other special taxes, patent rights, or royalties are included in the prices quoted in this proposal. All bid items listed below are an estimated quantity. This shall be the responsibility of the Contractor to make their own estimate based on what are shown and called for in the contract Plans and Specifications.
Item Description Est.
Quantity Unit
1 Mobilization, Demobilization, Bonds, 1 LS Pennits, and Insurance on all work 2 Removal of Existing Lava Rocks 250 TONS
3 Hauling & Disposal of Lava Rocks 250 TONS
4 Demolition of Support Grating and Mesh 1 LS Screen
5 Furnish and Install New Media 8,000 CF
6 Furnish & Install New Screen and 1 LS Re-install Air Distribution Plates 7 Furnish and Install New Support Grating 1 LS
8 Repair Bioscrubber (assume 16"x16" area} 3 EA
Contingency 1 LS
TOTAL BID: The sum of Items 1 through 9
Unit Price
)../) 375?
,;l f]D
J ;Ls,,.,
18) 162>
db
8c:.?, '?J'v
?i2do
i.5;9<;U
$80,000
Total Price
). I -378 )
70/ c>oZJ
'"J/.1 ;/uD
1<;1,) IC tJ
.:,Z 88., ooo
3cJ., ?d'6
P9, 3Yo
G �-- � CJ .JYJ
J '"7 ,-, ., ,,,.
. , � ,
$80,000
fuL/��9,,,/l
Sit flv-HJJJcOJ p:'o Rt� 511--· 7ht)U.,?frl'IJ!J 'J,/1 ..>le ,LI-IA .1-;d;-i!.dl "1021.,,J/Set.A-r-- Total Bid - Words
TNT Industrial Contractors, Inc.
FirmNa�
e
--
Bidder':;;
L.l
aU-ltu�?-e
--
RWCF SOUTH BIOSCRUBBER REPAIRS
MUD-BF-4
1200
REV 2024-03-25
Exhibit B:
Insurance Requirements
(Construction Contracts)
Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety Bonds as described below.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by 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 EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 10 of 31
1201
REV 2024-03-25
deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible.
City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective, or start of work EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 11 of 31
---
1202
REV 2024-03-25
date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed 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 EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 12 of 31
1203
REV 2024-03-25
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to 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 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 13 of 31
1204
EXHIBIT C
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 14 of 31
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 1 of 14
I.
II.
DISCRIMINATION AND
Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 416/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10121/94, 511/95, 1/1198 PER-037 (Sexual Harassment Investigative Procedures) revised from 2115193
PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.
POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.
All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against orto harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.
C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.
D. All City employees and non-employees share a responsibility to assist in 1205
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 15 of 31
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.
E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up to and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.
F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.
G. The City of Stockton prohibits retaliation against any employee or nonemployee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.
H. This policy applies to all officials, employees, volunteers, unpaid interns, agents, or contractors of the City.
I. This policy shall be administered by the Director of Human Resources. 1206
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 16 of 31
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND
Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below\
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 111. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended lo deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:
1. Soliciting applications from a source where all or most of potential workers are of the same race or color.
2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and
3. Questioning a job applicant about the existence, nature and severity of a disability.
B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial offamily and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3) 1207
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 17 of 31
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
lsee below)
PER-015 (Sexual Harassment m the Workplace) revised from 10121/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.
Harassment may take many forms, including, but not limited to, the following examples:
1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law,
2. Physical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made a term or condition of employment; or
2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
1208
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 18 of 31
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93
3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.
Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Making or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.
1209
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 19 of 31
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.
D. Affordable Care Act (ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:
1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;
2. Reports potential violations of protections afforded under Title I of the Act, which provides guaranteed availability protections among other things;
3. Testifies in a proceeding concerning such violation;
4. Assists or participates in a proceeding concerning a violation; or
5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.
An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.
IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any 1210
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 20 of 31
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment 1n the Workplace) revised from 10/21/94, 5/1/95, 1/1198 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.
1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and nonemployees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or 1211
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 21 of 31
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14
DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment ,n the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.
If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge shall be taken.
2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or nonemployee to cease the conduct. 1212
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 22 of 31
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.
B. Confidentiality. The City will make every effort to protect the privacy and confidentiality of all parties involved, as well as any information and/or documentation obtained, to the extent possible consistent with a thorough investigation.
C. Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.
V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is 1213
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 23 of 31
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 B.
5/1/2015 4/6/09
3/1/2010
(see below}
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PERM037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.
Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:
1. Identify and preserve the evidence.
2. Confirm the name and position of the complainant. Interview the complainant.
3. Allow the complainant the opportunity to place the complaint in writing.
4. Obtain the identity of the alleged harasser(s).
5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and witnesses (if applicable).
6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).
7. Ascertain if any threats or promises were made in connection with the alleged harassment.
8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).
9. Ascertain whether the complainant has spoken to anyone, especially 1214
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 24 of 31
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.11 of 14
DISCRIMINATION AND
Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment ,n the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.
10. Ascertain what resolution would be acceptable to the complainant.
11. Interview the alleged harasser to get his or her side of the story, including any possible motivation for a false allegation.
12. Interview witnesses who were identified by the complainant regarding the alleged harasser or other persons identified during the investigation.
13. Interview witnesses who were identified by the alleged harasser or other persons identified during the investigation.
14. Advise all participants that the investigation is "confidential" and not to engage in any retaliatory conduct, as such conduct is subject to disciplinary action up to and including discharge. Confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.
15. Conduct follow-up interviews, if warranted.
16. Prepare report of findings and discuss with management and designated legal staff.
VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall 1215
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 25 of 31
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10121/94, 5/1/95, 111/98 PERR037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.
B. If either the department head or the Director of Human Resources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.
C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consulting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.
D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged to have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determination as to whether the complaint is:
1. Unsustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).
2. Unfounded: The investigation proved that the act(s) or omission(s) 1216
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 26 of 31
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.13 of 14
DISCRIMINATION AND
Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.
3. Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.
E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.
F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.
VII. DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.
VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these 1217
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 27 of 31
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.14 of 14
DISCRIMINATION AND
Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.
IX. COMMUNICATION OF POLICY
This policy shall be provided to all managers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.
APPROVED:
&~SON
CITY MANAGER
::ODMAIGRPWISE\COS.PER.PER_Library:96180.1
1218
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That we, _______________________________, a STATE OF CALIFORNIA CORPORATION, as Principal and , a
corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of SIX HUNDRED FORTY-SIX THOUSAND, NINE HUNDRED TWENTY-SEVEN AND 00/100 DOLLARS ($646,927), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:
RWCF SOUTH BIOSCRUBBER REPAIRS
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 28 of 31
1219
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on
APPROVED AS TO SURETY: By:
PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:
LORI ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
ATTORNEY-IN-FACT
By:
ASSISTANT CITY ATTORNEY
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 29 of 31
1220
BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That we, TNT INDUSTRIAL CONTRACTORS, INC., a STATE OF CALIFORNIA CORPORATION, as Principal and , corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of SIX HUNDRED FORTY-SIX THOUSAND, NINE HUNDRED TWENTY-SEVEN AND 00/100 DOLLARS ($646,927), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:
RWCF SOUTH BIOSCRUBBER REPAIRS
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 30 of 31
1221
such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on .
APPROVED AS TO SURETY: By:
PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:
LORI ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
ATTORNEY-IN-FACT
By:
ASSISTANT CITY ATTORNEY
EXHIBIT 3
RWCF SOUTH BIOSCRUBBER REPAIRS Page 31 of 31
1222
City of Stockton
Legislation Text
File #: 25-0347, Version: 1
APPROVE MOTION TO EXECUTE A ONE (1) YEAR STANDARD AGREEMENT WITH TACTICAL
NIGHT VISION COMPANY FOR A ONE-TIME PURCHASE OF NIGHT VISION GOGGLES IN AN AMOUNT NOT TO EXCEED $584,865
RECOMMENDATION
It is recommended that the City Council approve a motion to authorize the Interim City Manager to execute a one-time purchase from Tactical Night Vision Company (TNVC), in an amount not to exceed $584,865.
It is further recommended that the Interim City Manager is hereby authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
Summary
The Stockton Police Department (SPD) is seeking to equip SWAT Operators with Night Vision Goggles (NVGs) for superior nighttime viewing in various environments and conditions, improving situational awareness and performance. These optics are favored for their user-friendly functionality and heightened accuracy, which are crucial factors in ensuring the safety of both the community and officers during high-stakes, dynamic incidents. SPD intends to procure thirty (30) NVGs, staying within the designated budget of $584,865.
DISCUSSION
Background
On November 12, 2024, Council approved Motion 2024-11-12-1210, the Community Oriented Policing Services (COPS) Technology and Equipment (TEP) grant funding of $963,000 to purchase NVGs and Flock Safety cameras. Like many other agencies across the nation, the City struggles with recruitment and retention of officers. SPD continues to identify smarter tools and resources in an effort to be as effective as possible in the field. The SPD SWAT team conducts an average of 150 operations annually. Currently, SWAT uses white light, making hostage takers aware of the presence of an operator. This prevents SWAT from moving the hostage into a position to block the engagement, potentially creating an unsafe environment not only for the officers but also for the community.
Present Situation
A Request for Proposal (PUR 25-015) for the purchase of thirty (30) NVGs was published in The Record on January 2, 2025. Notification to send in proposals for equipment was sent to multiple City of Stockton Page 1 of 2 Printed on 3/27/2025
powered by Legistar™1223
File #: 25-0347, Version: 1
regional and local vendors. On January 23, 2025, four proposals were received from the following:
· Botach Inc
· Proforce Marketing, Inc.
· Steele Industries Inc.
· Tactical Night Vision Company
The Selection Committee evaluated all proposals based on each firm’s qualifications, professional experience, industry expertise, and capacity. Once completed, the firms were ranked, and pricing was then added to the evaluation.
Staff is seeking Council approval to purchase thirty (30) NVGs from TNVC in an amount not to exceed $584,865 to assist SWAT in maximizing effectiveness and efficiency in responding to hostage situations in the dark hours of the night, from calls for service to our community and police response to the community.
FINANCIAL SUMMARY
Funding for the Standard Agreement with TNVC is available from the COPS TEP Grant funding allocations into the FY 2024-25, in the amount of $584,865.
Attachment A - TNVC Standard Agreement
City of Stockton Page 2 of 2 Printed on 3/27/2025
powered by Legistar™1224
CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton ("City") and Attachment A
Agreement Number:
Tactical Night Vision Company (TNVC) ("Contractor") to provide Night Vision Goggles as set forth in Exhibit A to this Agreement.
2. The term of this Agreement is as follows, unless amended as described in Exhibit I and Exhibit C section 8:
Commences on: April 1, 2025 Terminates on: April 1, 2026
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: $1584,865 I
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A- Statement of Work
(b) Exhibit B - Insurance
(c) Exhibit C - General Terms & Conditions
(d) Exhibit D - Goods and Services Special Terms and Conditions (e) Exhibit E - Compensation Schedule
(f) Exhibit F - Timeline
(g) Exhibit G - Special Funding Terms & Conditions ARPA (It applicable check box)YES D IN WITNESS WHEREOF, the authorized parties have executed this Agreement. I
CONTRACTOR
Tactical Night Vision Company
Contractor's Name • ther than an individual, state whether a corporation, partnersHip, etc.):
Pat Pamer Manager
Printed Name and Title of Person Signing
1050 Nevada Street, Suite 405 Redlands, CA 92374
Address
CITY OF STOCKTON
Steve Colangelo, Interim City Manager
ATTEST:
Katherine Roland, CMG, CPMC, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
(Rev. 01.17.25)
1 03-1 -2025
Date
11:>ate
1225
1226
1227
1228
1229
1230
1231
1232
1233
1234
1235
1236
1237
1238
1239
1240
1241
1242
1243
TNVC
TACTICAL NIGHT VISION COMPANY
1050 Nevada Street, Suite 405
Redlands, CA 9237◄
909-796-7000 saleslltnvc,com www.tnvc.com
BILL Stockton Police Department
TO: Stockton Police D&partment
2.2 E. Market St.
Stockton, CA 95202
REFERENCE ti
BID PUR 25-015 Night
V1sion Goggles '-
SHIPPING METHOD
-
-----
Quote
QUOTE If: �-000122
04TE: 01/03/2025
SHIP Stockton Police Department
TO: Stockton Police Department-S
22 E. Market St.
Stockton, CA 95202
P4YMENT TERMS EXPIRES --
Net 30 02/02/2025
-
ITEM II QTY DESCRIPTION UNIT PRICE AMOUNT - -
L3H-Bt-lV0-31 A-SA
ENV-RAIL-KIT-GRN-12
WLCX-L4G24T
KC-NERO-TN
Ground
30 L3Harris. BNVD Binocular Night Vision Device
(AN/PVS-31A) - Geo) (White Phosphor) 2376
MIN FOM. WP, AG, UNF, Aviation Grade Full $13,923.00
1 Kit w I CWBP & Cable, BLK ..
0*Includes tube
Data Sheet .. • ..... 10 Year TNVC I Warranty• .... P/H: SNG-001-A31 30 J ••R.ESTR.IC.TED - FED/LE .. Envision
l
Technology Rall-Mounted
I Aiming/Illumination Laser (RAIL), Green Vis
Laser (25Mw), NIR Pointer (25mW), NIR
llluminator (VCSEL) >135mW), NIR wide• $3,◄99.00 I angle LEO llluminator (-40mW), CR123, MILSTD-1913 ra1t 12· Remote, Soft Case, 1 Operator Manual, Quick Reference Card, FDA
30 Accession P/N: RAIL-0102-KIT-C02 -
Wilcox L4 G24 Mount w/ Low Profile S43.0.00 Breakaway Base - Tan PIN: 2l!J0OGZ4-T 30 Kinetic Consulting NERD Night Vision Elastic $33.75 Retention Device. Tan. 1 I Ground Shipping SO.DO I
Subtotal
Quote Date: 01/03/2025 Terms: Net 30 Expires: 02/02/2025 Customer ID: C-00003086 '
$-417 I 690, 00 I
I
$10-4,970.00
SH,900.00
$1,012.S0
so.oo
$536,572.50
- ----·-
Attachment A
1244
Sales Tu:
Total
Quote Dale: 01/03/2025 Terms: Net JO Expirl!'s: 02/02/2025 Customl!'r ID: C-00003086 $0.00
$536,572.50
Attachment A
1245
1246
City of Stockton
Legislation Text
File #: 25-0251, Version: 1
ADOPT RESOLUTION TO AWARD A SERVICE CONTRACT FOR THE NATURE-BASED
SOLUTIONS GRANT PROGRAM
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve Notice of Exemption No. NOE56-24 under the California Environmental Quality Act for the Nature-Based Solutions Grant Program, Project No. OM-25-107.
2. Award a Service Contract with San Joaquin County Office of Education DBA Greater Valley Conservation Corps of Stockton, CA, for the Nature-Based Solutions Grant Program, Project No. OM-25-107.
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 October 7, 2020, Governor Gavin Newsom signed the Nature-Based Solutions (NBS) Executive Order N-82-20, elevating the role of natural and working lands in the fight against climate change and advancing biodiversity conservation as an administrative policy. The NBS program called for restoring nature and landscape health to deliver on California’s climate change goals and other critical priorities, including improving public health and safety, securing our food and water supplies, and achieving greater equity across the State.
On May 30, 2024, the San Joaquin County Office of Education DBA Greater Valley Conservation Corps (GVCC) was awarded NBS Grant funds by the California Conservation Corps (Attachment A).
The program’s objective is to provide educational and career pathways for young adults, ages 18 to
26. GVCC will work with the Public Works Department to carry out eligible projects under the NBS program in City parks and streetscapes. Such projects include planting trees, developing new pollinator gardens and natural areas within existing parks, clearing brush, and removing trees and replacing them with native plants. As a result of the NBS award, there is no cost to the City in partnering with GVCC for these services.
The California Environmental Quality Act (CEQA) clearance is required to be filed with the San Joaquin County Recorder’s Office prior to performing any work.
It is recommended that Council adopt a resolution approving Notice of Exemption No. NOE56-24 under CEQA and authorizing the City Manager to execute a Service Contract with GVCC.
City of Stockton Page 1 of 3 Printed on 3/27/2025
powered by Legistar™1247
File #: 25-0251, Version: 1
DISCUSSION
Background
In 2010, GVCC became a certified local conservation corps. GVCC is the only recognized conservation corps that is operated by a county office of education, the San Joaquin County Office of Education. GVCC currently provides young adults, ages 18 to 26, with education, training, and employment in the fields of recycling and natural resources.
On October 7, 2020, Governor Gavin Newsom signed the NBS Executive Order N-82-20, elevating the role of natural and working lands in the fight against climate change and advancing biodiversity conservation as an administrative policy. The NBS program called for restoring nature and landscape health to deliver on California’s climate change goals and other critical priorities, including improving public health and safety, securing our food and water supplies, and achieving greater equity across the State. The California Natural Resources Agency has been charged with administrating programs and initiatives under the NBS directive and has distributed funds to various departments to advance NBS’ objectives and goals.
Eligible projects will be in disadvantaged communities and may include:
· Habitat conservation and restoration, such as invasive plant removal, planting native plants and trees, and planting drought-resistant vegetation.
· Forest health and wildfire resilience, such as vegetation management and brush clearance, removal of dead and dying trees, and construction of fuel breaks. · Urban and Community Greening, such as native tree planting, building urban and community gardens, composting, and removing asphalt to restore natural areas. · Equitable outdoor access and recreation, such as the construction of pedestrian, bicycle, and/or trail pathways and park infrastructure and features.
Present Situation
On May 30, 2024, the GVCC was awarded NBS Grant funds by the California Conservation Corps (Attachment A). GVCC will work with the Public Works Department to carry out eligible projects under the NBS program within City parks and streetscapes. Such projects include planting trees, developing new pollinator gardens and natural areas within existing parks, clearing brush, and removing trees and replacing them with native plants.
All NBS projects must comply with the CEQA. The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE56-24 under CEQA.
City of Stockton Page 2 of 3 Printed on 3/27/2025
powered by Legistar™1248
File #: 25-0251, Version: 1
FINANCIAL SUMMARY
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 - NBS Grant
City of Stockton Page 3 of 3 Printed on 3/27/2025
powered by Legistar™1249
GAVIN NEWSOM, Governor
WADE CROWFOOT, Secretary, California Natural Resources Agency JP PATTON, Director, California Conservation Corps
May 30, 2024
Nick Mueller, Director
Greater Valley Conservation Corps
2040 E Fremont St.
Stockton, CA 95205
Local Conservation Corps Nature-Based Solutions Grant Program – GVCC Stockton NBS Initiative
Dear Nick:
Congratulations! Greater Valley Conservation Corps has been awarded $1,785,714.00 in funding for the GVCC Stockton NBS Initiative program under Grant Agreement #: G-NBS-22- 78661. The project performance period for this program is May 31, 2024 – September 30, 2027.
You may begin incurring expenses from that date.
Enclosed you will find your approved Program Description and Deliverables, Estimated Timeline, CCC Form 510 – Budget Estimate, and CCC Form 509 – Hourly Rate Justification Form.
You have a remaining balance of $785,714.00 that can be applied to a separate program-level initiative or project by March 31, 2027.
The California Conservation Corps is committed to the success of your program and is available to provide grant management support and technical assistance throughout the grant period.
Please reach out to Andrea Gabriel at 916-341-3272 or via email at [email protected] for questions and support.
Best Regards,
Ka-Ryn Escovedo
Ka-Ryn Escovedo
Manager, Environmental Programs
Emergency and Environmental Programs Unit
California Conservation Corps
ATTACHMENT A
1250
Program Description: Greater Valley Conservation Corps (GVCC) will establish one NatureBased Solutions (NBS) crew of four corpsmembers who will receive workforce education, skill development, job training, and career pathway opportunities while working on projects with the City of Stockton that meet NBS objectives:
1. Supporting sustainable land management practices to tackle environmental, social, and economic challenges.
2. Promoting biodiversity protection, habitat restoration, wildfire resilient, sustainably managed landscapes and other conservation outcomes.
3. Accelerating the natural removal of carbon and building climate resilience in our local forests, wetlands, urban greenspaces, and land conservation activities in ways that serve all communities and in particular disadvantaged and climate
4. Expanding equitable outdoor access and recreation for all.
Project examples include but are not limited to:
• Habitat conservation and restoration through invasive plant removal and native plant and tree planting
• Forest health and wildfire resilience through vegetation management, removal of dead and dying trees, and construction of fuel breaks
• Urban and community greening through the construction of urban and community gardens and removing asphalt to restore natural areas
• Expanding equitable outdoor access and recreation through the construction of pedestrian, bike, and/or trail pathways and installation of park infrastructure and features Program Deliverables:
• Establish one NBS crew of four corpsmembers
• Employ the NBS crew for 728 days
• Crew completion of 15 NBS-eligible projects
• Provide 42 months of workforce development training to the NBS crew • Provide 42 months of wraparound services and support to the NBS crew Timeline:
• May 2024 – July 2024: Program launch; Corpsmember recruitment, selection, and onboarding
o Release corpsmember applications and select corpsmembers for the NBS crew o Identify NBS-eligible projects with the City of Stockton • July 2024 – June 2027: Project implementation; corpsmember training and development o Complete NBS-eligible projects with the City of Stockton o Corpsmembers to complete trainings that include, but are not limited to, S-212 chainsaw training, OSHA 10, CPR/First Aid, aboriculture, landscape management, and other training opportunities from the City of Stockton such as safe operation and use of aerial lifts and cranes
o Provide to corpsmembers educational and career pathway support, such as career exploration, field trips to community colleges and job fairs, and hosting career-focused presentations from guest speakers
ATTACHMENT A
1251
Budget:
Quantity Unit Cost Per
Unit Total Cost
A. Direct Project or Program Staff
Corpsmember Hours Hours 46.44$ 909,480.96 19,584 $
Corps to Career Liaison 3,886 Hours 16.46$ $ 63,963.56
Sub-total 973,444.52 $
B. Direct Operating Expenses & Equipment
Barrier Removal/Food & Transportation $ 190,861.00
Materials/Supplies $ 197,000.00
Acknowledgment Signage $ 26,500.00
Trainings $ 65,000.00
Equipment/Rental $ 83,000.00
Community Enagement $ 17,000.00
Sub-total 579,361.00 $
C. Indirect Costs $ 232,908.48
Grant Grand Total $ 1,785,714.00
ATTACHMENT A
1252
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE56-24 AND
AWARDING A SERVICE CONTRACT FOR THE NATURE-BASED SOLUTIONS GRANT PROGRAM, PROJECT NO. OM-25-107
On May 30, 2024, the San Joaquin County Office of Education DBA Greater Valley Conservation Corps (GVCC) was awarded Nature-Based Solutions (NBS) Grant funds by the California Conservation Corps. The program’s objective is to provide educational and career pathways for young adults, ages 18 to 26; and The NBS Grant Program’s scope of work includes habitat conservation and restoration, forest health and wildfire resilience, urban and community greening, and equitable outdoor access and recreation at parks located in the City of Stockton. As a result of GVCC securing the NBS Grant, the project will incur no cost to the City of Stockton; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the filing of Notice of Exemption No. NOE56-24 under the California Environmental Quality Act for the NBS Grant Program, Project No.
OM-25-107, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The City Council awards a Service Contract between the City of Stockton and GVCC, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
3. The City Council authorizes the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED April 1, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
1253
1254
Nature Based Solutions Grant Program, Project No. OM-25-107 (Updated 10/18/23)
CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of 2025, between the CITY OF STOCKTON, a municipal corporation (“CITY), and SAN JOAQUIN COUNTY OFFICE OF EDUCATION DBA GREATER VALLEY CONSERVATION CORPS a PARTNERSHIP, with a business address at P.O. BOX 213030, STOCKTON, CA 95213, hereinafter called "CONTRACTOR.," THIS CONTRACT is for the NATURE BASED SOLUTIONS GRANT PROGRAM, PROJECT NO. OM-25- 107, hereinafter referred to as “SERVICE”.
RECITALS
A. CONTRACTOR represents that it is licensed in the State of California and is qualified, willing and able to provide the services proposed in the SCOPE OF WORK section of this Contract.
B. CITY finds it necessary and advisable to use the services of the CONTRACTOR for the purposes provided in this Contract.
NOW THEREFORE, in consideration of the mutual promises, covenants and conditions in this Contract, CITY and CONTRACTOR agree as follows:
1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall undertake and complete the services described in Exhibit A (scope and specifications). CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. CONTRACTOR agrees that it shall provide fully complete services including all labor, materials, tools, equipment and insurance required and that are acceptable to the CITY.
2. COMPENSATION. Work will be provided with no compensation.
3. INSURANCE. During the term of this Contract, 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 (Insurance Requirements and Forms) which is attached to this contract and incorporated by this reference, and shall otherwise comply with the other provisions of Exhibit B. Maintenance of proper insurance coverage is a material element of this contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.
CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum EXHIBIT 2 Page 1 of 26
1255
Nature Based Solutions Grant Program, Project No. OM-25-107 (Updated 10/18/23)
coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and noncontributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self-insurance shall be called upon to protect it as a named insured.
All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project.
In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONTRACTOR.
CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. CONTRACTOR further agrees to include these same provisions with any subcontractor regardless of tier. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The CONTRACTOR shall require all Subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the CITY.
4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against 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 EXHIBIT 2
1256
Nature Based Solutions Grant Program, Project No. OM-25-107 (Updated 10/18/23)
minimum insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
5. SCHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on SEPTEMBER 30, 2027, unless extended by mutual agreement through the issuance of a Contract Amendment.
6. CONFORMANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d) http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division =2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
N/A
e. LOCAL EMPLOYMENT ORDINANCE
N/A
f. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or EXHIBIT 2
1257
Nature Based Solutions Grant Program, Project No. OM-25-107 (Updated 10/18/23)
entities.
7. CONTRACT AMENDMENTS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Project Manager to be necessary or advisable and to require such extra work as may be determined by the Project Manager to be required for the proper completion of the whole work contemplated.
Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.
8. RIGHTS AND DUTIES OF CITY. CITY shall make available to CONTRACTOR all data and information in the possession of CITY which both parties deem necessary to complete the work, and CITY shall actively aid and assist CONTRACTOR in obtaining such information as may be deemed necessary from other agencies and individuals.
9. OBLIGATIONS OF CONTRACTOR. Throughout the term of this Contract, CONTRACTOR represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the CONTRACTOR to practice its professions, and CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals CONTRACTOR shall meet with the Public Works Director or other personnel of CITY or third parties as necessary on all matters connected with the carrying out of CONTRACTOR’S services. Such meetings shall be held at the request of either party hereto. CONTRACTOR further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
10. TERMINATION. This Agreement is effective on the Effective Date. The City may terminate this Contract and work pursuant to any of all scope of works at any time by mailing a notice in writing to Contractor. The Contract shall then be deemed terminated and no further work shall be performed by Contractor. If the Contract is so terminated, the Contractor shall be paid for that percentage of work actually completed at the time the notice of termination is received.
11. CONTRACTOR STATUS. In performing the obligations set forth in this Contract, 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 of the CITY. Subcontractors shall not be recognized as having any direct or contractual relationship with the CITY. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The CONTRACTOR is responsible to the CITY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contract any third persons are employed by CONTRACTOR, EXHIBIT 2
1258
Nature Based Solutions Grant Program, Project No. OM-25-107 (Updated 10/18/23)
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.
i. 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.
ii. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against the CITY based upon any contention by any third party that employer-employee relationship exists by reason of this Contract.
12. ASSIGNMENT. CONTRACTOR shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the CITY, and then only upon such terms and conditions as CITY may set forth in writing. CONTRACTOR shall be solely responsible for reimbursing subcontractors.
13. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.
14. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To CONTRACTOR: San Joaquin County Office of Education To City: Public Works Director DBA Greater Valley Conservation Corps City of Stockton
P.O. Box 213030 22 E. Weber Ave., Rm. 301
Stockton, CA 95213 Stockton, CA 95202
15. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the CITY’S execution of this Contract and prior to the CONTRACTOR engaging in any operation or activity set forth in this Contract, CONTRACTOR shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. CONTRACTOR covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.
16. RECORDS AND AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
CONTRACTOR agrees that CITY or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested, and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract.
CONTRACTOR agrees to maintain such records for a period of three years from the date that final EXHIBIT 2
1259
Nature Based Solutions Grant Program, Project No. OM-25-107 (Updated 10/18/23)
payment is made.
17. CONFIDENTIALITY. CONTRACTOR shall exercise reasonable precautions to prevent the unauthorized disclosure and use of CITY’S reports, information, or conclusions.
18. CONFLICTS OF INTEREST. CONTRACTOR covenants that other than this Contract, 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 or degree by the performance of CONTRACTOR’S services under this Contract. If such an interest arises, CONTRACTOR will immediately notify CITY.
19. WAIVER. In the event either CITY or CONTRACTOR at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
20. GOVERNING LAW. California law shall govern any legal action pursuant to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
21. DISPUTE RESOLUTION. Prior to undertaking any litigation, the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between senior managers of each Party having authority to resolve the dispute.
1. Venue
Any controversy or claim between the Parties shall be determined 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.
2. If any litigation action or proceeding is commenced in connection with this Agreement, the prevailing Party, as determined by the court, shall be entitled to reasonable attorneys' fees (including allocated costs for in-house legal services), costs and necessary disbursements incurred in such action or proceeding.
22. NO PERSONAL LIABILITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY or for any amount due CONTRACTOR.
23. INTEGRATION AND MODIFICATION. The response by CONTRACTOR to the Request for Proposals or Qualifications and the Request for Proposals or Qualifications on file with the CITY are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals or Qualifications. This Contract represents the entire integrated agreement between CONTRACTOR and CITY, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by CONTRACTOR and CITY. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency EXHIBIT 2
1260
EXHIBIT 2
1261
Scope of Work
Greater Valley Conservation Corps (GVCC) will establish one Nature-Based Solutions (NBS) crew of four corpsmembers who will work four days per week on projects with the City of Stockton under the leadership of the City Parks and Tree Section, with a contract arborist providing additional instruction as needed. All project work must meet the objectives of the Local Conservation Corps Nature-Based Solutions (NBS) Grant Program and receive project approval by the California Conservation Corps prior to beginning work. NBS objectives include:
1. Supporting sustainable land management practices to tackle environmental, social, and economic challenges.
2. Promoting biodiversity protection, habitat restoration, wildfire resilient, sustainably managed landscapes and other conservation outcomes.
3. Accelerating the natural removal of carbon and building climate resilience in our local forests, wetlands, urban green spaces, and land conservation activities in ways that serve all communities and in particular disadvantaged and climate
4. Expanding equitable outdoor access and recreation for all.
In addition to planting trees, the team will work to develop new pollinator gardens and natural areas within existing parks. Additional work will include clearing brushes and removing trees and replacing these with native plantings in some areas. Training will consist of overviews of each project and best management practices. Crew will be included at any Parks and Tree Division training that is relevant to the scope of work.
GVCC maintains its own equipment. In addition, GVCC has funds available within the grant budget for equipment rental if additional equipment is needed.
EXHIBIT A EXHIBIT 2
1262
REV 2024-03-25
Exhibit B:
Insurance Requirements
(Services)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
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 EXHIBIT B EXHIBIT 2
1263
REV 2024-03-25
operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
EXHIBIT B EXHIBIT 2
1264
REV 2024-03-25
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
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 EXHIBIT B EXHIBIT 2
1265
REV 2024-03-25
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.
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 St, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT B EXHIBIT 2
1266
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.
II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.
All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.
C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.
D. All City employees and non-employees share a responsibility to assist in EXHIBIT C EXHIBIT 2
1267
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.
E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up to and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.
F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.
G. The City of Stockton prohibits retaliation against any employee or nonemployee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.
H. This policy applies to all officials, employees, volunteers, unpaid interns, agents, or contractors of the City.
I. This policy shall be administered by the Director of Human Resources.
EXHIBIT C EXHIBIT 2
1268
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:
1. Soliciting applications from a source where all or most of potential workers are of the same race or color.
2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and
3. Questioning a job applicant about the existence, nature and severity of a disability.
B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3) EXHIBIT C EXHIBIT 2
1269
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14
DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.
Harassment may take many forms, including, but not limited to, the following examples:
1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
2. Physical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made a term or condition of employment; or
2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
EXHIBIT C EXHIBIT 2
1270
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14
DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93
3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.
Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Making or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.
EXHIBIT C EXHIBIT 2
1271
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date: HARASSMENT POLICY Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.
D. Affordable Care Act (ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:
1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;
2. Reports potential violations of protections afforded under Title I of the Act, which provides guaranteed availability protections among other things;
3. Testifies in a proceeding concerning such violation;
4. Assists or participates in a proceeding concerning a violation; or
5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.
An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.
IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any EXHIBIT C EXHIBIT 2
1272
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.
1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and nonemployees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or EXHIBIT C EXHIBIT 2
1273
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14
DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.
If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge shall be taken.
2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or nonemployee to cease the conduct.
EXHIBIT C EXHIBIT 2
1274
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From: HARASSMENT POLICY Effective Date:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.
B. Confidentiality. The City will make every effort to protect the privacy and confidentiality of all parties involved, as well as any information and/or documentation obtained, to the extent possible consistent with a thorough investigation.
C. Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.
V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is EXHIBIT C EXHIBIT 2
1275
Subject:
B.
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.
Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:
1. Identify and preserve the evidence.
2. Confirm the name and position of the complainant. Interview the complainant.
3. Allow the complainant the opportunity to place the complaint in writing.
4. Obtain the identity of the alleged harasser(s).
5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and witnesses (if applicable).
6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).
7. Ascertain if any threats or promises were made in connection with the alleged harassment.
8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).
9. Ascertain whether the complainant has spoken to anyone, especially EXHIBIT C EXHIBIT 2
1276
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 11 of 14
DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.
10. Ascertain what resolution would be acceptable to the complainant.
11. Interview the alleged harasser to get his or her side of the story, including any possible motivation for a false allegation.
12. Interview witnesses who were identified by the complainant regarding the alleged harasser or other persons identified during the investigation.
13. Interview witnesses who were identified by the alleged harasser or other persons identified during the investigation.
14. Advise all participants that the investigation is "confidential" and not to engage in any retaliatory conduct, as such conduct is subject to disciplinary action up to and including discharge. Confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.
15. Conduct follow-up interviews, if warranted.
16. Prepare report of findings and discuss with management and designated legal staff.
VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall EXHIBIT C EXHIBIT 2
1277
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.
B. If either the department head or the Director of Human Resources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.
C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consulting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.
D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged to have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determination as to whether the complaint is:
1. Unsustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).
2. Unfounded: The investigation proved that the act(s) or omission(s) EXHIBIT C EXHIBIT 2
1278
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09
3. 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.
Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.
E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.
F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.
VII. DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.
VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these EXHIBIT C EXHIBIT 2
1279
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 14 of 14
DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.
IX. COMMUNICATION OF POLICY
This policy shall be provided to all managers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.
APPROVED:
c:r��SON
CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1
EXHIBIT C EXHIBIT 2
1280
City of Stockton
Legislation Text
File #: 25-0321, Version: 1
THE FISCAL YEAR 2025-26 PROJECT LIST FOR THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 (SB1) AND SUBMITTAL OF REPORTS TO THE CALIFORNIA TRANSPORTATION
COMMISSION
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Fiscal Year 2025-26 project list for the Road Repair and Accountability Act of 2017 (SB1).
2. Approve submittal of reports to the California Transportation Commission related to the Road Repair and Accountability Act of 2017 (SB1).
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
Adoption of the proposed resolution allocates an estimated $8,403,380 in new funding to local street resurfacing; curb, gutter, sidewalk, and curb ramp repairs; street furniture painting; street re-striping; and routine bridge maintenance. On April 28, 2017, the Governor signed Senate Bill 1 (SB1), known as the Road Repair and Accountability Act of 2017. SB1 funding provides for basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and road systems. The California Transportation Commission (CTC) is responsible for oversight of funding and/or programs created with the approval of SB1.
SB1 funds the Road Maintenance and Rehabilitation Account (RMRA) Program. The CTC adopted guidelines that require agencies to submit a list of eligible RMRA projects by July 1 of each fiscal year. The Fiscal Year (FY) 2025-26 RMRA funding allocation for the City is estimated at $8,403,380.
Staff recommends that funding be allocated to local street resurfacing; curb, gutter, sidewalk, and curb ramp repairs; street furniture painting; street re-striping; and routine bridge maintenance.
Specific locations within these project categories are selected by utilizing a variety of data resources and analysis methods. Street resurfacing locations are selected based on pavement condition data and cost/benefit analysis utilizing the City’s pavement management system (PMS). Curb, gutter, sidewalk, and curb ramp repair locations are prioritized in chronological order, based on the date of the original customer service request. Re-stripe of worn traffic striping along arterial and collector streets will be done as funding allows.
The recommended action approves the allocation of available funding for the projects listed in Exhibit 1 to the Resolution. The projects are included in the proposed FY 2025-26 Capital Improvement Plan City of Stockton Page 1 of 4 Printed on 3/27/2025
powered by Legistar™1281
File #: 25-0321, Version: 1
(CIP). The projects are anticipated to be advertised for construction bids by late 2025, with most of the construction activity to be undertaken in 2026, weather permitting.
DISCUSSION
Background
On April 28, 2017, the Governor signed SB1, known as the Road Repair and Accountability Act of 2017. SB1 funding provides basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and road systems. The CTC is responsible for oversight of funding and/or programs created with the approval of SB1.
SB1 provides funding for the RMRA Program. Other programs include the Local Partnership Program, the Active Transportation Program, State Highway Operation and Protection Program, and Local Streets and Roads Program. The RMRA funding is part of the City’s overall Gas Tax allocation; however, RMRA funds can only be expended on projects that meet eligibility criteria and have been approved by the CTC. RMRA funds are accounted for and reported separately from the regular Gas Tax funds.
At its June 2017 meeting, the CTC adopted programmatic guidelines which set forth the process and procedures for using the RMRA funding. The guidelines are intended to provide guidance and ensure accountability of funding invested in public projects.
An estimated $8.3 million in SB1 RMRA Program funding was allocated to the City for FY 2024-25 as approved by Council on May 14, 2024, by Resolution No. 2024-05-14-1220. An update of the delivery of the FY 2024-25 projects is included as Attachment A.
Present Situation
In accordance with the program guidelines, each agency is required to submit a list of eligible RMRA projects to the CTC by July 1 of each year. The criteria for eligible projects include road maintenance and rehabilitation, safety initiatives, railroad grade separations, complete streets components, and traffic control improvements. The funds cannot be used for general miscellaneous transportation maintenance operations.
Funding for the City is estimated to be $8,403,380 for FY 2025-26. Staff recommends that the project funding be allocated to the following local street resurfacing; curb, gutter, sidewalk, and curb ramp repairs; street furniture painting; street re-striping; and routine bridge maintenance:
· Local Street Resurfacing - Install approximately 42 centerline miles of resurfacing treatments on local roadways Citywide ($5,803,380). The City’s PMS is used to determine which specific roadway segments should be included. The system analyzes variables, such as current pavement conditions and projected traffic load, to forecast how roadway segments will decline over time. The forecasts are used to evaluate the cost and benefit of repair options and identify the optimal pavement resurfacing plan. The current pavement condition is numerically represented by the pavement condition index (PCI), which is calculated for each roadway segment utilizing a nationally standardized method. A PCI rating of 100 means the street is in City of Stockton Page 2 of 4 Printed on 3/27/2025
powered by Legistar™1282
File #: 25-0321, Version: 1
perfect condition. A zero means the road has no functioning surface. Resurfacing work consists of either slurry seal resurfacing, micro-surfacing, cape seal, or an asphalt overlay. A cost-effective method of maintaining streets is to provide treatment for streets that are in fair to good condition (PCI ratings near or above 70). The preservation of streets in this condition is critical, as rehabilitation costs rise exponentially as pavements deteriorate. Examples of project locations include:
· Oregon Avenue from Canal Drive to 170’ North of Crystal Way (County Limit) · Henry Long Boulevard from McCuen Avenue to Carolyn Weston Boulevard · Benjamin Holt Drive from El Dorado Street to Hemet Avenue · Mendocino Avenue from Kensington Way to Dwight Way
· Piccardo Circle from Rose Marie Lane to Rose Marie Lane The City’s current overall PCI for the entire network is approximately 57 (on a 0 to 100 scale).
Continued current allocation of a significant portion of RMRA funds to pavement resurfacing is expected to reduce the overall network by two PCI annually. · Curb, Gutter, Sidewalk, and Curb Ramp - Remove and replace City tree-damaged curb, gutter, and sidewalk and update curb ramps at approximately 150 (100 sidewalk and 50 curb ramps) locations Citywide ($1,550,000). The City regularly receives requests for the repair of curbs, gutters, and sidewalks and the installation of curb ramps. Each request is evaluated to determine if the repair is the City’s responsibility. If repairs are warranted, the location is added to a database for future permanent repairs. For sidewalk locations that need immediate correction, the temporary repair is made using asphalt concrete material to patch the displaced area to remove the tripping hazard. Permanent repairs are made as funding becomes available and are prioritized in chronological order, based on the date of the original service request.
· Street Furniture Painting - Repaint streetlight poles, railings, and other street furniture to prolong the useful life and aesthetics of the asset ($250,000). · City Street Re-Striping - Re-stripe worn traffic striping along arterial and collector streets ($300,000).
· Bridge Maintenance Program - The project will cover routine bridge maintenance that would not be funded with Federal-Aid Highway Program funding. Routine bridge maintenance is defined as regularly scheduled activities that maintain bridge components in their present or intended condition ($500,000).
The CTC established a standardized project submission form, and the list of projects to be submitted to the CTC in the required format is attached as Exhibit 1 to the Resolution. The FY 2025-30 CIP will include the budget for the estimated $8,403,380 in FY 2025-26 SB1 RMRA funding. These projects are anticipated to be advertised for construction bids by late 2025, with most of the construction activity to be undertaken in 2026, weather permitting.
RMRA funding is estimated to be relatively the same in FY 2026-27 at approximately $8.0 million.
City of Stockton Page 3 of 4 Printed on 3/27/2025
powered by Legistar™1283
File #: 25-0321, Version: 1
Expenditure of these funds will be programmed to specific projects in the FY 2026-31 CIP, with separate approvals by Council prior to July 1, 2026.
FINANCIAL SUMMARY
The total RMRA funding is estimated to be $8,403,380 for FY 2025-26. The FY 2025-30 CIP will include the appropriation for the estimated $8,403,380 in FY 2025-26 SB1 RMRA funding as follows:
· Local Street Resurfacing, Project No. WD26003, in the amount of $5,803,380. · Curb, Gutter, Sidewalk, and Curb Ramp Repairs, Project No. WD26004, in the amount of $1,550,000.
· Street Furniture Painting, Project No. WD26008, in the amount of $250,000. · City Street Re-Striping, Project No. WD26009, in the amount of $300,000. · Bridge Maintenance Program, Project No. WT23010, in the amount of $500,000.
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 - RMRA Project List FY 2024-25
City of Stockton Page 4 of 4 Printed on 3/27/2025
powered by Legistar™1284
City: Stockton
County: San Joaquin
Legistlative District: Assembly 13; Senate 5
Average PCI: 64
Year of PCI Measurement: 2021
PROJECT
NUMBER
DESCRIPTION LOCATION CONSTRUCTION
START DATE
ESTIMATED
USEFUL LIFE
FUNDING
ALLOCATED
WD25003
Includes projects to provide
approximately 40 centerline miles
of various types of resurfacing
treatments
Street segments within City Council Districts 1, 2, 3, 4, 5, and 6 will be resurfaced. Final street segments will be reported upon completion in the expenditure report. City Council District map can be found at the following link:
https://cms3.revize.com/revize/stockton/Documents/Services/Map s%20&%20GIS%20Data/Printable%20Maps/CouncilMap.pdf
Anticipated Spring
2025
5-7 years 5,678,001.00 $
WD25004
Includes removal and replacement
of City tree-damaged curb, gutter,
sidewalk, and construction of curb
ramps
Damaged curb, gutter, and sidewalk will be replaced, and wheelchair ramps will be constructed within City Council Districts 1, 2, 3, 4, 5, and 6. Final locations will be reported upon completion in the expenditure report. City Council District map can be found at the following link:
https://cms3.revize.com/revize/stockton/Documents/Services/Map s%20&%20GIS%20Data/Printable%20Maps/CouncilMap.pdf
Anticipated Spring
2025
50 years 1,550,000.00 $
WD25008
Repaint streetlight poles, railings,
and other street furniture to
prolong the useful life and
aesthetics of the asset
Street furniture within City Council Districts 1, 2, 3, 4, 5, and 6 will be repainted. Final locations will be reported upon completion in the expenditure report. City Council District map can be found at the following link:
https://cms3.revize.com/revize/stockton/Documents/Services/Map s%20&%20GIS%20Data/Printable%20Maps/CouncilMap.pdf
Anticipated Spring
2025
7-10 years 250,000.00 $
WD25009 Re-stripe worn traffic striping
along arterial and collector streets
Street segments within City Council Districts 1, 2, 3, 4, 5, and 6 will be re-striped. Final street segments will be reported upon completion in the expenditure report. City Council District map can be found at the following link:
https://cms3.revize.com/revize/stockton/Documents/Services/Map s%20&%20GIS%20Data/Printable%20Maps/CouncilMap.pdf
Anticipated Spring
2025
5-7 years 300,000.00 $
WT23010
This project will maintain City
bridges that are not included in the
federal Highway Bridge
Replacement and Rehabilitation
(HBRR) program
Bridges within City Council Districts 1, 2, 3, 4, 5, and 6 will be evaluated. Project locations will be reported upon completion in the expenditure report. City Council District map can be found at the following link:
https://cms3.revize.com/revize/stockton/Documents/Services/Map s%20&%20GIS%20Data/Printable%20Maps/CouncilMap.pdf
Anticipated Spring
2025
7-10 years 500,000.00 $
TOTAL SB1 RMRA FUNDING ALLOCATED FOR FY 2024-2025 $ 8,278,001.00 ROAD MAINTENANCE AND REPAIR ACCOUNT (RMRA) PROJECT LIST FOR FISCAL YEAR 2024-25
PROJECT NAME
Bridge Maintenance Program
Local Street Resurfacing FY 24-25 SB1
Sidewalk, Curb, and Gutter, and Curb Ramp
Repairs FY 24-25 SB1
City Street Re-Striping FY 24-25 SB1
Street Furniture Painting FY 24-25 SB1
ATTACHMENT A
1285
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE FISCAL YEAR 2025-26 PROJECT LIST FOR THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 (SB1) AND SUBMITTAL OF REPORTS TO
THE CALIFORNIA TRANSPORTATION COMMISSION
On April 28, 2017, the Governor signed Senate Bill 1 (SB1), known as the Road Repair and Accountability Act of 2017. SB1 funding provides for basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and road systems; and The California Transportation Commission (CTC) is responsible for oversight of funding and/or programs created with the approval of SB1; and
SB1 provides funding for the Road Maintenance and Rehabilitation Account (RMRA) Program. The RMRA funding is part of the City’s overall Gas Tax allocation; however, RMRA funds can only be expended on projects that meet eligibility criteria and have been approved by the CTC; and
The Fiscal Year (FY) 2025-26 RMRA funding allocation for the City is estimated to be $8,403,380; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the FY 2025-26 project list for the Road Repair and Accountability Act of 2017 (SB1), in the amount of $8,403,380, a copy of which is attached as Exhibit 1 and incorporated by reference.
2. The City Council authorizes the Public Works Director or his/her designee to submit all necessary reports to the CTC related to the Road Repair and Accountability Act of 2017 (SB1).
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: April 1, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
1286
City: Stockton
County: San Joaquin
Legistlative District: Assembly 13; Senate 5
Average PCI: 64
Year of PCI Measurement: 2021
PROJECT
NUMBER
DESCRIPTION LOCATION CONSTRUCTION
START DATE
ESTIMATED
USEFUL LIFE
FUNDING
ALLOCATED
WD26003
Includes projects to provide
approximately 42 centerline miles
of various types of resurfacing
treatments
Street segments within City Council Districts 1, 2, 3, 4, 5, and 6 will be resurfaced. Final street segments will be reported upon completion in the expenditure report. City Council District map can be found at the following link:
https://gisportal.stocktonca.gov/portal/sharing/rest/content/items/ ff53dbc8dad24f618d2826dd49aecd79/data
Anticipated Spring
2026
5-7 years 5,803,380.00 $
WD26004
Includes removal and replacement
of City tree-damaged curb, gutter,
sidewalk, and construction of curb
ramps
Damaged curb, gutter, and sidewalk will be replaced, and wheelchair ramps will be constructed within City Council Districts 1, 2, 3, 4, 5, and 6. Final locations will be reported upon completion in the expenditure report. City Council District map can be found at the following link:
https://gisportal.stocktonca.gov/portal/sharing/rest/content/items/ ff53dbc8dad24f618d2826dd49aecd79/data
Anticipated Spring
2026
50 years 1,550,000.00 $
WD26008
Repaint streetlight poles, railings,
and other street furniture to
prolong the useful life and
aesthetics of the asset
Street furniture within City Council Districts 1, 2, 3, 4, 5, and 6 will be re-painted. Final locations will be reported upon completion in the expenditure report. City Council District map can be found at the following link:
https://gisportal.stocktonca.gov/portal/sharing/rest/content/items/ ff53dbc8dad24f618d2826dd49aecd79/data
Anticipated Spring
2026
7-10 years 250,000.00 $
WD26009 Re-stripe worn traffic striping
along arterial and collector streets
Street segments within City Council Districts 1, 2, 3, 4, 5, and 6 will be re-striped. Final street segments will be reported upon completion in the expenditure report. City Council District map can be found at the following link:
https://gisportal.stocktonca.gov/portal/sharing/rest/content/items/ ff53dbc8dad24f618d2826dd49aecd79/data
Anticipated Spring
2026
5-7 years 300,000.00 $
WT23010
This project will maintain City
bridges that are not included in the
federal Highway Bridge
Replacement and Rehabilitation
(HBRR) program
Bridges within City Council Districts 1, 2, 3, 4, 5, and 6 will be evaluated. Project locations will be reported upon completion in the expenditure report. City Council District map can be found at the following link:
https://gisportal.stocktonca.gov/portal/sharing/rest/content/items/ ff53dbc8dad24f618d2826dd49aecd79/data
Anticipated Spring
2026
7-10 years 500,000.00 $
TOTAL SB1 RMRA FUNDING ALLOCATED FOR FY 2025-2026 $ 8,403,380.00 ROAD MAINTENANCE AND REPAIR ACCOUNT (RMRA) PROJECT LIST FOR FISCAL YEAR 2025-26
PROJECT NAME
Bridge Maintenance Program
Local Street Resurfacing FY 25-26 SB1
Sidewalk, Curb, and Gutter, and Curb Ramp
Repairs FY 25-26 SB1
City Street Re-Striping FY 25-26 SB1
Street Furniture Painting FY 25-26 SB1
EXHIBIT 1
1287
City of Stockton
Legislation Text
File #: 25-0111, Version: 1
ADOPT RESOLUTION TO APPROPRIATE AND TRANSFER FUNDS, AND AWARD A
PROFESSIONAL SERVICES CONTRACT FOR THE SYSTEMIC PEDESTRIAN SAFETY
ENHANCEMENTS PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Appropriate Highway Safety Improvement Program funds in the amount of $461,340 to the Systemic Pedestrian Safety Enhancements, Project No. WT23041/Federal Project No. HSIPL5008(209).
2. Transfer funds in the amount of $51,260 from Grant Match, Project No. WT21016, to the Systemic Pedestrian Safety Enhancements, Project No. WT23041/Federal Project No. HSIPL5008(209).
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 W-Trans of Oakland, CA, in the amount of $308,586.24, for design services for the Systemic Pedestrian Safety Enhancements, Project No. WT23041/Federal Project No. HSIPL-5008(209).
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 Highway Safety Improvement Program (HSIP) is a core federal-aid program established to achieve a significant reduction in fatalities and serious injuries on all public roads. Caltrans, Division of Local Assistance, manages California's local agency share of HSIP funds. The Systemic Pedestrian Safety Enhancements project was awarded Cycle 11 HSIP funding. The project will install roadway safety enhancements at the intersections of Lorraine Avenue and Hammer Lane, Wilson Way and Park Street, and Wilson Way and Waterloo Road. These enhancements include pedestrian crossing improvements with high visibility crosswalks, left-turn lanes, traffic signal modification, new median, and curb ramp upgrades with new pavement surfaces.
On June 26, 2024, the City advertised a Request for Proposals (RFP) for design services for the Systemic Pedestrian Safety Enhancements, Project No. WT23041/Federal Project No. HSIPL-5008 (209). On July 25, 2024, two firms submitted proposals for this project. The Selection Committee evaluated the proposals and found W-Trans of Oakland, CA, to be the more qualified and higherCity of Stockton Page 1 of 4 Printed on 3/27/2025 powered by Legistar™1288
File #: 25-0111, Version: 1
ranked firm. Staff negotiated a fee in the amount of $308,586.24 with W-Trans for design services.
It is recommended that Council adopt a resolution appropriating and transferring funds and authorizing the City Manager to execute a Professional Services Contract in the amount of $308,586.24 with W-Trans for design services. Design is anticipated to be completed by spring 2026.
This project is federally funded and is subject to federal Disadvantaged Business Enterprise (DBE) requirements.
DISCUSSION
Background
HSIP is a federal-aid program administered by Caltrans and established to achieve a significant reduction in fatalities and serious injuries on all public roads. Caltrans, Division of Local Assistance, manages California's local agency share of HSIP funds. HSIP focuses on infrastructure projects with nationally recognized crash reduction factors. HSIP projects are prioritized based on crash experience, benefit from counter measures, or other data-supported means.
In September 2022, the City submitted six grant applications to Caltrans for Cycle 11 of the HSIP grant program. One of the applications was for the Systemic Pedestrian Safety Enhancements project. The project will install roadway safety enhancements at the intersections of Lorraine Avenue and Hammer Lane, Wilson Way and Park Street, and Wilson Way and Waterloo Road. These enhancements include pedestrian crossing improvements with high visibility crosswalks, left-turn lanes, traffic signal modifications, new median, and curb ramp upgrades with new pavement surfaces.
In November 2023, staff received Caltrans authorization to proceed with preliminary engineering of the Systemic Pedestrian Safety Enhancements, Project No. WT23041/Federal Project No. HSIPL5008(209) in the amount of $461,340. This project is federally funded and requires a local match in the amount of $51,260.
Since the project is funded with federal transportation dollars, DBE program rules apply. DBE rules require that the prime contractor either meet a calculated project-specific DBE participation goal or undertake and document good faith efforts to do so. If the apparent low bidder does not meet the project goal, a Good Faith Efforts Evaluation must be made examining several specific factors.
Failure to meet the goal or provide evidence of adequate good faith efforts are grounds for rejecting the bidder as non-responsive.
A DBE is a socially and economically disadvantaged small business owned by a woman or by a specified ethnic group that has been properly certified by Caltrans. These groups include:
· African American
· Asian Pacific American
· Native American
· Women
City of Stockton Page 2 of 4 Printed on 3/27/2025
powered by Legistar™1289
File #: 25-0111, Version: 1
· Hispanic American
· Subcontinent Asian American
A DBE goal of 14 percent was established for this project. The goal was calculated by examining the breakdown of the types of work to be performed and the availability of certified DBE companies in our market area to perform the work.
The federal HSIP funding restrictions prohibit the use of the Local Employment Ordinance (Stockton Municipal Code (SMC) section 3.68.095) and the Local Business Preference Ordinance (SMC section 3.68.090).
Present Situation
On June 26, 2024, the City advertised an RFP for design services for the Systemic Pedestrian Safety Enhancements, Project No. WT23041/Federal Project No. HSIPL-5008(209). On July 25, 2024, two proposals were received from the following firms:
· W-Trans (Oakland, CA)
· Kimley-Horn (Oakland, CA)
The Selection Committee evaluated and ranked all proposals based on each firm’s understanding of work, experience with similar kinds of work, qualifications of proposed team, capability of developing innovative or advanced techniques, familiarity with federal procedures, and demonstrated of technical ability.
W-Trans received the higher ranking, based on the noted criteria, and was determined to be the more qualified firm for this project. Staff negotiated a fee in the amount of $308,586.24 with W-Trans for design services.
It is recommended that Council adopt a resolution appropriating and transferring funds and authorizing the City Manager to execute a Professional Services Contract in the amount of $308,586.24 to W-Trans for design services for the Systemic Pedestrian Safety Enhancements, Project No. WT23041/Federal Project No. HSIPL-5008(209). It is anticipated that the design will be completed by spring 2026.
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
1. The City does not have sufficient staff and expertise to design this project.
2. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.
City of Stockton Page 3 of 4 Printed on 3/27/2025
powered by Legistar™1290
File #: 25-0111, Version: 1
3. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
FINANCIAL SUMMARY
With the appropriation and transfer of funds in the amount of $512,600 to the Systemic Pedestrian Safety Enhancements, Project No. WT23041/Federal Project No. HSIPL-5008(209), there will be sufficient budget to award a Professional Services Contract in the amount of $308,586.24 to W-Trans for the project.
There is no impact to the City’s General Fund or to any other unrestricted fund as a result of taking the recommended actions.
Attachment A - Vicinity Map
City of Stockton Page 4 of 4 Printed on 3/27/2025
powered by Legistar™1291
HAMMER LANE
WILSON WAY
CHEROKEE ROAD
WATERLOO ROAD
FREMONT STREE
WI
CALAVERAS RIVER
CALAVERAS RIVER
STOCKTON DIVERTING CANAL
UPRR
UP
R
WEST LANE
WEST LANE
ST
Waterloo Road
PARK STREET LORRAINE AVENUE
ATTACHMENT A Vicinity Map
SYSTEMIC PEDESTRIAN SAFETY ENHANCEMENTS
City Project No. WT23041/Federal Project No. HSIPL-5008(209) N
VICINITY MAP
NOT TO SCALE
LEGEND
COUNTY LIMIT
CITY LIMIT
PROJECT
LOCATION 1292
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROPRIATING AND TRANSFERRING FUNDING, AWARDING A
PROFESSIONAL SERVICES CONTRACT FOR THE SYSTEMIC PEDESTRIAN SAFETY ENHANCEMENTS, PROJECT NO. WT23041/FEDERAL PROJECT NO.
HSIPL-5008(209)
On June 26, 2024, the City advertised a Request for Proposals (RFP) for design services for the Systemic Pedestrian Safety Enhancements, Project No.
WT23041/Federal Project No. HSIPL-5008(209). Two proposals were received; and W-Trans was the more qualified and higher-ranked firm and was determined to be the most qualified firm for this project. Staff negotiated a fee in the amount of $308,586.24 with W-Trans for design services; and
In November 2023, the Systemic Pedestrian Safety Enhancements, Project No.
WT23041/Federal Project No. HSIPL-5008(209), was awarded federal Cycle 11 Highway Safety Improvement Program (HSIP) funding from Caltrans for design services. This project is 90 percent federally funded and requires a local match in the amount of $51,260.00; and
Appropriation and transfer of funds is needed to fund all remaining costs to complete the design services 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 appropriation of HSIP funds in the amount of $461,340.00 to the Systemic Pedestrian Safety Enhancements, Project No.
WT23041/Federal Project No. HSIPL-5008(209).
2. The City Council approves the transfer of funds in the amount of $51,260.00 from Grant Match, Project No. WT21016, to the Systemic Pedestrian Safety Enhancements, Project No. WT23041/Federal Project No. HSIPL-5008(209).
3. 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 does not have sufficient staff and expertise to design this project.
1293
B. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor.
Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.
C. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC Section 3.68.070.A.3.
4. The City Council awards a Professional Services Contract between the City of Stockton and W-Trans, in the amount of $308,586.24, 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.
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 April 1, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
1294
PROFESSIONAL SERVICES CONTRACT
(for federal aid projects)
THIS CONTRACT is entered into this day of 2025, between the CITY OF STOCKTON, a municipal corporation (“City”), and W-TRANS whose address is 414 13th STREET, 5TH FLOOR, OAKLAND, CA 94612 (“Consultant”) for the SYSTEMIC PEDESTRIAN SAFETY ENHANCEMENTS, PROJECT NO. WT23041/FEDERAL PROJECT NO. HSIPL-5008(209) hereinafter referred to as “Project”.
RECITALS
A. Consultant represents that it is licensed in the State of California and is qualified, willing and able to provide the services proposed in the SCOPE OF WORK section of this Contract.
B. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Contract.
NOW THEREFORE, in consideration of the mutual promises, covenants and conditions in this Contract, City and Consultant agree as follows:
1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, Consultant shall undertake and complete the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. Consultant agrees that it shall produce a fully complete project that is acceptable to the City.
2. COMPENSATION. City shall pay Consultant for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this reference. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $308,586.24 or as otherwise mutually agreed to in a Contract Amendment.
3. INSURANCE. During the term of this Contract, Consultant shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit C and shall otherwise comply with the other provisions of Exhibit C.
4. INDEMNITY AND HOLD HARMLESS. Pursuant to the full language of California Civil Code §2782, design Professional agrees to indemnify, including the cost to defend, City of Stockton and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional and EXHIBIT 1
1295
its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City of Stockton; and does not apply to any passive negligence of the City of Stockton unless caused at least in part by the Design Professional. The City of Stockton agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fault.
This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.
5. SCHEDULE AND TERM. Consultant shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit D, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on December 31, 2028, unless extended by mutual agreement through the issuance of a Contract Amendment. a. Invoices submitted by Consultant to City must contain a brief description of work performed, time used and City project number. Payment shall be made within thirty (30) days of approval of invoice by City. b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. City shall have no obligation or liability to pay any invoice for work performed which Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.
6. CONFORMANCE TO APPLICABLE LAWS. Consultant shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
EXHIBIT 1
1296
b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit E). The purpose of this policy is to reaffirm the City’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace. c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=L AB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE RATES
Consultant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.
The Consultant shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in good readable condition for the duration of the work.
ii. Should the Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant shall reimburse the City the actual cost of engineering, inspection, superintendence, and EXHIBIT 1
1297
or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to City the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by Consultant, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. PAYROLL RECORDS The Consultant to whom the contract is awarded shall ensure that the prime and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records.
A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTICESHIP STANDARDS The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. APPENDIX E OF THE TITLE VI ASSURANCES
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the Appendix E of the Title VI Assurances attached as Exhibit F. f. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
7. RIGHTS AND DUTIES OF CITY. City shall make available to Consultant all data and information in the possession of City which both parties deem necessary to EXHIBIT 1
1298
complete the work, and City shall actively aid and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.
8. OBLIGATIONS OF CONSULTANT. Throughout the term of this Contract, Consultant represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the Consultant to practice its professions, and Consultant shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals. Consultant shall meet with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
9. OWNERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.
10. CONTRACT AMENDMENTS. City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant.
Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.
11. TERMINATION. The City may terminate this Contract upon thirty (30) calendar days written notice to Consultant with the reason for termination stated in the notice. The Contract shall then be deemed terminated and no further work shall be performed by Consultant. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.
12. CONSULTANT STATUS. In performing the obligations set forth in this Contract, Consultant shall have the status of an independent contractor and Consultant EXHIBIT 1
1299
shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant.
The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contract any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any contention by any third party that employer-employee relationship exists by reason of this Contract.
13. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.
14. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.
15. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To Consultant: To City:
W-Trans Public Works Director
414 13th Street City of Stockton
5TH Floor 22 E. Weber Ave., Rm. 301
Oakland, CA 94612 Stockton, CA 95202
16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to the Consultant’s engaging in any operation or activity set forth in this Contract, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. Consultant EXHIBIT 1
1300
covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.
17. RECORDS AND AUDITS. City reserves the right to periodically audit all charges made by Consultant to City for services under this Contract. Upon request, Consultant agrees to furnish City, or a designated representative, with necessary information and assistance.
Consultant agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant agrees to provide City or its delegate with any relevant information requested, and shall permit City or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract. Consultant agrees to maintain such records for a period of three years from the date that final payment is made.
18. CONFIDENTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
19. CONFLICTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.
20. WAIVER. In the event either City or Consultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
21. GOVERNING LAW. California law shall govern any legal action pursuant to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
22. NO PERSONAL LIABILITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount due Consultant.
23. INTEGRATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant EXHIBIT 1
1301
and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.
24. FEDERAL PROVISIONS. Consultant shall comply with the Federal Aid Consultant Contract Provisions which are attached hereto as Exhibit "G" and incorporated herein by this reference.
25. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
26. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant.
27. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.
IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.
CITY OF STOCKTON
By: ____________ _
STEVE COLANGELO
INTERIM CITY MANAGER
ATTEST:
By: _____________ _
KATHERINE ROLAND, CMC, CPMC
CITY CLERK
APPROVED AS TO FORM:
By: _____________ _
ASSISTANT CITY ATTORNEY
W-TRANS
Dalene J. Whitlock
Print Name
Title: Vice-President, Senior Principal
PROFESSIONAL SERVICES CONTRACT - W-TRANS - SYSTEMIC PEDESTRIAN SAFETY ENHANCEMENTS PROJECT NO. WT23041 / FEDERAL PROJECT NO. HSIPL-5008(209) (Updated 10/18/23)
EXHIBT 1
1302
Detailed Work Plan
Scope of Services
The following scope of services is based on the information provided in the RFP.
Task 1 Background Research
Task 1.1 Field Review
The W-Trans Team will conduct field reconnaissance of the project area, review and verify the location and type of existing improvements, equipment, bus zone locations, intersection geometrics, posted speed limits, and bus route movements.
Task 1.2 Survey, Base Plans, Assessment
Siegfried will conduct a topographic survey of the project area for the three intersections.
Siegfried will review any existing topographic mapping, and roadway as built plans received from the City.
Topographic surveys and digital CAD mapping services will be prepared by Siegfried. Their general scope of work includes the following.
• Completion of right-of-way/parcel research, computations, drafting, and land surveying. Siegfried will research available maps and deeds to plot the street right of way in the area of the improvements. Said right of way will be provided in CAD and tied via surveyed monuments to the topographic survey. The field survey and drawings will allow Siegfried to sign the right of way certification. The scope does not include title reports, records or survey, corner records, or mapping.
• Field crews will locate relevant, existing street monuments and property corners (if any) near the project street intersections and subject parcels to help in the determination of the property/right-of-way lines for the various street rights-of-way as available and as recorded. The field crew will set survey control points that can be used in future phases of the project. Unless otherwise directed, this survey project will be delivered in CA State Plane Coordinates NAD 83 with a basis of elevations based on long-occupation post-processed static GPS data adjusted to NAVD 1988.
• Siegfried will perform a design-grade topographic survey of the various items, features, and improvements at the project intersections.
• Survey Monuments as identified in the Public Record, as found or available, will be identified to help establish the limits of the right-of-way.
• Siegfried will include in the topographic survey all visible above-ground utilities along the route such as drainage structures, inlets, manholes, vaults, risers, meters, boxes, utility poles/guy anchors, and transformers. Additional features within ten (10) feet behind the sidewalk will be captured. Topographic spot elevations on various structures and features may include parking markings, sidewalks, utilities, trees, benches, walls, AC pathways, bollards, etc. Rim and invert elevations will be captured for all underground and above ground utilities.
• Siegfried will include general grades and spot elevations in/on/along the adjacent parcels/ driveways to demonstrate the direction of surface drainage flows being toward or away from the street.
EXHIBIT 1
1303
• Siegfried will establish a survey control network for all topography work. • Siegfried will compute and prepare scale digital maps in AutoCAD (.dwg) drawing file format depicting the topographic features/existing conditions and right-of-way data obtained for this project. The Digital Mapping files will include right-of-way lines (as determined), survey point data, linework, symbols, structures, labels, spot elevations and contour lines.
Existing monumentation will be documented and displayed on the survey for contractor incorporation into their bid for monument preservation if disturbed. See Task 8 for Monument Preservation Scope.
Siegfried will core each of the intersections to a depth of 12” and run R-Value tests to determine the existing TI.
In addition the pavement quality will be assessed and rehabilitation recommendations provided in memo form.
Task 1.3 Traffic Technical Memo
Task 1.3.1 Data Collection
Turning movement counts will be collected for the a.m., noon, and p.m. peaks at the three intersections, including Acacia/Wilson Way and Poplar/Wilson Way. Existing conditions will be documented based on the counts obtained and observations during the site visit. These results will be presented in text, including a Level of Service table. Project conditions will be assessed with the addition of the left turn lanes and protected left turn phasing to determine resulting operation for existing traffic.
Collision records for the study intersections will be reviewed for any trends or patterns, and the collision rates calculated in the before and after project condition.
Sight distance and approach speeds will be reviewed in the field for potential issues and documented.
W-Trans will also conduct a parking study along Wilson Way within the vicinity of the Wilson Way, Waterloo Road, and Poplar Street intersection where red curb paint and /or no parking signs will be installed based on sight distance and will provide recommendations for on-street parking restrictions. Parking occupancy counts will be counted for a 3 hour period during the AM peak and a 3 hour period during the PM peak hour along Wilson Way, between Acacia and Flora Street. The results of the parking study will be documented in a section in the technical memo.
Siegfried will conduct a pavement condition assessment within the vicinity of the project and propose surface preparations and treatment.
This information will be provided in a draft memo that provides details of the analysis and findings, together with tables and copies of calculations, and submitted for the City to review. City comments will be addressed, and a finalized memo will be prepared.
Task 2 Environmental Services (NEPA and CEQA Analysis)
ESA’s proposed scope of work is based on our project understanding of the project as described in the Scope of Work request. Our assumptions for preparation of the environmental documents are based on our assessment of regulatory requirements in accordance with CEQA and NEPA. The lead agency under CEQA is the City of Stockton and the lead agency under NEPA is Caltrans District 10, the Federal Highways Administration’s (FHWA) delegated NEPA lead for the State of California, through the Local Assistance Program.
EXHIBIT 1
1304
The scope of work and cost estimate presented in this proposal includes completion of environmental technical reviews in support of a Categorical Exemption (CE) under CEQA, and a Categorical Exclusion (CE) under NEPA through Caltrans Local Assistance. The CE/CE and supporting technical reviews will, in general, be prepared in accordance with the latest templates and guidance in Caltrans’ Standard Environmental Reference (SER) as of the date of this submittal.
The following scope encompasses all tasks anticipated to be necessary to meet CEQA and NEPA requirements for the proposed project.
Task 2.1 Preliminary Environmental Study
Our team will prepare a Draft Preliminary Environmental Study (PES) form in accordance with the requirements of the Local Assistance Procedures Manual (LAPM), Chapter 6. Once the PDT and City have approved the Draft PES, the Draft PES will be submitted to the Caltrans District 10 Local Assistance team. If a Field Review is required, ESA’s project manager would attend the Field Review Meeting with Caltrans to support environmental elements of that meeting. Following the Field Review Meeting, our team will prepare any needed revisions to the Draft PES and submit it to Caltrans for final approval.
Deliverables: Preliminary Environmental Study (PES) form; attendance at Field Review Meeting, if needed.
Task 2.2 NEPA Categorical Exclusion
ESA will coordinate with Caltrans D10 Environmental Staff to facilitate their issuance of the NEPA Categorical Exclusion for the project as well as a supporting environmental commitments record (ECR) or mitigation memorandum, if necessary.
Deliverables: NEPA Categorical Exclusion.
Task 2.3 CEQA Categorical Exemption
ESA will review the project for application of a CEQA Categorical Exemption (CE), and prepare a CE Support Memo for the project file that describes why a CE is the appropriate level of documentation for the project and documents the investigations completed during the review. ESA will rely on the information prepared to support the PES Form, specifically as it pertains to hazardous materials, cultural resources, and biological resources, to inform the CE Support Memo.
Upon completion of the CE Support Memo, ESA will prepare a Notice of Exemption (NOE) in the City’s preferred format and provide it to the City for their signature and posting at the County Clerk-Recorder’s office and State Clearinghouse.
Deliverables: CEQA Categorical Exemption Support Memo and Notice of Exemption.
Task 2.4 Project Management and Meetings
Project Management – Throughout project delivery, ESA will provide monthly budget summary/progress reports that describe and discuss efforts undertaken to date, potential problems and their resolution, critical path items, schedule status, and expected deliverables during the next reporting period.
Meetings – Regular coordination will occur throughout the project development process. It is assumed that a limited number of meetings will need to be held because many of the day-to-day activities can be conducted electronically or via teleconference; however, a project kickoff meeting and periodic meetings will be held EXHIBIT 1
1305
between the ESA Project Manager and the Project Development Team (PDT) after the Notice to Proceed (NTP) is received. During the PA/ED phase, ESA will meet with the PDT to report status on current project related activities. It is anticipated that up to two meetings may be required and may include the following:
• Kickoff meeting (virtual)
• Project Development Team Meeting, as needed (1 virtual assumed) Deliverables: Environmental Technical Studies, as required by Caltrans.
Key Assumptions
• The duration of ESA’s project management and invoicing period is eight (8) months. • All meetings, with the exception of the Caltrans Field Review Meeting, will be conducted “virtually” via an electronic meeting platform of the client’s choosing.
• The project would qualify as categorically exempt from CEQA. If completion of an Initial Study to support a Negative Declaration or a Mitigated Negative Declaration would be required, then ESA is available to complete these services under an amended agreement.
• Hazardous Materials testing and characterization is not included in this scope of work. • The project area is within FEMA Zone X. Based on this, it is not expected that the project would require preparation of a Location Hydraulic Study and Summary Floodplain Encroachment Report (LHS/SFER) to address the project’s encroachment on a base floodplain or regulatory floodway. • Based on preliminary reviews of the project sites, it is expected that sensitivity for cultural resources would be low, and a desktop review would be sufficient to complete cultural resources investigations for the project. If a site visit by an archaeologist is required or desired by the City, it can be added as an optional task.
• The project would qualify as a Screened Undertaking pursuant to Stipulation VII and Attachment 2 of the Caltrans Section 106 Programmatic Agreement effective January 1, 2014 and the Section 5024 Memorandum of Understanding as amended 2019, and no records search, Native American consultation, or other research or documentation would be required to comply with Section 106 of the National Historic Preservation Act.
• It is assumed that no special status species will be in the project area. • It is assumed that either jurisdictional waters and/or wetlands are not in the project area, or if present, they could be avoided during design and construction and completion of an Aquatic Resources Delineation Report and/or acquisition of regulatory permits would not be required. • The City will be responsible for payment of CEQA filing fees. • To support initiation of the PES Form, W-Trans will provide a project description and preliminary design information sufficient to inform completion of the PES. • ESA services will not be required to support project tasks related to Bid Package, Bidding Services, or Construction Support Services.
Task 3 Utility Coordination
Siegfried will perform utility investigations and coordination with utility owners throughout the project EXHIBIT 1
1306
development process. Siegfried will meet and work with all pertinent utilities to identify utility conflicts, coordinate utility plan reviews, conduct necessary coordination meetings, and locate improvements as required to facilitate utility relocations. All utility coordination will be in accordance with Caltrans “Manual on High and Low Risk Underground Facility within Highway Rights of Way.” Utility letters and project location exhibits will be prepared.
They will be present at all necessary meetings with each utility owner. This includes the following:
• A project limits map will be prepared and utility information requested from each utility owner within the area of work.
Task 3.1 Utility A, B & C Letters
Utility Letters “A” will be prepared during the preliminary design phase for City to review and approve prior to transmitting to the affected utility owners. Information on existing utilities obtained as a result of the “A” letters will be transferred to base maps in both plan and profile view. A copy of the utility data obtained from utility owners will be provided to the City. • Utility Letters “B” will be prepared during the 60% design phase for City to review and approve prior to transmitting to the affected utility owners. Two sets of half-sized 60% plans will be provided to each utility owner as an attachment to the letter. The letter will request that utility owners verify any utility conflicts with proposed improvements and indicate whether any future utilities are proposed in the area that may require accommodation through the improved area. Information on existing utilities obtained as a result of the “B” letters will be used to determine potential utility conflicts and to resolve the conflicts identified.
A copy of the utility data obtained from utility owners will be provided to the City. • Utility Letters “C” will be prepared during the 100% design phase for City to review and approve prior to transmitting to the affected utility owners. Two sets of half-sized 100% plans will be provided to each utility owner as an attachment to the letter. The letter will indicate to the utility owners whether any changes have been made to the project plans since the Utility Letter “B” and will request written confirmation of utility relocations and utility relocation schedule. A copy of the utility data obtained from utility owners will be provided to the City.
• Utility companies will be met with as needed to ensure that conflicts are identified, and relocations performed if necessary.
• Siegfried will research available maps and deeds to plot the street right of way in the area of the improvements. Said right of way will be provided in CAD and tied via surveyed monuments to the topographic survey. The field survey and drawings will allow Siegfried to sign the right of way certification.
The scope does not include title reports, records or survey, corner records, or mapping.
Task 3.2 Utility Locating
A potholing budget for utilities has been included for the following scenario:
• Siegfried will deploy a utility locating company at the two proposed signal pole locations to pothole for utility conflicts. Potholes will be up to 6 feet deep. Potholes in concrete will be patched with concrete.
Task 4 Plans, Specifications, and Estimate
Base plans will be prepared using the survey data supplemented by field notes and measurements. Plans will be prepared for the various aspects of the design at the 30%, 60% and 90% completion levels, as indicated EXHIBIT 1
1307
below. Submissions will be via electronic media only, formatted for printing on paper 11 x 17 inches or a fullsized 22 x 34 inches plan sheet.
Task 4.1 30% Design
Existing and new poles, cabinets, vehicle and pedestrian heads, vehicle and bicycle detection, pre-emption equipment, and streetlights will be included on the plans for the traffic signal modifications. A traffic signal modification layout sheet will be prepared for each intersection. For this submittal, the pole and equipment schedule will be completed. The conductor schedule will be completed at the 60% submittal stage.
Striping and signing plans will be prepared to show the striping and signage modifications. Details, notes, and legends will be provided on the striping and signing plans.
Paving layouts for the medians and ramps will be shown on a paving layout plan at a 1”=20’ scale. Drainage and grading design will be shown in the 60% submittal.
An Engineer’s Preliminary construction cost estimate will be prepared for the quantities shown on the plans.
Deliverable: Electronic .pdf of the plans and construction cost estimate.
Task 4.2 60% Design
Siegfried will prepare a set of civil engineering construction drawings based on their topographic survey and civil improvement work. The drawings will incorporate the contact information and general notes required to perform the work for the improvements, a site Grading and Drainage Plan reflecting the plan view location of curb lines and accessible ramps, and an Erosion and Sediment Control Plan containing temporary measures to protect stormwater during construction. The Civil Plans will contain stationing and control based on the topography and an assumed baseline. W-Trans will prepare the traffic signal modification sheets, conductor and pole and equipment schedule and details for the improvements shown.
Technical specifications will be prepared based on the Caltrans Special Provisions and customized to meet the City’s requirements using boilerplate text provided by the City, including a cover sheet with the project engineer’s approving stamp and signature. Contract bid documents are specifically excluded from this task.
A cost estimate will be provided based on the quantities identified in each plan set.
A matrix of comments will be developed, including the comment, commenter, responder, and response.
Deliverables: The plans, technical specifications, and cost estimate will be submitted electronically. Plan sheets to be submitted include a Title Sheet, traffic signal plan sheets, traffic signal equipment schedules sheets, striping sheets, civil design sheets, grading and drainage, and erosion and sediment control.
Task 4.3 90% Design
Based on the comments received from the City on the 60% submittal, W-Trans Team will review and incorporate the comments into the 90% PS&E submittal. A response to comments matrix will be developed, including the comment, commenter, responder, and response.
Deliverables: The plans, technical specifications, and cost estimate will be submitted electronically, response to comments matrix.
EXHIBIT 1
1308
Task 4.4 100% Design
Final (100% submittal) PS&E will be prepared, including all information previously identified and modified to incorporate changes based on comments from City staff on the 90% plans. At this stage, it is assumed the comments will be minor editorial comments in nature. The plans will be submitted electronically in native format as well as pdf and on full-size (24” x 36”) plots; the plots will be on mylar and will be signed. A cover sheet will be provided for the specifications with the engineer’s stamp and signature, and the cost estimate will be provided electronically.
Task 4.5 Quality Control
The Principal in Charge will provide the City with a signed Quality Control checklist at the time of each deliverable submittal, which will ensure conformance to Caltrans Standard Plans and City Standards.
Task 5 Coordination/Meetings
Task 5.1 Kickoff Meeting
The W-Trans Team will hold a virtual kickoff meeting with the City to go over the scope, schedule, and budget. Project team members will be introduced as well as protocols for communication during the project.
Task 5.2 Coordination/Meetings
Meetings will be held with City Staff at the following milestones: project initiation/kick-off, pre-construction, during construction and post construction. Meetings will be held via Microsoft Teams with a schedule being sent out to all participants at least two (2) days prior. Microsoft Project will be used to track each the project schedule which will include tasks, duration, milestones, assignments, critical paths, successors, predecessors, and other relevant data. The project schedule will be maintained and updated monthly throughout the PS&E phase of the project.
Task 6 Design Support During Construction
Task 6.1 Services Prior to Construction
The Project Engineer will be available to respond to questions and requests for information during the bidding phase of the project.
The Project Engineer will respond to issues that arise during the bid process and prepare addendums to the bid documents if necessary.
Task 6.2 Services During Construction
The Project Engineer will be available to review submittals to determine if materials meet the specifications and respond to questions from the Contractor and altering project plans to address any design changes needed. Note that no field visits are included in this scope of work. We have allocated 30 hours of the Project Engineer to assist the City during construction. Additional hours needed can be added through an amendment to the contract.
Task 7 As-built Drawings
The Project Engineer will prepare a complete set of as built drawings in AutoCAD upon receipt of red-lines from the contractor. Changes will also be reflected on the mylars by a new printed sheet.
EXHIBIT 1